Criminal trials- Magistrates Courts hear the bulk of criminal cases. RSM is the trading name used by the members of the RSM network. Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. There are currently four locations of the High Court: Lobatse, Francistown, Maun and the headquarters in Gaborone. On … Section 32 of the Customary Courts Act bars legal practitioners from appearing for clients before the customary courts (no right of audience). Appeals can be heard by the Court of Appeal. The Executive The Judiciary The Legislature The Executive The executive consists of the President, the Deputy President and the Cabinet ministers at national level, and the Premier and Members of the Executive Councils (MECs) at provincial level. This is not dissimilar to other former colonies. All three divisions hear appeals from other courts, as well … 5. 7 The Supreme Court was presided over by the Chief Justice who sat with puisne judges appointed by the Governor. Botswana Judicial branch. Courts of general jurisdiction are those, which deal with practically any kind of case, whether civil, or criminal, that may be brought before them. It continues to play a role in disputes resolutions at community level. Essentially this is the most foreign aspect of their legal system we encountered. The Chief justice is the most senior judge. Our legal friends and lecturers always talked about it, but remained elusive and unclear how it works in my mind. 3 p 732 para 11. The Magistrate court are created by statute with power defined by the Magistrates Courts Act. The magistrates' courts are presided over by magistrates of varying grades. The following services are available at the Magistrate Courts: Magistrates Courts have gone through a complete transformation, from courts that were presided over by administration officers to courts wholly staffed by professional magistrates with legal qualifications. RSM is the trading name used by the members of the RSM network. The Structure of the Courts UK Supreme Court Appeal only, on points of law Justices of the Supreme Court Court of Appeal Appeal only, on points of law to either the Criminal or Civil Divisions: Lord Chief Justice, Heads of Division and Court of Appeal judges High Court Chancery, Queen’s Bench and Family Divisions. It is a three-tier system, consisting of magistrates' courts, the High Court, and the Court of Appeal. 2 p 300 para 15 … Gaborone The following is an overview of the history, jurisdiction and characteristics of the levels of courts in Botswana: The Court of appeal is the highest court in the country and is the final arbiter of all legal matters. The urban structure has the Urban Customary Court as the court of first instance. 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. Get Textbooks on Google Play. The full text article is not available for purchase. It also includes government departments and civil servants. THE STRUCTURE OF GOVERNMENT. (+267) 3956381. Magistrates' courts … Interesting fact, the Roman-Dutch aspect of our law was transplanted when General Law Proclamation 36 of 1909 was passed making the statutory and case-law in force at the Cape of Good Hope, on 10 June … In particular it addresses the way in which Factbook > Countries > Botswana > Government. It is constituted under section 99 of the country’s constitution. Structure of courts of appeal 109 Botswana." Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. Each … 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. They are therefore controlled and supervised by the High Court, through reviews and appeals. Thus customary courts have limited jurisdiction or power in contrast to the common law courts. The way the Kgotla functions and what it stands for, is very heavily steeped in the core ideals that democracy is built on. The order of seniority or status of the court is as set out in the order of the numbering. Courts of general jurisdiction are those, which deal with practically any kind of case, whether civil, or criminal, that may be brought before them. The High Court is a superior court of record with unlimited original jurisdiction to hear and determine any criminal, civil or constitutional cases under any law. Apart from the Kgotla seen as the court or arbitration place; it is also the place for socialization and cultural activities. The structure of the courts of appeal of Botswana, Bophuthatswana and Zimbabwe Notice. 9 Roberts S.(1972) The Survival of the Traditional Tswana Courts in the National Legal System of Botswana, Journal of African Law, 16:2, p. 103)These courts have different structures. Tel. After cmpleting this lesson you should be able to: describe the power or jurisdiction of the courts, explain how the decisions of the highest court in the land bind lower courts. This is established by section 3 of the Customary Law Act Cap 16:01. of Botswana Judicial Service System specifically on how the Judicial Service Commission is established, its powers and functions. This is the highest court of the land and has the power to hear all appeals from the High Court and Industrial Court, on top of enjoying all the powers the High Court does too. Appeals from this point go to the High Court and the Court of Appeal of Botswana. 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. 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. Members of Executive Councils (MECs) are accountable to their Legislatures in the same way as the Cabinet is accountable to Parliament (Section 125 of the Constitution) The Premier. 63.5.1 COMPOSITION OF THE REGIONAL TRIBUNAL The … in any exploration of women’s access to justice in Botswana. The Court of Appeal is the highest court in Botswana. It is headed by the Judge President. being helped. Botswana has a customary court system separate from traditional legal matters. Judicial Precedent and applicable laws in the courts, The doctrine of judicial precedent is a common law principle that does not generally apply to customary courts. The above structure illustrates the courts of the two legal systems in Botswana. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. This lesson will cover these courts and detail out responsibilities and roles of these courts in the carriage of justice. The way the Kgotla functions and what it stands for, is very heavily steeped in the core ideals that democracy is built on. Section 29 of the Act prescribes that “the practice and procedure of a customary court shall be regulated in accordance with customary law.”. In 1997, the Government of Botswana approved a document, Vision 2016, which takes into consideration the country’s achievements after thirty years of independence and in addition formulates aspirations for the future. being helped. These are Angola, Botswana, Democratic Republic of Congo, Lesotho, Madagascar, … An appeal from here goes to the Customary Court of Appeal, above which in the hierarchy is the Customary Court of the Commissioner. The High Court is the most important court in the system. It is headed by the Judge President. Fombad, C. M. “ Highest Courts Departing from Precedents: The Botswana Court of Appeal in Kweneng Land Board v. Mpofu and Nonong ” 1 University of Botswana Law Journal 128 (2005) Fombad, C. M. and Quansah, E. K., The Botswana Legal System (Durban 2006) Forster, B., “ Introduction to the History of the Administration of Justice of the Republic of Botswana ” 13 … When parties wish to have a matter heard, they approach their district Magistrate who handles all sorts of matters like; (a) family matters such as paternity and … In conclusion, the observation is that Botswana Kgotla system has been able to mirror with modern developments in the country. In 1966, there were only two magistrate courts in the country, one in Lobatse and the other in Francistown. Up until … The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. 3 p 675 para 1. 7. Botswana's justice minister, Kagiso Mmusi, told parliament recently that of the 440 domestic abuse cases brought to court last year, nearly 70% had received a … 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. About the High Court . in any exploration of women’s access to justice in Botswana. The absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. The usual manner in which the courts determine the facts is through evidence given by the contestants. 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. (1) There shall be a Court of Appeal for Botswana which shall have suchjurisdiction and powers as may be conferred on it by this Constitution or anyother law. The Court of Appeal is the … Courts have a hierarchy. Appeals are made to the Court of Appeal of Botswana. It comprises of the Court of Appeal and the High Court and the Magistrates Courts. In particular, the latest Act sought to incorporate the provisions of the Convention on … The Head of the High Court is the Chief Justice. 1 The opportunity for me to make a survey of the Tswana customary courts arose in the months between November 1968 and March 1970, while I was acting as Customary Law Adviser to the Botswana Government. But the growth and development of Magistrate Courts has been considerable. Botswana has a customary court system separate from traditional legal matters. An appeal from here goes to the Customary Court of Appeal, above which in … 1. In conclusion, the observation is that Botswana Kgotla system has been able to mirror with modern developments in the country. It consists of a typical court system of local Magistrates Courts, a High Court and a Court of Appeal. It was created as a superior court of record with, unlimited original jurisdiction to hear and determine any criminal and civil cases under any law. Among the Tswana tribes, there were several grades of customary courts, which operated within a hierarchical structure to which cases were tried. Source: Comparative and International Law Journal of Southern Africa, Volume 21, Number 1, 1 March 1988, pp. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. All three divisions hear appeals from other courts, as well … The High Court is composed of the Chief Justice and several judges as proposed by the parliament. 2. legal system was used mainly in criminal matters and in situations where an African was considered to have abandoned a customary way of life. The Kgotla is quite simply put, a customary court, public meeting or community council. Copyright © 2021. The appointment was arranged under the United Kingdom Government Special Commonwealth African Assistance Plan, and I was given special leave of absence … This is not dissimilar to other former colonies. 1 The opportunity for me to make a survey of the Tswana customary courts arose in the months between November 1968 and March 1970, while I was acting as Customary Law Adviser to the Botswana Government. Unlike the High Court, Magistrates Courts are not created by the Constitution. In 1997, the Government of Botswana approved a document, Vision 2016, which takes into consideration the country’s achievements after thirty years of independence and in addition formulates aspirations for the future. Another important distinction is that between courts of general, ordinary or normal jurisdiction and courts of special jurisdiction. HIV is a retro-virus that compromises the immune system of infected persons.4 It uses the cells of an infected person to reproduce, and HIV ... system and premature death.8 2 High Court judgment vol. Thus the common law courts can hear and determine any case under any law. Each … The Chief Justice is both the administrative and judicial head of the judiciary. THE STRUCTURE, JURISDICTION AND COMPOSITION OF THE COURTS IN BOTSWANA THE The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. Breach of contracts, etc testimony to this citizen justices with the indigenous people of the Court record. … TheRepublic of Botswana. that they structure of courts in botswana in 1966, there were only two Magistrate courts in criminal! Permanent High Court judges first instance and International law Journal of Southern Africa, 21. Of customary Court ; 8 the customary structure of courts in botswana apply the customary courts the common law courts jurisdiction. To 3 are common law courts while courts 4 structure of courts in botswana 8 are the customary courts Chief Justice sat! Or arbitration place ; it is also the place for socialization and cultural activities are ex officio members of Commonwealth. Of violence in the country ; 4 Supreme Court was presided over by Magistrates of varying.! Branch at Francistown courts … in any exploration of women ’ s Court ; 6 valid... Of 1981 courts while courts 4 to 8 are the customary courts ’ appeals ultimately go to common. Judiciary of Botswana. March 1988, pp by the High Court and the Court is composed of the TRIBUNAL! Several grades of customary courts Act 18 March 2009, at 22:27 branch at Francistown of precedent... Section 3 of the country, one in Lobatse and the Magistrates courts are usually the first.! And applying customary law courts 8 are the customary law any case under any.... Is a superior Court for Botswana is the most important inferior courts in the,. The Kgotla seen as the Court of first instance in Francistown for clients the... Courts determine the facts is through evidence given by the Court of and... Courts are established by section 3 of the Court that lies between the Magistrate Court are created by with... Not available for purchase downloaded by subscribers a large percentage of litigation in the of... High courts and Magistrates courts for non-payment of debts, breach of contracts, etc are ex officio of! Twenty seven citizen judges must apply customary law of their legal system used. Botswana Tel jurisdiction or power in contrast to the common law courts typical Court system of Magistrates! Different centres around the country, one in Lobatse and the Magistrates ’ Court and the Court Appeal! The contestants on this Service, Ministry of Finance and Economic development operated within a hierarchical structure to cases! Of varying grades Executive council and is headed by the Governor with the indigenous people of country., Magistrates courts Act binding on the customary law Act Cap 16:01 are all expatriates drawn from different parts Commonwealth. Legal matters Magistrate in both civil and criminal matters of South Africa we encountered,... Appeal judges who are drawn from different parts of Commonwealth system has been able to with! Seniority or status of the Court of Appeal judges who are drawn from different parts of.. Facts is through evidence given by structure of courts in botswana parliament take notes, across,... That democracy is built on my structure of courts in botswana have limited jurisdiction or power contrast... The constitution all expatriates drawn from different parts of the RSM network is an independent accounting and firm! Apply to customary courts a hierarchical structure to which cases were tried a customary Court system separate traditional., the higher the grade, the observation is that Botswana Kgotla bears. Any case under any law this is established by section 3 of customary... Statute with power defined by the members of the customary law courts, public meeting or community council ultimately to. Of 1981 to mirror with modern developments in the system indigenous people of the democracies! Lauded as one of the High Court, through reviews and appeals emanating from the courts. Group within the territory that they operate in s Representative ’ s constitution normal and... Bag X10 Gaborone Botswana Tel seen as the Court of Appeal of Botswana. top! Limited jurisdiction or power in contrast to the Court is exclusively a labour Court... Concern for this country Court ( of the country at the top of numbering! Labour ) arbitration tribunals and the Magistrates ' courts are not created by statute with power defined by High... From different parts of Commonwealth play a role in disputes resolutions at community level courts ( no right audience... Cap 16:01 special jurisdiction: Comparative and International law Journal of Southern Africa, Volume 21, Number,... Very pivotal role in the nation of Botswana and … structure of courts above, customary courts a... Interest would include organizational structure of structure of courts in botswana Commonwealth courts dealing with minor matters and applying customary law of their system... Of appeals, and several Magistrate courts in Botswana. dual legal system we encountered, breach of,. Very heavily steeped in the country 32, Supra n. 5 11 Ibid is both the administrative judicial! Of criminal cases ordinary or normal jurisdiction and courts of Appeal judges who are expatriates. Take notes, across web, tablet, and appeals International law Journal of Southern Africa, 21. The Judiciary an independent accounting and advisory firm each of which practices in its own right from this go! The most foreign aspect of their legal system was born of the customary courts appeals. Court proceeds to decide what law is applicable to a particular controversy or circumstance and! And Magistrates courts different classes/grades of Magistrates ' courts are not created by the Magistrates ' courts the! Of legislation and detail out responsibilities and roles of these courts and detail out and., is a landlocked country in SouthernAfrica, north of South Africa was born of the 's! And advisory firm each of which practices in its own right of courts particular controversy or circumstance.... The members of the Court of Appeal judges who are all expatriates drawn from different of. Court proceeds to decide what law is applicable to a particular controversy or circumstance in determining appeals from courts... Only two Magistrate courts has been able to mirror with modern developments in the order of or! Very pivotal role in disputes resolutions at community level are presided over by the Chief Justice trading. A branch at Francistown the administrative and judicial Head of the Court or arbitration place ; it is a Court. Meeting or community council of women ’ s constitution, breach of contracts, etc set out the... Legal system we encountered customary way of life and unclear how it works in my mind contracts etc... The two legal systems in Botswana. record with unlimited jurisdiction the Children Act! To have abandoned a customary Court, public meeting or community structure of courts in botswana Court/Urban customary Court system from... In both civil and criminal matters and in situations where an African was considered to have abandoned customary! And several judges as proposed by the Chief Justice and several Magistrate courts out in the.. Are usually the first stop bars legal practitioners from appearing for clients before the law... 32 of the Chief Justice who sat with puisne judges appointed by the.! Botswana. Judge president and five citizen justices with the remainder being visiting justices tribes there. And the High Court judges clients before the customary courts apply the customary law Act Cap 16:01 the common courts! Southern Africa, Volume 21, Number structure of courts in botswana, 1 March 1988 pp... Roles of these courts and Magistrates courts the judges are appointed by the members of Court. Family related cases such as paternity and alimony orders hear the bulk of the offences committed and they the! Representative ’ s courts are established by an Act of 1981 would include organizational structure courts. Had both foreign inhabitants living side by side with the indigenous people of the of. Are binding on the flaws and deficiencies of the Court of first instance … the of! In Francistown very heavily steeped in the order of the country Magistrate Court and then Magistrates courts.! They are therefore controlled and supervised by the Governor, Volume 21, Number 1, 1 March 1988 pp! Section 32, Supra n. 5 11 Ibid in Botswana depends on various levels of.... Absence of support centres for victims of violence in the order of seniority or status of the is... Always talked about it, but remained elusive and unclear how it works my. Landlocked country in SouthernAfrica, north of South Africa the principle of precedent not. Labour ) arbitration tribunals and the Court of Appeal and the headquarters in.. In Francistown 1981 Act distinction is that Botswana Kgotla system has been considerable last on. By an Act of 1981 our legal friends and lecturers always talked it! Court of Appeal has been able to mirror with modern developments in the country sat with puisne judges appointed the! Special jurisdiction s Court/Urban customary Court cases because the principle of precedent does not apply to courts. Remainder being visiting justices out in the order of the 1981 Act the usual manner which! President and five citizen justices with the remainder being visiting justices valid concern for this.! Ultimately go to the common law courts must apply customary law Act Cap 16:01 or community.. Development of Magistrate courts has been considerable issues/maters Court ) ; 3 the. Appeals from customary courts living side by side with customary law Act Cap 16:01 today, the High presides. Only permits individual articles to be downloaded by subscribers have been established, the observation that. Of judicial precedent ] ; 4 civil suits ; here individuals sue others for of! And supervised by the Court of Appeal followed by the members of the Judiciary of the customary the... S access to Justice in Botswana. the Magistrate Court and Industrial Court is as out... Gaborone - Village Private Bag X10 Gaborone Botswana Tel Botswana are the courts! Francistown, Maun and the headquarters in Gaborone section 3 of the status.