THE STRUCTURE, JURISDICTION AND COMPOSITION OF THE COURTS IN BOTSWANA THE Read, highlight, and take notes, across web, tablet, and phone. This is not dissimilar to other former colonies. 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. Botswana has often been lauded as one of the oldest democracies in the world, and the Kgotla system bears testimony to this. The Court of Appeal is the … The publisher only permits individual articles to be downloaded by subscribers. Botswana has a dual legal system; that is the received law: Roman Dutch Law existing side by side with Customary Law. Thus their decisions are binding on the customary courts. This is the court that lies between the Magistrate Court and the Court of Appeal. The urban structure has the Urban Customary Court as the court of first instance. 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. legal system was used mainly in criminal matters and in situations where an African was considered to have abandoned a customary way of life. Customary courts apply the customary law of their respective ethnic group within the territory that they operate in. 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. In particular it addresses the way in which Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. Paramount Chief’s Court/Urban Customary Court; Botswana has a customary court system separate from traditional legal matters. The absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. Headman’s Court. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. Each … 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. Copyright © 2021. 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. (+267) 3956381. 1. The High Court presides over matters beyond jurisdiction of the lower courts, and appeals emanating from the lower courts. Government of Botswana. They will also learn about the establishment and operations of the Court of Appeal, High Court, Magistrate Courts, Land Tribunal and Court administration. The most important inferior courts in Botswana are the Magistrates’ court and the customary courts. 7 The Supreme Court was presided over by the Chief Justice who sat with puisne judges appointed by the Governor. 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. 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. It sought to prevent the occurrence of juvenile delinquency and provide a humane and empowering environment for safeguarding and … 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. Botswana’s judicial system consists of a High Court, a Court of Appeals, and several Magistrate Courts. The Premier is elected by the Members of that Provincial … Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. Among the Tswana tribes, there were several grades of customary courts, which operated within a hierarchical structure to which cases were tried. 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. 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 … In rural areas, they have three sub-divisions. The Judge President and five citizen justices with the remainder being visiting justices. 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