The Botswana Council of Non-Governmental Organizations (BOCONGO) has sharply criticized the timing the consultations on the proposed Constitutional Court, accusing the process of being a potential ‘procedural formality’ that puts the cart before the horse.
The consultations focus on the Constitution (Amendment) Bill No. 14 of 2025, a piece of legislation that seeks to establish a dedicated Constitutional Court. The proposed court would be tasked with the exclusive jurisdiction to hear and decide matters pertaining to the interpretation, protection, and enforcement of the Constitution. Its creation is seen by supporters as a significant step in strengthening the judiciary’s role as the guardian of the supreme law.
In a statement, BOCONGO welcomed the government’s efforts to create space for public participation, calling it ‘a cornerstone of democracy’ and ‘an important step toward inclusive constitutional review.’ The organization also praised the ‘multisectoral approach,’ which includes engagements with council leadership, civil society, trade unions, and the business community.
However, BOCONGO raised substantial concerns about the integrity of the process. The primary critique centers on the fact that the Bill has already been drafted, published, and debated in Parliament before the launch of nationwide public consultations. ‘This timing. raises questions about whether input will meaningfully influence the proposed Constitutional Court and the broader Constitutional Review Process,’ the statement reads. BOCONGO argues that true consultation should be a ‘genuine opportunity for citizens and stakeholders to shape outcomes,’ not a box-ticking exercise held after key decisions appear to have been made.
To ensure the process is credible, BOCONGO made several demands of the government. They insist that public input must be properly documented, addressed, and reflected in the final legislative outcome. The council called for the government to publicly share the outcomes of the consultations to demonstrate how they informed the process and to show a clear willingness to revisit and amend the bill, or re-start the process, based on public submissions. Furthermore, BOCONGO urged a shift from a ‘piecemeal approach’ to initiating a comprehensive, People-Centred Review of the Constitution, supported by widespread civic education and a published roadmap as guided by the Constitution Review Act.
The council also urged for more accessible consultations, suggesting flexible timings and varied platforms beyond the kgotla to ensure broader participation from all segments of society. BOCONGO reiterated its commitment to promoting civic education on the Constitution and urged all Batswana to actively participate in the ongoing consultations.