20 Jan 2026

The existence of a Constitutional Court will not only help develop Botswana’s constitutional democratic system but will also strengthen or enhance the judicial process.
Presenting a strong case for the establishment of a Constitutional Court before a full council session in Serowe on Monday, Assistant Minister of Justice and Correctional Services Mr Augustine Nyatanga described the court as a specialised institution that interpret the nation’s constitution, ensuring laws and government actions align with fundamental principles, protecting human rights and upholding the rule of law.
Furthermore, he said the ongoing nationwide consultations spoke volumes on government’s commitment to embrace the ‘voice of the people’ and that the collective opinion of the majority held authority for issues pertaining to national interests.
To this end, Minister Nyatanga said there would be a referendum in the near future for the public to vote for or against the establishment of the Constitutional Court – an exercise that would determine whether Batswana want it or not.
He reiterated that government wanted the establishment of the Constitutional Court to deal with human rights issues, pointing everybody within the territory of Botswana should be free.
In addition, he said everybody in the country should be entitled to the fundamental rights and freedoms of the individual, including life, liberty, security, protection of the law and freedom of conscience, expression and assembly, regardless of race, place of origin, political opinions, colour, creed, or sex, hence the need to establish such a court.
“If we are not cognisant of people’s rights as the leadership, that might incite violence thus disturbing peace and threatening national security.”
He said the hierarchy of courts in Botswana was structured from the highest appellate authority, the Court of Appeal down to customary courts, adding the Court of Appeal was currently the highest in the country and is the final arbiter of all legal matters.
Therefore, he said there was a huge backlog of cases at the High Court, exceeding a thousand cases, thus necessitating the move to establish a Constitutional Court that would expedite the disposal of cases revolving around human rights.
He said the High Court had unlimited jurisdiction and therefore establishing a Constitutional Court would accord the country the opportunity to adequately deal with burning issues within a short space of time.
However, commenting on the Constitutional Court establishment, some councillors expressed divergent views, with most councillors giving its proposed introduction a thumbs up.
Councillor Kebakgale Kutuso of Kgosing ward wondered where government would get the money to fund the establishment of the court in an ailing economy.
Mr Kutuso said challenges in the health and education sectors were more pressing hence government should instead be channelling money towards the procurement of medicines and the renovation of dilapidated school infrastructure.
He was of the view that paying judges was expensive and thus implored government to prioritise needs, arguing there were more pressing issues than the Constitutional Court.
Councillor Nametso Senku of Mabeleapodi said the Constitutional Court was a good initiative but that its timing was off as there were more pressing issues at the moment that required attention.
He said considering the budgetary constraints, this was not the appropriate time to establish the Constitutional Court. ENDS