30 Jul 2025

Government is considering a comprehensive constitutional review due to pressure from society, says President Advocate Duma Boko. 

He said before the start of the constitutional review, a constitutional court would be established to become part of the intellectual repertoire and toolkit that judges could use.

President Boko said this during the official opening of the Judicial Conference themed: Upholding Human Rights Through Judicial Reforms and Accountability in Palapye yesterday

He said the review of the constitution would start with the establishment of Constitutional Court, creating a final layer in the legal system, which would deal with matters through a constitutional lens.

President Boko said the court should not be in a position where  it agreed that injustice had been done but could not help the victim or complainant and therefore referring the matter to the executive arm of government.  The court should resolve such on its own, he quipped.

However, the president briefly examined the existing legal system, noting its shortcomings and the complexities affecting the justice process.

AdvoPresident Boko therefore emphasised the need for methodical and sustained examination of the law, considering both its present realities and its intended purpose.

 He said such an effort would require the mobilisation of the entire legal profession, including academics.

President Boko spoke against a legal system that was skewed to favour those with the financial muscle and disadvantaged those with less resources.

He said Botswana’s legal system was a dualist system, blending Roman-Dutch law (which is the common law) with customary law.

To this end, he said this meant that alongside the courts applying the laws of Botswana, there were also customary courts that handled family and customary law disputes. The system also incorporated influences from English common law.    

President Boko said it was therefore necessary to have effective and efficient processes and procedures in the reforms that the country wanted structured in a user friendly manner that would not enclose and entrap people in legal technicalities shutting out many from accessing justice.

He said there was need to remove bottlenecks within the legal system.

The President said it was important to localise treaties that the country signed  and incorporate them into domestic law. 

He said the domestic law should not conflict with international law citing conventions and treaties, noting that such limited  dispensing justice. ENDS