Court Presidents demand equal recognition
09 Feb 2022
Interest groups and individuals convened Wednesday afternoon at Lobatse Civic Centre to share their sentiments on constitutional review.
First to the podium was Deputy Court President for Motswedi/Thema ward, Mr Kgotlaetsile Motsamai who suggested that section 77-85 of the constitution which speaks to the composition and establishment of Ntlo ya Dikgosi be reviewed.
Mr Motsamai said he believed that the commission stood to address issues of inequality saying that this section of the constitution depicted districts represented at Ntlo ya Dikgosi.
He stated that not all districts were represented under Ntlo ya Dikgosi mentioning that towns were left outside and one would wonder whether they were not districts when evaluating the policies embedded in local authorities.
Mr Motsamai suggested that the constitution should clearly define how court presidents were related to districts, implying that by nature of their duties and specialities at community level equals that of Dikgosi.
He said the only difference was that Kgosi was established by Bogosi Act whereas, Court President was only associated with customary court and the suggested that it should be rectified.
For towns/wards that were not represented at Ntlo ya Dikgosi, Mr Motsamai said they should be allowed as court presidents to choose their representative to seat in Ntlo ya Dikgosi
From Lobatse Support Group representing Rainbow Identity Association was Mr Bethesda Segale who suggested that constitutional should be reviewed to reflect and condone same sex relations.
“Re kopa le gore di NGO di fiwe di office space,” meaning that the government should afford them office space as they work together on daily basis, she said.
In support of Mr Segale was Ms Kitso Ramarumo from LGBT support group supported that the constitution review takes into account same sex relationships and afford individuals the rights to form family arrangements of their choice without discrimination.
She added that this should include surrogacy and adoption for LGBT groups. Ms Ramarumo stated that section 50 of the constitution should be altered to include gender identity, sexual orientation and sex characteristics to protect those implicated.
However, Mr Elias Motswagae of Minister’s Fraternal opposed this stating that, “re tshwanetse ra lemoga gore lefatshe la rona ke lefatshe le le rulaganyeditsweng mo mererong ya sekeresete,” meaning that Botswana was founded on Christian believes and as such it matters how issues of sexuality and relationships were practiced.
He stated that Marriage Act should not be altered much especially when it came issues of polygamy, sex workers, and homosexuals to remain a God fearing nation.
From the individuals who participated was the Mayor of Lobatse Mr Issop Pandor who suggested that the position of specially elected council members only be availed to youth or people with disabilities.
Pastor Daniel Otlaadisa’s sentiments focused on churches being registered by council of priests as opposed to government offices, citing that constitution laws do not satisfy church processes.
He added that some churches were erased on the database reason been that they had not submitted their tax returns and as such he appealed that the commission takes this into account and learn that some churches were newly set hence the anomaly so they should not be expunged.
Chairperson of Business Botswana for Lobatse, Mr Bushy Mosala said the constitution was not in unity with various interest groups in Botswana.
He suggested that every interested group has to be represented in the constitution.
Mr James Makwati said the constitution doesn’t favor the masses but gives more protection to the president mentioning the constitution shield him from court appearances during his tenure. ENDS
Source : BOPA
Author : Marvin Motlhabane
Location : LOBATSE
Event : Constitutional review Commission
Date : 09 Feb 2022







