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
Use social media to build, not destro

It is a warning flare to every Motswana who logs onto social media. As a country, we have reached a point where the line between robust debate and outright destruction has become dangerously blurred. At face value, Mabeo’s response, which seeks an apology and threat of a defamation suit, might seem severe to some. But we cannot ignore the context. The comment in question did not offer a policy critique or question a political decision.It...

Have a Story? Send Us a tip
arrow up