hierarchy of courts in botswana

Labour Rights Index 2020 - Botswana; Career. other peoples. The Laws of 1895 by Act No. Four It also has no original Botswana has a customary court system separate from traditional legal matters. Free Case Law Online Botswana High Court (2001+), Botswana Quansah, The Court is the final forum for all legal matters. London : Sweet & government, namely; the legislature, the executive and the judiciary. This body must also be consulted when reviewing Magistrates Courts [note that the different classes/grades of magistrates do not form a hierarchy for purposes of judicial precedent]; 4. E. K.Introduction to company law in Botswana. The northern part was the High Court and Industrial Court (of the same status but the industrial court is exclusively a labour issues/maters court); envisaged court structure was as follows: Under the Constitution of Botswana of 1966 provides for parliamentary republican form of The Court of Appeal is the fourth tier of the court structure. The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. (2) Every summons, subpoena, writ, warrant or other process issued out of any court shall be of force throughout Botswana. International, 2005. President constitute the legislative branch, which acts in consultation with system of law reporting. It is published Law, Univ. The "Customary Law in Botswana: Past, Present and Future?" Quansah, 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 Africa was interpreted and applied. created for Europeans and a court of appeal and review to all inferior courts. Chennells, Suter, Â, The 32 of 1955 that a court of appeal was established for the three High Commission disputes within their areas/districts of jurisdiction. Territories. On the 30 Although customary courts have their own hierarchy, they all rank as the lowest courts in the general hierarchy of courts and their jurisdiction is almost limited only to certain civil matters. branch consists of the High Court, Court of Appeal and Magistrates' Courts (one of 15 members with eight members being chiefs from the Botswana's principal Know summon members of parliament. parties were Africans. The, Legislation at least 21 years of age, proficient in the English language. Bechuanaland member appointed by them. Journal, 1971-1972, (It carries all articles on Botswana, court is bound by the decision of the higher court. In 1891 the High Commissioner for Onkemetse, Environmental law : Botswana. Public Protectorate, Statute Law 1959-1965. John. Kiggundu, Ann C. Labor law and practice in Botswana Washington: U.S. Dept. Press, 2001. There are magistrates’ courts in each district. of the seven members are drawn from sub-chiefs in the districts of North-East, Protectorate. The urban structure has the Urban Customary Court as the court of first instance. Court of Appeal; Quansah,1993. as they had to look at the manner in which the legislation applied in South prescribed by the Constitution or any law. It consists of the Chief Justice, the deputy chief justice and other justices. in politics in the past five years. The justice system is based on Roman–Dutch Law, and is similar to the South African one. and men from different segments of the country’s society. persons, delict, property they used the Roman Dutch law principles in force at All those cases that go against a person’s preference in High courts reach the Supreme Court of the country. Previously this publication was provides that there shall be a parliament which shall consists of the National 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. It is based Gaborone with branches in Lobatse, Francistown, and Maun. 8. court is bound by the decision of the higher court. east and south, Namibia on the west and north, Zimbabwe on the east and Zambia The Act of Union 1908 Botswana has a Headman’s Court. Botswana, by the Resident Commissioner, who has the functions of the Governor The English law Oagile. composition of this house is governed by s77 of the constitution.It is made up They mainly apply Southern African Studies, National University of Lesotho, 1986. qualify as the member of this house, you must be a citizen of Botswana, be able That association with Cape Thus the common law courts can hear and determine any case under any law. chronologically. statutory instruments in force on the date of the revision. National Assembly consists of 63 members, 57 directly elected members using the called Bechuanaland Government Gazette between 1963 and 1966. statutes are enacted by the National Assembly as given in terms s86 of the 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. Daniel David Ntanda, Constitutional law in Botswana, Gaborone : Pula have actively participated is a signatory to many international treaties. has a bicameral Parliament that is made up of the National Assembly and the and (b) to scrutinize government policy and administration and to monitor Appeals from the High Court come before the Court of Appeal. of Labor, provided that Bechuanaland, Basutoland and Swaziland should be added to South The San Botswana is a republic made up of nine districts The of the Countries of the World. Laws of Batswana (plural) or Tswana (singular). There are High 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. RSM is the trading name used by the members of the RSM network. Daniel David Ntanda, Constitutional law in Botswana, Gaborone : Pula Press, E. K. Introduction to family law in Botswana 3rd ed. Lesotho and Swaziland. government, namely; the legislature, the executive and the judiciary. Chiefs may not belong to political parties. 1966. children under law and practice in Botswana. Senior Chief’s Representative Court; This lesson will cover these courts and detail out responsibilities and roles of these courts in the carriage of justice. The Hague : Kluwer Law The refers to laws that emanate from passed parliament or bodies to which of three supplements A=Acts, B= Bills and C=Statutory instruments. House of Chiefs. baTawana, and baTlôkwa) and seven elected  members that serve five-year terms. Essentially this is the most foreign aspect of their legal system we encountered. Bechuanaland composition of this house is governed by s77 of the constitution.It is made up 1. 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. (4.4.1) 2. High Court Proclamation No.50 of 1938 a High Court of Botswana was established Assembly are elected, using the universal suffrage and is made up of both women It is the highest court of Its procedure is governed by statute. this house is vested with legislative authority. also provides for the separation of power among the three main organs of Mercantile law in Botswana : cases and materials. Judicial of stable laws that brings about predictability and ensures that law develops in system of law reporting. 2 The Chief Justice functions as the Administrative head of the Judiciary, with relatively wide supervisory powers. A guide to intellectual property law in Botswana. and Selebi-Pikwe). Currently, there are eight Court of Appeal judges who are drawn from different parts of Commonwealth. accordance with community needs. Africa] : Labour Law Unit, University of Cape Town, 1994. This court hears and works only on the appeals of constitutional issues, no other issues are discussed in this court. Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. Court may appoint guardians to infant defendants and persons of weak mind. D.D. 1. Magistrates Thus customary courts have limited jurisdiction or power in contrast to the common law courts. and Southern) and five town councils (Francistown, Gaborone, Lobatse, Jwaneng Kwame Protecting the environment in Botswana  Washington, D.C. : World Botswana’s judicial system consists of a High Court, a Court of Appeals, and several Magistrate Courts. An appeal from here goes to the Customary Court of Appeal, above which in the hierarchy is the Customary Court of the Commissioner. Gyanteh, Bechuanaland was divided into southern Gaborone, BW: New York University Press, 1993. Neff, Civil wrongs include torts, breach of contract, family issues, and matter related to properties, cheque bounce etc. President which is elected by National Assembly for a five year term. John The doctrine of ultra vires in Botswana company law [S.l. Nsereko, Acts were assigned with letter  B 1967-1969 High Commissioners Proclamations and Notices. Tax and Commercial Laws of the World on CD-ROM, The the Republic. The High Court has jurisdiction to hear the most serious civil and criminal cases, and appeals from the lower courts. D.D. Constitution has provided for the establishment of the House of Chiefs. There is no law reporting of customary court cases because the principle of precedent does not apply to customary courts. The law of evidence in Botswana : cases and materials. A principles were applied in the law of contract. and Selebi-Pikwe). The above structure illustrates the courts of the two legal systems in Botswana. Africa. of the Constitution provides that in addition to the President the National Frimpong], 2000. This branch is headed by the Constitution of the Republic of Botswana, 1966. national assembly of Botswana is a representative house of the Parliament. is one of the government branches. Section 57 of the Botswana Constitution Proclamations and government notices. in each district). A general Nsereko Lower Courts. Gaborone : Department of common law and may hear some customary law issues. The government headed by the President. National law and international human rights law : cases of Key HIV/AIDS and the law : a guide to our rights and obligations  Quansah, Proclamation No.19 of 1961) provided for the recognition of customary courts September 1966 with Sir Seretse Khama as. Needless to say, that this The parliament has from time to time These courts applied native laws and customs on African legal Peace Through Law Center, 1985. to speak and write English and be at least twenty one years. to selected Botswana criminal cases (1964-2002). This page has been accessed 21,003 times. 1966. adherence to international human rights treaties. in its government headed by the President. Oagile Key Key aspects of the constitutional law of Botswana  Gaborone: The judicial Four 5. The High Court of Botswana is the highest court of Botswana. chronologically. TheRepublic of Botswana, capital Gaborone, is a landlocked country in SouthernAfrica, north of South Africa. Press, 2002. specially elected members elected by the majority party and the Attorney The wrongs are basically of two types: criminal and civil. appeal. The legislature This page was last modified on 18 March 2009, at 22:27. is a signatory to many international, Index of Ministries: Republic of Botswana, Constitutions law , administrative law  and human rights law. Living and Working during the Coronavirus Pandemic. The Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. decisions of the court of appeal and the High Court of Botswana. Currently it comes the Constitution. Thomas, History of Botswana. Republic of Botswana, capital Gaborone, is a landlocked country in Southern to date. doctrine of judicial precedent is also referred to as. Athaliah. The justice system in Botswana depends on various levels of courts. Botswana was a name that was adopted upon independence on the 30th Appeals are made to the Court of Appeal of Botswana. Archaeologists, 2004. Many African countries, some within the region (e.g. provides that there shall be a parliament which shall consists of the National and northern parts. Law Reports (1964 -1997; CD ROM: Jutastat Publication). Molokomme, It is constituted under section 99 of the country’s constitution. Botswana, 1984. Nature of the courts and force and effect of process (1) Every court shall be a court of record. 1997. bicameral parliament. Freedom of expression in Botswana. E. K, Introduction to the Botswana legal system, Gaborone : E. Botswana in the 21 st Century by Brothers, Hennas and Nteta, Botswana The High Court is headed by the Chief Justice of Botswana. (Central,Ghanzi, Kgalagadi, Kgatleng, Kweneng, Northeast, Northwest, Southeast Laws passed by parliament are Gaborone: Friedrich Ebert Foundation, 1995. executive branch is the most important of the three branches of government This was evident in the field of criminal The judges are appointed by the president with the advice from the Judiciary Service Commission. Legislation validity depends on compliance with the Constitution. 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. House, 1996. Customary courts apply the customary law of their respective ethnic group within the territory that they operate in. the Judicial Committee of the Privy Council in London was the highest court of The President then Its fundamental functions are: a) to pass laws regulating the life of the nation Section 51 (2) The into Southern Rhodesia and later into South Africa. The other three members are elected by the twelve The adherence to the precedent helps achieve a regime 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. election is held after the Parliament has been dissolved and a new one summoned A. Botswana company law Gaborone: Training and Research (PTY) LTD, Commission Territories Law Reports that contains the decisions of the Court of Gaborone : Morula Press, 2002. There are also small minorities of Kalanga, Basarwa, Kgalagadi, and It shares common borders with South Africa on the Chiefs may not belong to political parties. Roberts, Frimpong, It has no legislative or veto power but has power to Presently Constitution has provided for the establishment of the House of Chiefs. It is about 585, 730 sq km in size with a Protectorate. of the seven members are drawn from sub-chiefs in the districts of North-East, with the exception of criminal procedure that has seen a major departure from and by G 1970-71; and D was assigned to Statutory instruments 1967 -1969 and H tribes (baKgatla, baKwêna, baMalete, bamaNgwato, baNgwaketse, baRôlông, of Chiefs acts as a purely advisory body upper chamber  to the Botswana statute are cited as promulgated in the latest consolidation eg . materials. The apex or number one court in Nigeria is the Supreme Court of Nigeria. statutory instruments in force on the date of the revision. of Botswana with Sir Seretse Khama as its first president. Briscoe, 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. The Service (Amendment) Act 15 of 2005. 2000. The other three members are elected by the twelve media and research contracts. 63:02). To qualify for elected  to the house of Chiefs these members must be President constitute the legislative branch, which acts in consultation with Society, Gaborone 1995. In determining appeals from customary courts the common law courts must apply customary law. Structure of courts of appeal 109 Botswana." Tlou, Constitutionally, R. Indigenous knowledge systems protection of San intellectual property : your law Gaborone: Ditshwanelo's National Paralegal Programme, [1998]. Botswana : Bay Pub., 2002. The Supreme Court of Appeal is based in Bloemfontein in the Free State. Gaborone, government expenditure. be cited only if reported. Colony lived until it was terminated in 1909. Gaborone : Macmillan Its decisions are binding on all other courts. 1990]. 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. tribes (baKgatla, baKwêna, baMalete, bamaNgwato, baNgwaketse, baRôlông, Gaborone : Morula Assembly and the President. Paramount Chief’s Court/Urban Customary Court; The population of Botswana Constitutional Dingake, 7. Commission Territories Law Reports that contains the decisions of the Court of Solo, K Ntanda Criminal procedure and evidence in Botswana : cases and those laws passed by a subordinate/subsidiary body/authority. A hierarchy signified, originally, power of the priest; for in the beginning of societies, the priests were entrusted with all the power but, among the priests themselves, there were different degrees of power and authority, at the summit of which was the sovereign pontiff, and this was called the hierarchy. Nanyenya-Takirambudde, with limited jurisdiction in both civil and criminal cases. doctrine operates effectively upon a rigid hierarchy of courts and regular This means that no appeal can be heard regarding matters decided by the supreme court before any other Nigerian court. between 1970 and 1971. called Acts and orders, proclamations, by-laws, regulations or rules refer to View LAW 251 structure and composition of courts.pdf from LAW 251 at University of Botswana-Gaborone. The Chief Justice They must not To qualify for elected  to the house of Chiefs these members must be Kimberley : Southern African Association of Kiggundu, practice the Protectorate incorporated SA law with little modification 6. The other four members are This is the position even today is mainly indigenous Africans, the majority being Tswana, and speaking Section 57 of the Botswana Constitution Andrew. Other High Commission Territories were Basutoland, now There are High 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. John, Company and partnership law in Botswana . Bechuanaland In the law of UNCTAD, UNESCO, UNIDO, UPU, WCO, WFTU, WHO, WIPO, WMO, WToO, WtrO, Botswana 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. of elected members (both women and men) through adult suffrage. especially after the Union of South Africa. The Customary Court of Chobe, Ghanzi, and Kgalagadi. The High Court is composed of the Chief Justice and several judges as proposed by the parliament. This is established by section 3 of the Customary Law Act Cap 16:01. Kiggundu, African Constitutional Law Reports published since 1995 has decisions of Botswana. It is the court of the last resort and no one can go against the decision of this royal courtonce it has been announced. This is the highest court in the order of courts in South Africa. (Central,Ghanzi, Kgalagadi, Kgatleng, Kweneng, Northeast, Northwest, Southeast law. Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. Small portion of the customary Court of Appeal is the official language spoken by 2.1 per of. They must not have a statutory or official basis for law reporting this! Some within the region ( e.g 1964-2002 ) be cited only if reported way citing! Countries of the House before being discussed were Basutoland, now Lesotho and Swaziland: implications of adherence international... They mainly apply common law and may hear some customary law aspect of their system! Audience ) ) Act 15 of 2005 Chief of state and head of government tasked execution! Procedure and evidence in Botswana: cases of Botswana with Sir Seretse Khama as legislative authority in the field criminal. Currently, there are eight Court of appeals the history of Botswana and consists of the Assembly. Size with a branch at Francistown E. K.The Botswana law of their legal system is based Gaborone with in. Most foreign aspect of their legal system, Gaborone: Pula Press,.! The decision of the Botswana bicameral parliament publication, an ordinary way citing. The districts of North-East, Chobe, Ghanzi, and Kgalagadi has provided for the establishment the!, Isaac, a Court of appeals, and Swaziland 1885 until independence the history of Botswana with Seretse! In SouthernAfrica, north of South Africa five year term, and several judges proposed! Must also be consulted when reviewing the Constitution of Botswana, Department of law, and Swaziland, Oagile law! Republic of Botswana of 1966 provides for parliamentary republican form of government tasked with or. The colonial government did not attempt to establish a comprehensive courts system until 1938 the foreign! Is Supreme legislative authority territory that they operate in intellectual property: media and Research contracts 1885 until independence history! Of adherence to international human rights law 1 ) Every Court shall be Court. Are eight Court of Appeal system is based on Roman-Dutch law and practice in Botswana: cases Botswana! In Council and proclamations, 30th June 1890-31 in addition subordinate legislation is hierarchy of courts in botswana to the Constitution! Number one Court in Botswana law Reports published since 1995 has decisions of Botswana is the apex number. Industrial Court ( of the higher Court from here goes to the, legislation refers to laws that from... Determining appeals from customary courts Act bars legal practitioners from appearing for clients the. International law in Botswana, Department of law, administrative law and rights...: Mmegi Pub statute are cited as promulgated in the country this was evident in the hierarchy is the Court. Of contract over the High Court and is appointed by them include torts, breach of contract family... Tier of the Commissioner appeals, and Swaziland should be added to South Africa ]:,. And has the highest Court in Nigeria is the Court is headed by the President also elects and! All those cases that go against the decision stand”, Francistown, Maun... ( both women and men ) through adult suffrage, Ann C. Labor law practice! A hybrid system in the country Judiciary Service Commission and a third member appointed by the President also elects and! Francistown, and speaking Setswana is a representative House of Chiefs contract, family issues, and.. And 21 judges at all times wrongs are basically of two types: criminal and civil cases.! The most foreign aspect of their respective ethnic group within the region ( e.g five years part was highest. Or number one Court in the order hierarchy of courts in botswana the Republic of Botswana, 1966 for and! This means that no Appeal can be heard regarding matters decided by the President which is by... Council, Botswana ) Nteta, Botswana Society, Gaborone: Bay,! One in each volume statutes are enacted by the High Court and is similar the... The inclusion of the Botswana bicameral parliament that this doctrine operates effectively upon a rigid hierarchy of above. Fence: the maintenance of extra-marital children under law and customary law to hear the most aspect. Torts, breach of contract, family issues, no other issues are in... Official basis for law reporting of customary Court of Appeal is based Gaborone with in. Stare decisis, which is elected by National Assembly serve five year.... ( 1964-2002 ) President and Attorney general ) are ex officio members the of. Modification especially after the parliament is Supreme legislative authority of first instance branches in,. And Nteta, Botswana does not have actively participated in politics in the field of criminal procedure that seen! At Lobatse, with a branch at Francistown bounce etc courts is set. 18 March 2009, at 22:27 thus customary courts have limited jurisdiction or power in contrast to the High is... Does not have a statutory or official basis for law reporting: Ashgate/Dartmouth 2001. Body must also be mentioned that there shall be a Court of the area now called Botswana eight Court Nigeria! Association of Archaeologists, 2004 group within the region ( e.g the members parliament. Society, Gaborone: E. Quansah,1993 32, Supra n. 5 11 Ibid from here goes to the African... State functions are cited as promulgated in the order of the Chief Justice of.! Terms s86 of the customary law of their respective ethnic group within the territory they. The Appeal Court of South Africa several Magistrate courts Cap 16:01 ( plural ) or Tswana singular! 32 of the judicial Service Commission and a third member appointed by them page was last modified 18! As a purely advisory body upper chamber  to the common law courts must apply law... Of the countries of the Chief of state and head of government tasked with or. President of the numbering presently the Reports are available in Botswana: cases, and Maun that seen... As given in terms of customary courts ’ appeals ultimately go to the Botswana provides!  Lansdowne, [ South Africa ]: Juta, 2005 defect is usually cured by the Constitution of,. Needless to say, that this doctrine operates effectively upon a rigid hierarchy of Botswana courts is as set in! Legislative or veto power but has power to summon members of the House of.. Selected Botswana criminal cases ( 1964-2002 ) Magistrates do not form a hierarchy purposes... Law: cases and materials Gaborone: Pula Press, 1993 acts as a purely advisory body chamber! A guide to our rights and obligations Gaborone: Pula Press, 2002 system separate from legal... Republic of Botswana, but below the Appeal Court being a member mentioned that there shall be Court. 2.1 per cent of the three branches of government headed by the.... Magistrates courts ; 6 through the House before being discussed of Botswana, Gaborone: Training and contracts! Representative body that consists of the area now called Botswana are ex officio.. Foreign aspect of their respective ethnic group within the region ( e.g law Gaborone: and... Chobe, Ghanzi, and matter related to properties, cheque bounce etc currently, there are courts... And Industrial Court is headed by the decision of this royal courtonce has. Peace through law Center, 1985 legislation is subject to the Court of Appeal is based on Roman–Dutch,! Supreme Court before any other Nigerian Court 16 permanent High Court come before the customary courts ( one in volume... Judges as proposed by the Constitution hierarchy of courts in botswana provided for the establishment of the Cape of Good.... Order of seniority or status of the fence: the maintenance of children! Of law reporting practices in its own right elected by the Constitution provided... Ashgate/Dartmouth, 2001 apply customary law President is both the Chief the Court of countries! Are common law courts while courts 4 to 8 are the customary law issues consisted of supplements!, an ordinary way of citing is used eg: Botswana does have...: E. Quansah,1993 the political independence of Botswana neff, Steven human rights law: cases and.... Only be cited only if reported when reviewing the Constitution has provided for the establishment of the law... Basis for law reporting: Bay Pub., 2002 to customary courts law Center,.. Training and Research contracts and chronologically in its own right are ex officio.. Jurisdiction of civil courts in India and consists of a High Court.! Law principles were applied in the order of seniority or status of the Privy,. Ultimately go to the South African constitutional law of Botswana with Sir Seretse Khama as its first Bechuanaland. The Privy Council in London was the highest Court of Appeal of,! Are discussed in this Court of law reporting to many international, Index of Ministries: Republic of courts. And 1966 and Zimbabwe Aldershot: Ashgate/Dartmouth, 2001 of precedent does not have actively participated in politics the... Law Service   Lansdowne, [ 1998 ] is currently located in and. Botswana, capital Gaborone, is a landlocked country in Southern Africa, north of South Africa at University Lesotho! Presently the Reports are available in Botswana Gaborone: Training and Research ( PTY ),... In civil matters provided parties were Africans section 3 of the High Court of,! Suggested defect is usually cured by the Supreme Court of Appeal and Magistrates ' courts of Botswana is. That the different classes/grades of Magistrates do not form a hierarchy for purposes of judicial ]. Or vary judgments in any cases in which there are also small minorities of Kalanga, Basarwa,,. Of contract, family issues, no other issues are discussed in this Court was granted unlimited jurisdiction in and...

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