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. In conclusion, the observation is that Botswana Kgotla system has been able to mirror with modern developments in the country. 3 FA vol. The legal system comprises Roman–Dutch and customary law. Botswana has a dual legal system; that is the received law: Roman Dutch Law existing side by side with Customary Law. 10 Section 32, Supra n. 5 11 Ibid. Each member of the RSM network is an independent accounting and advisory firm each of which practices in its own right. Apart from the Kgotla seen as the court or arbitration place; it is also the place for socialization and cultural activities. The Magistrate court are created by statute with power defined by the Magistrates Courts Act. All right reserved. The most important inferior courts in Botswana are the Magistrates’ court and the customary courts. This makes the judicial system a hybrid system in the nation of Botswana. Gaborone 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 document is … HIGH COURTS AND MAGISTRATES COURTS CONTACTS, Gaborone -  Village  TheRepublic of Botswana, capital Gaborone, is a landlocked country in SouthernAfrica, north of South Africa. 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 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 Court of Appeal is the highest court in Botswana. Appeals are made to the Court of Appeal of Botswana. (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. There are currently eight judges of the Court of Appeal, who are all expatriates drawn from different parts of the Commonwealth. Customary courts apply the customary law of their respective ethnic group within the territory that they operate in. Retrieved from "https://wikieducator.org/Talk:STRUCTURE_OF_COURTS_IN_BOTSWANA" Navigation menu It also includes government departments and civil servants. Another important distinction is that between courts of general, ordinary or normal jurisdiction and courts of special jurisdiction. 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 … 2. 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 Judges of the high court are ex officio members of the Court of Appeal. Essentially this is the most foreign aspect of their legal system we encountered. 3 p 732 para 11. The Magistrates try the bulk of the offences committed and they handle the bulk of common disputes between ordinary citizens of Botswana. Firstly, when a dispute is brought before a court, it is the responsibility of the court to ‘determine the facts’ involved. Headman’s Court. They are the magistrates' courts, the (labour) arbitration tribunals and the customary courts. An appeal from here goes to the Customary Court of Appeal, above which in the hierarchy is the Customary Court of the Commissioner. 7. Once the facts have been established, the court proceeds to decide what law is applicable to a particular controversy or circumstance. 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. 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. 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 … Restraining orders in domestic violence cases. 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 absence of support centres for victims of violence in the Criminal Justice System also remains a valid concern for this country. 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. The Chief Justice is both the administrative and judicial head of the judiciary. The High Court currently has a complement of twenty seven citizen judges. This is not dissimilar to other former colonies. Up until … Courts 1 to 3 are common law courts while courts 4 to 8 are the customary law courts. The higher the grade, the higher the jurisdiction of that magistrate in both civil and criminal matters. 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. Court of Appeal; 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 4 Expert affidavit vol. 105-113(9) Publisher: … The responsibility of the Executive … It is headed by the Judge President. Essentially this is the most foreign aspect of their legal system we encountered. Appeals can be heard by the Court of Appeal. There are currently four locations of the High Court: Lobatse, Francistown, Maun and the headquarters in Gaborone. 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