22 Jan 2026

The proposed establishment of a constitutional court has elicited mixed reactions from the public, with some questioning the timing and motive behind the move.
President Advocate Duma Boko has stated that the court would address existing challenges in the country’s legal framework.
However, councillors in Francistown have expressed concerns that the move might be linked to government’s intention to abolish the death penalty or extend its term of office.
Mophane Ward councillor, Thambo Nyambe, said, “I am not against the establishment of the court, but what is the rush?” He raised concerns during a special full council meeting addressed by Minister for State President, Defence and Security, Moeti Mohwasa.
Donga Ward councillor, Moagi Koketso, echoed similar concerns, stating that introducing the constitutional court would be a costly undertaking for government.  
Itekeng Ward councillor, Lesego Kwambala, said Batswana are not ready for this court, citing the need for more education on the constitution. “We should not copy the product, but also the process,” he said, referencing South Africa’s experience.
However, Monarch Central Ward councillor, Dorcus Moemedi, welcomed the proposal, highlighting its potential to protect human rights, especially for women. Specially elected councillor, Tshepo Madeluka, likened the court to a referee, ensuring government’s actions align with the constitution.
In Jwaneng, where Minister of Justice and Correctional Services, Mr Nelson Ramaotwana addressed councillors during a full council meeting , Kehumile Moekejo, reports that councillors supported the establishment of the constitutional court, with Ngami Ward councillor, Bankinyana Montsiemang, calling it a key step towards legislative reforms and improved service delivery.
“This is a welcome development and I urge the government to continue amending other laws and policies for effective service delivery,” he said.
Teemane Ward councilor, Mr Warren Kewagamang called for intensive public education on the matter, saying even though the Constitutional Amendment Bill of 2025 came at the right time, there was need to keep people informed to demystify confusion.
Raphalane Ward councilor, Mr Lebogang Peloyamotho questioned the urgency of the bill, when government’s focus should be on more pressing issues such as the deteriorating health sector and unemployment rate. He also said the establishment of the constitutional court and associated processes would dent the already ailing economy.
In Matshelagabedi, Kelebogile Taolo, reports that though some residents acknowledged the importance of setting up the constitutional court, they did not deem it urgent.
Responding to the Minister of Labour and Home Affairs, Major General Pius Mokgware in a kgotla meeting on Tuesday, Mr Tobakane Chengeta said, “Let’s set our priorities straight, we already have problems in our hospital which needs to be attended to, we need the constitutional court but it can come at a later stage,” he said.
Another resident, Mr Moagi Mothaope, said that the consultation of the constitutional court should be done by dikgosi alongside law experts.
“The community is led by dikgosi and it will be appropriate for them to consult on this matter. Dikgosi understand the community well and they will be in a better position to make this matter easier for the community,” said Mr Mothaope.
Ms Clara Chabata said the constitutional court had its good and bad, noting that the nation should be consulted accordingly, in order to get the full understanding of what the constitutional court meant.
“Thorough consultations should be done, let it be village to village not district, even other leaders including social workers, health workers and police should be trained and involved in these consultations to share their insights,”she said.
As Botswana grapples with pressing development needs, residents argued that establishing a constitutional court was not a priority. ENDS