*Opposition dares Boko to authorise execution
*Fears ConCourt will end death penalty and extend presidential term
Members of the opposition in the City of Francistown Council (COFCC) have dared President Duma Boko to authorise the hanging of death-row inmates to prove he has no intention of abolishing the death penalty.
In a heated exchange in the council chambers, the minority side raised their voices and called on the President to order an execution before proceeding with the establishment of a Constitutional Court (CC).
The Botswana Congress Party (BCP) and the Botswana Democratic Party (BDP) formed a united front to push back against the proposed establishment of the Constitutional Court during a Full Council session addressed by the Minister for State President, Moeti Mohwasa, on Monday.
Opposition Councilors questioned why President Boko and his Umbrella for Democratic Change (UDC) government appeared to be in a hurry to establish the Court. Donga Ward councilor Moagi Koketso said his constituents believe the court is the President’s “pet project” intended to abolish capital punishment.
“This is what they know and believe,” he said.
“If you think they are wrong, then let the President kill first. The President must kill before establishing the ConCourt,” said the BDP councilor.
His sentiments were echoed by Mophane Ward councilor Thabo Nyambe, who said he also suspects the court is meant to abolish the death penalty.
Nyambe said his party, the BCP, is not opposed to the establishment of a Constitutional Court, but believes it is not urgent. He argued that such a court should be introduced through a comprehensive constitutional review.
“You are making the same mistake made by the previous regime through the Dibotelo Commission, which led to opposition parties walking out of Parliament in protest,” he said.
Nyambe cautioned against prioritising the court while the nation is grappling with serious challenges in the health and education sectors.
Central Ward councilor Lilian Griesmeir urged Mohwasa to advise President Boko to delay the establishment of the court and redirect resources elsewhere.
“Why the hurry? We suspect that you intend to increase the President’s term of office using this court,” she said.
Responding to the concerns, Mohwasa said the Constitutional Court is necessary to strengthen and enhance the judicial process. He argued that those opposing it benefit from the status quo and are indifferent to the rights of the downtrodden.
He cited the case of Pitseng Gaoberekwe, a Mosarwa (San) man whose body lay in a Ghanzi mortuary for more than two years due to a legal dispute with the Botswana government.
“No one cared that this man’s constitutional rights were being trampled upon. We had all the existing courts, yet none protected Pitseng’s right to a dignified burial,” Mohwasa said.
“If you die tomorrow Hon Nyambe, it is a given that you’d be buried at your home village,” he said.
He added that the Constitutional Court would have the authority to review decisions made by Parliament, councils, and other courts.
Constitutional Courts have been a contentious issue globally, particularly in Africa. In many cases, ruling parties have used such courts to amend constitutions and extend presidential terms.
Since 2000, presidential term limits in Africa have been altered more than 47 times across 28 countries, often increasing the number of terms or extending their duration. In 2023, the Central African Republic adopted a new constitution extending the presidential term from five to seven years and removing term limits altogether.
Similar changes have occurred in Chad, Comoros, Côte d’Ivoire, and Togo. Attempts to secure third terms failed in Nigeria (2006) and Burkina Faso (2014).
ConCourts have also been used to abolish the death penalty in many countries. In 1995 the South African Constitutional Court unanimously ruled capital punishment unconstitutional, citing the new constitution’s commitment to life, dignity, and equality, ending its use and commuting sentences.
In the United States of America California’s Supreme Court abolished the death penalty under the state constitution, though it was later reintroduced via ballot initiative, while Taiwan is also pushing for an end to the death penalty.
However, Constitutional Courts can also be used to protect vulnerable populations. In a landmark ruling, South Africa’s Constitutional Court upheld a case brought by the Treatment Action Campaign (TAC), compelling the government to provide medication to prevent mother-to-child transmission of HIV.
The decision firmly established the legal right to access antiretroviral treatment in South Africa, overturning early policies of denialism.
