Law Society Warns Against Rush to ConCourt
The Law Society of Botswana has raised serious concerns over the government’s push to establish a Constitutional Court, urging that any constitutional reform must be “approached holistically, deliberately, and through broad-based consultation.”
Speaking at the High Court in Gaborone during the opening of the Legal Year 2026, Chairman Lesedi Tlotlo Moahi emphasised that citizens must be informed before amendments are made.
He warned that “public education on proposed constitutional amendments or constitutional review precede any amendment process, thereby ensuring that the citizens can endorse or reject such amendments based on an informed understanding, free from emotional, religious or partisan considerations.”
Moahi stressed that while a Constitutional Court is desirable, “the urgency currently being advanced risks overstating both its necessity and its function, particularly when weighed against pressing challenges within the justice system, including infrastructure decay, understaffing, administrative inefficiency, and unresolved concerns regarding judicial appointments.”
The Law Society also highlighted long-standing systemic challenges within Botswana’s judiciary. Moahi described the state of court buildings, staffing shortages, and administrative inefficiencies as critical issues.
“These are not minor inconveniences; they undermine the dignity of judicial proceedings and erode public confidence in the justice system.”
Chronic understaffing, delays in replacing judicial officers, and unreliable ICT systems continue to hamper court efficiency, he added.
The Society further criticised opaque judicial appointments, calling out the “appointment of otherwise undeserving individuals to the bench” as a factor undermining public trust.
Moahi warned that until clear rules and regulations on appointments are established, the Society is “actively considering, amongst other steps, withdrawing its nominated member from the Judicial Service Commission until this issue is resolved satisfactorily.”
Beyond the courts, the Society raised concerns about law enforcement accountability, citing recent high-profile cases. “Public trust cannot survive prolonged silence.”
The Society also highlighted the financial consequences of avoidable litigation, noting that “absent such accountability, the cycle of reckless litigation, impunity, and avoidable fiscal loss to the public purse is likely to persist.”
Moahi also called on legal practitioners to uphold professional standards and courtroom decorum. He reminded that “professional freedom does not eclipse institutional responsibility,” warning that disrespectful behaviour in court could lead to sanctions, including costs being “visited debonis propris (of his own goods) upon such a practitioner.”
Despite the challenges, Moahi reaffirmed the Society’s commitment to defending the rule of law.
“Silence in the face of systemic dysfunction would be the greater failure,” he said, underscoring the need for transparency, accountability, and public confidence in Botswana’s justice system.