Event Summary
Following BOCONGO advocacy calling for public participation and transparency on the constitution review process and in particular the establishment of the constitutional court, the government of Botswana initiated consultations with stakeholders and the public on Constitution (Amendment) Bill No. 14 of 2025, which seeks to establish the Constitutional Court. The development represents an important step toward inclusive constitutional review and strengthening democratic culture.
The consultations were announced in December 2025 and were conducted throughout January and February 2026 following a multisectoral approach, including consultations with council leadership, civil society, trade unions, and the business community. However, there is a need for greater space for ordinary Batswana to engage meaningfully, beyond the current kgotla based consultations (kgotla is a traditional consultation forum). While the kgotla remains important, it has limitations and cannot alone guarantee broad participation. Consultations should also consider flexible timings and varied platforms to ensure all segments of society can participate.
While the conducted consultations responded to long-standing calls for public engagement, their timing after the Bill was drafted and debated and the postponement of some consultations because of clashing schedules with budget deliberations raises questions about whether input will meaningfully influence the proposed Constitutional Court and the broader constitutional review process. Consultation should not be a procedural formality but a genuine opportunity for citizens and stakeholders to shape outcomes.
Civil society organizations have reacted to the conduct of consultations. The Botswana Council of Non-Governmental Organisations (BOCONGO) called on Government to ensure that information is accessible to participants and, most importantly, that public input is properly documented, addressed, and reflected in the final legislative outcome. BOCONGO further called on government to publicly share the outcomes of these consultations to demonstrate how they have informed the process. The government was encouraged to also demonstrate a clear willingness to revisit and amend the Bill, or re-start the process, and initiate a comprehensive review of the Constitution based on public submissions, expert input, and concerns raised during these engagements.