‘ConCourt will not scrap death penalty, legalise same-sex marriage’
Larona Makhaiza | Friday January 16, 2026 16:38
Speaking during a consultative meeting with members of Ntlo Ya Dikgosi, Boko dismissed the allegations, highlighting that his emotions in such instances are immaterial and he is guided by the constitution. Taking the floor, Kgosi Tshipe Tshipe of Mahalapye asked the President if this was his first step to abolish death penalty through the highest court in the land. “I had hoped that you clear out what has being said out in the public as people describe you as the human rights lawyer. They assume that this court will be established to help you to abolish the death penalty, because as I understand that should only be done through a referendum if the time comes,” Tshipe enquired.
Kgosi Tshipe’s question was followed by one from Kgosi Esau Molehele of Gantsi, who wanted to know if the Constitutional Court would also be used to pave way for same sex marriages. “There are people that are of same sex relationships and there are allegations that this is one of the reasons that you are establishing this court so that you would allow them to be in relationships and get married in our country. Clarify that,” Molehele stated. In response, Boko dismissed all the allegations that have been levelled against him. “Maikutlo ame le a ga ope hela, a tshwanetse go farologana le se molao o laelang gore se dirwe mo mabakeng a a rileng. So le seka la tshoga gotwe ‘nnya o direla gore a tle a emise katlholelo loso,’” he said. When loosely translated, “Our emotions should be differentiated from what the Constitution stipulates. So do not be afraid that the ConCourt will be used to abolish the death penalty,” he assured the House. On the same sex marriages, Boko highlighted that the issue too will not be controlled by him as the country is guided by the law and everyone should live by it. “We have not heard the same sex marriage issue in our courts locally but it has emerged in other countries. It reached the European Court of Human Rights in their most recent decisions ruled that marriage is a union between a man and a woman so same sex relationships cannot be married,” he said. “So I have never said it anywhere or supported this. The Constitutional Court is not for that as it is also guided by the existing law; Penal Section 167 and 168. For it to be changed it should follow all the right channels.”
Meanwhile, Boko has extended his apologies for tabling the Bill for establishment of the Constitutional Court without consultations but assured that after it passes through there will be a referendum. The consultative meeting with traditional leadership was convened to interrogate and pass on knowledge on the establishment of the Constitutional Court. The tabling of the Bill last year sparked a lot of public interest with many criticising the President for skipping the consultative part.