24 Mar 2026

Judges play a significant role in shaping the law, says the Minister of Justice and Correctional Services, Mr Nelson Ramaotwana.

Addressing a kgotla meeting in Chadibe and Borolong villages recently on the government’s wish to introduce the Constitutional Court, Mr Ramaotwana told residents that judges were lawmakers in their own right.

‘’Judges can strike down laws deemed unconstitutional or interpret specific provisions, effectively making law,’’ he said.

He underscored that the envisaged court, with specialised judges, would focus on constitutional and human rights issues.

“The government plans to introduce the Constitutional Court before undertaking a comprehensive constitutional review, allowing the court to guide the process,” he said. 

Minister Ramaotwana cited Kenya’s approach as a benchmark, where an independent Constitutional Court had been established to address similar issues. He also clarified that the government was not rushing to introduce the concourt, pointing out that the court was not even budgeted for in the 2026/2027 financial year. 

He outlined a phased approach that would include consultations, a national referendum, and potential establishment in the 2027/2028 financial year if funds permit. The minister dismissed insinuations that by establishing the ConCourt, the government was moving towards the abolition of capital punishment.

He reminded them that the decision to establish a concourt was first mulled as far back as 1996 by the Justice Aguda Commission and in 2022 by the Dibotelo Commission and was a formidable part of the UDC manifesto.

Residents in Chadibe and Borolong had mixed reactions, with some objecting due to financial constraints and others rooting for the setting of the same.

A resident of Chadibe village, Mr Otsile Mokobela said the establishment of the constitutional court would be a luxury that the country could not afford, looking at the current financial crisis.  Mr Peter Marobela, also from Chadibe argued that the court was highly needed. ENDS