Judge urges SADC Model Law to move constitutionalism “from paper to institutional practice”

12 May 2026

Hon. Justice Professor Oagile Bethuel Key Dingake

By Moses Magadza

Acclaimed jurist and legal scholar Hon. Justice Professor Oagile Bethuel Key Dingake has urged the SADC Parliamentary Forum to ensure that the proposed SADC Model Law on Constitutionalism and the Rule of Law becomes a practical instrument for democratic accountability, not “another aspirational document gathering dust on institutional shelves.”

Delivering a paper at the stakeholders’ consultation on the development of the Model Law in Johannesburg, Professor Dingake said Southern Africa stood at “a defining crossroads” in its democratic evolution.

He said while the region had made historic progress since the end of colonialism and apartheid, the promise of constitutionalism and the rule of law remained “unevenly fulfilled.”

He noted that the Model Law offers SADC an opportunity to codify shared democratic standards across Member States, but its success will depend on strong implementation mechanisms, inclusive processes and political will.

“Constitutions are not self-executing documents,” he said and warned that even well-drafted constitutional provisions remain “inert words on paper” without mechanisms to monitor compliance and remedy violations.

Professor Dingake identified four major issues for consideration in the Model Law: constitutional compliance monitoring, institutional coordination, inclusive participation in governance, and alignment with regional governance standards.

He recommended that the Model Law provide for robust constitutional compliance monitoring frameworks to detect and prevent executive overreach, rights violations and institutional imbalance before they escalate into crises.

He also proposed a multi-institutional approach involving Parliaments, independent constitutional commissions, civil society and regional mechanisms.

Parliamentary oversight committees, he said, should be strengthened to conduct constitutional compliance audits, summon witnesses, access information and issue binding recommendations.

Professor Dingake also called for stronger independent institutions, including human rights commissions, anti-corruption agencies, ombudsman offices and electoral management bodies, with secure tenure, adequate resources and unfettered access to information.

At regional level, he recommended the establishment of a SADC Constitutional Compliance Committee composed of independent experts to conduct peer reviews and report findings to the SADC Summit.

Turning to institutional coordination, he warned that constitutional actors often operate in silos, creating policy incoherence, jurisdictional conflicts and accountability gaps.

He said the Model Law should promote cooperation among the executive, legislature, judiciary and independent constitutional bodies, while protecting their autonomy.

On public participation, Professor Dingake stressed that legitimacy depends on citizens being meaningfully consulted.

“In an open constitutional democracy, the rule of law principle is premised on participation and consultation,” he said.

He recommended enforceable standards for public participation in law-making, open parliamentary proceedings, accessible legislative documents, public hearings and stronger feedback mechanisms.

He also urged targeted measures to include women, youth and persons with disabilities in governance, including gender quotas, support for women candidates, youth participation mechanisms and disability-inclusive processes.

Professor Dingake said the Model Law should also protect civic space by safeguarding rights of association, assembly and expression.

On regional alignment, he said the Model Law must harmonise national constitutional standards with SADC commitments on democracy, elections, human rights and the rule of law.

He stated that the proposed Model Law could become “a landmark instrument” if it holds governments accountable, empowers citizens and advances the constitutional promise still unfulfilled for many people in Southern Africa.

Justice Dingake sits on the Supreme and National Courts of Papua New Guinea, Residual Special Court for Sierra Leone, and is Professor of Constitutional Theory at the University of San Beda in the Philippines. He holds a PhD in Law.

-Moses Magadza is the Media and Communications Manager at the SADC Parliamentary Forum.

Last Posts

Russian presidential envoy for investment and economic cooperation Kirill Dmitriev

Diesel diplomacy: How a Russia-US fuel deal is redrawing global alliances

The diesel supply agreement struck between Russia and the United States may appear at first glance to be a simple energy transaction. In reality, it has evolved into a geopolitical flashpoint that is exposing deep…

12 May 2026

UB Vice Chancellor, Professor David Norris, the force behind the new strategy designed to transform UB into a high performance organisation

UB Graduates Over 4,000 as Output Jumps 15%

GABORONE, October 19, 2026 – The University of Botswana (UB) will confer qualifications on 4,059 graduands during its 44th Graduation Ceremonies, marking a significant increase in graduate output and a notable rise in doctoral graduates.…

12 May 2026

Dr Matshidiso Rebecca Moeti

UB to Confer Honorary Doctorates on Sesana, Moeti and Dingake

GABORONE, Oct 20, 2026 – The University of Botswana (UB) will confer honorary doctorates on indigenous rights activist Roy Sesana, public health leader Dr Matshidiso Rebecca Moeti and jurist Justice Professor Oagile Bethuel Key Dingake…

12 May 2026

Mr.-Johan-Frisell-Director-for-Africa-and-Deputy-Director-General-Ministry-for-Foreign-Affairs-of-Sweden

Sweden hails SADC PF as “excellent vehicle” for advancing SRHR within the region

By Moses Magadza WINDHOEK, Namibia – Sweden has described the SADC Parliamentary Forum as a trusted regional partner and an effective channel for advancing sexual and reproductive health and rights (SRHR) and has praised its…

12 May 2026

FNB Botswana Deputy Chief Executive Officer Dr Mbako Mbo

FNB Botswana backs private sector growth at National Business Conference

FRANCISTOWN – FNB Botswana has reaffirmed its commitment to private sector-led economic growth and diversification through its partnership and participation in the 18th National Business Conference (NBC), currently underway in Francistown. The conference, hosted by…

12 May 2026

Boko said Xi's journey from provincial leadership to the highest office in China testified to his resilience, integrity, wisdom and deep understanding of governance

Boko calls for reparations for colonial injustices, as he hails Xi’s pragmatic leadership

BEIJING – President Duma Gideon Boko has described Chinese President Xi Jinping as a transformative and pragmatic leader whose governance philosophy is rooted in a deep understanding of China’s material realities, while also reaffirming his…

12 May 2026

Related Stories