Cllrs question urgency of Constitutional Court amidst crisis
Lesedi Mkhutshwa | Monday January 26, 2026 06:00
During a special full council meeting called to consult on the higher court, Minister of State President Moeti Mohwasa argued that the court will protect human rights and address the backlog of both criminal and civil cases.
The minister revealed that at the moment, there is a backlog of about 1,217 criminal and 3,337 civil cases across the country.
He stated that the need to set up a Constitutional Court is contained in the Umbrella for Democratic Change (UDC) manifesto and will empower the less privileged by protecting their rights.
Mohwasa believes the court would help the less privileged and promote accountability, giving an example of a past election dispute that could’ve been handled differently with a ConCourt. He indicated that after the 2019 General Election, they took the then Botswana Democratic Party (BDP) led government to court but were unsuccessful as the High Court ruling against them was final, leaving no room for appeal to the Court of Appeal.
“If there was a Constitutional Court, the matter could have been handled differently,” he told the council meeting. Therefore, Mohwasa stated that all those who want to see a high level of accountability should agree with the impending establishment of the Constitutional Court. However, councillors were not convinced and questioned the priority given to the court, suggesting existing courts are capable of handling constitutional matters.
Leader of Opposition here, Thabo Nyambe, was not against the setting up of the court but doubted its urgency, pointing to a pressing crisis.
The civic leader stated that the establishment of the Constitutional Court is not urgent, rather suggested that powers that be could have increased the number of judges to deal with the existing backlog. Nyambe added that the country is faced with numerous crises in different sectors, including health and education.
He stated that the current government should be busy tackling the crises facing the country, not establishing the Constitutional Court, because already, there are courts that deal with both civil and criminal matters. Nyambe indicated that the Minister emphasised how human rights are being abused, which High Courts have been dealing with, from time back, and that everyone who contested against the judgment delivered by the courts appealed at the Court of Appeal as they enjoy such rights.
“The way you are running around with the Constitutional Court, you are not different from the previous BDP-led government during the commission of inquiry matters, which opposition parties were against at the time,” he continued.
He further indicated that even the voters are clearly clueless about the Constitutional Court.
He stated that the suspicion is that the Constitutional Court is made for those on death row so that they avoid capital punishment.
“We don’t have a problem, but at the end, we are going to suspect that our President, who is a human rights lawyer, doesn’t want the death sentence,” he added, “that is why we are running around with the Constitutional Court.” Nyambe emphasised that they are not against the Constitutional Court, but for now, it is neither urgent nor necessary. Meanwhile, Central ward Councillor, Lilian Griesmier, was also not against the Constitutional Court but against its establishment, whereas the country is broke. “We are going to use about P275 million, but currently, at Nyangabgwe Referral Hospital, when an operation is conducted on a patient, they have to bring some surgical threads,” she bemoaned. Griesmier echoed similar sentiments as Nyambe, indicating that they suspect that the ruling party wants to extend its term of office because five years is not enough.
She stated that the proposed establishment of the same court shows that the country has money. She indicated that it also shows that the UDC-led government does not prioritise issues that matter to Batswana. Itekeng ward Councillor, Lesego Kwambala, said that as opposition councillors, they are not against the Constitutional Court, but their issue is on matters of priorities.
He highlighted that some of the advantages and risks associated with the Constitutional Court entail societal readiness of the said court, as people still fail to differentiate between the court and the Constitution.
He proposed that the first thing that could have been done was to have embarked on a nationwide campaign educating Batswana on the Constitutional Court. Kwambala indicated that indirectly, the matter was taken from the top to the bottom.
“Already, the matter was discussed before Parliament, and they are waiting for the voting process, but people do not understand what is being talked about. “I also emphasise that we do not repeat the mistake that we once made as the former ruling party.
When we wanted something, we just imposed it on the people without proper consultation,” he warned. He said that the question still arises: what is the urgency, whereas people are clueless about the Constitution. He stated that there was a need for proper consultation and education before anything else.
“The way I support the Constitutional Court, I do not wish we could do it on top of mistakes. If we are going to copy what South Africa has done with the Constitutional Court, we should not only copy the product but also the process,” he added.
Kwambala elaborated that South Africa did it before the Constitution because of their political issues, but here in Botswana, there is stability and protection of the rule of law, hence there is a need to confront the uncomfortable truth that Batswana, as it is already known, do not understand the Constitutional Court. He stated that if the Constitutional Court is established through this approach, it won’t be democratic. The Itekeng ward Councillor also believes that the 90 days of consultation are not enough, more so, as they are going to establish something that is going to take years.
He further indicated that there is a need for fresh national confrontations, transparent justification of the problem being solved, clear limits of the Executive influence, and a renewed democratic principle or mandate. This can be carried out when Batswana point out it’s something that they want and heavily endorse, he added. He stated that once the Constitutional Court is established, then accessibility should be a priority. Kwambala indicated that the Constitutional Court will assist with issues such as homosexuality, sex workers, and the right to association.