16 Feb 2026

The Minister of Local Government and Traditional Affairs, Mr Ketlhalefile Motshegwa says the establishment of a Constitutional Court would not abolish the death penalty.

Speakig during a kgotla meeting in Mmadinare recently, Mr Motshegwa emphasised protections afforded by existing laws and affirmed that the court lacked authority to eliminate the death penalty from the legal framework.

Furthermore, he explained that the current constitutional provisions explicitly protected the death penalty, which remained a legal form of punishment for heinous crimes.

“There is a legal framework that supports the existence of the death penalty within our judicial system. The proposed Constitutional Court will not abolish the death penalty, as it is already entrenched in the Constitution,” he said. He recognised the range of opinions concerning the death penalty and the creation of the Constitutional Court.

Minister Motshegwa emphasised that any changes to the laws regarding capital punishment would need a thorough legal process that involved discussions in Parliament and input from the public, rather than being decided unilaterally by the judiciary.

Meanwhile, a resident, Mr Goitsemang Mokwaledi, expressed skepticism about the Constitutional Court as a solution to the country’s urgent challenges, warning it could lead to increased financial strain.

Mr Mokwaledi said he feared that the court might abolish the death penalty and in that case, it might encourage people to commit heinous crimes, knowing they could walk free.

In addition, he also raised concerns about how some perpetrators were protected, saying gaps within some of the existing laws should be addressed.

Another resident, Mr Tokisi Kebalepile noted that neighbouring countries with operational Constitutional Courts still faced instability and human rights issues, highlighting the need to benchmark against those countries.

 Mr Kebalepile remarked that while establishing the Constitutional Court seemed promising, necessary and safety measures should also be in place to prevent it from benefiting only a few select and exploitation for personal gain. ENDS