A constitution is the foundation upon which any democratic nation sits. It sets out in very broad terms the institutions and values that constitute the foundation of our democracy. It is a document that is not only intended for the present, but is also meant to serve unborn generations. It represents the aspirations of a nation, and must be responsive to the challenges that a nation is faced with and should be elastic enough to meet any future challenges that may arise.
The process of crafting it, or reviewing it, should reflect the importance that attaches to a constitution of a democratic state. The process must therefore be one that is free of political partisanship and as inclusive as can be.
On 17 December 2021, the President of Botswana established a Commission of Inquiry (“the Commission”), in terms of Section 2 of the Commissions of Inquiry Act [Cap 05:02] for the review of the Constitution of Botswana and appointed Commissioners for the purpose.
The Council of the Law Society of Botswana after agonizing about whether to participate in the process unanimously resolved not to do so. The Council’s decision was informed by the view that the establishment of the Commission, under the Commissions of Inquiry Act, was ill-advised.
