Botswana’s government establishes constitutional court despite public’s hesitation

**Tldr**: Botswana’s economy is in the toilet because of structural reasons (diamond prices), but the President has not used that as an excuse to undermine institutions or neglect deeper reforms. Given that he is a new President and the first one not from the BDP party, it was always a gamble whether voting out BDP would end Botswana’s democratic success story. This story, small as it is, seems like a strong signal that Batswana made the right decision on Boko. He is a serious, reform-minded social democrat. We should not take this for granted – it could easily have gone the other way. So every signal that things are still good should be celebrated.

This is an interesting story not so much because of the content of what happened, but rather what it signals about the Boko administration.

**Summary**

– Botswana’s Parliament have passed a bill approving the establishment of a Constitutional Court
– Previously, Constitutional matters were heard and deliberated at the High Court level, with appeal to the Court of Appeal as a final arbiter
– These courts are not necessarily specialised in dealing with Constitutional issues, and legal scholars and former judges have recommended the establishment of a supreme, Constitutional Court as being desirable. This is how it is done in neighbouring South Africa.
– I’m not a lawyer, but it seems like the need for a Constitutional Court is agreed upon by the experts
– The articles describe the hesitance on the part of the public: critics wonder why the government is spending energy on this when there are medical shortages owing to the decline in government revenues with diamond prices falling
– The critics in the public are obviously wrong to say the government should delay establishing what is agreed to be an important institution because of transient issues in the executive and administration.
– The fact that Boko pushed this through anyway is a small but encouraging signal of his commitment to institutionalism and that he is not a populist

**Context**

– Botswana is historically considered a liberal democratic country and one of the first in Africa
– However, they did begin to backslide somewhat in the last decade
– The new President, Duma Boko, took power by defeating the BDP party which had governed Botswana since independence and the days of Seretse Khama
– The transition was peaceful, quick and dignified, which was encouraging
– Boko ran a left-leaning campaign advocating for greater social democracy (BDP were liberal-conservative). There were some criticisms that he was somewhat populist.
– His style of politics and speaking often also gives off populist vibes, to be frank. There’s a little bit of grandiosity there too which is weird sometimes.
– Despite all this, he has proven true to his word and reputation. Since his election, he has governed in a reformist manner, and has deepened Botswana’s democracy. He is reversing the backsliding. Property rights are secure. And the Treasury is run by a competent technocrat.
– There is never any reason to assume that the next guy in is not going to trash institutions and end democracy, especially when it is the first time a new party is taking power in a country. Even if this is Botswana, we should never take stability and good sense in leaders for granted.
– The fact that Boko and his new government are pushing through deeper institutional reforms and ignoring the short-termism of the public is a strong signal that this man is serious about long-term reform and of preserving Botswana’s democracy. It could easily have gone the other way. We should note and appreciate that it did not.

– Lastly, Boko is himself an advocate and human rights lawyer. He has represented both indigenous (Bushmen) rights groups as well as LGBTQ organizations. It is clear that his belief in human rights and institutions is translating into his actions as Presidency.
– What this means is we can more confidently project that, if he stays in power, he will push Botswana even further forward. After decades of being governed by liberal-conservatives of the center right, I think Botswana will benefit from a more left wing and social democratic perspective, even if only for balance.
– For example, Boko has spoken about regularising illegal immigrants from Zimbabwe, for example, which is a big issue in Botswana and the region.