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. The Premier is elected by the Members of that Provincial … The appointment was arranged under the United Kingdom Government Special Commonwealth African Assistance Plan, and I was given special leave of … Government of Botswana. 7 The Supreme Court was presided over by the Chief Justice who sat with puisne judges appointed by the Governor. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. The Chief Justice is both the administrative and judicial head of the judiciary. Senior Chief’s Representative Court; 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. Read, highlight, and take notes, across web, tablet, and phone. 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. of Botswana Judicial Service System specifically on how the Judicial Service Commission is established, its powers and functions. There are currently four locations of the High Court: Lobatse, Francistown, Maun and the headquarters in Gaborone. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. Today, the courts operate in 25 different centres around the country. In conclusion, the observation is that Botswana Kgotla system has been able to mirror with modern developments in the country. Botswana's juvenile justice system was born of the Children's Act of 1981. These allegations are admitted in the AA vol. Up until … It is constituted under section 99 of the country’s constitution. Retrieved from "https://wikieducator.org/Talk:STRUCTURE_OF_COURTS_IN_BOTSWANA" Navigation menu In particular it addresses the way in which 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. Customary Court of Appeal; 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 … The judges are appointed by the president with the advice from the Judiciary Service Commission. Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. The High Court presides over matters beyond jurisdiction of the lower courts, and appeals emanating from the lower courts. - 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. 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 View INTRODUCTION TO BOTSWANA’S LEGAL SYSTEM[1].ppt from LAW 131 at University of Botswana-Gaborone. Magistrates Courts [note that the different classes/grades of magistrates do not form a hierarchy for purposes of judicial precedent]; 4. 3 p 675 para 1. 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. 2. 8. 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. The High Court of Botswana is at Lobatse, with a branch at Francistown. 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. Mrs H. Nuru 1. Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. Restraining orders in domestic violence cases. Currently, there are 16 permanent High Court … Rent and save from the world's largest eBookstore. The Structure of a Provincial Executive. 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. 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. Judges of the high court are ex officio members of the Court of Appeal. RSM is the trading name used by the members of the RSM network. This is not dissimilar to other former colonies. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. About the High Court . There are currently eight judges of the Court of Appeal, who are all expatriates drawn from different parts of the Commonwealth. 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. 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. This makes the judicial system a hybrid system in the nation of Botswana. Botswana Judicial branch. Our legal friends and lecturers always talked about it, but remained elusive and unclear how it works in my mind. The Executive in each province is called the Executive Council and is headed by the Premier. Lower Courts. It continues to play a role in disputes resolutions at community level. The publisher only permits individual articles to be downloaded by subscribers. It is headed by the Judge President. The above structure illustrates the courts of the two legal systems in Botswana. Courts of general jurisdiction are those, which deal with practically any kind of case, whether civil, or criminal, that may be brought before them. 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. 1 p 55 para 7-8; Piye affidavit vol. The structure of the courts of appeal of Botswana, Bophuthatswana and Zimbabwe Notice. Botswana has often been lauded as one of the oldest democracies in the world, and the Kgotla system bears testimony to this. There is no law reporting of customary court cases because the principle of precedent does not apply to customary courts. The Magistrates try the bulk of the offences committed and they handle the bulk of common disputes between ordinary citizens of Botswana. legal system was used mainly in criminal matters and in situations where an African was considered to have abandoned a customary way of life. 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. Botswana has a dual legal system; that is the received law: Roman Dutch Law existing side by side with Customary Law. 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. The Kgotla is quite simply put, a customary court, public meeting or community council. 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. 4 Expert affidavit vol. Get Textbooks on Google Play. 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 … In particular it addresses the way in which Read, highlight, and take notes, across web, tablet, and phone. Another important distinction is that between courts of general, ordinary or normal jurisdiction and courts of special jurisdiction. Private Bag  X10 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. 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 … Among the Tswana tribes, there were several grades of customary courts, which operated within a hierarchical structure to which cases were tried. Botswana has often been lauded as one of the oldest democracies in the world, and the Kgotla system bears testimony to this. Structure of courts of appeal 109 Botswana." 5. Currently, there are 16 permanent High Court judges. 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 … RSM is the trading name used by the members of the RSM network. 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 … It consists of a typical court system of local Magistrates Courts, a High Court and a Court of Appeal. The document is … Another important distinction is that between courts of general, ordinary or normal jurisdiction and courts of special jurisdiction. Appeals from this point go to the High Court and the Court of Appeal of Botswana. Magistrates' courts … This is established by section 3 of the Customary Law Act Cap 16:01. In the hierarchy of courts above, customary courts’ appeals ultimately go to the common law 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. 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. On … The Court of Appeal is the highest court in Botswana. 7 The Supreme Court was presided over by the Chief Justice who sat with puisne judges appointed by the Governor. The 2009 Children's Act was an attempt to improve on the flaws and deficiencies of the 1981 Act. This page has been accessed 20,988 times. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. The High Court is a superior court of record with unlimited jurisdiction. The legal system comprises Roman–Dutch and customary law. 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. 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. 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. They are subordinate to the High Court. Courts of general jurisdiction are those, which deal with practically any kind of case, whether civil, or criminal, that may be brought before them. Criminal trials- Magistrates Courts hear the bulk of criminal cases. 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. Our legal friends and lecturers always talked about it, but remained elusive and unclear how it works in my mind. - 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 will also learn about the establishment and operations of the Court of Appeal, High Court, Magistrate Courts, Land Tribunal and Court administration. Jurisdiction of the Magistrates court is BWP60,000.00. 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. The magistrates' courts are presided over by magistrates of varying grades. Get Textbooks on Google Play. Botswana’s judicial system consists of a High Court, a Court of Appeals, and several Magistrate Courts. 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. THE STRUCTURE OF GOVERNMENT. The way the Kgotla functions and what it stands for, is very heavily steeped in the core ideals that democracy is built on. High Court and Industrial Court (of the same status but the industrial court is exclusively a labour issues/maters court); 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 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. But equally, it’s so much more than … Individuals have the … 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. Its judgments are appealable to the court Appeal. The Lower Courts are established by an act of Parliament and are bound by the four corners of legislation. It is a superior court of record and enjoys all the powers of that tittle. Essentially this is the most foreign aspect of their legal system we encountered. It also includes government departments and civil servants. The most important inferior courts in Botswana are the Magistrates’ court and the customary 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. In rural areas, they have three sub-divisions. Apart from the Kgotla seen as the court or arbitration place; it is also the place for socialization and cultural activities. In 1966, there were only two magistrate courts in the country, one in Lobatse and the other in Francistown. Gaborone 63.5.1 COMPOSITION OF THE REGIONAL TRIBUNAL The … Chief’s Representative’s Court; It is headed by the Judge President. in any exploration of women’s access to justice in Botswana. Each … They are therefore controlled and supervised by the High Court, through reviews and appeals. 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 … Appeals are made to the Court of Appeal of Botswana. Each … 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. Unlike the High Court, Magistrates Courts are not created by the Constitution. Botswana Botswana has a dual legal system; that is the received law: Roman Dutch Law existing side by side with Customary Law. On … Rent and save from the world's largest eBookstore. Factbook > Countries > Botswana > Government. Paramount Chief’s Court/Urban Customary Court; Up until … An appeal from here goes to the Customary Court of Appeal, above which in … Author: Redgment, John. The absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. 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. Its judgments are appealable to the court Appeal. Where can I get more information on this Service, Ministry of Finance and Economic Development. The lowest division is called the Customary Court. The appointment was arranged under the United Kingdom Government Special Commonwealth African Assistance Plan, and I was given special leave of absence … 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 … The Botswana Magistracy performs a very pivotal role in the judiciary of the nation. The Head of the High Court is the Chief Justice. Headman’s Court. This is the court that lies between the Magistrate Court and the Court of Appeal. The Kgotla is quite simply put, a customary court, public meeting or community council. 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. It comprises of the Court of Appeal and the High Court and the Magistrates Courts. The Magistrate court are created by statute with power defined by the Magistrates Courts Act. 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. 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. The Chief justice is the most senior judge. 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. At the top of the judicial pyramid is the Court of Appeal. Civil suits; here individuals sue others for non-payment of debts, breach of contracts, etc. Thus their decisions are binding on the customary courts. Parallel to this structure there are traditional courts dealing with minor matters and applying customary law. TheRepublic of Botswana, capital Gaborone, is a landlocked country in SouthernAfrica, north of South Africa. It currently has a total complement of nine Justices  of Appeal. Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. Judicial Functions: Firstly, when a dispute is brought before a court, it is the responsibility of … Botswana has a customary court system separate from traditional legal matters. Thus the common law courts can hear and determine any case under any law. 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. It sought to prevent the occurrence of juvenile delinquency and provide a humane and empowering environment for safeguarding and … The High Court is composed of the Chief Justice and several judges as proposed by the parliament. 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. Essentially this is the most foreign aspect of their legal system we encountered. Once the facts have been established, the court proceeds to decide what law is applicable to a particular controversy or circumstance. The order of seniority or status of the court is as set out in the order of the numbering. This is the court that lies between the Magistrate Court and the Court of Appeal. 7. 1. 3 FA vol. All right reserved. This makes the judicial system a hybrid system in the nation of Botswana. The judicial system may fail to bring justice in criminal actions if reliable and authentic records are not presented. The higher the grade, the higher the jurisdiction of that magistrate in both civil and criminal matters. 1 p 21 para 22. 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 … in any exploration of women’s access to justice in Botswana. During colonial times, Botswana had both foreign inhabitants living side by side with the indigenous people of the country. This page was last modified on 18 March 2009, at 22:27. Other areas of interest would include organizational structure of the Judiciary of Botswana and … The way the Kgotla functions and what it stands for, is very heavily steeped in the core ideals that democracy is built on. The High Court is the most important court in the system. Botswana has a customary court system separate from traditional legal matters. The usual manner in which the courts determine the facts is through evidence given by the contestants. 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. The absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. being helped. 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 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 … They are the magistrates' courts, the (labour) arbitration tribunals and the customary courts. Section 32 of the Customary Courts Act bars legal practitioners from appearing for clients before the customary courts (no right of audience). HIGH COURTS AND MAGISTRATES COURTS CONTACTS, Gaborone -  Village  Firstly, when a dispute is brought before a court, it is the responsibility of the court to ‘determine the facts’ involved. 10 Section 32, Supra n. 5 11 Ibid. being helped. Herein the judiciary … This lesson will cover these courts and detail out responsibilities and roles of these courts in the carriage of justice. The full text article is not available for purchase. The document is … All three divisions hear appeals from other courts, as well … In determining appeals from customary courts the common law courts must apply customary law. All three divisions hear appeals from other courts, as well … Copyright © 2021. It is constituted under section 99 of the country’s constitution. 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. Always talked about it, but remained elusive and unclear how it works in my mind life. High Court is exclusively a structure of courts in botswana issues/maters Court ) ; 3 powers of that Magistrate in both and. In 25 different centres around the country and criminal matters and applying customary law do not form a for! 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