Botswana is on the cusp of a transformative legal overhaul with the publication of the Constitution (Amendment) Bill, 2025 in the Government Gazette. The groundbreaking legislation, dated July 4, 2025, proposes significant changes to the nation’s judicial architecture, most notably the establishment of a dedicated Constitutional Court.
This landmark Bill aims to streamline and strengthen the administration of justice by creating a specialised court to handle all matters related to the interpretation and application of the Constitution. The proposed amendments are expected to bring greater clarity, efficiency, and independence to the judicial system, reinforcing Botswana’s commitment to the rule of law and the protection of fundamental human rights.
Key Proposed Changes and Their Positive Impact:
The Constitution (Amendment) Bill, 2025, outlines several crucial modifications:
Establishment of a Constitutional Court: This is the cornerstone of the Bill. The new court will be vested with the sole mandate to interpret constitutional questions, taking over this vital role from the High Court.
Positive Impact: This specialisation will lead to more consistent and authoritative constitutional jurisprudence, enhancing legal certainty and providing a dedicated forum for citizens to challenge constitutional violations. It will also reduce the burden on the High Court, allowing it to focus on its general jurisdiction.
Protection of Property Rights: The Bill clarifies that the Constitutional Court will be the competent court for any contests against the compulsory acquisition of property, ensuring a specialised and independent forum for these disputes.
Positive Impact: This provides stronger protection for property rights, offering citizens a clear avenue for redress and promoting investor confidence by ensuring fair and just resolution of land and property disputes.
Fundamental Human Rights Challenges: The Constitutional Court will now be the primary forum for determining challenges to fundamental human rights protected under the Constitution.
Positive Impact: This elevates the importance of human rights protection by placing it under the purview of a specialised court, potentially leading to faster and more expert adjudication of human rights cases and reinforcing the judiciary’s role as a guardian of civil liberties.
Electoral Dispute Resolution: Questions concerning the validity of elections for Members of the National Assembly and the Speaker will now be adjudicated by the Constitutional Court.
Positive Impact: Centralising electoral disputes in a specialised court is expected to enhance the fairness, transparency, and timely resolution of such critical matters, strengthening democratic processes.
Judicial Leadership and Structure: The Bill introduces the position of Deputy Chief Justice and clarifies the roles and powers of the Chief Justice as the head of the judiciary. It also establishes the ranking of the Constitutional Court.
Positive Impact: These changes aim to improve the administration and leadership of the judiciary, promoting greater efficiency and clear lines of authority within the court system.
Expanded Judicial Services Commission (JSC): The membership of the Judicial Services Commission will be expanded to include a retired judge as Chairman, with the Chief Justice remaining a member. The Deputy Chief Justice will also join the JSC.
Positive Impact: This restructuring is designed to enhance the transparency and independence of the Judicial Service Commission, which is responsible for judicial appointments, thereby strengthening public trust in the judiciary.
Appeals to the Constitutional Court: Appeals will now lie as of right to the Constitutional Court from any decisions involving the interpretation of the Constitution.
Positive Impact: This ensures that all cases with constitutional implications can ultimately be heard by the highest constitutional authority, providing a robust mechanism for legal review and consistency in constitutional interpretation.
The Bill also includes transitional arrangements to ensure that ongoing cases are handled smoothly as the new judicial structure takes effect.
The proposed amendments underscore the government’s commitment to modernising the legal framework and strengthening the rule of law in Botswana. These amendments are seen as a critical step towards enhancing justice delivery, protecting the rights of citizens, and fostering greater confidence in the independent judiciary.
The proposed amendments are now subject to parliamentary debate and approval. If passed, the establishment of the Constitutional Court will mark a significant milestone in Botswana’s legal history, promising a more efficient, specialised, and robust system for safeguarding the nation’s supreme law.
