Adv Boko defends decision to establish Constitutional Court

President Advocate Duma Boko has defended the decision by his government to approach Constitutional review in a piecemeal manner.The government has moved through the Minister of State, President Moeti Mohwasa, a Constitution (Amendment) Bill for the establishment of a Constitutional Court (Concourt). This has sparked debate from various sectors of society rejecting the Bill.Opposition parties, non-governmental organisations, trade unions and faith-based organisations have all echoed their rejection of the Bill. The collective Opposition Members of Parliament from the Botswana Congress Party and the Botswana democratic Party have also walked out of the debate to protest the Bill.A human rights lawyer, Adv. Boko took to the floor of Parliament to defend the route taken. As an opposition party, the UDC condemned the piecemeal approach adopted by the then-ruling BDP government, arguing that the public was not taken on board.According to Boko, the country needs a Constitutional Court as of yesterday. He argued in Parliament that the establishment of the Con-Court is a matter central to the strength, clarity, and future of Botswana’s democracy.“Our Constitution is the supreme law of this Republic. It is the compass that guides our institutions, safeguards our rights, and defines the limits and responsibilities of those entrusted with public office.Yet, for too long, we have lacked a single, specialised body dedicated solely to interpreting this foundational document with the consistency, authority, and urgency it deserves,” he said.Boko expressed disappointment at the level of engagement on the matter by MPs. He contended that Batswana want a Constitutional Court.“Which Batswana are you talking about? Batswana expressed the need for the constitutional court during the consultations by the former Chief Justice Maruping Dibotelo Commission. If you read that Report, Batswana did say they want the Constitutional Court. It is the Dibotelo Commission that refused to have it established,” Adv. Boko said.He explained that a Constitutional Court is not merely another institution; it is a guarantee that every Motswana, regardless of status or circumstance, has access to a definitive guardian of constitutional justice.He added that the Constitutional Court is a guarantee that disputes concerning rights, governance, and constitutional interpretation are resolved swiftly, fairly, and with the highest legal expertise.“It is a guarantee that the rule of law remains unshaken, even in moments of uncertainty. This is an investment in constitutional stability for generations to come. It reinforces our commitment to aBotswana where justice is accessible, governance is accountable, and the Constitution stands not only as a document, but as a living promise to our people,” the President cried.According to Adv. Boko, if a litigant’s rights are trampled upon, the case is stopped, and that issue is taken to the High Court for determination. He explained that after that, it goes back to the trial court for continuation, adding that Order 70 of the High Court permits this to be done.“But there is an aspect that is problematic that requires a Constitutional Court. When one believes their rights are being violated, the magistrate may make a determination that the matter raised is frivolous and vexatious, and therefore it should be dismissed, you then appeal to the High Court,” he said.He revealed that if the High Court takes the same position as the magistrates' court, one cannot appeal to the Court of Appeal.“The Court of Appeal is barred by law from hearing such a matter. In the current situation, there is nowhere to go. That is why we need the Constitutional Court, because that is where such a matter will be resolved,” Adv. Boko told Parliament.

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Adv Boko defends decision to establish Constitutional Court