The proposed establishment of a Constitutional Court through Constitutional Amendment Bill of 2025, has been a topic of significant debate, revolving around issues of legal framework, judicial independence and constitutionalism as well as prioritisation of needs. Proponents of the Constitutional Court argue that it will enhance legal certainty and accountability by providing a specialised forum for constitutional disputes. They also believe it will contribute to the development of constitutional law in Botswana.
While opponents express concerns about the piece meal amendments instead of the holistic approach into the review of the country’s constitution. This week government consultations with various stakeholders, district councils and MPs kgotla meetings has revealed that the establishment of a constitutional court remains a complex topic. In Lobatse Calviniah Kgautlhe reports that Lobatse councillors have unanimous expressed support for the establishment of a Constitutional Court, with a call for its location to be set in Lobatse.
They made the resolution during a special full council meeting addressed by the Minister of Justice and Correctional Services, Mr Nelson Ramaotwana, on Tuesday. During their submissions, nominated councillor, Mr Kago Malele emphasised the importance of ConCourt in strengthening Botswana’s legal framework and democratic ideals. He stated that as the country moved toward electoral reforms, the establishment of the Constitutional Court was crucial for safeguarding the constitutional rights of its citizens.
Read Full Article on Daily News Botswana
[paywall]
Councillor Malele further argued that financial considerations related to the Constitutional Court’s budget should not hinder its establishment. He proposed that Lobatse, previously home to the Court of Appeal, was an ideal location for this new court, suggesting that it could revitalise economy in Lobatse, a sentiment echoed by his fellow councillors. Kgaboesele Ward Councillor, Ms Mathara Moreeng highlighted the historical significance of Lobatse, noting that it was where Botswana’s Constitution was first read.
She asserted that setting the Constitutional Court in Lobatse would stimulate much-needed development in a town that had lagged behind in progress. The endorsement for the court’s establishment was supported by Thema/Motswedi Ward Councillor Mr Velem Heii, who said government was committed to human rights and the protection of minority groups. He noted that a specialised court would enhance accountability and help combat corruption at all levels of government.
Councillor Gofaone Kedise underscored the urgency of the ConCourt, saying it was long-overdue and was one of the Umbrella for Democratic Change (UDC) pledges in the manifesto. He recounted past instances where the High Court failed to address constitutional appeals, highlighting the necessity for its necessity to ensure justice for the populace. Supporting the call, Tsopeng North Councillor Gobuamang Motlogelwa reiterated Lobatse’s historical significance in the drafting of the Constitution, insisting that the legacy must endure with the establishment of the Constitutional Court.
Minister Ramaotwana addressed councilors about the current limitations within the judicial system, noting that constitutional cases are presently handled by the High Court and the Court of Appeal, which lacked the specialised capacity needed. He reaffirmed the ruling party’s commitment to establishing a dedicated Constitutional Court to protect fundamental rights. Kehumile Moekejo in Mabutsane captured the district council consultation meeting on Monday addressed by the Assistant Minister of Justice and Correctional Services, Mr Augustine Nyatanga.
[/paywall]
