The Legacy of Professor Kenneth Good and the Impact of the 2021–2024 Constitutional Review Debacle on Botswana’s 2024 Elections

Abstract

Namibia and South Africa adopted new democratic constitutions in 1990 and 1996 respectively, thereby overshadowing Botswana, which had been regarded as Africa’s leading example of democracy. During the 2019 election campaign, the ruling Botswana Democratic Party (BDP) pledged to conduct a comprehensive constitutional review in response to long-standing public grievances about the country’s growing socio-economic and political issues. However, after winning the elections, the party seemed unwilling to fulfil this promise. In December 2021, President Mokgweetsi Masisi yielded to popular pressure for a constitutional review. His controversial approach involved him appointing a Presidential Commission on the Review of the Constitution, defining its terms of reference, and selecting the commissioners. This approach served the narrow self-interest of the ruling elite and the BDP, but the commission’s findings were rejected by civil society and opposition parties. Civil society, including church groups, even threatened litigation if the government did not withdraw its Constitution (Amendment) Bill No. 4 of 2024. This paper uses qualitative research to argue that Masisi’s approach gives credence to Professor Kenneth Good’s view of Botswana as an authoritarian liberal and minimalist democracy, where the ruling elites are accountable only to themselves. Consequently, this approach has perpetuated a ‘strong man’ syndrome and weak institutions, leading to the continued marginalisation of some sectors of society. The BDP’s significant loss of power in the 2024 elections, after 58 years, can be understood in this context.