Customary law not recognised in Constitution – Boko
Tsaone Basimanebotlhe | Wednesday January 21, 2026 06:00
However, the nationwide campaign is expected to be conducted at strategic locations across the country, ensuring the views of the majority are well-documented.
When addressing Dikgosi, the President said It was important to understand 'that we understand that the Constitutional Court and constitutional review are different. Again, I want you to understand that our Constitution does not recognise customary law; rather, it recognises common law and statutory law. Hence, we need the Constitutional Court to come and restore the dignity of customary or tribal institutions. We must restore dignity”.
Moreover, he pointed out that the Constitution of Botswana limits the powers of Dikgosi, arguing that the advisory role vested in them is too ceremonial to lobby for progressive laws for their respective tribes. Furthermore, Boko said the envisaged court, when equipped with well-trained legal minds, would resolve some of the long-standing constitutional issues that the courts have failed to resolve.
“We said we want a comprehensive review of the Constitution. But the Constitutional Court will help us when a comprehensive Constitution review is done. This Constitution is written in English, and it at times confuses even lawyers as well,” the President said. He said the first steps of dignity to customary or tribal institutions requires to have constitutional review. “Review of the Constitution will kick start soon, but we cannot promise when it will finish as we are left with only three years,” he said.
He, however, said constitutional review takes time. Therefore, he said it does not need to be rushed, and it can build or destroy the country if not handled well. “In South Africa, the constitutional review took nine years; it has to be inclusive, it has to reach everyone,” he stated. He pointed out that the high court acts as a Constitutional Court but at a law level, whilst the Constitutional Court has supervisory jurisdiction, unlike the high court. He said during the Dibotelo Commission, most of Batswana submitted that they want the Constitutional Court, but the commissioners rejected them. Different dikgosi asked the President to always consult them during the conception stage of contentious bills to curb confusion.
'We are asking for relevant ministers to meet us before bills reach Parliament so that when we debate at our house, we have an informed position. This will help us to make informed decisions. Go botlhokwa gore le re tlhalosetse ka gore melao e direlwa Batswana,' Kgosi Puso Gaborone said.
Kgosi James Khumanego said, 'I believe as dikgosi we could not have made certain decisions if this issue was explained to us the way you did. What dikgosi wanted was the difference between the Constitutional Court and constitutional review.' Kgosi Lotlamoreng II of Barolong asked the government to capacitate dikgosi with basic legal training, as such education will equip them with the expertise to interpret complex judicial topics.