24 Feb 2026

Gaborone City councillors have welcomed government plans to establish a Constitutional Court, saying the move will strengthen protection of human rights and improve access to justice in Botswana.

Speaking during a council meeting addressed by Minister for State President, Defence and Security, Mr Moeti Mohwasa on Monday, councillors said the proposed court would help safeguard the rights of vulnerable and marginalised groups.

Nominated Councillor, Ms Katlego Morolong said the proposed court would provide protection of rights and strengthen checks and balances within the governance system.

She noted that about 85 countries across five continents, including Zambia, had Constitutional Courts.

“That shows that we are treading the right path and are a progressive nation. We should not depart from this path,” she said.

Councillor for Marulamantsi Ward in Bonnington South Constituency, Mr Sergeant Kgosietsile, welcomed ConCourt establishment, saying the move would help safeguard second and third generation human rights and contributed to a progressive constitutional order.

He therefore urged citizens to support its establishment in the interest of justice and national development.

Kgosi Arnold Somolekae of Gaborone West Customary Court and an ex-officio member of the council also endorsed the establishment of the Constitutional Court, saying it would handle specialised constitutional matters, including cases that might not be heard by the Court of Appeal.

He said the court would help ensure access to human rights protection, especially for vulnerable citizens, adding that specialised courts were necessary because the High Court of Botswana already handled both civil and criminal matters, often resulting in backlogs.

Kgosi Somolekae cited the landmark housing rights case in South Africa, Government of the Republic of South Africa vs Grootboom (2000), which compelled the state to provide housing for vulnerable communities.

He also reassured residents that the Constitutional Court would not automatically abolish the death penalty, explaining that the court would instead assess cases based on constitutional principles and individual circumstances.

“Justice delayed is justice denied. Constitutional matters that are delayed amount to justice denied,” he said, adding that the court would be established through an Act of Parliament specifying how judges would be appointed.

However, Phakalane Ward councillor, Mr Kaisara Sejoe, opposed the proposal, arguing that the minister had not clearly identified gaps within the judiciary that justified the creation of a new court

He also questioned whether proper constitutional amendment procedures had been followed, saying broader grassroots consultation through the kgotla system was necessary.

Mr Sejoe further raised concerns about the appointment of judges, arguing that vesting such powers in the sitting President could undermine judicial independence.

Addressing councillors, Minister Mohwasa said government intended to protect every citizen’s right to life and dignity through the proposed court.

He revealed that following the All-Party Conference of July 4, 2025, government published a notice in the Botswana Gazette regarding the Constitutional Court proposal.

The minister said the Ntlo ya Dikgosi had not rejected the proposal but recommended amendments to some clauses, prompting further consultations, which could take time to conclude.

He noted that constitutional amendments were not new in Botswana and said the proposed court would help restore dignity, improve livelihoods, provide refuge for individuals who lost cases on technicalities, and guide future law reforms.

He added that specialised judicial bodies already existed, such as the Land Tribunal and Industrial Court, and emphasised that the Constitutional Court would similarly focus on constitutional matters while expanding access to justice for ordinary citizens. BOPA