A referendum on judicial reform was held in Botswana on 3 November 2001, having been originally scheduled for 6 October, but later postponed.[1] The referendum asked eight separate questions about judges and courts, all of which were approved, seven by a margin of over 70%. Voter turnout for the referendum was just 4.9%, with 22,600 votes from a total of 460,252 registered voters.[2] The postponement of the referendum by the government, a legal challenge by the Tswana nationalist group Pitso Ya Batswana, and a call by the group for a boycott were all suggested as reasons for the low turnout.[3] Pitso Ya Batswana claimed that the referendum was an attempt by the BaKalanga ethnic group, who are over-represented in the judicial system, to increase their hold over it.[3]
The first question was regarding qualification of candidates to be appointed judges on the High Court:
The proposal was passed with a 74.2% approval.[2]
| Choice | Votes | % |
|---|---|---|
| For | 16,038 | 74.2 |
| Against | 5,574 | 25.8 |
| Invalid/blank votes | 985 | – |
| Total | 22,597 | 100 |
| Registered voters/turnout | 460,252 | 4.9 |
| align=left colspan=3 | Source: African Elections Database |
The second question was regarding qualification of candidates to be appointed judges on the Court of Appeal:
The proposal was passed with a 74.81% approval.[2]
| Choice | Votes | % |
|---|---|---|
| For | 16,152 | 74.8 |
| Against | 5,436 | 25.2 |
| Invalid/blank votes | 988 | – |
| Total | 22,576 | 100 |
| Registered voters/turnout | 460,252 | 4.9 |
| align=left colspan=3 | Source: African Elections Database |
The third question was regarding a change in the designation of High Court judges:
The proposal was passed with a 76.74% approval.[2]
| Choice | Votes | % |
|---|---|---|
| For | 16,565 | 76.7 |
| Against | 5,019 | 23.3 |
| Invalid/blank votes | 995 | – |
| Total | 22,579 | 100 |
| Registered voters/turnout | 460,252 | 4.9 |
| align=left colspan=3 | Source: African Elections Database |
The fourth question was regarding raising the retirement age of High Court and Court of Appeal judges:
The proposal was passed, although with only a 53.93% approval, far lower than any of the other questions.[2]
| Choice | Votes | % |
|---|---|---|
| For | 11,751 | 53.9 |
| Against | 10,037 | 46.1 |
| Invalid/blank votes | 789 | – |
| Total | 22,577 | 100 |
| Registered voters/turnout | 460,252 | 4.9 |
| align=left colspan=3 | Source: African Elections Database |
The fifth question was regarding the nomination of members of the Judicial Service Commission:
The proposal was passed with a 72.45% approval.[2]
| Choice | Votes | % |
|---|---|---|
| For | 15,765 | 72.5 |
| Against | 5,994 | 27.5 |
| Invalid/blank votes | 802 | – |
| Total | 22,561 | 100 |
| Registered voters/turnout | 460,252 | 4.9 |
| align=left colspan=3 | Source: African Elections Database |
The sixth question was regarding the Judicial Service Commission:
The proposal was passed with a 72.68% approval.[2]
| Choice | Votes | % |
|---|---|---|
| For | 15,833 | 72.7 |
| Against | 5,951 | 27.3 |
| Invalid/blank votes | 789 | – |
| Total | 22,573 | 100 |
| Registered voters/turnout | 460,252 | 4.9 |
| align=left colspan=3 | Source: African Elections Database |
The seventh question was regarding the Industrial Court:
The proposal was passed with a 74.5% approval.[2]
| Choice | Votes | % |
|---|---|---|
| For | 16,216 | 74.5 |
| Against | 5,549 | 25.5 |
| Invalid/blank votes | 792 | – |
| Total | 22,557 | 100 |
| Registered voters/turnout | 460,252 | 4.9 |
| align=left colspan=3 | Source: African Elections Database |
The eighth and last question was regarding the Chief Justice:
The proposal was passed with a 76.68% approval, the highest of all the proposals.[2]
| Choice | Votes | % |
|---|---|---|
| For | 16,584 | 76.9 |
| Against | 4,895 | 23.1 |
| Invalid/blank votes | 1,023 | – |
| Total | 22,592 | 100 |
| Registered voters/turnout | 460,252 | 4.9 |
| align=left colspan=3 | Source: African Elections Database |