Following its adoption by the National Assembly, the fate of the Constitution (Amendment) Bill, 2025, whose object is the amendment of the Constitution of Botswana, 1966 (hereinafter referred to as ‘the Constitution’) to establish the Constitutional Court, now lies with a referendum, after which the President may assent to it. It seems, to me, to be settled that the issue is no longer so much whether Botswana needs a Constitutional Court, but whether it is...
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