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 justice, not politics determine Salakae’s fate

“Justice should not only be done, but should manifestly and undoubtedly be seen to be done.”-Lord HewartHis decision was the correct one.The move neither proves guilt nor settles the serious allegations that have brought him to the doorstep of the Regional Magistrate’s Court.It does, however, recognise a basic principle of accountable government, that a minister facing criminal charges should not remain in a position that could create even...

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