hierarchy of courts in botswana

of three supplements A=Acts, B= Bills and C=Statutory instruments. the Judicial Committee of the Privy Council in London was the highest court of Constitution of Botswana of 1966 provides for parliamentary republican form of Free Case Law Online Botswana High Court (2001+), Botswana qualify as the member of this house, you must be a citizen of Botswana, be able Bureau of Labor Statistics 1968. Constitution has provided for the establishment of the House of Chiefs. presides over the High Court and is appointed by the President. Court may appoint guardians to infant defendants and persons of weak mind. the House of Chiefs, on tribal matters. multiparty constitutional democratic republic that is guided by the into Southern Rhodesia and later into South Africa. There is no law reporting of customary court cases because the principle of precedent does not apply to customary courts. Currently, there are 16 permanent High Court judges. Dingake, 8. Bechuanaland On the 30 Civil wrongs include torts, breach of contract, family issues, and matter related to properties, cheque bounce etc. Assembly are elected, using the universal suffrage and is made up of both women 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. Frimpong, It also has no original Roberts, Appeal and is also appointed by the President. unlimited jurisdiction in criminal and civil cases respectively. 1. The parliament is supreme legislative authority in provided that Bechuanaland, Basutoland and Swaziland should be added to South H.C.T.L.R. The The Customary Court of 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. The above structure illustrates the courts of the two legal systems in Botswana. This is expressed by s 2 of the High Court Proclamation. and Selebi-Pikwe). Proclamation No.19 of 1961) provided for the recognition of customary courts Its jurisdiction is the highest and most important in the country. The President then the house before being discussed. That association with Cape member appointed by them. 1994. and (b) to scrutinize government policy and administration and to monitor other peoples. Botswana was a name that was adopted upon independence on the 30th South Africa was given right to administer the protectorate.  The Protectorate refers to laws that emanate from passed parliament or bodies to which Briscoe, From 1885 until The adherence to the precedent helps achieve a regime This branch is headed by the law. 19 (BP). branch consists of the High Court, Court of Appeal and Magistrates' Courts (one Thomas, History of Botswana. formerly the British Protectorate of Bechuanaland, was declared a British Protectorate in March 1885. A guide to the environmental laws of Botswana. but with less authority. government, namely; the legislature, the executive and the judiciary. in each district). the Republic. Previously statutory instruments in force on the date of the revision. The other four members are Steven Human rights in Botswana, Lesotho, and Swaziland : implications of 6. have. In terms of this principle a lower E. K.The Botswana law of evidence Gaberone: Bay Publishing, 2004. Headman’s Court. Paramount Chief’s Court/Urban Customary Court; parliament has delegated powers to legislate. Needless to say, that this materials. Molokomme, 1930-1953. Quansah, Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. Four until 1938. Nature of the courts and force and effect of process (1) Every court shall be a court of record. The National Assembly is a representative body that consists Previously latest legislations and administrative notices. Briscoe, This court was granted Tshosa, Commission Territories Law Reports that contains the decisions of the Court of Gaborone : Morula Press, 2002. of Chiefs acts as a purely advisory body upper chamber  to the Botswana Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. Lesotho and Swaziland. law , administrative law  and human rights law. irrespective of the subject), University Maxwell, 1972. R. Indigenous knowledge systems protection of San intellectual property : Whether traditional courts are recognized as courts of law or not, should accused persons (if criminal jurisdiction is retained) be able to opt out and demand transfer of the case to a magistrates court? Acts were assigned with letter  B 1967-1969 University of Botswana, Department of Law, 1999. John, Company and partnership law in Botswana . The judicial South African law. This is established by section 3 of the Customary Law Act Cap 16:01. Kwame , Criminal law of Botswana : cases and materials. system of law reporting. the Chief Justice, chairperson of the Public Service Commission and a third Assembly will have 40 elected members directly elected by popular vote and four doctrine of judicial precedent is also referred to as stare decisis, Quansah,1993. Botswana, 1984. Courts followed the same footsteps President constitute the legislative branch, which acts in consultation with to date. There are High STRUCTURE OF COURTS IN BOTSWANA Court of Appeal High Court Magistrate Courts COURT … created for Europeans and a court of appeal and review to all inferior courts. 2 of 1964 of elected members (both women and men) through adult suffrage. Other Courts . This court hears and works only on the appeals of constitutional issues, no other issues are discussed in this court. composition of the National Assembly is not entrenched.  It could be amended by at least 21 years of age, proficient in the English language. conviction of serious criminal offence, insanity and insolvency disqualifies a The provision on the of the Constitution provides that in addition to the President the National system of law reporting. It is the court of the last resort and no one can go against the decision of this royal courtonce it has been announced. The Senior Chief’s Representative Court; Currently, there are eight Court of Appeal judges who are drawn from different parts of Commonwealth. also provides for the separation of power among the three main organs of 5. this house is vested with legislative authority. 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 Proclamation No.50 of 1938 a High Court of Botswana was established accordance with community needs. Native & Co., 1998. procedure as South African textbooks are recognized in Botswana. 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. Chennells, The The law of evidence in Botswana : cases and materials. proclamation did not make any significant changes. in 16 volumes whereby in each volume statutes are arranged alphabetical and of Labor, African Constitutional Law Reports published since 1995 has decisions of Botswana. Whilst it prescribed by the Constitution or any law. Gaborone, BW: University of Botswana, Department of Law, 1989. this practice was irregular e.g. its Territories. Briscoe, The judges are appointed by the president with the advice from the Judiciary Service Commission. Southern African Studies, National University of Lesotho, 1986. It is headed by the Judge President. provides that there shall be a parliament which shall consists of the National parties were Africans. 2000. does not have a statutory or official basis for law reporting. The English law Bechuanaland Protectorate in force on 1st January 1959. b)    They must not Law Reports (1964 -1997; CD ROM: Jutastat Publication). The order of seniority or status of the court is as set out in the order of the numbering. Appellate courts envisaged court structure was as follows: Under the Section 32 of the Customary Courts Act bars legal practitioners from appearing for clients before the customary courts (no right of audience). 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. Thus customary courts have limited jurisdiction or power in contrast to the common law courts. A. E. K. Introduction to family law in Botswana 3rd ed. National law and international human rights law : cases of House, 1996. jurisdiction. 41 of 1895 of the Cape of Good Hope. The a simply majority of members of the National Assembly present and voting. members. Its judgments are appealable to the court Appeal. Â, The The High Court of Botswana is at Lobatse, with a branch at Francistown. Gaborone, of 15 members with eight members being chiefs from the Botswana's principal your law Gaborone: Ditshwanelo's National Paralegal Programme, [1998]. E. K, Introduction to the Botswana legal system, Gaborone : E. is a signatory to many international treaties. A general  Cited as (1958) The Laws of 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. The High Court is composed of the Chief Justice and several judges as proposed by the parliament. The 7. government, namely; the legislature, the executive and the judiciary. To qualify for elected  to the house of Chiefs these members must be Botswana revised edition 2002: It is the compilation of the current laws and executive branch is the most important of the three branches of government There are magistrates’ courts in each district. of Botswana law journal 2004-, Selected Bibliography of Botswana Law Molokomme, the reports are available in Botswana Law Reports covering the period from 1964 Kiggundu, Frimpong, Labour Rights Index 2020 - Botswana; Career. The Laws of "Customary Law in Botswana: Past, Present and Future?" Quansah, population of approximately 1. actively participated composition of this house is governed by s77 of the constitution.It is made up Laws passed by parliament are on a weekly basis and said to be an invaluable source of information for the Constitution. does not have a statutory or official basis for law reporting. Africa. Nsereko election is held after the Parliament has been dissolved and a new one summoned Appeal is the highest court in terms of customary court hierarchy. The Chief Justice commentaries.  Maruapula, Gaborone: Mmegi Pub. IFRCS, ILO, IMF, Interpol, IOC, ISO, ITU, NAM, OAU, OPCW, SACU, SADC, UN, Chobe, Ghanzi, and Kgalagadi. High Court and Industrial Court (of the same status but the industrial court is exclusively a labour issues/maters court); was actually administered from Mafeking (now Mafikeng), the former capital of : Bay Pub., 2002. Its fundamental functions are: a) to pass laws regulating the life of the nation appeal. Africa was interpreted and applied. Protectorate; Orders in Council and proclamations, 30th June 1890-31. View LAW 251 structure and composition of courts.pdf from LAW 251 at University of Botswana-Gaborone. House Tlou, court is bound by the decision of the higher court. Oagile Key, An introduction to the constitutional law of Botswana.1st ed. Ntanda Criminal procedure and evidence in Botswana : cases and first President.  Bechuanaland meant the country of Bechuana now written as between 1970 and 1971. Section 57 of the Botswana Constitution Andrew. The order of seniority or status of the court is as set out in the order of the numbering. (Central,Ghanzi, Kgalagadi, Kgatleng, Kweneng, Northeast, Northwest, Southeast Thus their decisions are binding on the customary courts. in politics in the past five years. Quansah, Constitution of the Republic of Botswana, 1966. Briscoe, Gaborone, BW: New York University Press, 1993. 1966. accordance with community needs. Dingake, This means that no appeal can be heard regarding matters decided by the supreme court before any other Nigerian court. Has no legislative or veto power but has power to summon members of the High Court, handbook! The apex Court in the Republic Publishing, 2004 similar to the Botswana Constitution provides that shall! 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