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A story is told of the late Eddison Zvogobo, former Minister of Justice in Zimbabwe who had a reputation as an astute debater, with an agile mind and sharp tongue both of which he would employ at the slightest intellectual provocation. In 1998, members of the National Constitutional Assembly in Zimbabwe paid a courtesy visit to Zvogobo to introduce the largest civic group in the country, as it were. Minister Zvogobo is alleged to have ridiculed, “…how can a few people sitting under a tree call themselves as the National Constitutional Assembly? In my view, you are neither national, nor constitutional, for you have not been enacted by any constitutional process.” The story says in spite of the attempts to explain the vision of the National Constitutional Assembly, the meeting with Minister Zvogobo was short and not productive at all.

The dynamic  that came to be characterised by that meeting, no doubt has taken centre stage in governance struggles in Southern Africa. During these years we have seen how civil society in Swaziland grouped and organised themselves to spearhead popular voices on the constitutional making process in that country. In Zambia non-governmental organisations became critical voices for constitutional reform. There has been uproar and constitutional controversies on the “third term” phenomenon – where sitting presidents seek to extend their tenure of office beyond the constitutionally prescribed two terms.

Unlike other Southern African countries which have experienced most change and development in the political arena of constitutional review, Botswana has regrettably stagnated. Constitutional review implies a process of change or the amendment of a current constitution. Review, on the other hand as an appraisal or evaluation, is an inherent part of the process but is only one component. Scholars argue that contemporary constitutional review is a process that may culminate in a completely revised constitution or one that is amended to make its original form unrecognisable. It appears a more appropriate term is constitutional reform which has become commonplace as encompassing review, analysis, revision, amendment and adoption. Constitutional reform addresses process and content.

At regional level, we have seen the emergence of an excess of African Union norms, customs, practices and culture on good governance and human rights. It appears to that from this framework set by the African Union there exist a reality for a comprehensive framework of contemporary constitutional standards that should inspire national jurisdictions in Southern Africa, Botswana included.

The process of constitutional making and or reform requires that it must involve the people and allow for their active participation, for it is the will of the people and can be the basis for a just and sustainable constitutional order. This is also the best way of arriving at a democratic constitution. By involving people in the constitutional making and or reform process creates a constitution that is acceptable to the majority of people and thereby promotes peace and stability. In the past constitutions were drafted and reformed by the few powerful elite with minimum, if any, input from the citizenry. Contemporary constitutional reform requires, of necessity, a broader involvement of the people. This bestows legitimacy on the content of a constitution and contributes to ensuring that it serves its fundamental purpose as a form of a contract between the state and its people.

It appears to me that whilst constitution building has become an essential part of the road map to good governance, the rule of law, human rights, separation of powers, transparency and accountability comparative knowledge and information on constitutional change (and its importance) particularly with regard to its process dimension and the scope, methods, and effects and has thereby crippled the necessary debates on constitutional review and reform and benchmarks for constitutional standards.