09 Feb 2026

The establishment of Constitutional Court as a human rights specialised body will help address challenges and gaps faced by marginalised groups in the country.

Assistant Minister of Local Government and Traditional Affairs Mr Ignatius Moswaane said this during Constitutional Court consultations in Gumare on Tuesday. 

Mr Moswaane observed that some marginalised tribal groups such as Wayeyi, who have advocated and successfully won some court cases for recognition as a tribe, still faced limitations regardless of court orders in their possession. He therefore said a Constitutional Court was the answer to their challenges where such injustices would be fairly judged.

The assistant minister said government was still committed to do a comprehensive constitutional review, but establishing a Constitutional Court prior was advantageous to Batswana since they would have a platform to take any grievances pertaining to failure to implement recommendations from the constitutional review once the exercise was completed.

Mr Moswaane said as an independent court, the Constitutional Court was a platform for members of the public to challenge government whenever they felt they were being unduly treated.

When commenting, Nokaneng tribal leader Kgosi Kebonyetsala Fish said the Wayeyi and their advocacy body the Kamanakao Association rallied behind the Constitutional Court as a matter of urgency.

Kgosi Fish emphasised that the Wayeyi had been lobbying for recognition as a tribe years before independence and had challenged the status quo before the courts of law from as early as the 1920s in the neighbouring South Africa before Botswana had magistrates courts.

Kgosi Fish said post-independence the Wayeyi had successfully won some cases at the High Courts but the outcomes were partially implemented, citing recognition as a tribe which however did not entail being included in the Constitution.

A resident of Jao, Mr Agobakwe Sarefo said he too supported the introduction of the Constitutional Court with the hope that it would solve the long-standing issues of the recognition of marginalised groups across the country.

Mr Sarefo said the nation should consider the benefits of the Constitutional Court over political differences.

Gumare resident, Ms Saywa Mmusi said their initial expectation was for government to do a comprehensive constitutional review first.

Another Gumare resident, Mr Kelebogile Samokwena suggested that government should do a comprehensive constitutional review first prior to establishing a Constitutional Court. BOPA