29 Jan 2026

Some residents of Mogoditshane have expressed support for the proposed establishment of a Constitutional Court (ConCourt).

The residents shared their sentiments at a consultative kgotla meeting addressed by the Minister of International Relations, Dr Phenyo Butale on Tuesday. Dr Butale emphasised that dialogue was the cornerstone of Botswana’s democracy.

He noted that the culture of consultation extended beyond domestic affairs as it was also reflected in the country’s foreign policy, earning Botswana international recognition.

“As we reassess the national Constitution, we want to establish a court that will be directly responsible for addressing violations of rights as they arise,” said Dr Butale.

Dr Butale also reassured residents who were suspicious that the ConCourt will primarily focus on abolishing death penalty that the Court’s primary role will be to interpret the Constitution, safeguard fundamental human rights and expedite constitutional matters currently handled by the High Court.

He stressed that any law conflicting with constitutional principles will be set aside, underscoring the importance of vigilance in protecting constitutional supremacy.

Dr Butale described the ConCourt as long overdue, calling it a redeemer for citizens who have been unfairly treated and denied justice. He emphasised that the court would be accessible to all, regardless of financial status or the formality of their submissions.

“If your case involves a violation of human rights, you cannot be sidelined simply because you are poor or your documents are imperfect,” he said.

He also highlighted the need to strengthen traditional courts, warning that reliance on foreign legal systems such as Dutch law and common law sometimes undermined Botswana’s cultural heritage. 

One of the residents, Mr Pelonomi Molebatsi welcomed the initiative, even though noting that lack of clarity on communication from some public officers has fueled misunderstandings about the ConCourt, especially amid economic challenges.

While supportive of the ConCourt, Elizabeth Kenosi cautioned that adding another court could worsen existing case backlogs.

Ms Dineo Phatsima endorsed the proposal, indicating that government’s reasoning was genuine. Some residents were hoping that the ConCourt will among others help restoring property rights, particularly land, which they felt had been unjustly taken from them.

Member of Parliament for Mogoditshane East, Mr Letlhogonolo Barongwang, concurred with residents who were in support of establishing the ConCourt.

Mr Barongwang said he had long advocated for the establishment of the ConCourt, adding that the majority of the residents were in support of the proposed development.

Meanwhile some residents were challenging the timing of the proposal to establish ConCourt, urging government to focus on current pressing issues such as shortage of medicines in hospitals, poor road infrastructure and dilapidated public facilities. BOPA