Its common knowledge to anyone who went to primary school that the Legislature is the arm of government responsible for making laws in a democratic society.

Laws are made to maintain order, to settle disputes and to protect the interests of the state and its citizens. It is the function of the law to reinforce social values that include morality, customs and conventions.

Custom is a habitual practice

Convention is an agreed rule that guide social lives.

The creation of laws is triggered by a number of events, these are:

1. Public opinion advocating for change
2. Pressure group campaign
3. Government manifesto campaign (what political leaders promise people to do)
4. Decisions of the court of law. – When a court of law, particularly the Court of Appeal decides that an existing law violates the constitution or goes against public policy, It declares it null and void. The impact of the decision is to compel / place a mandate on Parliament to revise, amend or enact an appropriate law.
5. Report from a commission of enquiry. An example is the Constitutional Review Commission that travelled around the country during the year 2022.
6. Recommendations from service departments. – This is because they are responsible for enforcement of laws passed by Parliament & they experience the challenges and impracticalities of enforcing those laws.

Laws aren’t made overnight, they are a result of continuous exertion of pressure on the relevant authorities. It is a task that demands deliberate action and relentless advocacy. The laws we see in force in Botswana today are a result of the actions of those who refused to give Parliament a reprieve.

A good example of the continuous advocacy is the Anti Gender Based Violence Movement.

This began as a protest against the indifference of law enforcement agencies. Then it became an active campaign that garnered support in every department on social media and other digital platforms. It also gained the support of neighboring countries who advocated for non-violence.

This therefore made it impossible to ignore by any officials and it compelled a sense or urgency in law making.

The result was a revised Domestic Violence Act, the creation of a specialized court and the continuous awareness campaign on law enforcement agencies. This is the type of pressure & relentless effort it takes to create new laws.

It is not enough to protest before Parliament and to deliver petitions. There must be constant and deliberate commitment to change.

It is not enough to comment at Kgotla meetings, there has to be coordinated action in and out of season.

Every law that has been passed in Botswana was passed with your consent, your indifference subjected you to the laws that now apply to you.

How do you influence/participate in law making

• Support campaigns driven towards positive reforms such as the Anti-Drug Campaign / Anti GBV
• Donate money to causes that lobby for law reforms or amendment.
• Participation is key. Support is key. The strength of a campaign and its impact depends on its finances & resources.