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Botswana Parliament Passes Constitutional Court Bill

Staff Writer

Botswana’s Parliament has today voted in favour of the constitutional amendment Bill that seeks to establish a Constitutional Court (ConCourt). The Constitution (Amendment) Bill, 2025 is a legislation that formally provides for the establishment of a Constitutional Court as the apex body for constitutional interpretation and review.

Tabled in late 2025 by the government, the debate over the timing and need for the ConCourt elicited divided opinion from MPs, civil society, academia, and the general public for several months.

However, the much-debated bill was thus approved by the National Assembly this afternoon in the third reading of the bill.

To pass the bill, 66 MPs were present in the House, with 50 voting YES, 15 NO, while 0 abstained and one did not vote.

The amendment specifically alters Chapter VI of the Constitution of Botswana on the section governing the judiciary to make provision for a new Constitutional Court, a dedicated body tasked with interpreting the Constitution and handling constitutional disputes.
Previously, these functions were exercised by the High Court and, on appeal, the Court of Appeal.

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