Africa-Press – Botswana. Parliament on Tuesday voted in favour of passing the Constitutional Amendment Bill of 2025 through its third reading, which means the bill, which seeks to establish a Constitutional Court of Botswana, will now require a two thirds majority vote within three months’ time to become law.
The bill, tabled before Parliament by the Minister for State President Defence and Security, Mr Moeti Mohwasa, went into the committee stage last week after it passed through the second reading debate. After the third reading on Tuesday, of the 38 Members of Parliament in attendance, 26 voted in favour, none voted against while 12 abstained.
Speaker of Parliament, Mr Dithapelo Keorapetse cited Section 89 of the Constitution, which stipulated that Parliament might alter the Constitution, but such ‘Act of Parliament could not be passed by the National Assembly unless the final voting on the bill in the Assembly took place not less than three months after the previous voting thereon in the Assembly’.
Section 89 further stipulates that at such final voting the bill has to be supported by the votes of not less than two-thirds of all the Members of the Assembly, which means it would require a popular vote of two thirds of an electoral college consisting of the 61 constituency MPs, six specially elected MPs and the President.
Speaking in support of the bill in Parliament last week, President Advocate Duma Boko argued that a Constitutional Court was necessary for the protection of the rights and freedoms of every citizen.
He said it would provide a clear and focused platform where constitutional matters were handled with urgency, consistency and authority.
“Such a court strengthens democracy by ensuring that all institutions operate within the boundaries of the constitution. It offers strong protection for vulnerable groups, reinforces accountability, and promotes fairness in governance,” said the President.
The bill has sparked debate within the chambers of Parliament, the opposition staging a walkout during the debate of the second reading, triggering further discussion among political parties and within society.
Umbrella for Democratic Change legislators voiced their support for the bill, stating that it would provide an oversight institution that could review laws for their constitutionality, and ensure fairness and accountability in the judicial process.
In its official statement, the official opposition Botswana Congress Party stated that there had been a lack of sufficient prior consultation as expressed by civil society actors through the Botswana Council of Non-Governmental Organisations
The Botswana Democratic Party expressed the fear that the Constitutional Court could be used to push through laws against the wishes of a majority of citizens. They cited the 1995 SvMakwanyane case where the South African Constitutional Court established that capital punishment was inconsistent with the human rights expressed in the South African constitution, thus abolishing the death penalty in that country without a majority vote in parliament or a public referendum.
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