21 Jul 2022

Establishing a constitutional court as one that deals primarily with constitutional law is of paramount importance, says Ms Taboka Cunningham. 

She said during the Rastafari House of Nobles Association (RHONA) interface with the Presidential Commission of Inquiry into the Review of the Constitution at Gaborone’s Maruapula Community Hall on Wednesday that the absence of the organ (constitutional court) in any given jurisdiction curtailed people’s freedom and rights. 

It was her submission, therefore, that once put in place, the constitutional court would help determine matters deemed to be unconstitutional. 

“Its main authority is to rule on whether laws that are challenged are unconstitutional,” she noted, submitting further that Botswana needed to have a distinct separation of powers as far as three arms of government were concerned. 

Instead of having the head of state as the appointing authority for people holding certain key positions, the National Assembly or a committee of professionals ought to be set up to vet such appointments. 

Furthermore, Ms Cunnigham called for the deliberate inclusion of the protection of cultural rights within the Constitution; something she said would help entrench cultural tolerance. 

She said Botswana as a bonafide member of the United Nations was duty-bound to protect and entrench the cultural rights of its people. 

As the Rastafarian community living in Botswana, Ms Cunnigham highlighted that demanding that their children cut their locks in certain public schools infringed on their right to education. 

“Except with his or her consent, no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony if that ceremony or observance relates to a religion other than his or her own,” she relayed. 

Sharing her views, Ras Sanoki Cunnigham warned that vesting too many powers on one arm of government needed to be reviewed. 

He argued, for instance, that it should not be the prerogative of the President, who is the head of the executive arm of government to appoint judges. Ends