Butale reveals why Boko is badly pushing for Constitutional Court

 

The President of the Botswana Republican Party (BRP), Biggie Butale, has sharply criticised President Duma Boko’s push to establish a Constitutional Court, accusing him of acting with an air of spiritual infallibility and attempting to reshape the nation in his own image.

Butale said Boko’s recent rhetoric suggests an effort to build a personality cult, arguing that the President has a tendency to describe himself as operating “ex cathedra,” a term traditionally reserved for

the Pope when issuing infallible religious pronouncements.

He argued that for a political leader to ascribe such unquestionable authority to himself is deeply alarming and amounts to both political and spiritual blasphemy.

Butale expressed concern that the proposed Constitutional Amendment Bill, which seeks to create a Constitutional Court, is being driven by one man who is sidestepping advice to undertake broad public consultation. According to him, a constitutional court should enhance service delivery and uphold democratic checks and balances, not centralise power.

He further warned that the court could be used by President Boko to introduce sweeping legal changes without parliamentary oversight, including on contentious issues such as the death penalty and the criminalisation of homosexuality. He suggested that the President could later attribute such changes to rulings of the “highest court of the land,” shielding himself from accountability.

The BRP leader accused Boko of abandoning his previous commitment to a comprehensive constitutional review and to direct presidential elections. Butale maintained that the Office of the President is too powerful to be chosen indirectly and insisted that the public must retain the authority to elect their leader directly, a principle he says Boko once championed before ascending to power.

He reiterated that Botswana does not currently need a specialised constitutional court, noting that the High Court already has the capacity to sit as such when necessary. He added that constitutional courts are typically established in countries with much larger populations and more complex judicial demands.

Butale argued that any proposal of this magnitude should be subject to extensive national consultation and warned that if the President proceeds without engaging citizens, civil society and their representatives must organise to oppose what he called a “power grab,” even suggesting that impeachment could be pursued if necessary.

The controversy intensified this week when opposition MPs walked out of Parliament in protest over the manner in which the Bill was being handled.

Addressing MPs on Monday, President Boko cited the Dibotelo Commission report, arguing that Batswana had expressed a desire for a constitutional court and that such a body would offer an additional avenue for citizens whose rights are not resolved by existing courts.

Meanwhile, the Botswana Democratic Party (BDP) has also condemned the process, accusing the government of attempting to force the Bill through Parliament without meaningful public engagement.

The party noted that MPs had recently attended a constitutional workshop where experts stressed the importance of collecting views from Batswana before any amendment. Despite this, it says, the government has ignored the principle of public participation.