05 Feb 2026

The Constitutional Amendment Bill of 2025 makes provision for the position of Deputy Chief Justice, which is currently not available in the Botswana justice system.
The Minister of Justice and Correctional Services, Mr Nelson Ramaotwana revealed during a consultation meeting with Good Hope District councillors recently on the establishment of Constitutional Court.
He noted that the Bill sought to create an independent apex judicial body, to strengthen democratic ethos, protect human rights and expedite the backlog on constitutional matters.
He said under the Bill, some clauses in the constitution would be amended to include the position of Deputy Chief Justice as currently there is no deputy.
This, he said, was the norm in the judiciaries across all Southern African Development Community member states as well as Commonwealth countries.
He underscored that when Parliament passes the Constitutional Amendment Bill of 2025, all judicial authority shall be vested in the courts.
In addition, Minister Ramaotwana informed councillors that the Chief Justice shall be the head of the judiciary and shall sit at the Constitutional Court, and that the new amendment would stipulate clearly, the Chief Justice as the head of the judiciary.  Currently the constitution does not explicitly indicate that.
He emphasised that the Constitutional Court shall be a supreme court and its decision shall bind all other courts, as it would secure enforcement of rights as an oversight body for human rights.
Also, he said, the Constitutional Court was designed to interpret and decide on constitutional matters and would uphold Batswana traditional norms and values, contrary to the notion that it would introduce some foreign cultural elements.
Meanwhile, the majority of Good Hope councillors, 14 out of 21 voted in support of the establishment of the Constitutional Court.
However, they wanted its establishment to be slightly delayed with shift toward boosting economic growth and infrastructure development as well as employment creation.
They also called for more public education as well as stakeholder engagement to enlighten the people.
Meanwhile, Mabule/Sekhutlane councillor, Mr Orebotse Ramokgajane said Concourt was long overdue as there had been cases in the past in which the High Court and the Court of Appeal were limited to pass a judgement on.
Furthermore, he called for the public to approach the matter with levelheadedness and away from politics.
He thus called for further public education and more stakeholder engagement to enlighten people.
Mokgomane/ Magoriapitse councillor, Mr Israel Mosala buttressed the need for the court to be established, citing previous human rights violation cases lodged by Roy Sesana and others as well as the late Pitseng Gaoberekwe whose human rights were violated.
For his part, Tshidilamolomo/Dikhukhung councillor, Mr Aaron Mahophe acknowledged the development as an advancement of the judiciary system, adding that neighbouring SADC member states had the constitutional courts.
Meanwhile, Good Hope North East councilor, Mr Kelebogile Mangole said while the establishment of Constitutional Court was important, it should not be prioritised now as there were other pressing matters that needed to be prioritised.
Pitsane East councillor, Mr Collen Kamodi expressed fear that the establishment of the Constitutional Court could abolish capital punishment enshrined in the constitution, as it has previously happened in South Africa.
“This is not the right time to establish Constitutional Court, we have a serious economic situation which we must deal with now.
Let us amend the constitution first before interpretation of the constitution is done,” said Metlojane councillor Mr Lucky Kgengwenyane.
 “The Constitutional Court is important. It must be established but not now, we need employment creation, lets deal with challenges that we are currently faced with such as solving the health situation,” added Rakhuna/Tlhareseleele councillor Mr Kgotlaetsile makgetha. ENDS