Speaking during a panel discussion held at Botswana University of Agriculture and Natural Sciences (BUAN) in Sebele, Gaborone, on Tuesday on the importance of a Constitutional Court, Associate Professor of Law, Tachilisa Balule, described the moment as a decisive one for Botswana, saying the country must act now or risk lagging behind other democracies in constitutional development. Balule noted that Botswana continues to rely on several laws that have remained largely unchanged since independence, despite significant social, political and legal developments over the years. Consequently, some of these laws are increasingly coming into conflict with modern constitutional principles and emerging human rights standards. According to Balule, while not all laws necessarily require constitutional review, a specialised Constitutional Court would provide expert interpretation of constitutional matters and help resolve legal uncertainties.
“Some of these laws may not require constitutional review. However, judges sitting in a Constitutional Court may be better placed to interpret them in line with constitutional values,” he said. He further argued that Botswana currently relies on general courts whose judges handle a broad range of legal matters, rather than constitutional specialists dedicated to interpreting and protecting the supreme law of the land.
