SADCPF moots Model Laws on the Rule of Law and Constitutionalism and on Prison Oversight

10 November 2023
SADCPF Secretary General Boemo Sekgoma

Secretary-General of the SADC Parliamentary Forum, Ms Boemo Sekgoma. Photo: Contributed

The Pan Afrikanist Watchman

The Southern African Development Community Parliamentary Forum (SADCPF) wants to develop a SADC Model Law on Prison Oversight as well as a Model Law on the Rule of Law and Constitutionalism in the years to come.

Closing the Joint SADC PF and INTER PARES workshop on ‘Enhancing Parliaments’ role in defending and promoting human rights in Southern Africa’ on Thursday, SADCPF Secretary General Boemo Sekgoma – speaking remotely from her base in Windhoek, Namibia – indicated that they are currently “open to receiving interests from partners to support these noble initiatives”.

Sekgoma observed that the nature of human rights may vary over time citing for example that if 30 years ago, capital punishment was seen as a violation of the right to life, it may well be possible that life sentences for prisoners may equally be tantamount to a human rights violation in the contemporary context.

Other issues which she said call for variance is the treatment of prisoners. Should prisoners have access to a library of books, or is this too much liberty? Should they be able to play one musical instrument of their choice during their rest hours? Should prisoners be allowed to watch television?

Should there be a greater focus on rehabilitation rather than admonishment, and if yes, how should it go? Sekgoma acknowledged that while they do not have precise answers to these questions, yet they incite reflections about how the notion of human dignity may vary over time and how “we want our society to evolve into the future”.

She noted that nowadays, human rights discourse is even evolving towards the right to broadband connectivity since access to the internet is closely intertwined with access to education. 

“My point here is that human rights are not static in nature, and they will necessarily evolve over time in pace with greater standards for human dignity and decency”.

Sekgoma emphasised that it is the duty of Parliaments to evaluate the changes over time and ensure that the legislative framework adapts to enhanced standards of human rights protection.

She noted that as the Forum updates its partnership matrix for the next five years, they will be keen to develop robust partnerships that can assist “our parliamentary organs” to tackle Model Law making more effectively, thus also impacting on the domestication of human rights treaties.

SADCPF has spearheaded the development of several Model Laws among these – the SADC Model Law on Elections; SADC Model Law on HIV and AIDS in Southern Africa; SADC Model Law on Eradicating Child Marriage and Protecting Children Already in Marriage; SADC Model Law on Gender Based Violence and lately the SADC Model Law on Public Financial Management.

Ms Sekgoma noted that Model Laws developed by the Forum have proved to be a “valuable catalyst” to spearhead domestication and expressed a keenness to see further investment in Model-law initiatives in relation to topics that are still unexplored as well as for domestication strategies of existing Model Laws.

The Secretary General then invited partners to collaborate profusely with the Forum under the auspices of the Regional Parliamentary Model Laws Oversight Committee, which she described as the flagship domestication organ of the SADC-PF.

The Secretary General emphasised the need to develop North-South collaboration to a “greater extent” in view of ensuring that there is harmonisation of understanding of human rights treaties and how they need to be interpreted to speed up the domestication process.

“I wish to emphasise that the Universal Declaration of Human Rights as well as the International Covenants on Civil and Political rights and Economic, Social and Cultural Rights, all envisage that human rights be applied globally in the same manner”.

Among the dignitaries attending the workshop were Aisha Adams, MP, the Second Deputy Speaker of the Parliament of Malawi, representing the Rt. Hon. Catherine Gotani Hara, Speaker of the Parliament of Malawi; Chairperson of the SADC PF Standing Committee on Democratisation, Governance and Human Rights, Tendai Nyabani, Members of the SADC PF Standing Committee on Democratisation, Governance and Human Rights.

There were also Members National Parliaments of European Union Member States, joining online as well as Ivo Hoefkens, Head of Cooperation, European Union Delegation to the Republic of Malawi.

Dr Jonathan Murphy, Head of Programme, INTER PARES, International IDEA joined physically while Dr Roba Sharamo, Regional Director for Africa and West Asia, International IDEA, joined online and offered insights to the deliberations.

(C) The Pan Afrikanist

Last Posts

Russian presidential envoy for investment and economic cooperation Kirill Dmitriev

Diesel diplomacy: How a Russia-US fuel deal is redrawing global alliances

The diesel supply agreement struck between Russia and the United States may appear at first glance to be a simple energy transaction. In reality, it has evolved into a geopolitical flashpoint that is exposing deep…

10 November 2023

UB Vice Chancellor, Professor David Norris, the force behind the new strategy designed to transform UB into a high performance organisation

UB Graduates Over 4,000 as Output Jumps 15%

GABORONE, October 19, 2026 – The University of Botswana (UB) will confer qualifications on 4,059 graduands during its 44th Graduation Ceremonies, marking a significant increase in graduate output and a notable rise in doctoral graduates.…

10 November 2023

Dr Matshidiso Rebecca Moeti

UB to Confer Honorary Doctorates on Sesana, Moeti and Dingake

GABORONE, Oct 20, 2026 – The University of Botswana (UB) will confer honorary doctorates on indigenous rights activist Roy Sesana, public health leader Dr Matshidiso Rebecca Moeti and jurist Justice Professor Oagile Bethuel Key Dingake…

10 November 2023

Mr.-Johan-Frisell-Director-for-Africa-and-Deputy-Director-General-Ministry-for-Foreign-Affairs-of-Sweden

Sweden hails SADC PF as “excellent vehicle” for advancing SRHR within the region

By Moses Magadza WINDHOEK, Namibia – Sweden has described the SADC Parliamentary Forum as a trusted regional partner and an effective channel for advancing sexual and reproductive health and rights (SRHR) and has praised its…

10 November 2023

FNB Botswana Deputy Chief Executive Officer Dr Mbako Mbo

FNB Botswana backs private sector growth at National Business Conference

FRANCISTOWN – FNB Botswana has reaffirmed its commitment to private sector-led economic growth and diversification through its partnership and participation in the 18th National Business Conference (NBC), currently underway in Francistown. The conference, hosted by…

10 November 2023

Boko said Xi's journey from provincial leadership to the highest office in China testified to his resilience, integrity, wisdom and deep understanding of governance

Boko calls for reparations for colonial injustices, as he hails Xi’s pragmatic leadership

BEIJING – President Duma Gideon Boko has described Chinese President Xi Jinping as a transformative and pragmatic leader whose governance philosophy is rooted in a deep understanding of China’s material realities, while also reaffirming his…

10 November 2023

Related Stories