Are Batswana Being Shut Out of Their Own Laws?

Botswana is a democracy. We vote for a political party whose vision aligns with ours, expecting it to make laws in our favour. It is a fundamental legal principle that these laws be accessible. Historically, this has meant we should have easy access to laws through the Government Printing Office, public libraries, and the like. But what does this mean today?

The world has undergone a technological revolution. As such, many of the youth, the beneficiaries, and possibly the victims, of this revolution, are unaware of how to navigate Botswana’s technologically-bereft environment. It is difficult to believe most of the youth are aware that copies of our legislation are publicly available at a reasonable fee. Certainly, that is their fault for not being inquisitive. But, taking into account this reality, one would imagine the State has an obligation to inform the public of the laws it makes.

It is true that new laws are announced in the Gazette, but how many Batswana regularly read it? How accessible are Gazettes after they have been published? More importantly, how many Batswana have the time (and patience) to page through them? The answer, to me, seems quite clear: very few.

One must also consider questions of practicality. Individuals seeking to know more about the country usually look for specific laws that pique their interest and have no intention of combing through hundreds of pages of irrelevant information to find them. Even those who find time to visit Government Printers are often disappointed, as the laws are not updated. One appalling example of my meaning is the Income Tax Act. Astonishingly, it has not been updated since 2011. The amendments are, therefore, to be purchased separately. If private parties were in charge of enacting laws, this would be understood as a means of increasing profits. But what justification does the State have for being this disorganised?

All of that is beside the point. The true purpose of this article is to propose that Botswana embarks on a technological revolution of its own.

Technological Legal Developments

A lot of our legislation is freely accessible online, but if one would like to stay up to date with all the legislative developments in Botswana, a substantial fee is required. This, I regret to say, is because we do not truly own our laws. I confess that it is a struggle to see how this is consistent with the Constitution. Should there be middlemen between us and the laws we make?

As observed at the beginning, Parliament is democratically elected. This means that, in a sense, it is us who make the laws, as we select the politicians charged with promulgating legislation. Why, then, are these laws hidden from us? Of course, the Government Printers office remains open, which is a perfectly acceptable avenue for purchasing legislation. But, in this new technological dawn, there should be new technological means of accessing our laws. And, as we choose their content, there is no reason why they should not be availed for free.

Capitalism demands that Botswana continues this course, but democracy may require radical reforms.