Gaborone — The proposed establishment of a Constitutional Court through Constitutional Amendment Bill of 2025, has been a topic of significant debate, revolving around issues of legal framework, judicial independence and constitutionalism as well as prioritisation of needs.
Proponents of the Constitutional Court argue that it will enhance legal certainty and accountability by providing a specialised forum for constitutional disputes. They also believe it will contribute to the development of constitutional law in Botswana.
While opponents express concerns about the piece meal amendments instead of the holistic approach into the review of the country's constitution. This week government consultations with various stakeholders, district councils and MPs kgotla meetings has revealed that the establishment of a constitutional court remains a complex topic.
In Lobatse Calviniah Kgautlhe reports that Lobatse councillors have unanimous expressed support for the establishment of a Constitutional Court, with a call for its location to be set in Lobatse. They made the resolution during a special full council meeting addressed by the Minister of Justice and Correctional Services, Mr Nelson Ramaotwana, on Tuesday.
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During their submissions, nominated councillor, Mr Kago Malele emphasised the importance of ConCourt in strengthening Botswana's legal framework and democratic ideals. He stated that as the country moved toward electoral reforms, the establishment of the Constitutional Court was crucial for safeguarding the constitutional rights of its citizens.
Councillor Malele further argued that financial considerations related to the Constitutional Court's budget should not hinder its establishment. He proposed that Lobatse, previously home to the Court of Appeal, was an ideal location for this new court, suggesting that it could revitalise economy in Lobatse, a sentiment echoed by his fellow councillors.
Kgaboesele Ward Councillor, Ms Mathara Moreeng highlighted the historical significance of Lobatse, noting that it was where Botswana's Constitution was first read. She asserted that setting the Constitutional Court in Lobatse would stimulate much-needed development in a town that had lagged behind in progress.
The endorsement for the court's establishment was supported by Thema/Motswedi Ward Councillor Mr Velem Heii, who said government was committed to human rights and the protection of minority groups. He noted that a specialised court would enhance accountability and help combat corruption at all levels of government.
Councillor Gofaone Kedise underscored the urgency of the ConCourt, saying it was long-overdue and was one of the Umbrella for Democratic Change (UDC) pledges in the manifesto. He recounted past instances where the High Court failed to address constitutional appeals, highlighting the necessity for its necessity to ensure justice for the populace.
Supporting the call, Tsopeng North Councillor Gobuamang Motlogelwa reiterated Lobatse's historical significance in the drafting of the Constitution, insisting that the legacy must endure with the establishment of the Constitutional Court.
Minister Ramaotwana addressed councilors about the current limitations within the judicial system, noting that constitutional cases are presently handled by the High Court and the Court of Appeal, which lacked the specialised capacity needed. He reaffirmed the ruling party's commitment to establishing a dedicated Constitutional Court to protect fundamental rights.
Kehumile Moekejo in Mabutsane captured the district council consultation meeting on Monday addressed by the Assistant Minister of Justice and Correctional Services, Mr Augustine Nyatanga.
While councillors acknowledged the relevance and the value of a Constitutional Court to the country's judicial system, some councillors questioned the urgency of the Bill, as compared to other challenges the nation was currently facing. They argued that the process should be deferred and priority be given to issues, particularly considering the current fiscal challenges.
"The Constitutional Court is not an urgent matter, the government should focus on improving the health sector and investing in infrastructure development because that is what people currently need. Youth unemployment is very high and young people are expecting the government to create job opportunities for them, not the Constitutional Court," said councillor Keberekile Pule of Mabutsane/Kanaku ward.
Mr Pule further noted that establishing the Constitutional Court would come with cost implications which would dent the already ailing economy.
Councillor for Sekoma, Mr Kekaetswe Mosarwa underscored the need for the government to focus on issues that needed urgent attention, such as availing medicines at health facilities across the country. He said the Constitutional Court could be deferred to a later date when essential services such as the health sector had stabilised.
Mr Mosarwa also emphasised the importance of exercising transparency when appointing judicial officers for the proposed Constitutional Court.
Specially nominated councillor, Ms Gorata Phakedi said introducing the Constitutional Court would align with the government's stance of being human rights based. She said in addition to speeding up the judicial process, the court would contribute towards enhancing democracy.
"The Constitutional Court is very important because it will have independent judges as a way of enhancing democracy. The current judicial system is not sufficient to protect fundamental rights," she said.
For his part, the deputy council chairperson, Mr Obakeng Melome said the time had come for people's rights to be protected through the Constitutional Court. He said improving lives also meant reviewing laws and policies that created the red tape.
"A lot of people have been wrongfully convicted because all cases are handled by general courts," he noted.
The Assistant Minister assured the councillors that the government was committed to providing services through all the sectors, hence various programmes had to run concurrently. He noted that while he acknowledged that the health sector was facing challenges, plans were underway to address them.
From Gamalete District Baleseng Batlotleng reports that councillors have called for a holistic and comprehensive constitutional review. In an meeting addressed by Minister of Justice and Correctional Services, Mr Nelson Ramaotwana as part of the nationwide consultative engagement on the establishment of the Constitutional Court.
Councillors expressed similar views on the proposed timing of the establishment of the ConCourt citing that more focus should be channeled to more pressing national issues like medicine shortages and dilapidated school infrastructure.
Taung East Cllr Mr Vincent Nawa said the way the proposed establishment was presented was a piece meal approach which could not be entertained and that there was a strong suspicion that someone was pushing their political agenda. He categorically stated that there was a pressing need for a comprehensive review of the constitution and not the bit by bit approach proposed by government.
Cllr Nawa said the current judicial set up was sufficient to handle any legal matter and therefore there was no need for a specialised court to be established. Otse Cllr Mr Tom Isaacs cited wrong timing of the establishment of the ConCourt and said focus should be given to pressing matters like food security, animal health in the advent of FMD infections and the deteriorating health sector among others.
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He urged government to restore trust in the current justice system and also equip it with human resource or make a complete overhaul for efficient service delivery by the judiciary.
Mogobane Cllr Mr Sisimogang Abram expressed confidence on the set up of the ConCourt saying it would develop the country's constitutional democratic system and strengthen the judicial process. He said government was seeking input from the public as part of the many steps taken towards the review of the constitution.
Gamalete Deputy Paramount Chief Kgosi Tsimane Mokgosi said government was a powerful tool needed for checks and balances. Kgosi Tsimane said from what he observed Batswana needed broader national consultation and be educated on matters relating to the ConCourt on a more transparent approach.
For his part Malete Land Board Chairperson Mr Kgotso Mathe asked the minister on how the proposed institution would protect the customary land rights.
He also questioned whether an individual would directly approach the ConCourt if they were not satisfied with the decision of the Land Tribunal, High Court or the Court of Appeal. Mr Mr Mathe also wanted clarity on how the supreme body would deal with the existing backlog on land related legal matters.
Minister Ramaotwana appreciated councillors' contributions and said the purpose of their engagement was aimed at gathering views and inputs. He said part of the intention to set up the ConCourt was to expedite the backlog of constitutional matters before the existing courts.
He said as a specialised court, the ConCourt had a specialised jurisdiction and that non constitutional matters would reach it only by way of appeal. He said the focus was also to engage experts in the field of constitutional matters. BOPA
BOPA
