Towards a Compensatory Approach to Redressing Constitutional Violations in Botswana

Constitutions of most, if not all, civilised countries contain elaborate provisions on fundamental rights and freedoms of the individual. These are normally entrenched in a Bill of Rights and operate to delineate a general locus of individual liberties and entitlements which the government must not encroach upon without serious justification. Where the fundamental rights are violated redress must be provided to the victims. For Botswana, basic freedoms of the individual are entrenched under Chapter II* 1 of the Constitution. They can be enumerated broadly to include, (a) Life, liberty and security of the person. (b) Freedom of conscience, expression, assembly and association. (c) Privacy and protection from deprivation of property without compensation.

A legal analysis on how the constitution of Botswana can adopt a compensatory approach to address citizens grievances when their constitutional and basic rights have been abused.