21 Jan 2026

While some councillors supported and underscored the need for the establishment of the constitutional court, other councillors expressed their opposition to the envisaged development, arguing that such a move was not a priority under the prevailing dire financial constraints communicated by the government.
Those opposed to the establishment of the constitutional court argued that in the midst of ailing basic human needs, the constitutional court, although necessary, was not urgent.
Bobirwa District Council (BDC) chairman, Mr Gaosikelwe who found the constitution to be a bearer of the soul, history and ways of Batswana under a democratic dispensation, cautioned that all the reviews and amendments should be approached with thorough care and with extensive consultations.
 He said that grievances by councillors were anchored on the approach the government adopted regarding the constitutional court establishment and constitutional review processes.
“We are not against the broader constitutional review, but the manner in which it is conducted has the ability to dent Botswana’s democratic credentials,” said Mr Gaosikelwe adding that councillors were concerned chiefly about the ‘piecemeal approach’ towards constitutional review.
“The government has promised a comprehensive constitutional review, not what is currently obtaining,” he said, adding that councillors were of the view that the review of the constitution should be people-led.
Another councillor who spoke against the establishment of the constitutional court was Mr Jewit Tshetlhana, who argued that although it sounded enticing, the ‘top-down approach’ on the matter was suspicious.
“The bill sounds perfect and carefully crafted like a move of a slick man weaving his way to a woman. He would carefully choose his diction so as to appeal to the woman, although his intentions may not align with his words,” said Councilor Tshetlhana.
Mr Tshetlhana argued that although he was yet to lay his hands on the Dibotelo Commission report, he thought it was a good starting point and a perfect tool for reference in determining what is to be repealed or not in the constitution. He pointed an accusing finger at government, saying it had now shifted ‘goalposts’ and was now heavily inclined towards the establishment of the constitutional court over the comprehensive review of the constitution.
However, Councillor Mpedzeni Sam-Bandawe advocated the need to set up the constitutional court.
He said that as the apex court, the constitutional court would be the final arbiter that would bear the powers to initiate and preside over constitutional matters to correct any anomaly.
“I long heard about the need for the constitutional court back in 2008 while the Law Society of Botswana advocated for it,” said Mr Sam-Bandawe.
Mr Sam-Bandawe also clarified that the constitutional court would become a necessity when the validity of an act or constitutional provision was questioned or silent.
“We will need the constitutional court to intervene where an act or constitutional provision is silent,” he said arguing further that the ConCourt will also boast a more specialized and dedicated interpretation of human rights.
While responding to the councillors’ contributions, Minister Mohwasa explained that legislation was a function of parliament, and therefore councillors were not empowered to reject the bill that passed through parliament.
However, Minister Mohwasa informed councillors that they still stood a chance to express their views through a referendum that would follow.
 Bills were brought to Parliament via private members or the government, he told them.
Mr Mohwasa also informed councillors, against their complaint of lack of consultations, that the notice was placed in the government gazette on July 4, 2025, which allowed them ample time to consult on the matter.
Additionally, Minister Mohwasa, relayed that the government had engaged all the parties through an All Parties Conference at Boipuso Hall, where all parties were represented.  
He therefore emphasised the need to establish the constitutional court ahead of the comprehensive constitutional review, saying the panel of judges of the court would then sit and look into the reviewed constitution and contribute their views.  
He argued that like the Industrial Court, which specialised in trade disputes, the constitutional court would alleviate workload on other courts which, hitherto, were seized with constitutional matters. ENDS