Con Court plan riles Batswana as medicine shortages bite

Spira Tlhankane | Tuesday January 27, 2026 08:29

Various ministers, including Pius Mokgware, Moeti Mohwasa, and Phenyo Butale, among others, held Kgotla meetings this week to discuss the issue. Instead of welcoming the development, people are accusing the government of misplaced priorities at a time when public hospitals are running short of basic medicines.

Across several Kgotlas, citizens, including civic leaders, voiced frustration and disbelief that the government is prioritising a new court structure while patients are being turned away from clinics empty-handed.

“We are not saying the Constitutional Court is wrong. But how can the government talk about new courts when people are dying because there is no medicine?” said one elderly man during Kgotla consultations with Mokgware in Matshelagabedi.

For her part, one woman in the Matshelagabedi Kgotla meeting said the government is wasting resources on these consultations when resources could be shifted elsewhere. Another man asked Mokgware if there is money available to establish an additional court like the Con court when the national coffers are already dry. “To hire people who will work in this court is more expensive than what we are spending on the lower courts,” he said.

Still at the North East Matshelagabedi Kgotla meeting, another elder asked, “Because we are crying about lack of funds and since there is no medicine and the state of our roads is bad, what has the government budgeted for this court?” He said the government should prioritise fulfilling its 2024 manifesto rather than the establishment of the Con court.

In response to the residents’ worry that the Con court will divert money from existing and troubling issues, Mokgware said, “Some are saying that we should focus on patching potholes and buying medicine, but what about people who are paining because of issues which can only be solved by the constitutional court. Let’s balance life challenges, please,” he begged.

Mokgware said just because the country has a shortage of medicine, it doesn’t mean all efforts should be diverted towards the latter. “All of us have different challenges in our lives, but nothing has stopped us, and we are continuing with other aspects of our lives. Government is buying medicine, and at the same time, we have this task of fixing our constitution,” he said. Mokgware said after getting a yes vote from the consultation,s that is when the budget part of it will arise. The consultations, meant to drum up support for the proposed court, instead exposed deep public anger over the state of the healthcare system. Residents complained that clinics lack essential drugs for chronic illnesses, children go without antibiotics, and families are forced to buy medication privately if they can afford it.

In the Tsabong Kgotla meeting addressed by Foreign Affairs Minister Butale this week, Batswana also reiterated the same issues in the North East. “Every month, we are told to come back next week for pills. Some of us don’t make it to next week. Now they want to spend money on a court?” said a resident at the Tsabong meeting. Several speakers said the government’s justification rings hollow, especially when officials have repeatedly warned that national coffers are dry. “They tell us there is no money. But suddenly, there is money for judges, buildings, and salaries. Are courts more important than human life?” one elder reiterated.

Importantly, many Batswana were careful to stress that they are not opposed to the establishment of a constitutional court in principle. Instead, they argued that the move appears tone-deaf amid worsening socio-economic conditions, among others, the bad state of roads, which continue to claim lives in road accidents. Others warned that the government risks alienating the public by appearing detached from daily struggles. People’s concern was that leaders must feel their pain and that, at the moment, the pain is in hospitals and clinics, not in the courts.

The medicine shortage and poor road infrastructure dominated discussions, with speakers accused government of failing its most basic duty, which is protecting life through the provision of medicines and fixing the bad state of roads.

As consultations continue, pressure is mounting on the administration to justify its priorities and reassure the public that the health crisis will not be sidelined. Many called on the government to pause the Constitutional court process and redirect resources to healthcare until medicine supplies stabilise.

But the government is not all in agreement on halting the Con court establishment. During a BNF press briefing this week, Minister for State President Moeti Mohwasa said that what people are saying is that the government should abandon everything and focus on challenges like health, which is not how government is supposed to work. Mohwasa said that what people are saying that they are focusing on the Con court instead of health is not true. “We can’t all go and crowd at Minister Stephen Modise’s office. These people who say all these are clowns and they are misleading people. Government works with various entities, and each ministry has its own budget”, he said.

The message from the Kgotla consultations is also the message that is coming from social media, where people have not been shy to share their views on the matter. Views from these sites show that Batswana are watching closely, and patience is wearing thin. “How do you consult people when the bill is already in motion at Parliament?? And why are they addressing leaders and not Batswana at large? Kgotla meetings would have been ideal, as it covers everyone,” one person commented on Boko’s official page, where the schedule for consultations has been published.

“So, your Target audience is 'Full Council' only, except just one or two kgotla meetings? What about the rest of us? Where are we going to air our views, in contribution to this very important national project?” asked another in the same post.

In one of the comments, the author said the government is busy running around the constitutional court, while hospitals run short of medicine. “People are dying every day. Now you will find more foreigners in Botswana than Batswana. Batho ba fedile. So, constitutional court yaago ya go berekela bo mang when people are dying at this rate? The death rate is higher than the birth rate. Let's learn priorities. Prioritise health and lives before o tabogela molao. The presidency is not about law. Learn to separate your career from your current occupation. We have too many lawyers. We just need one president. Is that too much to ask?”

“Ga gona dijo ko dikolong, Melemo ha e yo ko dipatela just to mention a few in a long list. Wena, the best thing u can do is to focus on the establishment of the court. Are u building a lawless nation and therefore need courts! Next, you're going call for prison’s expansions, the way I see things,” read another comment. “Ga gona dibuka mo dikolong, ga gona melemo mo dipateleng...leha gontse gotweng bagaetsho nyaya a go dirwe se setshwanetseng. This one will come after,” one person said in the comments.

Another commenter said establishing the Con court is a waste of resources that are desperately needed in Health and Education. The commenter added that Batswana should boycott these ‘useless consultations.’ While constitutional reform may be a long-term institutional goal, citizens insist that survival comes before structure, and that no reform can succeed if it is built on public suffering.

It is not just the citizens, but the opposition has also questioned the timing of the Con court, with the Mother of the House, Unity Dow, saying that no one will die without the Constitutional court. “It is up to President Boko to decide whether to take the country’s last penny and spend it on the constitutional court or patch potholes and buy antibiotics. I am a true example that we don't need a con court to actually attain access to justice; it is not that important at the moment. These country consultations are a campaign for a yes vote. This running around the country is not about consultations about a campaign on your money, on your time, with your resources,' Dow highlighted during a press conference earlier this week.

In the same press briefing, Leader of Opposition Dumelang Saleshando pointed out that the country is currently grappling with serious service delivery problems, particularly in critical sectors such as health and education. “Hospitals are experiencing shortages of medicines, whilst students in schools do not have textbooks,” he said. “Under these circumstances, prioritising constitutional changes raises serious questions.”

Furthermore, Saleshando expressed concern over the financial implications of the proposed referendum. He warned that the exercise would be costly at a time when the country’s expenditure continues to rise without a corresponding increase in revenue.

In addition, he argued that Botswana does not currently face urgent constitutional crises that would justify an expensive and rushed review process. According to him, the government’s focus should instead be on addressing bread-and-butter issues affecting citizens daily.