22 Jan 2026

At the height of consultations on the establishment of the constitutional court, dubbed a key reform intended to enhance constitutionalism among other things, the Member of Parliament for Bobirwa differed significantly with the Assistant Minister of Local Government and Traditional Affairs over the order of review.
While Mr Ignatius Moswaane argued that it was imperative to carry out a constitutional amendment with the view of establishing a Constitutional Court, which he says would be a launchpad towards a comprehensive constitutional review, Mr Taolo Lucas hold that the latter should obtain in order to provide for the constitutional court in the new constitution.
Speaking during a consultative meeting in Bobonong on Tuesday, Assistant Minister Moswaane told residents that t government needed to establish the Constitutional Court before a holistic review of the constitution.
The ConCourt, he said, would address constitutional matters in the interim while the comprehensive constitutional review was underway.
He argued that the review process may take long, and therefore there was a need for the establishment of the ConCourt to address specialised constitutional matters.
“If we conduct a constitutional review before the establishment of the constitutional court, it means whatever constitutional matter we have in the interim will be resolved through the cabinet, which will then engage the ruling party before subjecting the matter to a vote in Parliament,” Mr Moswaane said and warned that voting in Parliament was done along party lines.
He warned that without the Constitutional Court, constitutional matters would continue to be resolved through the cabinet which might not be as objective and informed as would be the case if addressed via the concourt.
“I have indicated that many ethnic groups and individuals continue to suffer due to constitutional matters and therefore we cannot prolong their plight by waiting for the long-drawn-out constitutional review… some people need the intervention of the constitutional court as soon as yesterday,” Mr Moswaane underscored.
Mr Moswaane also clarified that, when in operation, the constitutional court would be above the president, contrary to fears that the President would interfere with its processes.
He said that as a final arbiter on constitutional matters, the court’s findings and decisions would be final and binding.
The Francistown West legislator further clarified that conducting a comprehensive constitutional review without a Constitutional Court would result in the final document being handed over to the cabinet, which would then take it to Parliament, where voting was usually partisan.
Also, Mr Moswaane argued that the Constitutional Court would ensure that the constitutional review process was in order.
However, area MP, Mr Lucas dismissed the urgency of the establishment of the constitutional court.
“You cannot separate the constitutional court and constitutional review. These two are about the constitution and one begets the other,” argued the Bobirwa lawmaker who said that holistic constitutional review was superior to the Constitutional Court in terms of urgency.
The comprehensive review of the constitution will beget the constitutional court, the piecemeal approach should cease, he stated further.
“We changed government in 2024 and handed power to UDC and now the expectation is that the tradition of amending the constitution by a piecemeal approach will end as promised,” said MP Lucas.
Mr Lucas questioned the urgency behind the establishment of the Constitutional Court ahead of the comprehensive review of the constitution.
He argued that the establishment of the ConCourt ahead of the comprehensive review of the constitution meant that the court would then interpret the current constitution, which is deemed lacking in many facets.
“This is the same constitution that bestows unlimited powers on the President and denies Batswana an opportunity to vote for their president,” Mr Lucas contended.
He said that without a holistically reviewed constitution, the President remained with unlimited powers, something he said would not be resolved by the establishment of the ConCourt. ENDS