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Gaborone City councillors have welcomed government plans to establish a Constitutional Court, saying the move will strengthen protection of human rights and improve access to justice in Botswana.

Speaking during a council meeting addressed by Minister for State President, Defence and Security, Mr Moeti Mohwasa on Monday, councillors said the proposed court would help safeguard the rights of vulnerable and marginalised groups.

Nominated Councillor, Ms Katlego Morolong said the proposed court would provide protection of rights and strengthen checks and balances within the governance system.

She noted that about 85 countries across five continents, including Zambia, had Constitutional Courts.

“That shows that we are treading the right path and are a progressive nation. We should not depart from this path,” she said.

Councillor for Marulamantsi Ward in Bonnington South Constituency, Mr Sergeant Kgosietsile, welcomed ConCourt establishment, saying the move would help safeguard second and third generation human rights and contributed to a progressive constitutional order.

He therefore urged citizens to support its establishment in the interest of justice and national development.

Kgosi Arnold Somolekae of Gaborone West Customary Court and an ex-officio member of the council also endorsed the establishment of the Constitutional Court, saying it would handle specialised constitutional matters, including cases that might not be heard by the Court of Appeal.

He said the court would help ensure access to human rights protection, especially for vulnerable citizens, adding that specialised courts were necessary because the High Court of Botswana already handled both civil and criminal matters, often resulting in backlogs.

Kgosi Somolekae cited the landmark housing rights case in South Africa, Government of the Republic of South Africa vs Grootboom (2000), which compelled the state to provide housing for vulnerable communities.

He also reassured residents that the Constitutional Court would not automatically abolish the death penalty, explaining that the court would instead assess cases based on constitutional principles and individual circumstances.

“Justice delayed is justice denied. Constitutional matters that are delayed amount to justice denied,” he said, adding that the court would be established through an Act of Parliament specifying how judges would be appointed.

However, Phakalane Ward councillor, Mr Kaisara Sejoe, opposed the proposal, arguing that the minister had not clearly identified gaps within the judiciary that justified the creation of a new court

He also questioned whether proper constitutional amendment procedures had been followed, saying broader grassroots consultation through the kgotla system was necessary.

Mr Sejoe further raised concerns about the appointment of judges, arguing that vesting such powers in the sitting President could undermine judicial independence.

Addressing councillors, Minister Mohwasa said government intended to protect every citizen’s right to life and dignity through the proposed court.

He revealed that following the All-Party Conference of July 4, 2025, government published a notice in the Botswana Gazette regarding the Constitutional Court proposal.

The minister said the Ntlo ya Dikgosi had not rejected the proposal but recommended amendments to some clauses, prompting further consultations, which could take time to conclude.

He noted that constitutional amendments were not new in Botswana and said the proposed court would help restore dignity, improve livelihoods, provide refuge for individuals who lost cases on technicalities, and guide future law reforms.

He added that specialised judicial bodies already existed, such as the Land Tribunal and Industrial Court, and emphasised that the Constitutional Court would similarly focus on constitutional matters while expanding access to justice for ordinary citizens.

Kang residents have expressed mixed reactions to government’s proposal to establish a Constitutional Court, with some welcoming the move as a long-overdue step toward equality and access to justice, and others urging authorities to prioritise constitutional reforms and economic recovery.

Residents expressed these sentiments at a Constitutional Court consultative kgotla meeting which was addressed by the Minister of Water and Human Settlement, Mr Onneetse Ramogapi in Kang on Monday.

Those in support said the court could help address long-standing concerns of marginalisation in the Kgalagadi region, where ethnic groups had historically been regarded and treated as minority communities.

They argued that locating the court in Kang would promote equitable distribution of national resources and decentralisation of key institutions, which were largely concentrated in the southern part of the country.

One resident, who supported the establishment of ConCourt was Mr Kemmone Makatane, who said such a move would strengthen citizens’ rights and enable communities to benefit more directly from natural resources in their areas.

“In countries where there is a Constitutional Court, citizens are able to benefit from their natural resources. This could create opportunities for tribes in mining areas to benefit from the mines in their districts, unlike the current situation where government benefits while local communities receive no royalties,” he said.

Mr Makatane added that such a court would provide recourse for citizens to hold government accountable for service delivery in sectors such as health, education and development.

Meanwhile, other residents called on government to halt the process and instead focus on amending the Constitution or strengthening the Court of Appeal pending a comprehensive constitutional review.

Mr Mautswe Mabe questioned how the proposed court would deal with sensitive issues such as intermarriages and capital punishment, while Mr Abel Phori challenged the urgency of the proposal in light of the country’s economic challenges.

He said the establishment of the court would be costly and could create further financial obligations through judges’ remuneration and administrative expenses.

Some residents also called for assurances that the ConCourt’s decisions would not conflict with Christian principles, particularly on issues such as same-sex marriage.

Responding to the concerns, Minister Ramogapi, said the proposal was not being rushed and had been the subject of consultations under previous administrations.

He noted that during the presidency of Dr Festus Mogae consultations were conducted to assess the need for a Constitutional Court, while the Dibotelo Commission established under former president Dr Mokgweetsi Masisi also found that there was a need for such a court, although it was not implemented.

Mr Ramogapi said the ConCourt would be particularly beneficial to communities in Kgalagadi, which he said had experienced marginalisation and discrimination.

He explained that a Constitutional Court would be the highest authority on constitutional matters, with its rulings being final, and its primary role would be to protect human rights and shield citizens from abuse of power.

Mr Ramogapi also mentioned that Botswana currently had no dedicated forum to address disputes such as alleged irregularities in general elections, a gap the proposed court would fill.

On suggestions to empower the Court of Appeal instead, he said many countries were moving toward establishing Constitutional Courts as specialised institutions for constitutional interpretation.

He dismissed allegations that government had already planned for this proposal, adding that, so far, no land had yet been identified and no funds secured for the project.

Mr Ramogapi noted that its establishment was not currently provided for under the National Development Plan and would only proceed if citizens supported the proposal.

On that note, he implored the residents to vote for the establishment of the ConCourt when the referendum process was undertaken.

For her part, Kgosi Basadi Seipone II expressed optimism that the proposed Constitutional Court would promote peace, unity and equal protection of the law across the country.

She said the timing of the initiative was appropriate, noting that the court would help emancipate many people by strengthening the protection of their constitutional rights.

Kgosi Seipone II emphasised that the Constitution required a specialised body to interpret and safeguard it, adding that the establishment of a Constitutional Court would ensure that dedicated experts were entrusted with handling constitutional matters.

She commended the government for taking the initiative, saying the court would be particularly beneficial to communities that had experienced marginalisation.

Community engagement has become a vital strategy in addressing the recent Foot and Mouth Disease (FMD) outbreak. 

The Serule West Farmers Association has taken the lead in rallying local farmers to protect their livestock by undertaking maintenance of the disease control fence along the Sese and Thalamabele veterinary gates. 

At a time when disease outbreaks threaten both rural incomes and the national economy, the association’s coordinated response demonstrates how collective action can help prevent the spread of animal diseases, particularly in resource-constrained environments.

Farmers have volunteered labour, tools and transport to repair and maintain the disease-control fence stretching from the Sese veterinary gate to the Thalamabele gate near Masenyane cattle post.

The maintenance work, divided among four teams, covers about 160 kilometres and is expected to significantly strengthen disease containment.

Speaking during the maintenance exercise, the association’s Public Relations Officer, Mr Thapelo Olopeng stressed that community participation was essential during national crises.

“Community engagement in serious challenges like the FMD outbreak in a country such as Botswana, facing financial constraints and limited overtime resources, is very crucial,” he said.

He noted that members also contributed P50 each to provide meals during the two-day operation, illustrating the revival of self-reliance within the farming community.

Mr Olopeng said the association also intended  to approach donors to assist in purchasing a patrol vehicle that would help monitor the fence daily and address challenges posed by wildlife, particularly elephants, which often damage the barrier.

He explained that uncontrolled livestock movement between zones around Tonota and Serowe threatens cattle supplies destined for the Botswana Meat Commission, making fence integrity a national economic priority.

Meanwhile, Acting District Agricultural Coordinator, Mr Kenneth Mabote warned that vandalising the disease-control fence was a serious offence punishable by law, adding that offenders may be required to repair damaged sections at their own cost.

Despite the warning, he commended the community for taking responsibility for maintaining the fence using their own resources.

The maintenance follows the outbreak whose epicentre was identified near Jackalas No.1. Local authorities, Tonota and Serowe District Council chairpersons, Messrs Neo Sefhume and Atamelang Thaga said additional measures were underway, with district leadership planning to engage Ipelegeng workers for bush clearing along the fence line.

Government has also committed P97 million towards vaccination and logistics to contain the outbreak in Zone 6b.

The initiative stands as a reminder that when communities unite around a common threat, their shared knowledge, labour and commitment can play a decisive role in protecting both livelihoods and the national cattle industry.