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.
