Judiciary at crossroads over ConCourt proposal
Larona Makhaiza | Monday February 9, 2026 09:55
Towards the end of last year, President Duma Boko tabled a Bill for the establishment of the Constitutional Court before Parliament, labeling it a much-needed court.
The idea has been met by mixed reactions from the public, with opposition parties warning the public against the court and questioning its urgency over the ailing health sector. In retrospect, some citizens are calling on the government to get their priorities right, while some recognise the Constitutional Court as a needed institution.
During the official opening of Legal Year 2026, Chief Justice Gaolapelwe Ketlogetswe and Attorney General Dick Bayford have both come out in strong support of the new court, describing it as long overdue and essential for strengthening constitutional democracy.
In contrast, the Law Society of Botswana chairperson, Lesedi Moahi, has questioned how the court is construed as very urgent.
Speaking during the Legal Year opening on judicial reforms, Ketlogetswe said the Judiciary had been fully consulted and supports its establishment.
“I must assure Batswana that the judiciary was fully consulted in this exercise of the need to establish a Constitutional Court. Having closely studied the Bill seeking to establish the Constitutional Court, we fully agreed,” CJ said.
Ketlogetswe said the need for the establishment of the Constitutional Court cannot be stressed too much because it should have long been established.
“We fully agree that the establishment of the Constitutional Court is long overdue. As the third arm of government, in our constitutional democracy, we fully understand the urgent need to establish a Constitutional Court and the value it will bring, particularly readying ourselves for the ever-changing world,” Ketlogetswe said.
Echoing this position, Bayford said the proposed court would become a specialised forum for constitutional representation, enforcement, and protection of human rights.
“The Constitutional Court will strengthen public confidence in the Judiciary acting as an independent safeguard against arbitrariness or majoritarian excess and guaranteeing that reform is democratic, legal, inclusive and reasoned,” Bayford said.
He further explained that the Constitution already anticipates such a court and provides for participation through referendum, making the reform both lawful and democratic.
However, the Law Society is not inclined towards the establishment of the court, at least now. The LSB has called for cool heads rather than the rushed implementation, urging restraint.
“Our position remains that constitutional reform should be approached holistically, deliberately and through broad based consultation. We call for public education on proposed constitutional amendments or constitutional review to precede any amendment process ensuring that citizens are able to endorse or reject such amendments,” Moahi said.
While acknowledging that a standalone Constitutional Court is desirable in principle, Moahi warned that the current urgency risks superseding both the necessity and function of such a court.
“The urgency currently being advanced risks overstating both necessity particularly when weighed against pressing challenges within the justice system including infrastructure decay, understaffing, administrative inefficiency and unresolved concerns regarding judicial appointments,” Moahi said.
As pressure mounts for reform with the State ministers going on a countrywide tour trying to get a public nod for the court, it still remains to be seen if the public will completely have a buy in amid the wide current resistance.