22 Jan 2026

Some Councillors in Kgatleng District are of the view that the Constitutional Court (ConCourt) must be established as a matter of urgency.
The move was taken following a vote splitting the house with 21 Councillors supporting the establishment of the ConCourt and the other 12 in disagreement.
Addressing councillors on the proposed establishment of the ConCourt on Tuesday, the Minister of Local Government and Traditional Affairs, Mr Ketlhalefile Motshegwa said the establishment of the court would offer a remedy to some challenges which the lower courts had been unable to fully attend to in the disbursement of justice.
Mr Motshegwa gave an example of the 2019 election result petitions by the Umbrella for Democratic Change (UDC) where the High Court dismissed the cases on the grounds that some were brought late, while the Court of Appeal said it did not have jurisdiction to hear appeals of such cases from the High Court.
Therefore, Mr Motshegwa said there was an urgent need to establish a specialised court to attend to cases that were not fully dealt with through mainstream courts.
Minister Motshegwa further said the UDC government was a pioneer of human rights, therefore the ConCourt would help adjudicate on human rights issues and create a platform to sharpen jurisprudence on human rights.
He added that marginalised groups would  have enhanced access to justice and the Constitutional Court would be a custodian of the supreme law as it nurtured democracy and the rule of law.
Mr Motshegwa said it was important for the establishment of ConCourt before the review of the Constitution as it gave certification to the Constitution. Councillor Mogorosi Ramokatane of Malolwane ward was against the establishment of the court and the urgency of government in setting it up.
Councillor Tshenolo Buisanyang of Rasesa South ward, was of the view that issues demanding urgency and of national interest were being compromised by the attention given to establishment of the ConCourt while councillor  Buisanyang said given the country’s current economic status, government did not have the financial muscle to cater for basic needs and other projects of national interest, therefore it was not necessary to prioritise the ConCourt.
On the contrary, Councillor Toko Malwetse of Makgophana ward urged fellow councillors not be worry much about service delivery as some dissenting voices alluded, assuring them that the establishment of the ConCourt would not in any way hinder service provision.
Mr Malwetse said it was unfortunate that it might be possible that some innocent people may have been punished for offences they never committed, therefore the ConCourt would offer a remedy by reviewing their cases with the view to arrive at an appropriate verdict.
Specially Elected Councillor, Tumelo Legase brought to light the importance of the court highlighting that what may not be a priority to them would be a priority to others who had endured injustice. Council Chairperson, Mr Thabo Komane said the ConcCourt issue had attracted public attention and therefore consultation on its establishment must be done properly.
Mr Komane appreciated what was currently being done to reach out to all stakeholders of the society, adding that the matter needed extensive consultation and public awareness. ENDS