09 Feb 2026

Residents of Jwaneng have shared their concerns regarding the formation of a constitutional court, raising a fear that inmates on death row might contest their sentences as the government advocates for human rights.

Residents raised their concerns during a kgotla meeting addressed by the Minister of Labour and Home Affairs, Major General Pius Mokgware in Jwaneng recently.

Mr Ogolotse Motshegare inquired why the executions for those on death row have not yet occurred, insisting that the nation should maintain the death penalty.

He cautioned the government against the abolition of the death penalty, which he said was historically practiced, noting that in the past condemned individuals were disposed of in locations such as “Logaga la ga Kobokwe” in Molepolole and Pharing Gorge in Kanye.

Mr Motshegare said some of these inmates were cast into rivers to be devoured by crocodiles, while others fell prey to wild animals like lions in Nhabe. Mr Motshegare also expressed concern about lack of attention to cattle theft cases which had contributed to the current economic decline. 

“Today, with the outcry over Foot and Mouth Disease, cattle rustlers may increase the virus’s spread due to weak laws,” he remarked.

“We do not oppose the constitutional court, we simply request that the government enhance the health sector, which requires immediate attention,” stated a resident Mr Phenyo Tlhapi, further asserting that the establishment of the constitutional court can be postponed.

In his remarks, Mr Amos Jahana recognised that the constitutional court was crucial for constitutional review. He pointed out the existence of ethnic disparities, mentioning that some ethnic groups in Botswana faced marginalisation, and therefore ethnic security was vital. 

He also highlighted the significance of having an indigenous constitution instead of depending on an imported one.  Furthermore, Mr Jahana acknowledged that proposed court would enable Batswana to challenge violations of their rights with greater ease. He called on everyone to make use of their right to express their views during the review.

Residents additionally expressed concerns regarding employment matters.  Many voiced that companies hired by Debswana mine frequently brought in employees from their former operations, adding that such job opportunities should benefit residents of Jwaneng and surrounding areas.

In his opening remarks, Kgosi Segale Letshele of Jwaneng encouraged residents to pay attention to the national dialogue on the Constitutional Court. He pointed out that the nation has had two pre-existing courts: The High Court and the Court of Appeal (COA) as the highest judicial authorities.

He mentioned that while these courts have previously addressed legal issues, cases like that of Ms Unity Dow - which contested laws that favoured men and disadvantaged women in similar situations, demonstrated persistent discrimination.  

 “This legislation that she successfully challenged was deemed discriminatory,” he stated adding that the ConCourt would be better placed to assist those who did not have the means to challenge the law. BOPA