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Can Botswana Afford A Constitutional Court? The Price of Institutional Ambition

The proposal to establish a Constitutional Court in Botswana has been framed, publicly at least, as a question of democratic maturity. Proponents argue that a specialist court would strengthen constitutional interpretation, protect rights, and bring Botswana into line with peer democracies. Critics counter that the country already possesses a functioning judiciary and that a new apex court risks duplication. The Business Weekly & Review STAFF WRITERS

mm by Staff Writer
January 29, 2026
in News
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Different Sanctions Applied On Multiple Charges Can Be Unfair
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The proposal to establish a Constitutional Court in Botswana has been framed, publicly at least, as a question of democratic maturity. Proponents argue that a specialist court would strengthen constitutional interpretation, protect rights, and bring Botswana into line with peer democracies. Critics counter that the country already possesses a functioning judiciary and that a new apex court risks duplication. The Business Weekly & Review  STAFF WRITERS 

 

But behind the legal arguments lies a quieter, more consequential question, one that has received far less scrutiny: can Botswana afford to build a new constitutional institution at this precise fiscal moment, and at what cost to other priorities?   

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