14 Sep 2026

Panellists discussing the Constitutional Court in Kgatleng Central on Thursday agreed about its frugality in the dispensation of justice.

 They submitted that it would not replace the already available courts of justice, but instead would enhance the justice delivery as it would serve as the highest guardian of one’s fundamental rights.

When contributing to the debate, University of Botswana’s Manager for Legal Compliance Services, Ms Naomi Tsekane said Batswana should regard the constitutional court as the ultimate modern kgotla of the entire nation.

“It is a supreme court that belongs to you, the ordinary citizen,” she said. Ms Tsekane was of the view that constitutional court was meant to level the playing field by treating individuals equally, without fear, favour or prejudice.

She said currently, the high court has a wide authority to interpret Constitution and protect the fundamental rights, with appeals going to the Court of Appeal judges who hear constitutional matters, handle civil matters, criminal trials, labour matters, family law and land disputes.

In that regard, she said it was important that constitutional issues be held in their own specialised court, dedicated for constitutional matters.

She further said that the current court’s limitations were that the judges were scared to judge cases with the principles of constitutionalism, something she termed ‘constitutional avoidance.’

Conversely, she stressed that the constitutional court would not replace the Constitution, as it would still serve as the supreme law of Botswana.

Another panelist, Chairman of Youth of Hope Safe Haven Organisation, Mr Boipelo Mokone was of the view that he trusted the constitutional court to deliver justice, particularly for innocent people who may have been wrongfully imprisoned. 

He said the constitutional court was meant to safeguard the rights of every Motswana, noting that many children’s rights were violated without them having an accessible avenue to seek help. 

He further highlighted that seeking justice through the high court was financially burdensome, making the constitutional court an optional avenue for seeking justice. 

”Constitutional court will make things easy,“ he said, arguing that the likes of Legal aid Botswana would still have their jobs and instead they would form some collaborations in seeking justice through the constitutional court. 

 “A constitutional court is a place that deals with Constitutional matters and protection of fundamental human rights,” said a former councillor for Kgatleng District Council, Mr Terence Thebe . 

He reasoned that due to population increase, there should be adequate courts to serve different interests, adding that the establishment of constitutional court was essential to guide on constitutional matters and to safeguard fundamental human rights. 

He said it was regrettable that a normal process to ask for help from the current courts, required long processes to be followed rooting for the Constitutional Court as an alternative to deal with matters in a clear and uncomplicated process. 

Mr Thebe argued that the back and forth processes in the high court caused some delays and backlog of cases, while the Constitutional court would create direct access to those aggrieved.

Furthermore, Mr Thebe argued that without existence of the Constitutional Court, there were limitations in presiding over cases that required constitutional court as it has happened with some cases whereby the court of appeal ruled that it had no jurisdiction on the matters before it.

Attendants who braced the panel discussion offered differing views about its establishment. While some were of the view that it did not replace the Constitution, some were of the view that review of the Constitution was required, before the establishment of constitutional court. ENDS