The above structure illustrates the courts of the two legal systems in Botswana. It also includes government departments and civil servants. 1 p 21 para 22. Botswana has a dual legal system; that is the received law: Roman Dutch Law existing side by side with Customary Law. The Kgotla is quite simply put, a customary court, public meeting or community council. Other areas of interest would include organizational structure of the Judiciary of Botswana and … Judges of the high court are ex officio members of the Court of Appeal. 6. 3 p 675 para 1. Courts of general jurisdiction are those, which deal with practically any kind of case, whether civil, or criminal, that may be brought before them. During colonial times, Botswana had both foreign inhabitants living side by side with the indigenous people of the country. 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. Paramount Chief’s Court/Urban Customary Court; 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 Magistrates try the bulk of the offences committed and they handle the bulk of common disputes between ordinary citizens of Botswana. 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. Restraining orders in domestic violence cases. 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. Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. Botswana's juvenile justice system was born of the Children's Act of 1981. The Premier is elected by the Members of that Provincial … The usual manner in which the courts determine the facts is through evidence given by the contestants. 3 p 732 para 11. On … This makes the judicial system a hybrid system in the nation of Botswana. Botswana has a dual legal system; that is the received law: Roman Dutch Law existing side by side with Customary Law. Thus their decisions are binding on the customary courts. THE STRUCTURE OF GOVERNMENT. This is not dissimilar to other former colonies. of Botswana Judicial Service System specifically on how the Judicial Service Commission is established, its powers and functions. Gaborone Firstly, when a dispute is brought before a court, it is the responsibility of the court to ‘determine the facts’ involved. The 2009 Children's Act was an attempt to improve on the flaws and deficiencies of the 1981 Act. 3. Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. 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. About the High Court . Among the Tswana tribes, there were several grades of customary courts, which operated within a hierarchical structure to which cases were tried. The highest court of Botswana is the Court of Appeal, which is constituted under section 99 of these Constitution and consists of a President and such number of Justices of Appeal as may be prescribed by Parliament. It currently has a total complement of nine Justices  of Appeal. The lowest division is called the Customary Court. Each … There is no law reporting of customary court cases because the principle of precedent does not apply to customary courts. Another important distinction is that between courts of general, ordinary or normal jurisdiction and courts of special jurisdiction. Retrieved from "https://wikieducator.org/Talk:STRUCTURE_OF_COURTS_IN_BOTSWANA" Navigation menu Currently, there are eight Court of Appeal judges who are drawn from different parts of Commonwealth. During colonial times, Botswana had both foreign inhabitants living side by side with the indigenous people of the country. They are therefore controlled and supervised by the High Court, through reviews and appeals. Appeals from this point go to the High Court and the Court of Appeal of Botswana. This is established by section 3 of the Customary Law Act Cap 16:01. But the growth and development of Magistrate Courts has been considerable. Essentially this is the most foreign aspect of their legal system we encountered. 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. Our legal friends and lecturers always talked about it, but remained elusive and unclear how it works in my mind. 5. The Botswana Magistracy performs a very pivotal role in the judiciary of the nation. In determining appeals from customary courts the common law courts must apply customary law. in any exploration of women’s access to justice in Botswana. The High Court is composed of the Chief Justice and several judges as proposed by the parliament. being helped. Courts have a hierarchy. Botswana has often been lauded as one of the oldest democracies in the world, and the Kgotla system bears testimony to this. It is a three-tier system, consisting of magistrates' courts, the High Court, and the Court of Appeal. The legal system comprises Roman–Dutch and customary law. 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. In 1966, there were only two magistrate courts in the country, one in Lobatse and the other in Francistown. Customary courts apply the customary law of their respective ethnic group within the territory that they operate in. The judges are appointed by the president with the advice from the Judiciary Service Commission. Botswana has a “Hybrid” legal system; meaning that both Roman-Dutch Common law (Received law or RDC law) and Customary law operate side by side. The justice system in Botswana depends on various levels of courts. THE STRUCTURE, JURISDICTION AND COMPOSITION OF THE COURTS IN BOTSWANA THE Magistrates Courts [note that the different classes/grades of magistrates do not form a hierarchy for purposes of judicial precedent]; 4. in any exploration of women’s access to justice in Botswana. Chief’s Representative’s Court; Botswana will launch 25 gender violence courts this week following a rise in cases during the coronavirus pandemic - a measure women's campaigners hope will … The full text article is not available for purchase. The High Court currently has a complement of twenty seven citizen judges. There are currently eight judges of the Court of Appeal, who are all expatriates drawn from different parts of the Commonwealth. HIGH COURTS AND MAGISTRATES COURTS CONTACTS, Gaborone -  Village  63.5.1 COMPOSITION OF THE REGIONAL TRIBUNAL The … 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. 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 … They will also learn about the establishment and operations of the Court of Appeal, High Court, Magistrate Courts, Land Tribunal and Court administration. Criminal trials- Magistrates Courts hear the bulk of criminal cases. Jurisdiction of the Magistrates court is BWP60,000.00. This makes the judicial system a hybrid system in the nation of Botswana. Magistrates' courts … The Court of Appeal is the highest court in Botswana. An appeal from here goes to the Customary Court of Appeal, above which in the hierarchy is the Customary Court of the Commissioner. 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 order of seniority or status of the court is as set out in the order of the numbering. Senior Chief’s Representative Court; Mrs H. Nuru 1. Once the facts have been established, the court proceeds to decide what law is applicable to a particular controversy or circumstance. Individuals have the … Thus customary courts have limited jurisdiction or power in contrast to the common law courts. This is the court that lies between the Magistrate Court and 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. Structure of courts of appeal 109 Botswana." Where can I get more information on this Service, Ministry of Finance and Economic Development. The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. 4 Expert affidavit vol. being helped. - Section 4.1 considers the implications for women’s access to justice that arise in the context of Botswana’s plural legal system, and specifically the customary law framework. But equally, it’s so much more than … Section 29 of the Act prescribes that “the practice and procedure of a customary court shall be regulated in accordance with customary law.”. 105-113(9) Publisher: … 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 … Civil suits; here individuals sue others for non-payment of debts, breach of contracts, etc. 63.5.1 COMPOSITION OF THE REGIONAL TRIBUNAL The … This is the court that lies between the Magistrate Court and the Court of Appeal. The Act sought to provide a comprehensive piece of legislation for the care and protection of children in need of care and the treatment of juvenile offenders. 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. Describes the structure of the courts of appeal in Botswana (the High Court is separated from the Court of Appeal), in Zimbabwe (the appeal court is termed the Supreme Court and is a separate court) and in Bophuthatswana (the Supreme Court is divided into an Appellate and a General Division); the role of customary courts; the number of sessions per annum; the number of civil … 3 FA vol. The Court of Appeal is the … - Section 4.1 considers the implications for women’s access to justice that arise in the context of Botswana’s plural legal system, and specifically the customary law framework. 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 appointment was arranged under the United Kingdom Government Special Commonwealth African Assistance Plan, and I was given special leave of absence … There are currently four locations of the High Court: Lobatse, Francistown, Maun and the headquarters in Gaborone. In conclusion, the observation is that Botswana Kgotla system has been able to mirror with modern developments in the country. Botswana has often been lauded as one of the oldest democracies in the world, and the Kgotla system bears testimony to this. Apart from the Kgotla seen as the court or arbitration place; it is also the place for socialization and cultural activities. Courts of general jurisdiction are those, which deal with practically any kind of case, whether civil, or criminal, that may be brought before them. Botswana’s judicial system consists of a High Court, a Court of Appeals, and several Magistrate Courts. Headman’s Court. Up until … 1 p 55 para 7-8; Piye affidavit vol. For this reason the Act establishes children or juvenile courts that have special rules and regulations designed to protect the identity, integrity and psychosocial welfare of the young person. RSM is the trading name used by the members of the RSM network. 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. 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. (+267) 3956381. All three divisions hear appeals from other courts, as well … Botswana has a customary court system separate from traditional legal matters. They are the magistrates' courts, the (labour) arbitration tribunals and the customary courts. 7 The Supreme Court was presided over by the Chief Justice who sat with puisne judges appointed by the Governor. 2 p 300 para 15 … Get Textbooks on Google Play. The higher the grade, the higher the jurisdiction of that magistrate in both civil and criminal matters. 2. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. In conclusion, the observation is that Botswana Kgotla system has been able to mirror with modern developments in the country. In particular, the latest Act sought to incorporate the provisions of the Convention on … 7. 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. All three divisions hear appeals from other courts, as well … An appeal from here goes to the Customary Court of Appeal, above which in … 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. Family related cases such as paternity and alimony orders. 10 Section 32, Supra n. 5 11 Ibid. Botswana Judicial branch. Apart from the Kgotla seen as the court or arbitration place; it is also the place for socialization and cultural activities. Tel. 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 comprises of the Court of Appeal and the High Court and the Magistrates Courts. T… The Chief justice is the most senior judge. The structure of the courts of appeal of Botswana, Bophuthatswana and Zimbabwe Notice. 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. 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 7 The Supreme Court was presided over by the Chief Justice who sat with puisne judges appointed by the Governor. Author: Redgment, John. 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. 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. Each … This page was last modified on 18 March 2009, at 22:27. These allegations are admitted in the AA vol. 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. 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. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. There are magistrates’ courts in each district. 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. In the hierarchy of courts above, customary courts’ appeals ultimately go to the common law courts. The most important inferior courts in Botswana are the Magistrates’ court and the customary courts. The Court of Appeal is the highest court in Botswana. Government of Botswana. Usual courts of first instance (the first courts one would approach with an issue) are either the Magistrate’s Court, the High Court, or the Industrial Court. 2. It is a superior court of record and enjoys all the powers of that tittle. This is not dissimilar to other former colonies. 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 … The document is … It comprises of the Court of Appeal and the High Court and the Magistrates Courts. 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 … 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. Get Textbooks on Google Play. Magistrate’s Courts are usually the first stop. The High Court is a superior court of record with unlimited jurisdiction. The High Court presides over matters beyond jurisdiction of the lower courts, and appeals emanating from the lower courts. 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. Copyright © 2021. The Chief Justice is both the administrative and judicial head of the judiciary. Currently, there are 16 permanent High Court … It is constituted under section 99 of the country’s constitution. Rent and save from the world's largest eBookstore. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. Appeals are made to the Court of Appeal of Botswana. 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 the court of appeal of the republic of botswana held at gaborone case no: cacgb-096-14 mahgb-000057-14 in the matter between: the attorney general st1 appellant the permanent secretary ministry of health 2nd appellant the permanent secretary ministry of defence, justice and security 3rd appellant president of the republic of botswana th4 appellant and dickson … It consists of a typical court system of local Magistrates Courts, a High Court and a Court of Appeal. At the top of the judicial pyramid is the Court of Appeal. This lesson will cover these courts and detail out responsibilities and roles of these courts in the carriage of justice. The Executive in each province is called the Executive Council and is headed by the Premier. Another important distinction is that between courts of general, ordinary or normal jurisdiction and courts of special jurisdiction. Appeals can be heard by the Court of Appeal. The above structure illustrates the courts of the two legal systems in Botswana. 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. Court of Appeal; The most important inferior courts in Botswana are the Magistrates’ court and the customary courts. (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. Up until … 1. 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. The Kgotla is quite simply put, a customary court, public meeting or community council. 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. The judicial system may fail to bring justice in criminal actions if reliable and authentic records are not presented. The publisher only permits individual articles to be downloaded by subscribers. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. 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. Private Bag  X10 Our legal friends and lecturers always talked about it, but remained elusive and unclear how it works in my mind. The High Court is composed of the Chief Justice and several judges as proposed by the parliament. 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. High Court and Industrial Court (of the same status but the industrial court is exclusively a labour issues/maters court); It sought to prevent the occurrence of juvenile delinquency and provide a humane and empowering environment for safeguarding and … There are several lower courts in Namibia. This page has been accessed 20,988 times. 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. Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. View INTRODUCTION TO BOTSWANA’S LEGAL SYSTEM[1].ppt from LAW 131 at University of Botswana-Gaborone. Section 32 of the Customary Courts Act bars legal practitioners from appearing for clients before the customary courts (no right of audience). Judicial Functions: Firstly, when a dispute is brought before a court, it is the responsibility of … The document is … The order of seniority or status of the court is as set out in the order of the numbering. These courts handle a large percentage of litigation in the country. The absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. The absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. It is constituted under section 99 of the country’s constitution. Currently, there are 16 permanent High Court judges. The way the Kgotla functions and what it stands for, is very heavily steeped in the core ideals that democracy is built on. In particular it addresses the way in which The way the Kgotla functions and what it stands for, is very heavily steeped in the core ideals that democracy is built on. Lower Courts. 8. 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. Herein the judiciary … Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. The Judge President and five citizen justices with the remainder being visiting justices. RSM is the trading name used by the members of the RSM network. The received law: Roman Dutch law existing side by side with customary law resolutions at community level Court. Is called the Executive in each province is called the Executive council and is headed by the members of nation... An attempt to improve on the customary law Act Cap 16:01 of that Magistrate in both civil criminal... 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