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Botswanaβs long-awaited Constitutional Court is already overdue, prominent lawyer Njiramanda Mbewe-Boatey has declared, arguing that the country can no longer afford to delay creating a dedicated guardian of constitutional rights. Speaking during the Gaborone North Constituency debate on the proposed court, she insisted that a specialised institution is essential to protect fundamental human rights and ensure that public institutions remain accountable to the Constitution.
Mbewe argued that, over the years, litigants have found the need for adequate and broad interpretation and protection of their human rights, leaving many constitutional protections unrealized. According to Mbewe-Boatey, Botswana has long been regarded by other countries as a beacon of justice. However, she said that to fully strengthen the countryβs democracy, there is a need for a specialized court focused on constitutional matters, human rights, and democratic governance, citing that south Africa which is a younger democracy already has a constitutional court.
She noted that Botswana has frequently relied on constitutional expertise and jurisprudence from South Africa, a gap that the Constitutional Court would help bridge. Mbewe-Boatey emphasized that there is no harm in establishing the ConCourt, arguing that the cost of protection is priceless, considering the rights of marginalized groups, women included. To conclude, she stated that since the next stage would be referendum stage, those who feel that there is no need for such a court would exercise their democratic right to vote against it, and that those who personally see the need could vote for its establishment.
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