Court of Appeal | |
---|---|
Established | 1966 |
Jurisdiction | Botswana |
Location | Gaborone |
Website | www |
The Court of Appeal is the highest court of appeal in Botswana. It is based in Gaborone and hears appeals from the High Court and the Industrial Court. [1] It is headed by the President of the Court of Appeal. [2]
Bechuanaland Protectorate was a British protectorate established in 1885, which became the Republic of Botswana in 1966. [3] The Protectorate's legal system was heavily influenced by Roman-Dutch law, inherited through the Cape Colony. Additionally, English common law also shaped the system, particularly in relation to criminal and evidence law. Customary law existed alongside colonial statutes but it lacked formal recognition until later. [4]
Appeals from courts in Bechauanaland were directly made to the Privy Council. [4] [5] It was modeled after the Supreme Court of South Africa. [4] In 1954, a court of appeal was established for appeals from Botswana, Lesotho, and Swaziland. [4] In 1966, the Constitution of Botswana established the Court of Appeal.
The final appeals to the Privy Council from the Court were continued till 1973. [6] Once the Privy Council's jurisdiction was curtailed, the Court became the final court of appeal in Botswana.
The Court of Appeal is presided by the President of the Court of Appeal. [2] In addition to the President, the Court consists of the Chief Justice of Botswana (when not acting as the President ex officio ), other judges of the High Court, and Justices of Appeal. [2] As of December 2024, there were eight judges on the Court of Appeal. [1]
Botswana is a parliamentary republic in which the President of Botswana is both head of state and head of government. The nation's politics are based heavily on British parliamentary politics and on traditional Batswana chiefdom. The legislature is made up of the unicameral National Assembly and the advisory body of tribal chiefs, the Ntlo ya Dikgosi. The National Assembly chooses the president, but once in office the president has significant authority over the legislature with only limited separation of powers.
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.
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The Supreme Court of Singapore is a set of courts in Singapore, comprising the Court of Appeal and the High Court. It hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide a point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a court subordinate to the High Court, which has been reserved by the High Court for decision of the Court of Appeal.
The Court of Appeal of Singapore is the highest court in the judicial system of Singapore. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the chief justice, who is the president of the Court, and the judges of the Court of Appeal. The chief justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.
The Supreme Court of Fiji is one of three courts originally established in Chapter 9 of the 1997 Constitution of Fiji, the others being the High Court and the Court of Appeal. In the current Constitution of Fiji, the Supreme Court is declared to be "the final appellate court" – in other words, there is no judicial authority higher than the Supreme Court within Fiji. In this respect, the Supreme Court takes over the appellate functions formerly performed by the United Kingdom's Judicial Committee of the Privy Council before Fiji became a republic in 1987.
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In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.
The Constitution of Botswana commenced on September 30, 1966.
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The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.
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