03 Feb 2026

Councillors in Mogoditshane-Thamaga District have welcomed the proposed establishment of a Constitutional Court (ConCourt), describing it as long overdue and a necessary step in strengthening Botswana’s democracy.
The views were shared during a special consultative council meeting addressed by the Minister of Justice and Correctional Services, Mr Nelson Ramaotwana recently.
The meeting formed part of nationwide consultations on the possible establishment of an apex court.
Some Councillors said ConCourt would play a crucial role in addressing long-standing land disputes, concerns over land ownership and rights, which they noted remained a persistent issue among Batswana.
Councillors argued that a dedicated ConCourt would help tackle inequalities, particularly those linked to land distribution and interpretation of Constitutional provisions affecting different tribes.
They further stressed the need for Botswana’s Constitution to be more reflective of indigenous realities, moving away from a colonial-era framework and developing a Constitution written ‘by Batswana, for Batswana’.
Furthermore, councillors agreed that ConCourt would be instrumental in closing legal gaps and providing clarity in future, on comprehensive review of the Constitution, especially on sensitive tribal matters.
Councillor Mokgatla Pule of Diremogolo Ward reminded fellow councillors that the Umbrella for Democratic Change-led government had in its campaign strategy promised the establishment of Constitutional Court.
Therefore, he said government should not shy away from implementing promises, as the people have endorsed them by giving them an opportunity to govern the country.
He also cautioned those opposing the move on the basis of the ongoing health crisis and other national challenges, saying the court’s establishment would be a process rather than an immediate roll-out and would not be, by any chance stall government focus on other social amenities.
Cllr Pule added that health crisis and other pressing national matters were already being handled by relevant ministries.
Councillor Simon Moipolai of Ledumadumane South supported the proposal, saying a ConCourt would strengthen the protection of citizens’ rights.
He said the move aligned with what he described as the UDC government’s human rights-centred approach to governance.
However, not all councillors were fully convinced and in support of the ConCourt proposal.
Cllr Ofentse Ditshuge of Tsolamosese East said while he agreed in principle with the envisaged introduction of the ConCourt, the timing was not right.
He argued that many Batswana were more concerned about urgent challenges such as addressing health and education crises and rising unemployment.
Similarly, Cllr Moreetsi Monareng of Lesirane Ward said the current economic climate was not conducive to establishing a new court.
He suggested that the move could be reconsidered when the country’s economic situation improves and sufficient resources available.
Responding to the Cllrs contributions, Minister Ramaotwana assured them that while the ConCourt was a priority for his ministry, it was not being placed above other national priorities.
He explained that each ministry was responsible for its own mandate, adding that issues such as health and education were being addressed by the respective ministries.
The minister revealed that establishment of the ConCourt was budgeted for under National Development Plan 12 (NDP 12) and that funding provisions were in place.
Mr Ramaotwana also announced that a national referendum on the matter was planned for the 2026/27 financial year.
“The goal is to implement a more human rights-based justice system,” he said, adding that the court will help clear Constitutional case backlogs, improve efficiency in Constitutional interpretation and allow for expert input from various fields in delivering judgments. ENDS