Back
 BLR  Vol.13 No.3 , September 2022
Access to Justice in Botswana
Abstract: This article seeks to find out if Botswana has achieved complete access to justice for all her citizens. It makes a case for a more radical and comprehensive approach that focuses on promoting access to justice and systemic change. Over the years there has been substantial growth both in the economy of the country and the development of institutions which deal with the administration of justice. On a historical note, the High Court was first established in Bechuanaland in January 1939. From the establishment of the High Court in 1939 until 1955, appeals from that Court were taken to the Judicial Committee of the Privy Council in London. The establishment of the Court of Appeal meant that appeals were no longer taken to the Privy Council. The country currently has a total of four High Court divisions; one in Lobatse, Francistown, Gaborone and Maun. In 1966, Botswana had only two Magistrate Courts, one in Lobatse and another in Francistown. Currently, there are many Magistrate Courts in Botswana. In addition to these formal courts, there are Customary Courts which have been estimated to be dealing with about 80% of cases in this country.
Cite this paper: Solo, K. and Nsengaali, P. (2022) Access to Justice in Botswana. Beijing Law Review, 13, 489-495. doi: 10.4236/blr.2022.133030.
References

[1]   African Union (AU) (1981). African Charter on Human and People’s Rights.

[2]   Boko, D. (2000). Fair Trial and the Customary Court in Botswana: Questions on Legal Representation. Criminal Law Forum, 11, 445-460.
https://doi.org/10.1023/A:1016667617539

[3]   Dingake, K. (2000). Key Aspects of Constitutional Law in Botswana. O.K. Dingake.

[4]   Dipholo, K. (2019, February 5). High Court Proposed for Maun. The Voice Newspaper.

[5]   Kgakgamatso, I. (2019, April 15). University of Botswana launches Disability Rights Clinic. Botswana Daily News.

[6]   Lasnet (2015). Access to Justice for the Poor, Marginalised and Vulnerable People of Uganda.

[7]   Macdowell, L. (2015). Access to Justice in the Poor Peoples Courts. Georgetown Journal on Poverty Law and Policy, 22, 169-199.

[8]   Mogotsi, J. (2014). Justice and Fairness in Criminal Procedure: Assessment of the Criminal Jurisdiction of Customary Court in Botswana. University of Botswana Law Journal, 18, 169-193.

[9]   Morhe, R. (2011). Access to Justice and Informal Courts, Resolving Cases at Informal Courts: The Were of Ghana. VDM Veriag Dr. Muller.

[10]   Quansah, E. (2007). Legal Aid Botswana: A Problem in Search of a Solution. The Comparative and International Law Journal of Southern Africa, 40, 509-526.

[11]   United Nations (UN) (1948). Universal Declaration of Human Rights.

[12]   United Nations (UN) (1966). International Covenant on Civil and Political Rights.

[13]   United Nations (UN) (1979). Convention on the Elimination of All Forms of Discrimination against Women.

 
 
Top