Ramaotwana ‘sells’ Con Court to Tlokweng councillors
Tsaone Basimanebotlhe | Monday February 2, 2026 08:13
They agreed that such a court is long overdue in order to safeguard fundamental human rights. Addressing the councillors on Thursday, Ramaotwana argued that a Constitutional Court is essential for a democratic government that upholds human rights. He said the non existence of such a court often forces citizens to endure lengthy legal processes before constitutional matters involving them are resolved. “As a government that believes in the protection of human rights, there is need for a Constitutional Court so that people’s rights are not violated or delayed through prolonged legal processes,” Ramaotwana said. “It should not take years for a constitutional case to be finalised,” he added. He reminded the councillors that the establishment of a Constitutional Court is not a new proposal but a long-standing commitment by the Umbrella for Democratic Change (UDC).
According to Ramaotwana, the coalition clearly outlined the Constitutional Court pledge in its 2019 and 2024 election manifestos. “Our manifestos are very clear. We promised Batswana that if we are voted into power, we would establish a Constitutional Court. That is a promise we must account for,” he said. However, Ramaotwana acknowledged that the country is currently grappling with several pressing challenges, including shortages of medicines, outbreaks of foot and mouth disease, and difficulties within the education sector. He said the issues have raised concerns among the public about government priorities. “I understand that there are challenges affecting Batswana, such as shortages of medicines, foot and mouth disease, and problems in schools,” he said. “Relevant ministers are working around the clock to address these issues,” he stated. In that regard, he noted that Cabinet has already convened to deliberate on the challenges and approved funding to help mitigate the issues. He stressed that addressing immediate socio-economic problems does not negate the need to honour constitutional and governance commitments. “As a minister responsible for this portfolio, I must also account for the promises that fall under my responsibility,” Ramaotwana said. “That is why the Bill for the establishment of a Constitutional Court was introduced and gazetted.” Furthermore, Ramaotwana explained that constitutional matters require specialised attention that cannot always be adequately addressed by existing courts. While Botswana’s High Court and Court of Appeal handle a wide range of legal disputes, he argued that they are not specifically designed to prioritise constitutional issues.
He cited Article 3.5 of the UDC Constitution, which states that the coalition is committed to, “the ideal of fundamental human rights, including social, religious and cultural rights, as enshrined in international, regional and national human rights instruments.” “These rights cannot always be effectively dealt with under the current court structure,” he said. “The High Court and the Court of Appeal deal with general matters, but constitutional issues require a dedicated forum,” he emphasised. To illustrate his point, Ramaotwana said disputes relating to land and heritage matters, among others, would be better addressed by a Constitutional Court, where such cases could be prioritised and resolved with the necessary constitutional interpretation. “For example, issues of land and heritage could be dealt with more effectively if they are given preference at a Constitutional Court,” he said. “The long-standing Tlokweng land issue is one such matter that would be better placed before a Constitutional Court.” Ramaotwana further expressed concern over what he described as a significant gap in Botswana’s judicial system, noting that the Court of Appeal, despite being the highest court in the country, does not have jurisdiction to hear election petitions. “What is even more painful is that the Court of Appeal does not have jurisdiction over election matters,” he said. He added that the UDC, as a political movement, understands the implications of this limitation better than most, given its own experiences with electoral disputes. “The UDC knows this pain very well,” Ramaotwana said, suggesting that the absence of a Constitutional Court has, in some instances, denied parties and individuals access to final judicial remedies on critical constitutional and electoral matters. While concerns remain about balancing immediate service delivery needs with long-term institutional reforms, Ramaotwana insisted that strengthening constitutional safeguards is a necessary step in deepening Botswana’s democracy.
The Botswana Democratic Party (BDP) Collen Mochotlhi said; “we have issues that Batswana are concerned about. Currently, we have foot and mouth disease which is a threat to our cattle. Hospitals and clinics do not have medicines and state of schools are bad.” Councillor Mothusi Seakgosing said; “Batswana had long wanted Constitutional court. They even said so during the Dibotelo commission. We are human rights government and as such we strongly believe that other issues could be dealt with at Constitutional court unlike at the normal courts like Batlokwa’s issue concerning land.”