21 Oct 2026

Experts have called for the urgent establishment of a specialised Constitutional Court in Botswana to safeguard the Constitution.

 Although the country already has a range of courts, it still lacks a dedicated ConCourt to deal with all matters relating to its constitution.  

This was the key message from a panel discussion held recently in Kanye to explain why such a court was necessary. One of the panelists, a legal practitioner, Mr Godknows Theko said Botswana owed itself a specialised ConCourt. 

 He dismissed arguments about whether the time was right, pointing out that every arm of government already received its own budget to carry out its planned activities. Mr Theko said Botswana, as a progressive nation, lagged behind many Southern African countries as it did not have a ConCourt.   

The absence of a specialised forum, he argued, had left the country without a proper place to address constitutional issues. He noted that existing courts struggled to interpret the Constitution that had been in force since 1966. 

“These courts cannot breathe life into the very law that governs the nation,” he said. For this reason, he insisted that a ConCourt must be established before any review of the current Constitution was undertaken.

 He explained that a ConCourt would provide a specialised judicial body responsible for reviewing the Constitution, interpreting it, and ensuring that laws, government policies and state actions complied with the supreme law of the land.  

Mr Theko expressed regret that Botswana had operated under its Constitution for so long without creating a court specifically dedicated to protecting it.

  Drawing a parallel with land disputes, he noted that citizens already had access to the Land Tribunal for formal redress.

 The same specialised approach, he maintained, should apply to constitutional matters. A Journalist, Ms Boemo Ramogapi said Botswana had already made progress in establishing specialised courts. She pointed to the Children’s Court, High Court, Small Claims Court and Industrial Court as clear evidence that the time was right for a ConCourt. Ms Ramogapi stressed that citizens often faced cases that were not adequately addressed within the current legal framework.  

A specialised ConCourt, she said, would help ensure that basic human rights were protected and dispensed without prejudice.  She emphasised that Botswana was part of the global community and should not lag behind in establishing such a court.

Law expert, Mr Biki Ramontsho added that Botswana had delayed in setting up a ConCourt. Such a court, he said, would bring greater certainty to the interpretation of the Constitution.  

“It would also provide an accessible forum for people with pending cases who lack the funds to pursue further litigation, allowing them to present their constitutional issues for consideration and redress,” he said. ENDS