STRUCTURE OF COURTS IN BOTSWANA

Court of Appeal
High Court

Magistrate Courts

COURT OF APPEAL
COMPOSITION SET OUT IN SECTION 99 OF THE CONSTITUTION OF BOTSWANA AND COURT OF APPEAL
ACT

CONSISTS OF PRESIDENT OF COURT AND JUSTICES OF APPEAL

WHEN DETERMINING A MATTER THE COURT SHALL HAVE AT LEAST THREE JUSTICES OF APPEAL
ADJUDICATING THE MATTER

HIGH COURT
COMPOSITION OF THE HIGH COURT SET OUT IN SECTION 95-98 OF THE CONSTITUTION AND THE HIGH
COURT ACT

IT COMPRISES OF THE CHIEF JUSTICE AND SUCH OTHER NUMBER OF JUDGES AS PRESCRIBED BY
PARLIAMENT

SITS WITH USUALLY ONE JUDGE BUT FOR SOME MATTERS THE CHIEF JUSTICE CAN CONVENE A PANEL. EG)
MAFOKATE V MAFOKATE HAD CONSTITUTIONAL ISSUES AND HAD THREE JUDGES

MAGISTRATE COURTS
GOVERNING BY THE MAGISTRATE COURT ACT
HAS BOTH CRIMINAL AND CIVIL JURISDICTION
CLAIMS NOT EXCEEDING P40 000
HAS VARIOUS LEVEL OF MAGISTRATES (GRADE1,2,3] AND SUCH AFFECTS THE CASES THEY ARE ALLOWED
TO ADJUDICATE

COURTS WITH SPECIALISED JURISDICTION

THE INDUSTRIAL COURT:
THE JUVENILE COURT
THE LAND TRIBUNAL
COURT MARTIAL
SMALL CLAIMS COURT

HIGHER COURTS AND THE DOCTRINE OF

PRECEDENT
COMMON LAW: IN BOTSWANA IT IS ROMAN DUTCH LAW WHICH WAS INHERITED FROM THE
PROTECTORATE ERA

JUDICIAL PRECEDENT: STARE DECISIS: TO STAND BY WHICH IS DECIDED.

THE LEGAL PRINCIPLE OF A DECIDED CASE IS BINDING ON FUTURE CASES TO BE DECIDED ON THE SAME
PRINCIPLE

ELEMENTS OF A CASE
FACTS
ISSUE (S)
RULE OF LAW

APPLICATION
CONCLUSION

QUICK EXERCISE
1)
2)

BOTHO IS A TRAINING TO BE AN ACCOUNTANT AT BAC. SHE LOANS P2240 TO HER FRIEND LORATO WHO
NEEDED TO BUY GROCERIES. LORATO REFUSES TO PAY BOTHO BACK. WHERE CAN BOTHO GET HELP?

MR & MRS KARABO WERE MARRIED BEFORE THE DISTRICT COMMISSIONER IN GABORONE ON THE 12TH
JUNE 2006. AFTER SEVERAL YEARS OF A HAPPY MARRIAGE AND TWO BEAUTIFUL CHILDREN THATO AND
PUNA, MRS KARABO HAS FOUND OUT THAT MR KARABO HAS BEEN HAVIG AN AFFAIR. SHE IS VERY
UPSET AND WANTS A DIVORCE. WHAT IS THE ISSUE IN THIS CASE? WHICH COURT WOULD SHE
APPROACH?

QUICK EXERCISE CONTINUED

1)

MS MADI IS EMPLOYED BY THE KPMG AS A SENIOR TAX ADVISOR. AFTER WORKING WITH THEM FOR FIVE YEARS SHE
LEARNS THAT MR LUCKY WHO HAD BEEN WITH THEM FOR SIX MONTHS AS A JUNIOR TAX ADVISOR HAS SINCE BEEN
PROMOTED TO BE THE CEO. SHE ALSO LEARNS THAT MR LUCKY IS A CLOSE FRIEND WITH THE HUMAN RESOURCE
MANAGER (DUDU) AND STERNLY BELIEVES DUDU ORCHESTRATED THE PROMOTION. SHE HAS ALSO HEARD THAT DUDU
AND MR LUCKY ARE STEALING MONEY FROM THE FIRM. SHE TRIES TO ASK DUDU ABOUT IT BUT DUDU HITS HER AND ASK
HER TO LEAVE HER OFFICE.

ON THE NEXT MONDAY MORNING MS ,ADI GOES TO THE HIGHCOURT. SHE WALKS INTO JUSTICE KIRBYS COURTROOM AND
TELLS EVERYONE PRESENT HER PROBLEM. SHE IS TOLD THAT SHE HAS TO LEAVE AND IS ESCORTED BY THE SECURITY OFFIERS
OUT OF THE HIGHCOURT. SHE COMES TO YOU VERY UNHAPPY SEEKING HELP. ADVISE.
HINT: BRING OUT ALL THE ISSUES AND TYPES OF LAW APPLICABLE