Boko dismisses fears over Botswana constitutional court, says reforms won’t legalize same-sex marriage or end death penalty

GABORONE, Botswana, (Running Africa) - Speaking during high-level consultations with traditional leaders, Boko said opposition to the proposed court was driven by misinformation rather than a clear reading of the constitution. Several leaders had raised concerns that a Constitutional Court could be exploited to push politically motivated rulings on socially sensitive issues, including capital punishment and marriage laws.

President Defends Constitutional Court Proposal

Boko said the proposed Constitutional Court is designed to strengthen the rule of law, safeguard constitutional interpretation and deepen democratic governance, not to impose controversial social reforms.

"Our emotions should be differentiated from what the Constitution stipulates," he told the gathering. "Do not be afraid that the ConCourt will be used to abolish the death penalty."

Botswana remains the only country in Southern Africa that continues to enforce capital punishment for serious crimes. One of them is murder, a position that has long drawn international scrutiny but retains significant domestic support.

Same-Sex Marriage Not Before Botswana's Courts

Addressing concerns around same-sex marriage, the president said the issue has never been tested in Botswana's courts, despite gaining prominence in other jurisdictions.

He pointed to recent rulings by the European Court of Human Rights, which he said reaffirmed marriage as a union between a man and a woman, arguing that fears of imminent legal change in Botswana were unfounded.

Botswana's High Court decriminalized same-sex relationships in 2019, a landmark decision that remains contentious. Subsequent attempts to introduce broader protections for gay rights have faced strong resistance from religious groups and conservative sections of society.

Referendum Pledge Amid Growing Public Debate

The president has faced criticism for advancing the judicial reforms without first seeking public approval through a referendum. Boko sought to reassure traditional leaders that if consultations support the reforms, the government would proceed with a nationwide vote.

Public sensitivity around the issue has been heightened since July 2023, when a parliamentary bill proposing constitutional recognition of gay rights sparked mass protests across the country. Religious organizations have since intensified calls for a referendum, particularly on any potential move toward legalizing same-sex marriage.

As consultations continue, Boko has urged national leaders and citizens alike to separate constitutional interpretation from emotion, insisting that the proposed Constitutional Court is about institutional strength — not rewriting Botswana's social values.