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SONA Highlights Day 2: Constitutional Court on the Horizon: Government Prioritizes Rule of Law and Accountability

In a major move to strengthen the rule of law and democratic institutions, the government has delivered on its promise of constitutional review by gazetting the Constitutional Amendment Bill, which seeks to establish a dedicated Constitutional Court. This step, outlined in the State of the Nation Address, is seen as crucial for providing a forum “specially designated to test the rigours of the new Constitution before ratifying it into law,” mirroring the model adopted by South Africa. The Bill is now ready for debate in the current session of Parliament, a necessary legislative precursor to the comprehensive nationwide referendum on constitutional reform, consultations for which are expected to begin in 2026.

Beyond the judicial structure, the President detailed sweeping governance reforms aimed at rebuilding trust in public institutions and ensuring financial oversight. A forensic audit on government expenditure and the functional efficacy of systems over the past ten years is underway, scheduled for completion by March 2026. This rigorous exercise, the President assured the nation, is designed to foster a robust culture of transparency and accountability, with findings that “will be acted upon.”

Furthermore, the administration has prioritised the review of the Corruption and Economic Crime Act (CECA) to grant the Directorate on Corruption and Economic Crime (DCEC) greater operational independence. The revised Draft Bill includes a redefined reporting structure and enhanced protections for the office of the Director General, paving the way for the DCEC’s delinking from the Public Service. This significant organisational shift has been submitted under NDP12 with a projected budget of P35 million for Development and P48 million Recurrent. The President pointed to the administration’s actions as proof that citizens’ rights are “not words on a fading parchment, but are tangible and real,” citing the non-interference with public protests, the introduction of minority languages to national news broadcasts, and the passage of the Access to Information Act in the 2024/2025 financial year. These structural reforms, alongside meritocratic appointments to the Judiciary and other key statutory entities, are being implemented as non-negotiable prerequisites for the transformation that Botswana seeks.

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