19 Feb 2026

As the debate for and against the establishment of a Constitutional Court rages on, Tonota residents are split on the direction that Botswana should follow in the matter.

Residents are torn between what should precede the other between establishing the court and reviewing the Constitution.

A resident, Mr Ratshimo Ramahobo, says the establishment of the Constitutional Court must first be enshrined in the Constitution itself.

Speaking at a kgotla meeting addressed by the Assistant Minister of Justice and Correctional Services, Mr Augustine Nyatanga on Tuesday, Mr Ramahobo argued that a provision must clearly state that a Constitutional Court would be created, otherwise it risked being deemed unconstitutional.

“I'm not opposed to the Constitutional Court. My stance is that we should review the Constitution first,” he said.

“The constitution, in its current form, specifies the existence of a High Court, and my view is that there should be a provision in it that similarly provides for the existence of the Constitutional Court. If we establish a Constitutional Court without such mention, it would be an unconstitutional Constitutional Court,” remarked Mr Ramahobo.

Mr Reuben Motswakae, another resident, expressed his support for the establishment of the court, deeming it long overdue. 

He pointed out that this apex court would act as a referee in case challenges arose regarding the impending constitutional review.

“The Botswana Constitution was drafted before independence and has historically invaded upon human rights for individuals and communities alike. It merely acknowledged eight principal tribes in Botswana,” he noted.

Accordingly, Mr Motswakae underscored the necessity of a Constitutional Court to address disparities and challenges stemming from the Constitution to protect human rights.

Similarly, Messrs Oteng Thokoeng and Charlie Obotseng echoed the same sentiments.

Mr Thokoeng stated that it was crucial to establish the Constitutional Court prior to undertaking any constitutional review as it would act as a referee for the process, while Mr Obotseng mentioned its role in safeguarding the rights of the minority.

Ms Seipone Radipitse also highlighted the need for a Constitutional Court and observed that it would protect those who have been marginalised, citing instances of unfair treatment towards groups like widows.

She said widows often struggled with legal matters, which usually dragged on for extended periods before the courts, expressing hope that the Constitutional Court would provide speedy redress in such situations and spare them from undergoing undue suffering.

Former National Assembly deputy speaker and former MP for Tonota, Mr Pono Moatlhodi, argued that government should set aside this significant initiative to prioritise the resuscitation of the healthcare sector instead.

He suggested that the P275 million allocated for the associated referendum could be better spent on purchasing medication and addressing other essential needs of the healthcare sector.

Mr Motshambisa Seganabeng shared similar views, asserting that while a Constitutional Court was beneficial, now was not the appropriate time for its establishment.

He thus urged government to reassess priorities to determine what should come first.

A youthful resident, Mr Omphile Kgokong raised concerns about the rapid push for setting up a Constitutional Court at a time when the country was faced with serious financial limitations.

Mr Kgokong stressed that unemployment had severely impacted the youth and therefore implored government to prioritise job creation over establishing what he considered the non-urgent Constitutional Court.

Responding to the residents, Assistant Minister Nyatanga said the input of Batswana would be taken into consideration.

Mr Nyatanga had earlier told residents that the Constitution of Botswana was drafted a long time ago and needed to be reviewed, hence it was important to establish the Constitutional Court. ENDS