*Justice Dingake gets another 6-year term at UN special court
*Urges inclusive constitution review at home
Former Gaborone High Court judge, Professor Oagile Bethuel Key Dingake, has been reappointed to the Residual Special Court for Sierra Leone for another six year term.
The reappointment was announced by the United Nations Secretary General Antonio Guterres on December 18, 2025. Justice Dingake was first appointed to the court in 2013.
The Residual Special Court was established by the United Nations and the Government of Sierra Leone to prosecute those bearing the greatest responsibility for violations of international and humanitarian laws committed during the country’s civil war in the 90s.
While in Botswana recently, Justice Dingake turned his attention to domestic affairs, cautioning against a rushed or elite-driven constitutional review process which he said could distort the nation’s desired outcome.
Speaking at a public lecture jointly organized by Botswana Council of Non Governmental Organizations (BOCONGO) and the University of Botswana (UB), Dingake advised the government to follow a proper and inclusive procedure.
He said the steps towards the constitutional review, as well as the content have to be determined by the people instead of being imposed on them.
Justice Dingake warned the Umbrella for Democratic Change (UDC) government that they risk producing a document in which the nation has no confidence.
“Every nation has the authority to craft its constitution. We can’t always agree, we must disagree about what it is that we converge on. That’s how democracy works,” he said.
Addressing the debate on whether the establishment of a Constitutional Court should precede the review peocess, Dingake noted: “When we talk about Constitutional review, there is no ‘one size fits all’. Every country must devise a constitutional process that meets its history, its values, and its circumstances. You have to decide in this country which direction you want to take – do you want the Con-Court to certify the constitution, or you want ratification by the people?”
Justice Dingake further said the consultation process should be carefully monitored to avoid a situation where a certain class of people drive their interests using other people.
He said the establishment of the Constitutional Court ahead of the consultation process, preferred by President Duma Boko, has the potential to derail the wishes of the people.
He added that there should be compromise along the way for all parties to reach a genuine middle ground.
With the advent of social media, Dingake cautioned that technology could be used to manipulate public opinion, potentially resulting in judges effectively making laws, thereby blurring the constitutional principle of separation of powers.
He said there was need for widespread public education on the role of a Constitutional Court and suggested that a referendum be held for the nation to decide on the matter, which borders on restructuring of the judiciary.
Dr Dingake also hinted that the use of technology and social media has the potential to influence the outcome of the process, further emphasizing the need for a transparent and genuinely participatory approach.
