Botswana News

Boko Rejects Backtracking on Constitutional Court Plan

Boko says the UDC will press ahead with a Constitutional Court, calling it a principled reform aimed at clearer access to justice.

Speaking during the Labour Day commemoration organised by the Botswana Federation of Public, Private and Parastatal Sector Unions (BOFEPUSU) in Letlhakane on Friday, Boko made it clear that the Umbrella for Democratic Change (UDC) administration will press ahead with the reform, describing it as a “principled position” grounded in expert legal opinion.“We want a Constitutional Court proper.. We are not backtracking.. We are not apologising for this,” Boko said, adding that the proposal has been

thoroughly examined by “lawyers, advocates, scholars, and experts”, leaving “no confusion about it.”The President framed the proposed court as a critical institution that would directly benefit ordinary citizens, particularly workers, by providing a dedicated forum for constitutional disputes.. He argued that the current judicial structure does not sufficiently cater for such specialised matters, often leaving citizens uncertain about where to seek redress when their constitutional rights are infringed.“This issue affects everyone, including you workers, so

that when you are wronged, you know where to go,” Boko said.The establishment of a Constitutional Court formed part of the UDC’s election manifesto, with the ruling party positioning it as a key pillar in strengthening Botswana’s democratic institutions and enhancing access to justice.. However, the proposal has sparked mixed reactions across the legal fraternity and the public.Some critics have questioned the timing of the initiative, arguing that Botswana’s current economic challenges demand a more

cautious approach to public spending.. They contend that establishing a specialised court would require significant financial resources, which could strain the national budget.Others, however, have welcomed the move, saying it is long overdue and essential for improving the efficiency and clarity of constitutional litigation.. They argue that a dedicated Constitutional Court would reduce case backlogs, promote consistency in constitutional interpretation, and reinforce the protection of fundamental rights.. Despite the differing views, Boko maintained that the

government remains resolute and focused on delivering on its promise.Boko also weighed in on the structure of the proposed court, suggesting that only advocates should be granted rights of audience in the specialised forum.. This position is likely to add another layer to the ongoing debate, as it touches on long-standing distinctions within the legal profession between attorneys and advocates.Some sections argue that such a move could have far-reaching implications for access to justice, particularly

for litigants who rely on attorneys for representation.Boko’s remarks come just a month after Parliament overwhelmingly approved the Constitution (Amendment) Bill, 2025, despite clear and sustained public unease over its timing.Backed by ruling UDC legislators, the bill sailed through with a commanding majority, cementing Boko’s determination to establish a Constitutional Court.. The passing of the bill now moves the country towards a National Referendum for final ratification.

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