23 Jul 2026

Many Batswana say there is a need for intensified public education on the proposed establishment of a Constitutional Court (ConCourt).

Participants at a Constitutional Court panel discussion held in Letlhakane on Thursday generally welcomed the proposal but questioned its timing, arguing that the country’s current economic challenges should take precedence.

Speaking during the discussion, Mr Bona Machinya said government should listen to public concerns, stressing that many people were not opposed to the establishment of the Constitutional Court but were concerned about whether it was the right time.

He questioned whether Botswana faced a crisis or backlog of constitutional cases requiring the urgent establishment of a specialised court. He suggested that, for now, existing court structures and legislation could be strengthened to deal more effectively with constitutional matters.

Another participant, Mr Kelesamile Raki, said constitutional reform should be approached holistically rather than through a piecemeal approach, arguing that the latter would be costly for government.

Given the country’s economic challenges, he said establishing a Constitutional Court would place an additional financial burden on the state.

Mr Joshua Nkarabang shared similar views, saying a comprehensive constitutional review should take precedence, with the necessary amendments made before establishing the Constitutional Court.

He also questioned whether a Constitutional Court would have the authority to declare the Constitution unconstitutional.

Mr Nkarabang further emphasised the need for extensive public education to help citizens understand the difference between the Constitution and the Constitutional Court.

He said the project appeared rushed and suggested that existing laws be reviewed to better address violations of citizens’ constitutional rights.

Closing the discussion, Boteti East Member of Parliament, Mr Keoagile Atamelang, acknowledged public concerns about government’s priorities but said the Umbrella for Democratic Change (UDC) remained committed to implementing commitments contained in its election manifesto.

He underscored the importance of establishing a Constitutional Court, noting that there had been instances where government was found to have violated citizens’ constitutional rights.

Mr Atamelang said Boteti was among the areas most affected by constitutional issues, particularly those relating to land and tribal matters.

He argued that reviewing the Constitution could be a lengthy process and that delaying the establishment of the Constitutional Court could result in constitutional cases remaining unresolved.

Mr Atamelang, who is also Assistant Minister of Transport and Infrastructure, said the panel discussion formed part of government’s public education campaign on the proposed court.

As Botswana prepares for a referendum on the establishment of the Constitutional Court, he said it was important for citizens to understand both the advantages and disadvantages of the proposal.

He said government would continue engaging experts to educate the public on the matter.

ENDS