Author: Daily News

Residents of Gasita have expressed support for the establishment of a dedicated Constitutional Court in Botswana, viewing it as a vital step towards protecting citizens’ rights and addressing long-standing grievances.

This emerged during a consultative meeting held recently, where the Minister of Labour and Home Affairs, Major General Pius Mokgware engaged the community on the proposed constitutional court’s creation.

The discussions formed part of ongoing nationwide consultations aimed at gathering public input on introducing the court to strengthen constitutional interpretation and rights enforcement.

One resident, Mr Kelebileone Puoeng emphasised the need for the court to fulfill its intended mandate. He shared personal experiences of rights violations and expressed confidence that such a specialised court would provide timely and effective resolutions in the future.

Mr Ntshekisang Tekanyo echoed this view, stressing that the court must serve the interests of all Batswana without deviation from its proposed purpose.

Participants highlighted the constitutional court’s potential to make justice more accessible, particularly for those marginalised by high legal fees. They noted that land disputes, a common issue in rural areas, could be resolved more fairly and affordably through the new judicial body.

Minister Mokgware reinforced these points with real-world examples. He referenced the case of Mr Pitseng Gaoberekwe, whose body remained in a mortuary for three years amid a dispute over burial rights on ancestral land, a matter he described as a clear human rights violation that a constitutional court could have addressed swiftly.

The minister also pointed to the liquidation of the BCL mining group, suggesting that former employees might have used the court to contest their rights and entitlements more effectively. Additionally, he highlighted inheritance disputes as another area where the court would provide much-needed intervention.

Maj. Gen Mokgware further noted that restoring powers to traditional leaders through the court’s framework would aid in resolving inheritance matters and uphold customary governance.

Meanwhile residents raised concerns about local infrastructure. They urged the government to prioritise tarring the Selokolela-Gasita-Lorolwane Road, which is currently in poor condition and hinders movement between villages.

The consultative meeting reflects broader national dialogue on constitutional reforms, with communities across Botswana weighing the benefits of a specialised court against other priorities. Residents in Gasita appeared optimistic about its potential to enhance justice and rights protection for ordinary citizens.

Establishing the constitutional court is not about addressing same-sex marriages or abolishing the death penalty as some allege.

The court would instead be all-encompassing in addressing constitutional and human rights violations, Minister for State President, Defence and Security, Mr Moeti Mohwasa, explained on Monday when addressing Civil Society and Non-Governmental Organisations.

He cautioned against public misinformation by those with agendas, adding that there were civil society members who were meeting with politicians to solidify positions against the constitutional court. The court would serve to protect the rights of all people, as the government is a human rights-based government, it would be a body to oversee the review of the constitution, Mr Mohwasa said.

The minister clarified that the creation of the constitutional court was not anyhow kick-starting the processes of the envisaged constitutional review.

Minister Mohwasa said after passing a two-thirds majority vote by Members of Parliament, there would be a referendum for Batswana to have an input on the creation of the constitutional court.
Civil society and non-governmental organisations’ members varied on the establishment of thec court.

Mr Keabetse Sesenao opined that the country desperately needed the court to safeguard the rights and wellbeing of its people, while Ms Tumisang Seabo called for people-driven and transparent consultations, since Batswana were never consulted on whether they wanted a constitutional court to oversee the constitutional review.

Although Batswana in the Dibotelo Commission indicated they wanted a constitutional court, the reasons they advanced differed from those advanced by the government, she said.
In the Dibotelo Commission, Batswana wanted a concourt to help in the speedy delivery of justice and to relieve the High Court.

She further noted that under the current laws, the ConCourt would operate under the same laws which limit the High Court and the Court of Appeal, thus not having any significant impact.

Another contributor, Ms Lorato Mphusu, said the country faced significant morality and lifestyle detention issues, and wondered how the ConCourt would help to uphold or erode those.

Thus, she called for the protection of the moral fabric of society.

Mr Mohwasa noted that the problem of morality was not a legal issue but a societal problem.

Generally, the minister said Batswana were an angry society, which bred intolerance leading to violence.

“The anger also manifests in falsehood and, at times, vulgarity, which borders on criminality directed at the leadership.”

Minister Mohwasa promised further consultations with civil and non-governmental organisations, adding that the government remained open to dialogue and consultations.

BOCONGO board chairperson, Ms Cindy Kememi, stated that the civil society appreciated the opportunity to engage on the constitutional reform, noting that the process must be founded on meaningful, structured, and inclusive public participation.

She said the dialogue reaffirmed the importance of engagement between civil society and government in strengthening constitutionalism and democratic governance.

Ms Kememi noted that the concerns of civil society reflected the expectations and aspirations of society, adding that consultations must go beyond mere formality.

She called for the publication of clear and accessible information on the constitutional court, including its mandate, jurisdiction, composition, and implications for existing judicial structures.

She also urged for broader public consultations and sufficient time to be allowed for consultations and engagement, among other things. 

Achieving inclusive economic growth requires a multi-faceted approach, and when attained, it can bring about solutions to many of the country’s problems.

Speaking during the official opening of Botswana Prison Service senior officers conference themed: Strengthening Leadership, Operational Discipline and Offender Rehabilitation in a Secure Humane Environment yesterday, President Advocate Duma Boko said it was government’s vision and priority to attain an inclusive economic growth.

He said such a move would make Botswana Prisons Service’s job easier given that some offenders committed crimes because of economic hardships.
To this end, he said the attainment of an inclusive economic growth would mean providing opportunities for people to make a decent living so as to keep them busy or engaged in order to frustrate crime.

However, the President said that realising an inclusive economic growth remained elusive and had been always challenging to attain.

He said the reality of the country was that Botswana ranked among countries with glaring disparities in economic inclusion, alongside countries such as Namibia, noting that the disparity translated into an exclusion of a large proportion of the people from meaningful economic activity.

In addition, President Boko said the economically marginalised were condemned, side-lined and exist on the margins of the mainstream economy, which led to an interconnected web of daily challenges for societies.

Therefore, President Boko said some of them reacted to such a status quo by drifting into crime, while others try to shield themselves from the harsh reality by drifting into drugs and substance abuse, which in turn created a lot of social ills such as violence of all forms and disregard for the wellbeing of others.

He said society had collectively failed to mould such individuals, resulting in the Botswana Prison Service having to carry the burden of rehabilitating them into responsible citizens of the country – free from re-offending.

For his part, acting Minister of Justice and Correctional Services, Mr Augustine Nyatanga urged the nation to understand that the work of the prison service was restorative in nature as it sought to rehabilitate offenders and re-shape their character.

Mr Nyatanga, who is also MP for Mahalapye East, commended President Boko for his message on leadership, saying it was timely and relevant to the work and responsibilities carried by senior officers at the Botswana Prison Service.

He said leading effectively was a collective responsibility of all team members and that possession of great leadership skills would drive the prison service’s aspiration to realise and even exceed its objectives.

He called on the senior officers to take to heart President Boko’s message and use it as guiding light for the organisation’s operations going forward.

Mr Nyatanga also spoke of the need to attain more from little resources, explaining that with that in mind, the Botswana Prison Service would accomplish its objective of effectively transforming offenders placed under its care. 

Some residents of Habu have expressed support for the proposed Constitutional Court, hoping it will address what they describe as longstanding injustices related to land ownership.

Their comments came during consultations conducted by Assistant Minister of Trade and Entrepreneurship, Mr Tiroeaone Ntsima recently.

One resident, Mr Uauanaro Kandjou highlighted escalating land conflicts in the village, pointing to instances where the Land Board had allocated the same plots to multiple individuals particularly farmland.

Mr Kandjou argued that inheritance laws contributed to such disputes as some beneficiaries claimed plots as inherited property to the benefit of certain groups. He suggested that inheritance laws be reviewed or phased out to resolve such anomalies.

Speaking on behalf of the Basarwa community, Ms Keikanetse Letshabamang said they were relocated from their ancestral land decades ago to make way for tourism concessions. She said they were yet to receive formal allocations given that the land board had suspended allocations in Habu for 17 years.

Mr Lasaro Reakae emphasised the need for Botswana laws to reflect the cultures and traditions of all tribes to ensure that the rights of indigenous groups such as the Basarwa were protected.

Meanwhile, Mr Uatjia Nguvauva raised concerns about Human-Wildlife conflict, noting that current compensation laws failed to cover losses, injuries or fatalities, leaving affected families without support.

Some residents, including Mr Eric Alin, welcomed the establishment of Constitutional Court, noting that it should hold superior powers over the President to safeguard human rights effectively.

In response, Assistant Minister Ntsima explained that the Constitutional Court would serve as a supreme court focused on protection of human rights.

He said matters related to land administration, tourism management, socio-economic traditions, agriculture and natural disasters must align with the Constitution because they impacted citizens’ rights.

He added that the ConCourt would also strengthen Botswana’s integrity to make the country more attractive to international investors. He assured residents that the Constitutional Court would operate independently from the President and be led by appointed judges.