03 Mar 2026

Residents of Mabalane and Bokaa have expressed mixed reactions to government’s proposal to establish a Constitutional Court (ConCourt), with some welcoming the move while others questioned its timing, motives and cost.

Speaking during kgotla meetings addressed by Minister of Justice and Correctional Services, Mr Nelson Ramaotwana on Friday, several speakers argued that a comprehensive constitutional review should precede the establishment of the court. 

Mr Koti Molefi of Mabalane said while Batswana were not opposed to the Constitutional Court in principle, they believed the Constitution should first be thoroughly reviewed.

“If Constitutional Court is established first and makes certain rulings, those decisions will set precedents on the Constitution,” he said.

Another resident, Mr Godfrey Lekgabe raised concerns that the court could be used to abolish the death penalty and protect convicted murderers. 

Ms Kgomotso Radibe, also from Mabalane, expressed appreciation for the minister’s engagement with residents, saying the explanations had helped them better understand the role and importance of the proposed court.

In Bokaa, some residents expressed concerns about the timing and cost of the nationwide consultations. 

One resident, Ms Motshidisi Mogotsi, questioned the need for physical kgotla meetings which she said was a very expensive exercise.

Others voiced fears that the President’s powers to appoint judges could compromise the court’s independence.

They said they suspected that the judges would pledge allegiance to the President and not to the nation, which would compromise their work. They thus pleaded for the court to operate independently.

However, not all were opposed to the initiative. Mr Peter Tau supported the idea in principle, describing the Constitutional Court as a potential “referee” in critical national matters. 

He urged government to intensify public education on the Constitution so that citizens could better understand its provisions and implications.

Several residents called for broader civic education before the court was fully implemented. 

Others appealed to government to halt the process and instead focus on a comprehensive constitutional review.

Some participants also cited examples from other African countries where constitutional courts exist but alleged human rights violations persisted, arguing that the establishment of such a court did not automatically guarantee improved human rights protection.

Conversely, other residents welcomed the development, noting that many citizens have experienced human rights violations without adequate avenues for appeal. They said the Constitutional Court could provide an additional platform for justice, especially for individuals who believed they were wrongly convicted.

Addressing the gatherings, Minister Ramaotwana explained that the establishment of the Constitutional Court required an amendment of Chapter 6 of the Constitution to formally incorporate it into the hierarchy of the courts.

He said the amendment would enable the court to focus specifically on matters relating to fundamental human rights and constitutional interpretation.

“The Constitutional Court will be an independent arbiter on constitutional issues and will play an important role during the broader constitutional review process,” he said.

Mr Ramaotwana clarified that unlike the High Court and the Court of Appeal, which were courts of general jurisdiction dealing with criminal and civil matters, the Constitutional Court would be a specialised court dedicated to constitutional issues.

He added that the court would help address existing gaps and limitations within the justice system, allowing citizens to bring constitutional matters directly before it rather than waiting in case backlogs that could take three to four years to be resolved.

The minister assured residents that the Constitutional Court would not be established immediately, noting that all legal processes, including a national referendum must first be completed before it could become operational. ENDS