Constitutional review: Once bitten twice shy, says CSOs
Kabo Ramasia | Monday August 11, 2025 11:09
The following was deemed a disastrous attempt to amend the Constitution, passionately spearheaded by the BDP regime. Efforts to review the constitution have gained new momentum. However, this time around, led by the UDC. The UDC has thus tabled before Parliament the Constitutional (Amendment) Bill, 2025- Bill No. 14 of 2025. Despite this noble intention, civil society organisations represented by the Botswana Council of Non-Governmental Organisations (BOCONGO) have recounted the horrendous experience and are calling for a people-centric approach this time around. BOCONGO expressed its views in a press statement this week.
“The Botswana Council of Non-Governmental Organisations (BOCONGO) rejects the 2025 Constitutional (Amendment) Bill, 2025- Bill No.14 of 2025 in its current form. We reaffirm our position that any constitutional reform process must be people-led, inclusive, transparent, and in line with democratic values, best practice, and international norms and standards,” reads the statement.
According to BOCONGO, the Constitutional Amendment Bill, 2024, was deeply flawed in its failure to thoroughly consult and teach Batswana and build consensus, which rendered the process an undemocratic sham. BOCONGO states that with the intended Bill, there was public outcry from civil society entities and Members of Parliament (MPs) who decided to shun the process at the voting stage in Parliament. BOCONGO also noted that due to the failure to consult and educate citizens, the process was undemocratic. “It is precisely for this reason that we cannot continue with a process that hijacks constitutional reform from the people,” the statement further says.
Additionally, BOCONGO stated that whilst Botswana is a representative democracy, the issue of the constitution is entirely different. The statement called for a people-centric approach to the issue, noting that the manner will reflect international best practices. The statement further cited Section 89(3)(b) of the Constitution, which details that the people have a right to decide. The section provides for a referendum, as per the civil society contention, and it is against this background that BOCONGO said given the interest the matter has generated; “the current government ought to have demonstrated good faith, and transparency, by initiating early dialogue outlining the suggested approach, and design of the amendment process,” adds BOCONGO. BOCONGO decried the opaque process, which it said has no clear roadmap.
To this end, BOCONGO stated that it acknowledges progress but demands safeguards. Furthermore, civil society noted President Advocate Duma Boko's intention to establish a Constitutional court, a recommendation made by the CSO Policy Brief in 2024. However, in the context of Botswana, BOCONGO argues that the establishment of a Constitutional Court must be followed by public education and then the Section 89 Amendment. As a result, civil society reiterated its stance that it rejects the Constitutional Amendment Bill No.14 of 2025 and called for its immediate withdrawal. The CSOs also argue that the absence of a clear participatory framework undermines the legitimacy of the entire process.
Moreover, the CSOs demand the enactment of a Constitutional Review Act, “to establish and safeguard the process of creating a People’s Constitution. The Act must lay out the guiding principles, institutional framework, public participation mechanisms, and procedural steps that will ensure meaningful engagement of all citizens, rural and urban, youth and old, women and men, persons with disabilities and other marginalized groups.” Other demands as stipulated by the CSOs entail an explicit acknowledgement that the constitution belongs to the people and that the role of MPs and Executive is to facilitate not dictate the process as is best practice, the amendment of Sections 87 and 89 of the constitution of Botswana and the enactment of legislation (to be called the Botswana Constitutional Review Act) to create a people-centric inclusive process, a complete transparent roadmap to be published, a clear, realistic timeline and clarity on the feasibility of holding two referenda alongside a general election within the next four years as would be the case following the envisaged process by government. Lastly, going forward, when proposed amendments are gazetted, they will be gazetted in Setswana, Kalanga, English, Sekgalagadi, and Sesarwa in recognition of diverse language groups. The CSOs thus demand that Boko withdraw the current amendment bill, align the process with democratic principles, ensure broader participation, and protect the once-in-a-generation opportunity to shape Botswana’s future through a just and inclusive process.
Boko calls for the constitutional court
Speaking at a recent Judicial Conference held in Palapye, Boko reiterated the government’s commitment to deliver a thorough constitutional review as promised to the people of Botswana by his party. Nevertheless, he stated that there would be a need to establish a Constitutional Court first. “We thought we should start with a constitutional Court to have a final layer which will deal with all matters before it through a constitutional lens,” said Boko.
Further, Boko emphasised the need for the construction of a national jurisprudence, stating that the existence of a Constitutional Court would help judges appreciate the role they play in society. He stated that by interpreting the law, the judges are legislating and must therefore do it within a confined framework of some sort.