04 Feb 2026

Letlhakeng district Councillors have expressed their backing for the establishment of the Constitutional Court.
They endorsed the creation of the court during a consultation meeting held recently, addressed by the Minister of Justice and Correctional Services, Mr Nelson Ramaotwana.
Minister Ramaotwana informed the council that the first step in setting up the Constitutional Court as the nation’s highest court was to amend Chapter 6 of the constitution to officially recognise it as the Supreme Court.
He also discussed consequential amendments to the constitution, including a related amendment to Chapter 2. He emphasised that establishing the Constitutional Court as Botswana’s highest court was crucial as it would safeguard human rights and interpret the constitution.
He said the Constitutional Court was a specialised or exclusive jurisdiction over constitutional and human rights matters, unlike the High Court and Court of Appeal, which have general jurisdiction.
The Constitutional Court, he said, would prevent abuse of power by Parliament and ensure that Parliament did not undermine the constitution or human rights, providing necessary checks and balances.
He noted that the Constitutional Court could challenge laws before they were enacted, even at the bill stage, if it felt they violated the constitution or human rights, rather than waiting until after they became law. He also stated that the court would play a key role in providing checks and balances during the planned comprehensive constitutional review.
Mr Ramaotwana said the proposed Constitutional Court would also handle cases related to election petitions and property rights, which would require further constitutional amendments. He assured that any constitutional changes would be made through a referendum.
The minister noted that Constitutional Court would be court of first instance on matter within its jurisdiction and would hold final appellate jurisdiction on such matters.
He emphasised that the Constitutional Court would protect everyone, including the less privileged, marginalised groups, and those facing discrimination. Mr Ramaotwana stated that if the government failed to enforce human rights, the Constitutional Court would compel it to do so.
In addition, he said during the establishment of the Constitutional Court, a deputy chief Justice position would be introduced.
Making an input to the presentation, Letlhakeng councillors expressed their support for the establishment of the court, emphasising that it would protect fundamental human rights and ensure that their tribe, the Bakgalagadi, was recognised by the constitution.
They stressed that the Constitutional Court would prevent any tribe in Botswana from being disenfranchised and ensure equal recognition for all tribes.
Councillor for Sesung-Metsibotlhoko, Mr Tshokodiso Raselepe stated that the creation of the Constitutional Court would provide the Bakgalagadi tribe with an opportunity to guarantee their constitutional recognition and prevent disenfranchisement.
Mr Raselepe mentioned that if the constitution failed to recognise them, they would turn to the Constitutional Court to defend their rights.
Councillor for Maboane, Mr Nthusang Gabaoage, welcomed the establishment of the Constitutional Court, saying it would bring the Bakgalagadi tribe’s recognition in the constitution and promote equality among all tribes in Botswana.
He added that during any comprehensive constitutional review, they would have the opportunity to approach the court if they felt there were irregularities or if they were being disenfranchised.
Councillor Osupile Metseebapile of Khudumelapye, who believes the time is right to establish the Constitutional Court, suggested that consultations should include all Batswana from all areas, not just the main villages. He expressed hope that the court would help resolve election disputes promptly.
He also urged that the process of establishing the court should not be delayed to pave way for a comprehensive constitutional review. Councillor for Ditshegwane, Mr Tshabahule Kgotlhang said the establishment of the Constitutional Court was long overdue and necessary to address human rights issues and prevent marginalisation.
The Deputy Council Chairperson and Councillor for Takatokwane, Mr Johane Gaosafelwe expressed optimism that the Constitutional Court would improve the turnaround time for cases, avoiding the years-long delays currently experienced. ENDS