Charting Botswana’s new legal dawn :: Mmegi Online

Of the many covenants that enshrine and assert the legitimacy of the State and its relations with the citizenry, the Constitution surely sits at the helm. Little alterations have been done to the document that sets the yardstick for Botswana’s legal parameters. Many moons later the soul and culture of the nation has changed while the Constitution remains the same. Does this call for urgent reform or slow and steady alterations? TIMOTHY LEWANIKA engages legal practitioner, Ba Pofelo, of the Desai Law Group

Over the years, a number of aggrieved members of Botswana’s society have approached the courts to challenge certain clauses of the Constitution, deeming it archaic in its definitions and world view. Who can forget the famous Motshidiemang v State where there was a quest towards decriminalising same-sex relations?

Or the Attorney General Vs Dow case, where the courts heard a prayer on the citizenship of children for Batswana women? These cases and times served to remind the polity on the changing tide of Botswana's culture and why there is a need for the law to evolve to match its soul. But what limits exist to ensure a sound constitution?

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