16 Dec 2025

Citizens are entitled to participate in the public affairs, including the process of designing the country’s constitution, says Professor of Constitutional Theory, Justice Key Dingake.
Speaking at a public lecture hosted by the Botswana Council of Non-Governmental Organisations (BOCONGO) in Gaborone on Thursday, Prof Dingake said there was a need to strengthen the country’s democratic culture, embolden rights, evolve power relations, and reform public administration.
He emphasised the importance of dialogue among key stakeholders and citizens, describing what he termed ‘conversational constitutionalism’.
“The process must be inclusive, transparent, participatory and people-driven. In modern constitution-making, the process is as important as the content,” he said.
Prof Dingake added that the design of the constitution must engender national ownership by being participatory, inclusive, transparent and accountable. Such an approach, he said, enhanced legitimacy, educated the public on democratic governance, and built a shared political identity.
He noted that in the past, constitutions were often imposed by departing colonial authorities or political elites, a practice no longer considered appropriate. He pointed to international legal instruments such as the International Covenant on Civil and Political Rights, which affirm citizens’ right to participate in public affairs, including constitution-making.
“Public engagement can take many forms and may occur at different stages of the constitutional process,” he said.
Prof Dingake said Botswana could draw lessons from South Africa’s CODESA process, noting that Botswana’s review would take place many years later and should reflect its own history, values and circumstances.
In his remarks, BOCONGO board member, Mr Fredrick Kololo said the constitutional review process could not be left to any single institution. He said it required the participation, vigilance and wisdom of the nation, adding that BOCONGO and its partners had played a central role throughout the process.
“During the previous review attempt, we consistently advocated for a process grounded in transparency, participation and genuine public consultation,” he said.
Although that process did not yield the desired outcome, Mr Kololo said it strengthened their resolve and highlighted critical gaps that must be addressed. He added that an informed nation was an empowered nation, noting that civil education demystified the process and enabled Batswana to contribute from a place of knowledge.
He also said that a truly people-centred constitutional review must place citizens at the heart of the process, adding that democracy was strongest when citizens were active participants rather than passive observers. ENDS