Staff Writer
The National Assembly successfully passed the Constitutional Amendment Bill aimed at establishing a dedicated Constitutional Court for Botswana. Having secured the requisite two-thirds majority in its final reading, the proposed legislation now leaves the parliamentary chambers and heads directly to the citizenry for a final verdict.
The passage of the bill marks the conclusion of the parliamentary phase, triggering a mandatory national referendum. For the newly proposed apex court to be officially integrated into the nation’s judicial system, a majority of registered voters must cast their ballots in favour of the amendment.
Legal experts note that this public vote is not merely symbolic, but a strict constitutional requirement. Because the establishment of a Constitutional Court fundamentally alters deeply entrenched provisions of the law being specifically Chapter VI, which governs the Judicature. This is ao because the National Assembly does not possess the unilateral authority to finalize the change. Under Section 89(4) of the Constitution of Botswana, any such foundational alterations to the judicial structure require the direct approval of the electorate.
In the coming weeks, the focus will shift from legislative debate to public mobilization. The administration, voter education campaigns, and the official conduct of the upcoming poll will be strictly governed by the Referendum Act (Chapter 02:10).
Should the public vote in favour of the amendment at the ballot box, the bill will then be presented to the President for final assent, officially ushering in a new era for Botswana’s legal landscape. Electoral authorities are expected to announce the timeline and logistical details for the nationwide referendum in the near future.
