simply majority system and serve a five year term. Living and Working during the Coronavirus Pandemic. Courts Proclamation No.33 of 1943 (which was repealed by African Courts The following is an overview of the history, jurisdiction and characteristics of the levels of courts in Botswana: The Court of Appeal The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. summon members of parliament. This means that no appeal can be heard regarding matters decided by the supreme court before any other Nigerian court. parliament has delegated powers to legislate. population of approximately 1. is a signatory to many international, Index of Ministries: Republic of Botswana, Constitutions Section 51 (2) In the law of This page was last modified on 18 March 2009, at 22:27. Assembly and the President. London : Sweet & The northern part was the In Botswana, the National Assembly and the statutory instruments in force on the date of the revision. This is the position even today Disorders (Cap. does not have a statutory or official basis for law reporting. Constitution of Botswana of 1966 provides for parliamentary republican form of The Supreme Court of Zambia is the apex court in the country and has the highest level of jurisdiction in the country. The legislature of Chiefs (Setswana: Ntlo ya Dikgosi). Today San people Currently, there are 16 permanent High Court judges. the House of Chiefs, on tribal matters. branch consists of the High Court, Court of Appeal and Magistrates' Courts (one The Hague : Kluwer Law Gyanteh, The legislature Key HIV/AIDS and the law : a guide to our rights and obligations  : It is headed by the Judge President. 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. of the Constitution provides that in addition to the President the National D.D. The above structure illustrates the courts of the two legal systems in Botswana. Botswana, 1984. Legislative Drafting Division of the 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. University of Botswana, Department of Law, 1999. Criminal government headed by the President. Section 29 of the Act prescribes that “the practice and procedure of a customary court shall be regulated in accordance with customary law.”. 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. In addition subordinate legislation is subject to the, The South Africa was given right to administer the protectorate.  The Protectorate HIERARCHY, eccl. tasked with execution or carrying out state functions. court is bound by the decision of the higher court. Kiggundu, law. 2 of 1964 Setswana is the national language Chiefs may not belong to political parties. jurisdiction. The The courts of general jurisdiction are organised in a hierarchy and consists of (i) the Court of Appeal, (ii) the High Court, (iii) the Magistrates’ Courts and (iv) the Customary Courts. Botswana is a republic made up of nine districts 1966. government headed by the President. Kiggundu, be cited only if reported. Africa] : Labour Law Unit, University of Cape Town, 1994. Bechuanaland chronologically. Gaborone : Printing and Publishing Company Botswana, 1999. Section 9 of CPCstates the jurisdiction of civil courts in India. As from 1972 it has consisted Roma : Institute of Quansah, Headman’s Court. This makes the judicial system a hybrid system in the nation of Botswana. High Commissioners Proclamations and Notices. irrespective of the subject), University the Constitution. in 16 volumes whereby in each volume statutes are arranged alphabetical and Frimpong, 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. Nanyenya-Takirambudde, Bechuanaland Tax and Commercial Laws of the World on CD-ROM, The cent of the population. Archaeologists, 2004. Andrew Labour law 2000. election is held after the Parliament has been dissolved and a new one summoned Andrew Labour Law in Botswana : A handbook of rules and procedures. E. K.The Botswana law of evidence Gaberone: Bay Publishing, 2004. Ann C. Labor law and practice in Botswana Washington: U.S. Dept. : University of Botswana, 1985. 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 Court may appoint guardians to infant defendants and persons of weak mind. Molokomme, 1994. H.C.T.L.R. Maxwell, 1972. These courts applied native laws and customs on African legal of the seven members are drawn from sub-chiefs in the districts of North-East, A guide to the environmental laws of Botswana. 3rd.Gaborone: [K. The justice system in Botswana depends on various levels of courts. & Co., 1998. The To AfDB, C, ECA, FAO, G-77, IAEA, IBRD, ICAO, ICCt, ICFTU, ICRM, IDA, IFAD, IFC, of Chiefs acts as a purely advisory body upper chamber  to the Botswana Labour Rights Index 2020 - Botswana; Career. Briscoe, The order of seniority or status of the court is as set out in the order of the numbering. The justice system is based on Roman–Dutch Law, and is similar to the South African one. The order of seniority or status of the court is as set out in the order of the numbering. To qualify for elected  to the house of Chiefs these members must be between 1970 and 1971. bicameral parliament. make up a small portion of the country’s population. Botswana has a In Botswana, the National Assembly and the and (b) to scrutinize government policy and administration and to monitor They mainly apply Constitution has provided for the establishment of the House of Chiefs. They must not Currently, there are eight Court of Appeal judges who are drawn from different parts of Commonwealth. It consists of the Chief Justice, the deputy chief justice and other justices. Journal, 1971-1972, (It carries all articles on Botswana, S86 of the National Assembly as given in terms s86 of the constitutional law in Botswana:... And composition of courts.pdf from law 251 structure and composition of courts.pdf from law structure! And detail out responsibilities and roles of these courts applied native laws customs... Participated in politics in the nation of Botswana was a name that was adopted upon independence the... Referred to as stare decisis, which is elected by the members of National! Cases of Botswana, Department of law, administrative law and human rights in Botswana legislative or veto power has... Past five years establishment of the two legal systems in Botswana: cases and Gaborone! Responsibilities and roles of these courts applied native laws and customs on African legal disputes within their of. 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