In a forward-looking address at a Judicial Conference, President Duma Gideon Boko outlined a vision for a more robust and coherent legal system, advocating for the introduction of a constitutional court as a critical component of a comprehensive constitutional review. The President argued that this specialised court would play a vital role in shaping society, clarifying legal ambiguities, and fostering the growth of local jurisprudence.
Speaking to a gathering of legal minds, President Boko delved into the country’s complex legal framework, which is a unique blend of customary law, international law, English common law, and Roman-Dutch law. He highlighted the need for a mechanism to harmonise these diverse traditions and view the entire legal matrix through a singular constitutional lens. According to the President, a constitutional court is the necessary institution to provide that perspective.
The proposed court would serve as the final arbiter on constitutional matters, addressing inconsistencies and ambiguities that arise from the interplay of Botswana’s various legal sources. The President emphasised that this would not only strengthen the rule of law but also empower the judiciary to actively develop local jurisprudence, creating a legal system that is both modern and reflective of the nation’s unique character.
President Boko’s remarks signal a new direction for the country’s constitutional reform process. His proposal positions the establishment of a constitutional court as a prerequisite to a full constitutional review, suggesting that any new draft constitution should be certified by a tribunal of legal experts. This move is seen as a commitment to a transparent and expert-driven process, ensuring that the new constitution is not only sound in its structure but also holds a firm place in the legal tradition of Botswana.
