Some insights into statutory lawmaking in Botswana

Abstract

This paper examines the law-making process in Botswana, one of Africa’s best examples of vibrant parliamentary democracy. Although the whole process is modelled on the British Westminster system, it has, however, been shaped and influenced by some local realities. An example of this is the existence of a House of Chiefs that has no legislative powers and plays only an advisory role in certain specified matters. After examining the pre-legislative stage, which arguably, is the most important stage in the law-making process, and the legislative stage itself, the paper highlights some of the important lessons that can be drawn. Two main points stand out. First, it is now clear that parliament as the people’s representative needs to play a more active part in the law-making process especially at the critical deliberative pre-legislative stage. Secondly, there is a need to abandon the much criticised British system of drafting statutes in highly technical, obscure and complex language that can hardly be understood either by legislators or ordinary citizens in favour of the emerging trend towards texts drafted in plain language. To be both relevant and effective, legislation must respond to human needs, aspirations and convictions in a language that they can both understand and identify with.