Mmegi

Constitutional Court – Is it necessary?

A Constitutional Court would typically be set up to serve as a strong enforcer of a new or amended constitution.. PIC MORERI SEJAKGOMO
A Constitutional Court would typically be set up to serve as a strong enforcer of a new or amended constitution.. PIC MORERI SEJAKGOMO

I write this piece as my contribution to the debate surrounding the establishment of the Constitutional Court and the attendant furore that is all the rage lately in Botswana.

There is no denying that a country’s Constitution is a very important piece of legislation, as it protects fundamental individual rights and freedoms, maintains a balance of power, and helps individuals and businesses safeguard their legal rights and freedoms. A Constitution, in this respect, is a foundation for the laws and institutions of a nation.

Meanwhile, a Constitutional Court is, by definition, a specialised court with jurisdiction over constitutional matters, including judicial review of legislation and adjudication of its constitutionality. Thus, a Constitutional Court would typically be set up to serve as a strong enforcer of a new or amended constitution.

Editor's Comment
Let the courts follow the money

“Law and order are the medicine of the body politic and when the body politic gets sick, medicine must be administered.”– B.R. AmbedkarThe amount of money at play threatens to test the integrity of the country’s financial system, giving more reason to why the courts must be fully given leeway to lean on the matter and reach a conclusion.Botswana has spent decades building her reputation as a stable and credible financial jurisdiction.The...

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