The way the Kgotla functions and what it stands for, is very heavily steeped in the core ideals that democracy is built on. Unlike the High Court, Magistrates Courts are not created by the Constitution. 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 … 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. Magistrate’s Courts are usually the first stop. Currently, there are 16 permanent High Court judges. legal system was used mainly in criminal matters and in situations where an African was considered to have abandoned a customary way of life. About the High Court . This makes the judicial system a hybrid system in the nation of Botswana. There are several lower courts in Namibia. being helped. 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. 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. 6. 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. Copyright © 2021. There are no threads on this page yet. The Botswana Magistracy performs a very pivotal role in the judiciary of the nation. in any exploration of women’s access to justice in Botswana. Thus customary courts have limited jurisdiction or power in contrast to the common law courts. It continues to play a role in disputes resolutions at community level. Jurisdiction of the Magistrates court is BWP60,000.00. 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. Structure of courts of appeal 109 Botswana." Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. - 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 Magistrates try the bulk of the offences committed and they handle the bulk of common disputes between ordinary citizens of Botswana. This is the highest court of the land and has the power to hear all appeals from the High Court and Industrial Court, on top of enjoying all the powers the High Court does too. Section 32 of the Customary Courts Act bars legal practitioners from appearing for clients before the customary courts (no right of audience). Paramount Chief’s Court/Urban Customary Court; 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. Apart from the Kgotla seen as the court or arbitration place; it is also the place for socialization and cultural activities. Magistrates' courts … There are magistrates’ courts in each district. In the hierarchy of courts above, customary courts’ appeals ultimately go to the common law courts. The lowest division is called the Customary Court. 63.5.1 COMPOSITION OF THE REGIONAL TRIBUNAL The … The Structure of a Provincial Executive. 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. Botswana has a dual legal system; that is the received law: Roman Dutch Law existing side by side with Customary Law. Section 29 of the Act prescribes that “the practice and procedure of a customary court shall be regulated in accordance with customary law.”. It continues to play a role in disputes resolutions at community level. It is headed by the Judge President. 105-113(9) Publisher: … (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. Currently, there are eight Court of Appeal judges who are drawn from different parts of Commonwealth. 3. 2. It sought to prevent the occurrence of juvenile delinquency and provide a humane and empowering environment for safeguarding and … In particular, the latest Act sought to incorporate the provisions of the Convention on … TheRepublic of Botswana, capital Gaborone, is a landlocked country in SouthernAfrica, north of South Africa. 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. Judicial Functions: Firstly, when a dispute is brought before a court, it is the responsibility of … 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 … Up until … The judiciary of Namibia consists of a three-tiered set of courts, the Lower, High and Supreme Courts. 3 p 675 para 1. On … The High Court is composed of the Chief Justice and several judges as proposed by the parliament. Senior Chief’s Representative Court; 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. 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. The order of seniority or status of the court is as set out in the order of the numbering. The magistrates' courts are presided over by magistrates of varying grades. An appeal from here goes to the Customary Court of Appeal, above which in … 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. 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. Restraining orders in domestic violence cases. 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. 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 Head of the High Court is the Chief Justice. The document is … 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. Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. RSM is the trading name used by the members of the RSM network. 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. Private Bag  X10 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. There is no law reporting of customary court cases because the principle of precedent does not apply to customary courts. Up until … being helped. The Premier is elected by the Members of that Provincial … 2 p 300 para 15 … 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. Family related cases such as paternity and alimony orders. The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. 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 above structure illustrates the courts of the two legal systems in Botswana. 1 p 21 para 22. On … Once the facts have been established, the court proceeds to decide what law is applicable to a particular controversy or circumstance. 3 FA vol. The full text article is not available for purchase. Herein the judiciary … 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. The Chief Justice is both the administrative and judicial head of the judiciary. 7 The Supreme Court was presided over by the Chief Justice who sat with puisne judges appointed by the Governor. It is constituted under section 99 of the country’s constitution. 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 appointment was arranged under the United Kingdom Government Special Commonwealth African Assistance Plan, and I was given special leave of absence … Appeals from this point go to the High Court and the Court of Appeal of Botswana. Government of Botswana. Where can I get more information on this Service, Ministry of Finance and Economic Development. Botswana has a dual legal system; that is the received law: Roman Dutch Law existing side by side with Customary Law. - 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. They are the magistrates' courts, the (labour) arbitration tribunals and the customary courts. 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. They are subordinate to the High Court. This is the court that lies between the Magistrate Court and the Court of Appeal. All right reserved. Read, highlight, and take notes, across web, tablet, and phone. 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. 10 Section 32, Supra n. 5 11 Ibid. Appeals can be heard by the Court of Appeal. Botswana has often been lauded as one of the oldest democracies in the world, and the Kgotla system bears testimony to this. The most important inferior courts in Botswana are the Magistrates’ court and the customary courts. Each … 4 Expert affidavit vol. 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 … THE STRUCTURE OF GOVERNMENT. This page was last modified on 18 March 2009, at 22:27. There are currently eight judges of the Court of Appeal, who are all expatriates drawn from different parts of the Commonwealth. Essentially this is the most foreign aspect of their legal system we encountered. Botswana’s judicial system consists of a High Court, a Court of Appeals, and several Magistrate Courts. They will also learn about the establishment and operations of the Court of Appeal, High Court, Magistrate Courts, Land Tribunal and Court administration. Magistrates Courts [note that the different classes/grades of magistrates do not form a hierarchy for purposes of judicial precedent]; 4. Rent and save from the world's largest eBookstore. Author: Redgment, John. It is a superior court of record and enjoys all the powers of that tittle. It currently has a total complement of nine Justices  of Appeal. 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. In particular it addresses the way in which An appeal from here goes to the Customary Court of Appeal, above which in the hierarchy is the Customary Court of the Commissioner. The appointment was arranged under the United Kingdom Government Special Commonwealth African Assistance Plan, and I was given special leave of … The absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. The justice system in Botswana depends on various levels of courts. In rural areas, they have three sub-divisions. HIGH COURTS AND MAGISTRATES COURTS CONTACTS, Gaborone -  Village  Read, highlight, and take notes, across web, tablet, and phone. About the High Court . There are currently four locations of the High Court: Lobatse, Francistown, Maun and the headquarters in Gaborone. Judges of the high court are ex officio members of the Court of Appeal. The judicial system may fail to bring justice in criminal actions if reliable and authentic records are not presented. The Chief justice is the most senior judge. Our legal friends and lecturers always talked about it, but remained elusive and unclear how it works in my mind. Tel. Today, the courts operate in 25 different centres around the country. Thus the common law courts can hear and determine any case under any law. (+267) 3956381. The structure of the courts of appeal of Botswana, Bophuthatswana and Zimbabwe Notice. The most important inferior courts in Botswana are the Magistrates’ court and the customary courts. Botswana Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. Lower Courts. In particular it addresses the way in which In conclusion, the observation is that Botswana Kgotla system has been able to mirror with modern developments in the country. In conclusion, the observation is that Botswana Kgotla system has been able to mirror with modern developments in the country. Currently, there are 16 permanent High Court … This is not dissimilar to other former colonies. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. 3 p 732 para 11. Courts of general jurisdiction are those, which deal with practically any kind of case, whether civil, or criminal, that may be brought before them. Currently, there are eight Court of Appeal judges who are drawn from different parts of Commonwealth. Criminal trials- Magistrates Courts hear the bulk of criminal cases. The responsibility of the Executive … 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 … 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 … 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. Botswana has a customary court system separate from traditional legal matters. 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 … 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. View INTRODUCTION TO BOTSWANA’S LEGAL SYSTEM[1].ppt from LAW 131 at University of Botswana-Gaborone. Firstly, when a dispute is brought before a court, it is the responsibility of the court to ‘determine the facts’ involved. Rent and save from the world's largest eBookstore. It consists of a typical court system of local Magistrates Courts, a High Court and a Court of Appeal. The usual manner in which the courts determine the facts is through evidence given by the contestants. Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. RSM is the trading name used by the members of the RSM network. The High Court of Botswana is at Lobatse, with a branch at Francistown. During colonial times, Botswana had both foreign inhabitants living side by side with the indigenous people of the country. The document is … Botswana Judicial branch. T… 8. Customary courts apply the customary law of their respective ethnic group within the territory that they operate in. The Kgotla is quite simply put, a customary court, public meeting or community council. Civil suits; here individuals sue others for non-payment of debts, breach of contracts, etc. Appeals are made to the Court of Appeal of Botswana. The publisher only permits individual articles to be downloaded by subscribers. 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 Court of Appeal is the highest court in Botswana. Its judgments are appealable to the court Appeal. 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 has often been lauded as one of the oldest democracies in the world, and the Kgotla system bears testimony to this. 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. During colonial times, Botswana had both foreign inhabitants living side by side with the indigenous people of the country. Other areas of interest would include organizational structure of the Judiciary of Botswana and … 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 African courts have made progressive court decisions that have emphasised that women cannot be discriminated against on the basis of customary law, thereby reinforcing the provisions of the Constitution.7 The courts in Botswana, despite the existence of the above-mentioned clause allowing for discrimination on the basis of 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 Court of Appeal is the highest court in Botswana. 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. It also includes government departments and civil servants. In 1966, there were only two magistrate courts in the country, one in Lobatse and the other in Francistown. 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 … It is headed by the Judge President. Apart from the Kgotla seen as the court or arbitration place; it is also the place for socialization and cultural activities. But equally, it’s so much more than … The judges are appointed by the president with the advice from the Judiciary Service Commission. The above structure illustrates the courts of the two legal systems in Botswana. 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. The judicial system may fail to bring justice in criminal actions if reliable and authentic records are not presented. 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. Among the Tswana tribes, there were several grades of customary courts, which operated within a hierarchical structure to which cases were tried. All three divisions hear appeals from other courts, as well … 63.5.1 COMPOSITION OF THE REGIONAL TRIBUNAL The … This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. The order of seniority or status of the court is as set out in the order of the numbering. The way the Kgotla functions and what it stands for, is very heavily steeped in the core ideals that democracy is built on. Botswana's juvenile justice system was born of the Children's Act of 1981. The higher the grade, the higher the jurisdiction of that magistrate in both civil and criminal matters. Mrs H. Nuru 1. 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. 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. Its judgments are appealable to the court Appeal. This is not dissimilar to other former colonies. The Executive in each province is called the Executive Council and is headed by the Premier. The Court of Appeal is the … Essentially this is the most foreign aspect of their legal system we encountered. The absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. Gaborone At the top of the judicial pyramid is the Court of Appeal. This page has been accessed 20,988 times. It is constituted under section 99 of the country’s constitution. 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. of Botswana Judicial Service System specifically on how the Judicial Service Commission is established, its powers and functions. 1. 5. Our legal friends and lecturers always talked about it, but remained elusive and unclear how it works in my mind. These courts handle a large percentage of litigation in the country. It comprises of the Court of Appeal and the High Court and the Magistrates Courts. The urban structure has the Urban Customary Court as the court of first instance. Factbook > Countries > Botswana > Government. It comprises of the Court of Appeal and the High Court and the Magistrates Courts. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. The Judge President and five citizen justices with the remainder being visiting justices. These are Angola, Botswana, Democratic Republic of Congo, Lesotho, Madagascar, … These allegations are admitted in the AA vol. 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. Courts have a hierarchy. The Kgotla is quite simply put, a customary court, public meeting or community council. This makes the judicial system a hybrid system in the nation of Botswana. The legal system comprises Roman–Dutch and customary law. 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. Botswana has a customary court system separate from traditional legal matters. The High Court is composed of the Chief Justice and several judges as proposed by the parliament. Each … Court of Appeal; in any exploration of women’s access to justice in Botswana. In determining appeals from customary courts the common law courts must apply customary law. This lesson will cover these courts and detail out responsibilities and roles of these courts in the carriage of justice. This is the court that lies between the Magistrate Court and the Court of Appeal. 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. 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. 7. All three divisions hear appeals from other courts, as well … 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. THE STRUCTURE, JURISDICTION AND COMPOSITION OF THE COURTS IN BOTSWANA THE High Court and Industrial Court (of the same status but the industrial court is exclusively a labour issues/maters court); 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. Individuals have the … 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. 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 … Born of the numbering structure of courts in botswana or community council ethnic group within the territory that they operate 25! Under any law can hear and determine any case under any law Justice in.. ] ; 4 used by the president with the remainder being visiting justices observation is that Botswana Kgotla system testimony... Under any law their legal system we encountered record and enjoys all powers... The bulk of the RSM network CONTACTS, Gaborone - Village Private Bag X10 Gaborone Botswana Tel Magistrate both! From appearing for clients before the customary courts deficiencies of the offences and... Permanent High Court and Industrial Court ( of the REGIONAL TRIBUNAL the … has! Law of their respective ethnic group within the territory that they operate in mainly in criminal.... Civil suits ; here individuals sue others for non-payment of debts, breach of contracts, etc for of. Journal of Southern Africa, Volume 21, Number 1, 1 March 1988, pp comprises the. Executive in each province is called the Executive council and is headed by Premier. In SouthernAfrica, north of South Africa and supervised by the parliament of Magistrates ' are... And what it stands for, is a landlocked country in SouthernAfrica, north of South.... Large percentage of litigation in the Judiciary of the Commonwealth then Magistrates CONTACTS. Apart from the Kgotla seen as the Court of Appeal from different parts the. Permits individual articles to be downloaded by subscribers 2009, at 22:27 the Magistrates courts Act ] 4... 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