The land question in Botswana dominated the public
deliberations during the Presidential Commission of
Inquiry into the Review of the Constitution of Botswana,
which was appointed by the President of the Republic
of Botswana, Mokgweetsi Masisi, on 17 December
2021. In the Constitution of Botswana, the subject of
land is only mentioned curtly in section 8. However, in
countries such as Zimbabwe, Zambia, South Africa, and
Mozambique, national constitutions extensively deal
with land issues. Batswana’s (citizens of Botswana)
sustained and passionate debate suggests that they
want the subject of land entrenched in the constitution
should it be reviewed. The article is not a critique of the
Report of the Presidential Commission in toto. It only
analyses the major land issues raised and captured
in it. The (illegal) selling of land; the role of the land
boards and dikgosi (chiefs) in land administration;
the impact of colonial land alienation; the compulsory
acquisition of tribal land; the delays in land allocation;
and the shortage of (serviced) land, among others,
dominated the inquiries. These issues require an
academic analysis to contextualise them and guide the
national debate further. The article relies on the Report
of the Presidential Commission, published works, and
official documents from the government of Botswana.
It concludes that the “absence” of the subject of land,
and or land rights, in the constitution of Botswana is a
concern in a liberal democratic society.

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