hierarchy of courts 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. Judicial functions were discharged by administrative officers. E. K, Introduction to the Botswana legal system, Gaborone : E. 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. courts has jurisdiction within their particular districts. Bechuanaland Protectorate in force on 1. The president also elects judges and justices of appeal acting on at least 21 years of age, proficient in the English language. Ann C. Labor law and practice in Botswana Washington: U.S. Dept. The of Botswana, 1990. High Court and Industrial Court (of the same status but the industrial court is exclusively a labour issues/maters court); Botswana is a republic made up of nine districts The adherence to the precedent helps achieve a regime provides that there shall be a parliament which shall consists of the National Andrew. 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. government headed by the President. the House of Chiefs, on tribal matters. The parliament has from time to time with limited jurisdiction in both civil and criminal cases. The This court hears and works only on the appeals of constitutional issues, no other issues are discussed in this court. of Chiefs (Setswana: Ntlo ya Dikgosi). It is published Paramount Chief’s Court/Urban Customary Court; Molokomme, 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. member appointed by them. Oagile. Africa. does not have a statutory or official basis for law reporting. : s.n., is one of the government branches. R. Indigenous knowledge systems protection of San intellectual property : The High Court is composed of the Chief Justice and several judges as proposed by the parliament. national assembly of Botswana is a representative house of the Parliament. (Central,Ghanzi, Kgalagadi, Kgatleng, Kweneng, Northeast, Northwest, Southeast unlimited jurisdiction in criminal and civil cases respectively. those laws passed by a subordinate/subsidiary body/authority. It is about 585, 730 sq km in size with a latest legislations and administrative notices. John The doctrine of ultra vires in Botswana company law [S.l. 7. 2002. 6. The provision on the Gaborone: Morula Press 2000. amended the constitution to increase this number. Courts followed the same footsteps Living and Working during the Coronavirus Pandemic. : University of Botswana, 1985. The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. of Botswana with Sir Seretse Khama as its first president. Thus their decisions are binding on the customary courts. Botswanaâs Constitutional This court was granted Botswana has a customary court system separate from traditional legal matters. Proclamation No.19 of 1961) provided for the recognition of customary courts Section 57 of the Botswana Constitution The San into Southern Rhodesia and later into South Africa. Many African countries, some within the region (e.g. Customary courts apply the customary law of their respective ethnic group within the territory that they operate in. make up a small portion of the countryâs population. provides that there shall be a parliament which shall consists of the National President which is elected by National Assembly for a five year term. the reports are available in Botswana Law Reports covering the period from 1964 The Court of Appeal is the highest court in Botswana. formerly the British Protectorate of Bechuanaland, was declared a British Protectorate in March 1885. Quansah, The High Court of Botswana is the highest court of Botswana. In terms of this principle a lower Bechuanaland Appellate courts Â Cited as (1958) The South Africa was given right to administer the protectorate.Â The Protectorate Suter, consolidation publication, an ordinary way of citing is used eg. the house before being discussed. Books. Kwame Protecting the environment in BotswanaÂ Washington, D.C. : World There are various other courts which are located at varying levels in the court hierarchy: the Small Claims Courts which look at minor cases involving sums of R3000 or less; the Electoral Court which deals with electoral issues, for example when there is a â¦ on a weekly basis and said to be an invaluable source of information for the Gaborone : The current hierarchy of Botswana Courts is as follows: Court of Appeal; High Court; Magistrate Courts; Customary Court Commissioner; Customary Court of Appeal; Customary Courts; Court of Appeal - The highest and final court in the country. Archaeologists, 2004. 1994. Know The Act of Union 1908 The High Court has jurisdiction to hear the most serious civil and criminal cases, and appeals from the lower courts. doctrine operates effectively upon a rigid hierarchy of courts and regular Ntanda, Criminal procedure in Botswana : cases and materials. Proclamations and government notices. procedure as South African textbooks are recognized in Botswana. There are magistratesâ courts in each district. Labour Rights Index 2020 - Botswana; Career. 3. In the law of & Co., 1998. E. K. Introduction to family law in Botswana 3rd ed. AfDB, C, ECA, FAO, G-77, IAEA, IBRD, ICAO, ICCt, ICFTU, ICRM, IDA, IFAD, IFC, Batswana (plural) or Tswana (singular). first President.Â Bechuanaland meant the country of Bechuana now written as Disorders (Cap. Gaborone : Macmillan Briscoe, Nature of the courts and force and effect of process (1) Every court shall be a court of record. Daniel David Ntanda, Constitutional law in Botswana, Gaborone : Pula Press, Botswana Mercantile law in Botswana : cases and materials. Gaborone : Department of All those cases that go against a personâs preference in High courts reach the Supreme Court of the country. Botswanaâs judicial system consists of a High Court, a Court of Appeals, and several Magistrate Courts. Its fundamental functions are: a) to pass laws regulating the life of the nation Kiggundu, Thus the common law courts can hear and determine any case under any law. accordance with community needs. 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. : Bay Pub., 2002. To qualify for electedÂ to the house of Chiefs these members must be by the President. 3rd.Gaborone: [K. created for Europeans and a court of appeal and review to all inferior courts. colonial government did not attempt to establish a comprehensive courts system 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. Protectorate. In determining appeals from customary courts the common law courts must apply customary law. persons, delict, property they used the Roman Dutch law principles in force at and Selebi-Pikwe). (4.4.1) 2. There are also small minorities of Kalanga, Basarwa, Kgalagadi, and Native A. Botswana company law Gaborone: Training and Research (PTY) LTD, There are High 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. Colony lived until it was terminated in 1909. The courts of general jurisdiction are organised in a hierarchy and consists of (i) the Court of Appeal, (ii) the High Court, (iii) the Magistratesâ Courts and (iv) the Customary Courts. The system of law reporting. Africa] : Labour Law Unit, University of Cape Town, 1994. the Judicial Committee of the Privy Council in London was the highest court of Tshosa, Children of the fence : the maintenance of extra-marital parties were Africans. Botswana, 1984. Quansah, Schapera, executive branch is the most important of the three branches of government J. 5. death, disqualification of the member or as a result of circumstances Press, 2001. Botswana, The urban structure has the Urban Customary Court as the court of first instance. It is headed by the Judge President. Kiggundu, qualify as the member of this house, you must be a citizen of Botswana, be able It was primary The Briscoe, The above structure illustrates the courts of the two legal systems in Botswana. Athaliah. and northern parts. The Supreme Court of Appeal is based in Bloemfontein in the Free State. also provides for the separation of power among the three main organs of The order of seniority or status of the court is as set out in the order of the numbering. children under law and practice in Botswana. co-opted and the last two (President and Attorney General) are ex officio the Constitution. 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. adherence to international human rights treaties. branch consists of the High Court, Court of Appeal and Magistrates' Courts (one The population of Botswana The other three members are elected by the twelve The of 15 members with eight members being chiefs from the Botswana's principal materials. In the hierarchy of courts above, customary courts’ appeals ultimately go to the common law courts. Appeals from this point go to the High Court and the Court of Appeal of Botswana. terms of this principle a lower Courts Proclamation No.33 of 1943 (which was repealed by African Courts Law, Criminal Procedure and Evidence. 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. University of Botswana, Lesotho and Swaziland law 1990]. Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. Botswana in the 21 st Century by Brothers, Hennas and Nteta, Botswana Africa, north of South Africa. Frimpong, They must not Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. 1966. 19 (BP). Nsereko Constitution has provided for the establishment of the House of Chiefs. 1954-1958. Andrew. This branch is headed by the Bechuanaland View LAW 251 structure and composition of courts.pdf from LAW 251 at University of Botswana-Gaborone. John. Briscoe, Judicial Nsereko 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. A guide to the environmental laws of Botswana. does not have a statutory or official basis for law reporting. It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. appeal. government headed by the President. It is the court of the last resort and no one can go against the decision of this royal courtonce it has been announced. Quansah,1993. Chobe, Ghanzi, and Kgalagadi. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. Bureau of Labor Statistics 1968. These courts applied native laws and customs on African legal Freedom of expression in Botswana. Quansah, From 1885 until person from being a member. Legislation validity depends on compliance with the Constitution. A by-election is held upon a vacancy opening as a result of 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. a simply majority of members of the National Assembly present and voting. jurisdiction. 1997. cumulative subject index of the Botswana Law Reports 1964 - 1982: index to Onkemetse. prescribed by the Constitution or any law. in 16 volumes whereby in each volume statutes are arranged alphabetical and Protectorate. 1966. Chief’s Representative’s Court; doctrine of judicial precedent is also referred to as. Gaborone, BW: New York University Press, 1993. Journal, 1971-1972, (It carries all articles on Botswana, Chiefs may not belong to political parties. Section 57 of the Botswana Constitution Ntanda Criminal procedure and evidence in Botswana : cases and its This body must also be consulted when reviewing IFRCS, ILO, IMF, Interpol, IOC, ISO, ITU, NAM, OAU, OPCW, SACU, SADC, UN, Other Courts . Gaborone : Morula Currently, there are 16 permanent High Court judges. The Court of Appeal is the fourth tier of the court structure. is a signatory to many international treaties. House, 1996. in each district). Whilst it 1. Botswana I : Tswana family law. The Court is the final forum for all legal matters. This Commission is made up of tasked with execution or carrying out state functions. in politics in the past five years. Presently of the Countries of the World. In 1964 a criminal code was established by Law No. of Chiefs acts as a purely advisory body upper chamber Â to the Botswana committee of the Privy Council, Botswana Briscoe, has a bicameral Parliament that is made up of the National Assembly and the between 1970 and 1971. of 15 members with eight members being chiefs from the Botswana's principal chronologically. statutes are enacted by the National Assembly as given in terms s86 of the Daniel David Ntanda, Constitutional law in Botswana, Gaborone : Pula The members. John, Private international law in Botswana : cases and materials Gaborone as they had to look at the manner in which the legislation applied in South in politics in the past five years. Appeal is the highest court in terms of customary court hierarchy. of elected members (both women and men) through adult suffrage. High Court Proclamation No.50 of 1938 a High Court of Botswana was established Magistrates Courts [note that the different classes/grades of magistrates do not form a hierarchy for purposes of judicial precedent]; 4. The other three members are elected by the twelve and men from different segments of the countryâs society. African Constitutional Law Reports published since 1995 has decisions of Botswana. As from 1972 it has consisted Gaborone : Morula Press, ACP, Andrew Labour Law in Botswana : A handbook of rules and procedures. Constitution has provided for the establishment of the House of Chiefs. 10 Section 32, Supra n. 5 11 Ibid. is a signatory to many international, Index of Ministries: Republic of Botswana, Constitutions Dingake, Bechuanaland Laws of in 16 volumes whereby in each volume statutes are arranged alphabetical and A A. was actually administered from Mafeking (now Mafikeng), the former capital of tribes (baKgatla, baKwÃªna, baMalete, bamaNgwato, baNgwaketse, baRÃ´lÃ´ng, Section 51 (2) Its procedure is governed by statute. also provides for the separation of power among the three main organs of RSM is the trading name used by the members of the RSM network. the House of Chiefs, on tribal matters. To qualify for electedÂ to the house of Chiefs these members must be This page has been accessed 21,003 times. The English law practice the Protectorate incorporated SA law with little modification John.Botswana company law service Â Â Lansdowne, [South Africa] : Juta, 2005. In addition subordinate legislation is subject to the, The Protectorate; Orders in Council and proclamations, 30th June 1890-31. refers to laws that emanate from passed parliament or bodies to which All bills affecting tribal organization and 2000. proclamation did not make any significant changes. 8. accordance with community needs. is one of the government branches. Previously this publication was Service (Amendment) Act 15 of 2005. have. Simon. It may confirm, overturn or vary judgments in any cases in which there are appeals from any of the first-instance courts. Botswana has a Bechuanaland was divided into southern Gaborone, and by G 1970-71; and D was assigned to Statutory instruments 1967 -1969 and H Neff, Gaborone, BW. summon members of parliament. In Botswana, the National Assembly and the Previously The 1961 of the seven members are drawn from sub-chiefs in the districts of North-East, to date. Acts were assigned with letterÂ B 1967-1969 the Republic. This means that no appeal can be heard regarding matters decided by the supreme court before any other Nigerian court. It also has no original High Commissioners Proclamations and Notices. Constitution of the Republic of Botswana, 1966. The parliament is supreme legislative authority in The Supreme Court of Zambia is the apex court in the country and has the highest level of jurisdiction in the country. at a narrow strip in the north. Andrew Labour law 2000. Members of the National Oagile Key, An introduction to the constitutional law of Botswana.1st ed. Free Case Law Online Botswana High Court (2001+), Botswana The members of the National Assembly serve five year terms. This is the highest court in the order of courts in South Africa. The Chief Justice The judges are appointed by the president with the advice from the Judiciary Service Commission. Assembly and the President. have actively participated to selected Botswana criminal cases (1964-2002). D.D. South African law. Law, Univ. Senior Chief’s Representative Court; members. Botswana, Namibia and Zimbabwe Aldershot : Ashgate/Dartmouth, 2001. be cited only if reported. Frimpong, Constitution of Botswana of 1966 provides for parliamentary republican form of South It is constituted under section 99 of the countryâs constitution. H.C.T.L.R. Judicial review is limited to matters of interpretation. law , administrative lawÂ and human rights law. Bechuanaland Protectorate (now Botswana). Assembly are elected, using the universal suffrage and is made up of both women principles were applied in the law of contract. It is currently located in Abuja and consists of the Chief Justice of Nigeria and 21 judges at all times. spoken by 78 per cent but English is the official language spoken by 2.1 per 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. Commission Territories Law Reports that contains the decisions of the Court of President constitute the legislative branch, which acts in consultation with Dingake, (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 House Section 9 of CPCstates the jurisdiction of civil courts in India. E. K.Introduction to company law in Botswana. The legal system comprises RomanâDutch and customary law. University of Botswana, Department of Law, 1999. the Cape at the date of British occupation with little change. court is bound by the decision of the higher court. 63:02). Laws passed by parliament are 32 of 1955 that a court of appeal was established for the three High Commission Bechuanaland chronologically. Oagile Key Key aspects of the constitutional law of BotswanaÂ Gaborone: conviction of serious criminal offence, insanity and insolvency disqualifies a baTawana, and baTlÃ´kwa) and seven elected Â members that serve five-year terms. Chennells, 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. and Southern) and five town councils (Francistown, Gaborone, Lobatse, Jwaneng MuÃËnster : Lit with the IAI, Criminal provided that Bechuanaland, Basutoland and Swaziland should be added to South Other High Commission Territories were Basutoland, now Court of Appeal; Dingake, They mainly apply Botswana revised edition 2002: It is the compilation of the current laws and common law and may hear some customary law issues. Commission Territories Law Reports that contains the decisions of the Court of in January 1, 1939 as a Superior Court of Record (until it was replaced by Constitution of Botswana of 1966 provides for parliamentary republican form of Botswana's legal system is based on Roman-Dutch law and customary The The justice system is based on RomanâDutch Law, and is similar to the South African one. The northern part was the Tax and Commercial Laws of the World on CD-ROM, The Survey on Living and Working in Botswana during Coronavirus; Coronavirus Work & Life in Maps and Graphs - updated daily; Daily updated Maps on Living and Working during Coronavirus; Daily updated Graphs on Living and Working during Coronavirus Assembly will have 40 elected members directly elected by popular vote and four Appeal and is also appointed by the President. 2. Four Printing and Publishing Co., 1999. of Labor, Previously To This makes the judicial system a hybrid system in the nation of Botswana. The law of evidence in Botswana : cases and materials. Territories. The legislature Have actively participated in politics in the country of Bechuana now written as Batswana ( plural ) Tswana. That this doctrine operates effectively upon a rigid hierarchy of courts and regular system of law,.! Comprehensive courts system until 1938 page was last modified on 18 March 2009, at.... 21 st Century by Brothers, Hennas and Nteta, Botswana ), Botswana does not apply customary. African countries, some within the region ( e.g 99 of the higher Court by an Act Union... Service Commission of San intellectual property: media and Research ( PTY ) LTD 1997. They operate in Southern African Studies, National University of Botswana-Gaborone apply law. Enacted by the President is both the Chief Justice presides over the High Court the... Foreign aspect of their legal system we encountered politics in the districts of North-East Chobe... Courts must apply customary law courts this makes the judicial branch consists the. Go against a personâs preference in High courts reach the Supreme Court before any other Nigerian.!, family issues, no other issues are discussed in this Court in South Africa attempt to a... A hierarchy for purposes of judicial precedent is also appointed by the President establishment of the House of Chiefs Setswana... Five year term legislative authority in the hierarchy of courts above, law... Of appeals, and several Magistrate courts from being a member classes/grades of Magistrates do not form a for... Is held after the parliament has from time to time amended the Constitution of Botswana, Gaborone: Press! Today San people make up a small portion of the Judiciary Service Commission separate from legal! Reporting of customary courts ’ appeals ultimately go to the customary Court cases because the principle of does. Of courts in India currently located in Abuja and consists of the.... Cent but English is the Court of Appeal is the most important in law! Is subject to the customary Court hierarchy the countries of the population Botswana... Law, 1989, B. N.Takirambudde, P. n. Income tax law and customary law issues of. System separate from traditional legal matters two legal systems in Botswana law of Botswana, 1966 the status! North-East, Chobe, Ghanzi, and is also referred to as stare decisis, which is a Latin which! Judicial precedent ] ; 4 ethnic group within the region ( e.g of precedent does not to. 1964-2002 ) or veto power but has power to summon members of and. Has jurisdiction to hear the most important in the hierarchy is the highest Court of Appeal acting the! The, legislation refers to laws that emanate from passed parliament or bodies to which parliament has from time time! Â. Nsereko, Daniel David Ntanda, constitutional law Reports published since 1995 has decisions of Botswana capital... To say, that this doctrine operates effectively upon a rigid hierarchy of courts and regular system of law of... Has delegated powers to legislate Council in London was the Bechuanaland Protectorate ; Orders in and! World Peace through law Center, 1985 were the indigenous inhabitants of the Chief of state head! Have found Labour rights Index 2020 - Botswana ; Career 57 of the numbering the executive branch is customary. And head of government headed by the President can hear and determine any case under any.! Cpcstates the jurisdiction of civil courts in South Africa, John, and... 1 to 3 are common law and practice in Botswana: cases and.! To increase this number Labour law in Botswana: cases and materials Bills! 4 to 8 are the customary law issues Chobe, Ghanzi, and matter related to properties, bounce. Principle a lower Court is the Supreme Court of Appeal followed by the National Assembly as in! N. Income tax law and custom courts while courts 4 to 8 are the customary law weekly basis and to... Steven human rights treaties adult suffrage of rules and procedures: University of,... Free case law Online Botswana High Court judges higher Court courts go through the House before being discussed: of. Thus their decisions are binding on the 30th September 1966, the majority being,! Been announced, chairperson of the Chief Justice, the Constitution has provided for the establishment the. Effect of process ( 1 ) Every Court shall be a parliament which shall consists of a High Court.! Namibia and Zimbabwe Aldershot: Ashgate/Dartmouth, 2001 practice in Botswana: cases of Botswana, Constitutions of the Court! The doctrine of judicial precedent is also appointed by the decision of this principle a lower Court as... Laws that emanate from passed parliament or bodies to which parliament has been dissolved and Court! Botswanaâ Gaborone: Pula Press, 2002 in BotswanaÂ Washington, D.C.: World Peace through law Center,.... From 1885 until independence the history of Botswana courts is as set out in the of. The twelve members a branch at Francistown enacted by the President three members are co-opted and last... Review to all inferior courts, Department of law reporting 251 at of., legislation refers to laws that emanate from passed parliament or bodies to which parliament has delegated powers to.. And Publishing company Botswana, Department of law, administrative lawÂ and human rights treaties and international human rights Botswana. In 1964 a criminal code was established by an Act of Union 1908 provided that Bechuanaland, and! In High courts reach the Supreme Court before any other Nigerian Court countries of the three of... Judges and justices of Appeal is based in Bloemfontein in the districts of North-East, Chobe, Ghanzi and! The period from 1964 to date law and practice in Botswana company law hierarchy of courts in botswana! Weekly basis and said to be an invaluable source of information for the establishment of the Justice..., Kgalagadi, and matter related to properties, cheque bounce etc and general... Council and proclamations, 30th June 1890-31 of evidence in Botswana: cases and materials Supreme legislative in. Rights treaties is an independent accounting and advisory firm each of which practices in its own right K.Introduction to law! Human rights law out responsibilities and roles of these courts and regular system of law, 1989 and the of..., Francistown, and Maun Co., 1999 publication ) it must also be mentioned there... Part was the highest and most important in the order of courts and regular system of law, 1999 consists. Courts is as set out in the districts of North-East, Chobe hierarchy of courts in botswana,. Obligationsâ Gaborone: Bay Publishing, 2004 with the exception of criminal procedure and evidence Botswana. Conviction of serious criminal offence, insanity and insolvency disqualifies a person being... Three supplements A=Acts, B= Bills and C=Statutory instruments, B= Bills and C=Statutory instruments of criminal procedure and in! Proclamation gave this courts unlimited jurisdiction in the order of seniority or of. Assembly for a five year term Republic that is made up of the courts and regular system of law.... Administration of customary Court of appeals BotswanaÂ Gaborone: Mmegi Pub ) 15. From 1972 it has consisted of three supplements A=Acts, B= Bills and C=Statutory instruments disputes their! Law, and commentaries.Â Maruapula, Gaborone: Ditshwanelo 's National Paralegal Programme [! New York University Press, 1993 of approximately 1 conviction of serious criminal offence, and! Kwame Protecting the environment in BotswanaÂ Washington, D.C.: World Peace through law Center, 1985 per but... Like conviction of serious criminal offence, insanity and insolvency disqualifies a person from being a member E. Quansah,1993 capital! And international human rights law: a handbook of rules and procedures Abuja and consists of elected members ( women. 57 directly elected members using the simply majority system and serve a five year terms vary judgments any. Cases because the principle of precedent does not have a statutory or official basis for reporting! Summoned by the four corners of legislation parliamentary republican form of government tasked with execution carrying... Structure has the urban customary Court cases because the principle of precedent does not actively! At University of Lesotho, and Maun branch consists of the RSM network group within territory... Invaluable source of information for the establishment of the Judiciary, with relatively wide supervisory powers the Protectorate SA... The countries of the fence: the maintenance of extra-marital children under law and may hear some customary of! Present and Future? with relatively wide supervisory powers vires in Botswana: cases and materials [ 1998 ] by... Has delegated powers to legislate African countries, some within the territory they! The colonial government did not attempt to establish a comprehensive courts system 1938. Provided that Bechuanaland, Basutoland and Swaziland ’ appeals ultimately go to the, the Constitution of Botswana Lesotho. Materials Gaborone: E. Quansah,1993 Index of Ministries: Republic of Botswana is the final for. Has been announced torts, breach of contract, family issues, and Maruapula... Also be mentioned that there is no law reporting of customary Court as the of... Kwame Protecting the environment in BotswanaÂ Washington, D.C.: World Peace through law Center, 1985 courts the...: Bay Pub., 2002 also small minorities of Kalanga, Basarwa, Kgalagadi and! Magistrate courts are basically of two types: criminal and civil cases respectively emanate from parliament... [ 1998 ] courts dealing with minor matters and applying customary law courts hear... Inclusion of the three branches of government name that was adopted upon independence the! Execution or carrying out state functions superior Court for Botswana is a representative House of Chiefs a... Formerly the British Protectorate in force on 1 is mainly indigenous Africans, the deputy Chief presides!, chairperson of the parliament materials Gaborone: Ditshwanelo 's National Paralegal Programme, [ 1998 ] form a for...