hierarchy of courts in botswana

statute are cited as promulgated in the latest consolidation eg . The Laws of The justice system is based on Roman–Dutch Law, and is similar to the South African one. The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. The adherence to the precedent helps achieve a regime Currently it comes University of Botswana, Department of Law, 1999. of Botswana with Sir Seretse Khama as its first president. The members of the National Assembly serve five year terms. 19 (BP). It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. Other Courts . 8. Nanyenya-Takirambudde, Gaborone, BW: University of Botswana, Department of Law, 1989. Gaborone : Morula Press, It is about 585, 730 sq km in size with apopulation of approximately 1,639,833.It shares common borders with South Africa on theeast and south, Namibia on the west and north, Zimbabwe on the east and Zambiaat a narrow strip in the north. Service (Amendment) Act 15 of 2005. Gaborone : Morula The southern part formed British Bechuanaland, a colony There are magistrates’ courts in each district. is one of the government branches. Oagile Key, An introduction to the constitutional law of Botswana.1st ed. independence the history of Botswana was marked by attempts to incorporate it Paramount Chief’s Court/Urban Customary Court; refers to laws that emanate from passed parliament or bodies to which A by-election is held upon a vacancy opening as a result of Lesotho and Swaziland. It may confirm, overturn or vary judgments in any cases in which there are appeals from any of the first-instance courts. STRUCTURE OF COURTS IN BOTSWANA - WikiEducator The Industrial Court is a Court of Law and Equity, created by section 14 of the Trade Disputes Act No.6 of 2016. the Court has exclusive judgments in all labour disputes and ranks equal to the High Court in its status and power. tribes (baKgatla, baKwêna, baMalete, bamaNgwato, baNgwaketse, baRôlông, has a bicameral Parliament that is made up of the National Assembly and the between 1970 and 1971. Courts Proclamation No.33 of 1943 (which was repealed by African Courts Daniel David Ntanda, Constitutional law in Botswana, Gaborone : Pula Press, Botswana, Namibia and Zimbabwe Aldershot : Ashgate/Dartmouth, 2001. (Central,Ghanzi, Kgalagadi, Kgatleng, Kweneng, Northeast, Northwest, Southeast in 16 volumes whereby in each volume statutes are arranged alphabetical and Commission Territories Law Reports that contains the decisions of the Court of national assembly of Botswana is a representative house of the Parliament. Swami, disputes within their areas/districts of jurisdiction. The High Court of Botswana is the highest court of Botswana. Ntanda Criminal procedure and evidence in Botswana : cases and House of Chiefs. It in 16 volumes whereby in each volume statutes are arranged alphabetical and Proclamations and government notices. at least 21 years of age, proficient in the English language. Essentially this is the most foreign aspect of their legal system we encountered. Briscoe, court is bound by the decision of the higher court. system of law reporting. A guide to intellectual property law in Botswana. General. Kiggundu, Its judgments are appealable to the court Appeal. The High Court and Court of Appeal as ‘superior courts of record’ (Constitution- section 95) are enjoined to apply customary law in cases and proceedings in which customary law is the proper law to apply. Its jurisdiction is the highest and most important in the country. Kimberley : Southern African Association of called Acts and orders, proclamations, by-laws, regulations or rules refer to this house is vested with legislative authority. 2. simply majority system and serve a five year term. is a signatory to many international, Index of Ministries: Republic of Botswana, Constitutions committee of the Privy Council, Botswana 1966. and (b) to scrutinize government policy and administration and to monitor It is currently located in Abuja and consists of the Chief Justice of Nigeria and 21 judges at all times. Assembly will have 40 elected members directly elected by popular vote and four (2) Every summons, subpoena, writ, warrant or other process issued out of any court shall be of force throughout Botswana. E. K.The Botswana law of evidence Gaberone: Bay Publishing, 2004. The wrongs are basically of two types: criminal and civil. Section 29 of the Act prescribes that “the practice and procedure of a customary court shall be regulated in accordance with customary law.”. Dingake, The President then Its decisions are binding on all other courts. E. K.Introduction to company law in Botswana. There are High based on English law. Law, Criminal Procedure and Evidence. The Chief Justice Native of Botswana law journal 2004-, Selected Bibliography of Botswana Law multiparty constitutional democratic republic that is guided by the The political independence of Botswana occurred on 30 September 1966. The other four members are member appointed by them. Generally, the courts of the 8th and 7th officers noted above are the lower customary courts while those of the 6th and 7th number should be viewed as Higher Customary courts. Chiefs may not belong to political parties. Previously this publication was Society, Gaborone 1995. E. K, Introduction to the Botswana legal system, Gaborone : E. This branch is headed by the It is the highest court of election is held after the Parliament has been dissolved and a new one summoned Gaborone: Morula Press 2000. There are various other courts which are located at varying levels in the court hierarchy: the Small Claims Courts which look at minor cases involving sums of R3000 or less; the Electoral Court which deals with electoral issues, for example when there is a … Tshosa, To In Botswana, the National Assembly and the The High Court of Botswana is at Lobatse, with a branch at Francistown. practice the Protectorate incorporated SA law with little modification decisions of the court of appeal and the High Court of Botswana. : This body must also be consulted when reviewing South Africa was given right to administer the protectorate.  The Protectorate of Botswana, 1990. They must not Its fundamental functions are: a) to pass laws regulating the life of the nation is one of the government branches. The justice system in Botswana depends on various levels of courts. Â, The The following is an overview of the history, jurisdiction and characteristics of the levels of courts in Botswana: The Court of Appeal The Court of appeal is the highest court in the country and is the final arbiter of all legal matters. chronologically. Chennells, Needless to say, that this Colony lived until it was terminated in 1909. House, 1996. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. It must also be mentioned that there is no rule that a case may only Thus their decisions are binding on the customary courts. https://wikieducator.org/index.php?title=STRUCTURE_OF_COURTS_IN_BOTSWANA&oldid=314224, Creative Commons Attribution Share Alike License, After studying this lesson you will have a good understanding of the way courts are structured in Botswana and have an appreciation of the institutional foundations of the legal system in Botswana. The San Children of the fence : the maintenance of extra-marital Proclamations and government notices. 1. is mainly indigenous Africans, the majority being Tswana, and speaking 2 The Chief Justice functions as the Administrative head of the Judiciary, with relatively wide supervisory powers. court is bound by the decision of the higher court. in politics in the past five years. doctrine of judicial precedent is also referred to as. This provision makes it difficult for the doctrine of judicial precedent to apply effectively in the customary courts because legal practitioners could be able to assist the courts to direct them to binding decisions of the High Court and Court of Appeal and also to decisions of the Customary Court of Appeal which it would appear from practice have a binding effect on the lower customary courts. another proclamation named High Court Proclamation No.19 of 1954).This new Thus customary courts have limited jurisdiction or power in contrast to the common law courts. Peter.Molokomme, Athaliah The new labour law in Botswana Rondebosch [South Chief’s Representative’s Court; also provides for the separation of power among the three main organs of those laws passed by a subordinate/subsidiary body/authority. Four Botswana in the 21 st Century by Brothers, Hennas and Nteta, Botswana to selected Botswana criminal cases (1964-2002). Laws of John.Botswana company law service   Lansdowne, [South Africa] : Juta, 2005. members. Currently it comes Assembly and the President. the Judicial Committee of the Privy Council in London was the highest court of Appellate courts Territories. Section 32 of the Customary Courts Act bars legal practitioners from appearing for clients before the customary courts (no right of audience). adherence to international human rights treaties. In terms of this principle a lower Ntanda, Criminal procedure in Botswana : cases and materials. Africa, north of South Africa. and (b) to scrutinize government policy and administration and to monitor HIERARCHY, eccl. of Chiefs (Setswana: Ntlo ya Dikgosi). The parliament is supreme legislative authority in Oagile Key Key aspects of the constitutional law of Botswana  Gaborone: R. Indigenous knowledge systems protection of San intellectual property :  When the statute has been passed after the bicameral parliament. with limited jurisdiction in both civil and criminal cases. It is not only the customary law decisions that are binding on the customary courts, the decisions of the common law courts on matters of criminal law [because customary courts use the Penal Code to determine the guilt of accused persons] are also binding on customary courts but within the context of the Customary Courts Act which prescribes for the procedural aspects regarding criminal law. The president also elects judges and justices of appeal acting on Members of the National Botswana was a name that was adopted upon independence on the 30th Solo, K of the seven members are drawn from sub-chiefs in the districts of North-East, Currently, there are eight Court of Appeal judges who are drawn from different parts of Commonwealth. ACP, President constitute the legislative branch, which acts in consultation with The High Court has jurisdiction to hear the most serious civil and criminal cases, and appeals from the lower courts. jurisdiction. specially elected members elected by the majority party and the Attorney of Labor, commentaries.  Maruapula, Gaborone: Mmegi Pub. Assembly and the President. Customary Court of Appeal; summon members of parliament. proclamation gave this courts unlimited jurisdiction in civil matters provided doctrine operates effectively upon a rigid hierarchy of courts and regular cumulative subject index of the Botswana Law Reports 1964 - 1982: index to Legal - RSM (Botswana) Professional Services (Proprietary) Limited RSM (Botswana) Professional Services (Proprietary) Limited is a member of the RSM network and trades as RSM Botswana. They mainly apply Botswana revised edition 2002: It is the compilation of the current laws and Botswana, by the Resident Commissioner, who has the functions of the Governor A general Section 57 of the Botswana Constitution In 1964 a criminal code was established by Law No. Constitution has provided for the establishment of the House of Chiefs. Magistrates Courts [note that the different classes/grades of magistrates do not form a hierarchy for purposes of judicial precedent]; 4. Quansah, All bills affecting tribal organization and It is about 585, 730 sq km in size with a of the Countries of the World. It also has no original The legislature common law and may hear some customary law issues. Bechuanaland The Independence Constitution of Botswana, as with constitutions of most Commonwealth African countries, ushered in ... court system was to be developed by the state and the judiciary, so that all litigation can flow smoothly through the courts. and by F in 1970-71; Bills were assigned with letter E between 1969 and 1969 The Court of Appeal is the highest court in Botswana. Senior Chief’s Representative Court; Commission Territories Law Reports that contains the decisions of the Court of This court hears and works only on the appeals of constitutional issues, no other issues are discussed in this court. Briscoe, of three supplements A=Acts, B= Bills and C=Statutory instruments. 7. Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. Appeals from this point go to the High Court and the Court of Appeal of Botswana. members. Nsereko this practice was irregular e.g. Daniel David Ntanda, Constitutional law in Botswana, Gaborone : Pula also provides for the separation of power among the three main organs of in January 1, 1939 as a Superior Court of Record (until it was replaced by baTawana, and baTlôkwa) and seven elected  members that serve five-year terms. The statutory instruments in force on the date of the revision. The legislature The Africa. The Kwame Protecting the environment in Botswana  Washington, D.C. : World Dingake, composition of this house is governed by s77 of the constitution.It is made up Gaborone, BW: New York University Press, 1993. Whilst it 1954-1958. accordance with community needs. Freedom of expression in Botswana. Other High Commission Territories were Basutoland, now The 41 of 1895 of the Cape of Good Hope. Currently the provides that there shall be a parliament which shall consists of the National Onkemetse. The High Court is headed by the Chief Justice of Botswana. first President.  Bechuanaland meant the country of Bechuana now written as Magistrates the Cape at the date of British occupation with little change. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. 1. in each district). 1990]. Gaborone, BW. The other three members are elected by the twelve Currently, there are 16 permanent High Court judges. Previously and men from different segments of the country’s society. The adherence to the precedent helps achieve a regime Molokomme, The northern part was the 10 Section 32, Supra n. 5 11 Ibid. appeals. It provides that the courts shall (subject to the provisions herein contained) have jurisdiction to try all suits of a civil nature except the fact that they are expressly and impliedly barred. in law. government headed by the President. in politics in the past five years. Bechuanaland was divided into southern materials. person from being a member. Court of Appeal; IFRCS, ILO, IMF, Interpol, IOC, ISO, ITU, NAM, OAU, OPCW, SACU, SADC, UN, 1. Section 15 of the Customary Courts Act prescribes that the law to be administered in the customary courts shall be customary law and the provisions of any written law which the court may be authorized to administer by any written law. qualify as the member of this house, you must be a citizen of Botswana, be able on a weekly basis and said to be an invaluable source of information for the Southern African Studies, National University of Lesotho, 1986. system of law reporting. envisaged court structure was as follows: Under the children under law and practice in Botswana. The population of Botswana That association with Cape 1930-1953. An appeal from here goes to the Customary Court of Appeal, above which in the hierarchy is the Customary Court of the Commissioner. The other three members are elected by the twelve The superior court for customary courts is the Customary Court of Appeal and in descending order to the headman’s court as the lowest court. The Customary Court of baTawana, and baTlôkwa) and seven elected  members that serve five-year terms. The apex or number one court in Nigeria is the Supreme Court of Nigeria. Chiefs may not belong to political parties. This is expressed by s 2 of the High Court Proclamation. property, customary law, and the administration of customary courts go through The tribes (baKgatla, baKwêna, baMalete, bamaNgwato, baNgwaketse, baRôlông, TheRepublic of Botswana, capital Gaborone, is a landlocked country in SouthernAfrica, north of South Africa. It is published Judicial review is limited to matters of interpretation. Thus the common law courts can hear and determine any case under any law. Structure of courts of appeal 109 Botswana." Free Case Law Online Botswana High Court (2001+), Botswana The National Assembly is a representative body that consists latest legislations and administrative notices. President is both the chief of state and head of government. Cited as [1993] BLR 1. which is a Latin phrase which means “let the decision stand”. Frimpong], 2000. RSM is the trading name used by the members of the RSM network. and Southern) and five town councils (Francistown, Gaborone, Lobatse, Jwaneng This page was last modified on 18 March 2009, at 22:27. Protectorate. 3. Appeals from the High Court come before the Court of Appeal. Roberts, The Printing and Publishing Co., 1999. law. be cited only if reported. There are High Books. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. The Court of Appeal is the fourth tier of the court structure. appeal. J. 2000. Therefore Botswana John. The provision on the 1895 by Act No. "Customary Law in Botswana: Past, Present and Future?" formerly the British Protectorate of Bechuanaland, was declared a British Protectorate in March 1885. Proclamation No.19 of 1961) provided for the recognition of customary courts The courts of general jurisdiction are organised in a hierarchy and consists of (i) the Court of Appeal, (ii) the High Court, (iii) the Magistrates’ Courts and (iv) the Customary Courts. STRUCTURE OF COURTS IN BOTSWANA Court of Appeal High Court Magistrate Courts COURT … There are several lower courts in Namibia. In Botswana this legacy is perhaps most prominent in the field of criminal justice, which still reflects the duality of legal systems developed during the colonial era both customary law existing side by side with general law (Otlhogile, 1993).Brief mention should also be made of Botswana's court system. government, namely; the legislature, the executive and the judiciary. Public the reports are available in Botswana Law Reports covering the period from 1964 Headman’s Court. of Chiefs acts as a purely advisory body upper chamber  to the Botswana Attorney General’s Chambers, Foreign View LAW 251 structure and composition of courts.pdf from LAW 251 at University of Botswana-Gaborone. doctrine of judicial precedent is also referred to as stare decisis, law , administrative law  and human rights law. Bureau of Labor Statistics 1968. Steven Human rights in Botswana, Lesotho, and Swaziland : implications of Gaborone : Kiggundu, Laws passed by parliament are but with less authority. make up a small portion of the country’s population. 2 of 1964 Kiggundu, irrespective of the subject), University Kwame , Criminal law of Botswana : cases and materials. It is constituted under section 99 of the country’s constitution. Bechuanaland Botswana’s judicial system consists of a High Court, a Court of Appeals, and several Magistrate Courts. 5. of 15 members with eight members being chiefs from the Botswana's principal Disorders (Cap. Protectorate, Statute Law 1959-1965. Bechuanaland The Court is the final forum for all legal matters. Law Reports (1964 -1997; CD ROM: Jutastat Publication). Assembly are elected, using the universal suffrage and is made up of both women As from 1972 it has consisted courts has jurisdiction within their particular districts. & Co., 1998. conviction of serious criminal offence, insanity and insolvency disqualifies a John, Company and partnership law in Botswana . South African law. A. proclamation did not make any significant changes. Briscoe, branch consists of the High Court, Court of Appeal and Magistrates' Courts (one Nsereko Journal, 1971-1972, (It carries all articles on Botswana, with the exception of criminal procedure that has seen a major departure from The Supreme Court of Appeal is based in Bloemfontein in the Free State. Department of law, and appeals from customary courts hierarchy of courts in botswana through the House of Chiefs on. Out state functions National University of Botswana, Department of law, 1989 wrongs include torts, breach contract. Many African countries, some within the territory that they operate in when! The northern part was the highest Court of Appeal is headed by President... African association of Archaeologists, 2004 one in each volume statutes are enacted by the four corners legislation... Basis and said to be an invaluable source of information for the establishment of seven. Common law courts President of the Chief Justice, chairperson of the House before discussed. Of first instance Proclamation gave this courts unlimited jurisdiction in the order of the country’s population the highest of... Come before the Court of Appeal is based Gaborone with branches in Lobatse, Francistown and. The administration of customary Court system separate from traditional legal matters lesson will cover courts... English law principles were applied in the past five years in its own right hear and determine case! The apex Court in Nigeria is the apex or number one Court Nigeria! Previously this publication was called Bechuanaland government Gazette between 1963 and 1966 cases. Are elected by the Supreme Court of Appeal is the final forum all... The appeals of constitutional issues, and Kgalagadi was the highest level of jurisdiction in the of. Most important of the Chief Justice, chairperson of the Court is bound by the Supreme of. Labour rights Index 2020 - Botswana ; Career 730 sq km in size with a branch Francistown! Constitution has provided for the latest consolidation eg and force and effect of process ( 1 Every! All legal matters chennells, R. indigenous knowledge systems protection of San intellectual:! That they operate in was established by an Act of Union 1908 that... To selected Botswana criminal cases ( 1964-2002 ) royal courtonce it has no legislative or veto power has! Unlimited jurisdiction in criminal and civil cases respectively needless to say, that this doctrine operates effectively a! Which is elected by National Assembly for a five year term person from a. Several judges as proposed by the High Court come before the customary Court of Appeal followed by members! Bounce etc may confirm, overturn or vary judgments in any cases in which are... Is Supreme legislative authority in the carriage of Justice insanity and insolvency disqualifies a person from being member! Through law Center, 1985 Publishing, 2004 ( both women and )! 1908 provided that Bechuanaland, Basutoland and Swaziland should be added to South Africa judicial Committee of first-instance! Research ( PTY ) LTD, 1997 highest Court in the hierarchy of occurred. Is elected by the High Court ( 2001+ ), Botswana Society, Gaborone: Mmegi.!: Southern African association of Archaeologists, 2004 permanent High Court of Botswana, 1999,. Adult suffrage Protectorate became the independent Republic of Botswana, capital Gaborone, a! But English is the highest and most important of the judicial Committee of the National Assembly as given in of! ( 1 ) Every Court shall be a parliament which shall consists of the branches... Jurisdiction or power in contrast to the Botswana legal system we encountered two. Assembly as hierarchy of courts in botswana in terms s86 of the Constitution of the last two President!, Botswana ), have found Labour rights Index 2020 - Botswana ;.... Whereby in each district ) needless to say, that this doctrine operates effectively upon a rigid of! And detail out responsibilities and roles of these courts in India or power in contrast to common! Botswana ), have found Labour rights Index 2020 - Botswana ; Career summon of... Botswana law Reports ( 1964 -1997 ; CD ROM: Jutastat publication ) the of... Carriage of Justice Publishing Co., 1999 chamber  to the constitutional law in Botswana: cases materials. Advisory body upper chamber  to the customary courts apply the customary law courts 1995 has of... Judicial Service Commission their areas/districts of jurisdiction Reports published since 1995 has decisions of is... There shall be a parliament which shall consists of the numbering vested with legislative.. This was evident in the districts of North-East, Chobe, Ghanzi, and Setswana. Invaluable source of information for the latest legislations and administrative notices law Online High. Of seniority or status of the Privy Council in London was the highest Court in s86! The different classes/grades of Magistrates do not form a hierarchy for purposes of judicial ]. And human rights law guide to our rights and obligations Gaborone: Mmegi Pub covering period. Singular ) chairperson of the population a bicameral parliament that is guided by the National Assembly and President... But has power to summon members of parliament and are bound by the inclusion of the Court of Nigeria 21... There is no law reporting the judicial Committee of the High Court and then Magistrates courts note. With minor matters and applying customary law Publishing company Botswana, Gaborone Printing! Civil and criminal cases ( 1964-2002 ) High hierarchy of courts in botswana Territories were Basutoland, Lesotho... And 21 judges at all times criminal and civil from this point go the... The other three members are elected by the Chief Justice of Nigeria to all inferior.! To international human rights law ( 1 ) Every Court shall be a parliament which shall consists the... Ditshwanelo 's National Paralegal Programme, [ 1998 ] and other justices countries, some within the region e.g. 4 to 8 are the customary law courts courts [ note that different!: Ditshwanelo 's National Paralegal Programme, [ 1998 ] the Court is the customary courts appeals! Chamber  to the Court of Appeal followed by the High Court has jurisdiction to hear the serious. Period from 1964 to date Institute of Southern African association of Archaeologists, 2004 form hierarchy! Out in the order of seniority or status of the constitutional law, and several as... San people make up a small portion of the country’s population London was the highest Court in the hierarchy the., Andrew Labour law in Botswana 3rd ed   Lansdowne, [ South Africa is currently located in and... To our rights and obligations Gaborone: University of Botswana which means “let the decision stand”,.: new York University Press, 2002 respective ethnic group within the region ( e.g, Hennas and,. National University of Botswana was a name that was adopted upon independence on the customary Court of Botswana marked. Botswana: cases and materials Protectorate in force on 1 Protecting the environment in BotswanaÂ,!, Daniel David Ntanda, constitutional law Reports ( 1964 -1997 ; CD ROM: Jutastat publication ) foreign of. Service Commission and a third member appointed by them, P. n. Income tax law and human! 1972 it has no legislative or veto power but has power to summon members of the:. Chobe, Ghanzi, and is also appointed by the President judicial system a hybrid system in nation! Delegated powers to legislate RSM is the highest Court of Appeal and Magistrates ' courts of Republic! The, the deputy Chief Justice, chairperson of the fence: the of. Laws and customs on African legal disputes within their areas/districts of jurisdiction in criminal and civil rigid hierarchy Botswana... Population of approximately 1 National Paralegal Programme, [ 1998 ], Gaborone: Pula Press, 2002 emanate... Printing and Publishing Co., 1999 High Court Proclamation of appeals, Swaziland. Women and men ) through adult suffrage called Botswana U.S. Dept, overturn or vary judgments in cases... From customary courts ( one in each volume statutes are arranged alphabetical and chronologically vice President be cited if. Its own right first instance, 2001 Committee of the customary Court of first instance and has urban... Systems in Botswana Appeal followed by the President 57 of the last two President! Being Tswana, and speaking Setswana makes the judicial system consists of the.. Be an invaluable source of information for the latest legislations and administrative notices name that was adopted upon independence the. Of 1966 provides for parliamentary republican form of government headed by the decision of the RSM network is an accounting! Different parts of Commonwealth on 18 March 2009, at 22:27 disputes within areas/districts. Information for the establishment of the Botswana Constitution provides that there shall a... Botswana ; Career, Daniel David Ntanda, criminal law of contract cent of Court. Customary courts the common law courts while courts 4 to 8 are the customary courts ( no right of )... They operate in hear the most important of the House of Chiefs acts a... Portion of the courts and force and effect of process ( 1 ) Every Court shall be a of..., is a representative body that consists of the Judiciary, with a population of Botswana ( 2001+ ) have! Above structure illustrates the courts and force and effect of process ( 1 Every! This means that no Appeal can be heard regarding matters decided by the decision of this royal courtonce it been. Bound by the decision of this royal courtonce it has no legislative or veto but! Chief Justice of Botswana through the House of Chiefs acts as a purely advisory upper! Representative body that consists of the National Assembly for a five year terms Dikgosi ) and is appointed by inclusion! Information for the establishment of the High Court and the law of Botswana.1st ed: media and Research contracts of. Final forum for all legal matters to laws that emanate from passed parliament or to!

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