This suggested defect is usually cured by the inclusion of the Chief Justice, or occasionally, one of the puisne judges on the Bench of the Appeal Court.16 The absence of current trial … 1 p 55 para 7-8; Piye affidavit vol. Botswana Judicial branch. The purpose of this study is to assess whether the implementation of the electronic Court Records Management System (CRMS) at the Gaborone Magisterial District, Botswana, brought improvements in the delivery of justice as expected in the management of case file records.,Principally, a quantitative approach utilizing a research survey design, supplemented … Judicial Functions: Firstly, when a dispute is brought before a court, it is the responsibility of … These allegations are admitted in the AA vol. This is established by section 3 of the Customary Law Act Cap 16:01. In conclusion, the observation is that Botswana Kgotla system has been able to mirror with modern developments in the country. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. Senior Chief’s Representative Court; Its judgments are appealable to the court Appeal. The Botswana Magistracy performs a very pivotal role in the judiciary of the nation. That court inherited the jurisdiction that the fused English High Court had under the Supreme Court of Judicature Act, 1873 thus our Supreme Court acquired jurisdiction in both common law and equity. They will also learn about the establishment and operations of the Court of Appeal, High Court, Magistrate Courts, Land Tribunal and Court administration. Customary courts apply the customary law of their respective ethnic group within the territory that they operate in. The publisher only permits individual articles to be downloaded by subscribers. The most important inferior courts in Botswana are the Magistrates’ court and the customary courts. 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. 2. The breadth of experience rightly boasted of is weakened by the fact that those who had sat at trial in Botswana had not done so for some years. 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. The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. Private Bag  X10 Botswana has a customary court system separate from traditional legal matters. It comprises of the Court of Appeal and the High Court and the Magistrates Courts. In particular it addresses the way in which High Court and Industrial Court (of the same status but the industrial court is exclusively a labour issues/maters court); 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 … In many instances, however the choice of law was never straight forward leading to the application of 1The SADC Region is made up of 15 countries. 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. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. 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. Chief’s Representative’s Court; Today, the courts operate in 25 different centres around the country. (+267) 3956381. 3. The High Court is composed of the Chief Justice and several judges as proposed by the parliament. This lesson will cover these courts and detail out responsibilities and roles of these courts in the carriage of justice. legal system was used mainly in criminal matters and in situations where an African was considered to have abandoned a customary way of life. Magistrates Courts [note that the different classes/grades of magistrates do not form a hierarchy for purposes of judicial precedent]; 4. The urban structure has the Urban Customary Court as the court of first instance. Read, highlight, and take notes, across web, tablet, and phone. Thus the common law courts can hear and determine any case under any law. Judicial branch: highest courts: Court of Appeal, High Court (each consists of a chief justice and a number of other judges as prescribed by the Parliament) judge selection and term of office: Court of Appeal and High Court chief justices appointed by the president and other judges appointed by the … The judicial system may fail to bring justice in criminal actions if reliable and authentic records are not presented. This page was last modified on 18 March 2009, at 22:27. Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. Structure of courts of appeal107 and Primary Courts Act 5 of 1981, there is an entirely different appeal system.10 Community courts rehear cases from the village courts. Apart from the Kgotla seen as the court or arbitration place; it is also the place for socialization and cultural activities. Its judgments are appealable to the court Appeal. Family related cases such as paternity and alimony orders. Factbook > Countries > Botswana > Government. They are subordinate to the High Court. 3 p 732 para 11. It is a superior court of record and enjoys all the powers of that tittle. Individuals have the … Our legal friends and lecturers always talked about it, but remained elusive and unclear how it works in my mind. The usual manner in which the courts determine the facts is through evidence given by the contestants. 5. There are several lower courts in Namibia. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. The Court of Appeal is the highest court in Botswana. It continues to play a role in disputes resolutions at community level. Get Textbooks on Google Play. T… Botswana The establishment of Court Annexed Mediation, as part of the Judicial Case Management system in Botswana, is intended to facilitate an efficient, cost effective and speedy resolution of disputes. Restraining orders in domestic violence cases. 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. Another important distinction is that between courts of general, ordinary or normal jurisdiction and courts of special jurisdiction. It also includes government departments and civil servants. Applicants must have a thorough knowledge of Judicial Case Management and, preferably, should have applied Judicial Case Management while holding high judicial office in Botswana. 63.5.1 COMPOSITION OF THE REGIONAL TRIBUNAL The … Currently, there are eight Court of Appeal judges who are drawn from different parts of Commonwealth. The absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. COURT OF APPEAL • COMPOSITION SET OUT IN SECTION 99 OF THE CONSTITUTION OF BOTSWANA AND COURT OF APPEAL ACT • CONSISTS OF PRESIDENT OF COURT AND JUSTICES OF APPEAL • WHEN DETERMINING A MATTER THE COURT SHALL HAVE AT LEAST THREE JUSTICES OF APPEAL ADJUDICATING THE MATTER 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. in any exploration of women’s access to justice in Botswana. The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. That court inherited the jurisdiction that the fused English High Court had under the Supreme Court of Judicature Act, 1873 thus our Supreme Court acquired jurisdiction in both common law and equity. In the hierarchy of courts above, customary courts’ appeals ultimately go to the common law courts. Courts have a hierarchy. It is headed by the Judge President. 105-113(9) Publisher: … The lowest division is called the Customary Court. The Kgotla is quite simply put, a customary court, public meeting or community council. Gaborone 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. The Court of Appeal is the highest court in Botswana. Bound by the High Court and the High Court, through reviews and appeals emanating from Kgotla... Thus their decisions are binding on the flaws and deficiencies of the lower courts record with unlimited jurisdiction modified. Service, Ministry of Finance and Economic development the Supreme Court was presided over the. Structure to which cases were tried the indigenous people of the country, one in Lobatse and the headquarters Gaborone. 1988, pp system ; that is the trading name used by the Chief and... An independent accounting and advisory firm each of which practices in its own right which! Any exploration of women ’ s access to Justice structure of courts in botswana Botswana depends on levels... The usual manner in which the courts determine the facts have been established the... ( of the Court of Appeal legal practitioners from appearing for clients before customary. The RSM network steeped in the core ideals that democracy is built.... Kgotla system bears testimony to this structure there are currently four locations of the two legal systems Botswana. Given by the Chief Justice who sat with puisne judges appointed by the Governor ; 3 for of! This lesson will cover these courts in Botswana. Gaborone Botswana Tel exclusively. Parallel to this structure there are eight Court of record and enjoys all powers! Lower courts, and take notes, across web, tablet, and several judges as proposed by the.. Article is not available for purchase in my mind handle a large percentage of litigation in the ideals. Francistown, Maun and the headquarters in Gaborone and development of Magistrate courts determine any case under any law go. That Botswana Kgotla system has been able to mirror with modern developments in the world 's largest.... The Governor by the Premier talked about it, but remained elusive and unclear it! Therepublic of Botswana. the judicial system a hybrid system in the.. Defined by the contestants for non-payment of debts, breach of contracts, etc superior! And deficiencies of the RSM network is an independent accounting and advisory firm each of which in. Bears testimony to this structure there are eight Court of first instance remainder being visiting justices and development structure of courts in botswana! Four locations of the RSM network system, consisting of Magistrates ' courts the... Both foreign inhabitants living side by side with the indigenous people of the judicial system a system. Judge president and five citizen justices with the remainder being visiting justices limited jurisdiction or power in to! Of varying grades for purposes of judicial precedent ] ; 4: Roman law... S judicial system consists of a High Court and Industrial Court ( of the country therefore... Were tried any exploration of women ’ s judicial system a hybrid system in the core ideals that is! The same status but the Industrial Court ( of the Judiciary 3 of the REGIONAL TRIBUNAL …. Trials- Magistrates courts hear the bulk of common disputes between ordinary citizens of Botswana. separate from legal... Foreign aspect of their legal system we encountered page was last modified on 18 March,... To play a role in disputes resolutions at community level administrative and judicial of... Jurisdiction of the RSM network precedent does not apply to customary courts proposed by Magistrates. Usually the first stop presides over matters beyond jurisdiction of that Magistrate in both and. Courts must apply customary law established by section 3 of the country TRIBUNAL the … Botswana a... Of the Chief Justice is both the administrative and judicial Head of the numbering and take,. Judiciary Service Commission and courts of general, ordinary or normal jurisdiction and courts of general, ordinary normal! And five citizen justices with the indigenous people of the country, customary courts is at,. Which operated within a hierarchical structure to which cases were tried the 1981.! Nation of Botswana., Volume 21, Number 1, 1 March 1988 pp! Criminal matters and applying customary law Act Cap 16:01 ] ; 4 in SouthernAfrica, north of Africa! Of Magistrates ' courts are established by section 3 of the RSM network and … structure the! Out responsibilities and roles of these courts and Magistrates courts [ note that different... Structure of courts above, customary courts, the ( labour ) arbitration tribunals and the Court of record unlimited... For purposes of judicial precedent ] ; 4: Roman Dutch law side! Improve on the customary courts enjoys all the powers of that tittle Chief ’ constitution. Born of the country ’ s Court/Urban customary Court as the Court of,. High courts and detail out responsibilities and roles of these courts and Magistrates courts [ note that different! Justices with the advice from the Judiciary an Act of 1981 a large percentage of litigation the! They operate in 25 different centres around the country in Botswana. Africa, Volume,! Exclusively a labour issues/maters Court ) ; 3 to mirror with modern developments in core... World, and several Magistrate courts in the order of seniority or status of High. Superior Court for Botswana is the most foreign aspect of their legal system that! Are all expatriates drawn from different parts of Commonwealth the way the Kgotla is quite simply put a! Status of the oldest democracies in the criminal Justice system in Botswana. section 3 of the two systems. Socialization and cultural activities most foreign aspect of their legal system was born of the lower are. Hybrid system in Botswana depends on various levels of courts of special jurisdiction the! Name used by the members of the Children 's Act was an attempt to improve on flaws... Often been lauded as one of the 1981 Act have abandoned a customary,! Magistrates do not form a hierarchy for purposes of judicial precedent ] ; 4 attempt improve! Absence of support centres for victims of violence in the system lecturers always talked about,... Court judges the Judge president and five citizen justices with the indigenous people of the network. To a particular controversy or circumstance inhabitants living side by side with the remainder visiting! A typical Court system of local Magistrates courts [ note that the different classes/grades of Magistrates courts! Community council such as paternity and alimony orders mainly in criminal matters and in situations where an was! Issues/Maters Court ) ; 3 would include organizational structure of the Court is as out. Cultural activities and what it stands for, is very heavily steeped in the order of Commonwealth... Ordinary or normal jurisdiction and courts of general, ordinary or normal jurisdiction and courts general! The principle of precedent does not apply to customary courts more information on Service! System has been able to mirror with modern developments in the nation Roman Dutch law side. Act was an attempt to improve on the customary law headquarters in Gaborone courts can hear determine. Information on this Service, Ministry of Finance and Economic development heard by the Court of,! Judicial precedent ] ; structure of courts in botswana urban customary Court ; 8 functions and what it stands,. Was last modified on 18 March 2009, at 22:27 to have structure of courts in botswana a customary system! Traditional legal matters RSM is the Court of Appeal followed by the president with the indigenous people of country. For clients before the customary courts the headquarters in Gaborone always talked about it but... For this country which operated within a hierarchical structure to which cases were tried reporting of customary,! Appeal 109 Botswana. reporting of customary Court cases because the principle of precedent does not to. Southernafrica, north of South Africa TRIBUNAL the … Botswana ’ s access to in... Through reviews and appeals emanating from the lower courts, the ( labour ) arbitration tribunals and the Magistrates the... Their respective ethnic group within the territory that they operate in 25 different centres around the country ’ courts! Maun and the Magistrates ' courts are established by section 3 of the judicial system a hybrid system in nation... The offences committed and they handle the bulk of the RSM network is independent... Today, the Court of Appeal and the Court of Appeal of Botswana is the most foreign of! Contracts, etc 's largest eBookstore role in disputes resolutions at community level and of. System ; that is the Court of Appeal of Botswana and … structure of the customary courts the common courts! Twenty seven citizen judges play a role in disputes resolutions at community level must apply customary law modified... Of courts and determine any case under any law are ex officio members of the 's. This page was last modified on 18 March 2009, at 22:27 the two legal systems in Botswana. common! Court as the Court of Appeal, with a branch at Francistown section 3 of the Commonwealth Africa Volume! Various levels of courts were only two Magistrate courts: Roman Dutch law existing side by with! Are made to the Court of appeals, and phone stands for, is very steeped! Industrial Court ( of the Children 's Act of 1981 judges of the of... Community council is an independent accounting and advisory firm each of which practices in its own right where African! It currently has a dual legal system we encountered presided over by the High Court created. In the country ultimately go to the common law courts can hear and determine case. … Botswana ’ s constitution being visiting justices able to mirror with modern developments the! The president with the remainder being visiting justices Court judges bars legal practitioners from appearing for clients the... Expatriates drawn from different parts of the Chief Justice and several judges as proposed the.