High Court of Botswana

High Court of Botswana
Coat of arms of Botswana
Established	1938
Jurisdiction	Botswana
Location	Gaborone, Lobatse, Francistown, and Maun
Appeals to	Court of Appeal
Website	www.justice.gov.bw

The High Court of Botswana is a superior court of law in Botswana. It is based in Gaborone with branches in Lobatse, Francistown, and Maun. ^{[1] [2]} It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. ^[2] The High Court is headed by the Chief Justice of Botswana. ^[1]

History

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]

The judicial system in the Protectorate consisted of judicial commissioners and customary courts. The High Court of Botswana was officially established in 1938. ^[5] It was modeled after the Supreme Court of South Africa. ^[4]

Appeals from the High Court were directly made to the Privy Council. ^{[4] [5]} In 1954, a court of appeal was established for appeals from Botswana, Lesotho, and Swaziland. ^[4] The final appeals to the Privy Council were continued till 1973. ^[6]

Judges

The High Court consisted of expatriate judges until 1992. ^[7] Since then, Batswana citizens were appointed to the Court. As of 2024, all the judges on the Court were Batswana citizens. ^[7]

List of chief justices of Botswana

Chief Justice		Term		Ref.
	Dendy Young	1968	1971	[8]
	Akinola Aguda	1972	1975
	George O. L. Dyke	1975	1977
	Robert John Hayfron-Benjamin	1977	1981
	Aiden O'Brien Quinn	1981	1987
	Eben Livesey Luke	1987	1992
	Moleleki Mokama	1992	1997
	Julian Nganunu	1997	2010
	Maruping Dibotelo	November 2009 (Acting)	1 February 2010 (Acting)	[9]
		2 February 2010	30 April 2018
	Terence Rannowane	30 April 2018	Incumbent	[10]

Notable cases

• Mmusi v Ramantele (2012)
• Tapela v Attorney General (2014) ^[11]

References

1. Redgment, John (1988). "The structure of the courts of appeal of Botswana, Bophuthatswana and Zimbabwe". The Comparative and International Law Journal of Southern Africa. 21 (1): 105–113. ISSN   0010-4051. JSTOR   23247649.
2. "Administration of Justice - The Hierarchy of the Courts". www.gov.bw. Government of Botswana. Retrieved 11 June 2019.
3. "Botswana profile". BBC News. 9 August 2012.
4. Bankie Forster (1981). "Introduction to the History of the Administration of Justice of the Republic of Botswana". Botswana Notes and Records. 13: 89–100. Retrieved 14 December 2024.
5. Lubabalo Booi (October 2006). "Botswana's Legal System and Legal Research". GlobaLex . NYU Law.
6. Judicial Committee (Abolition of Appeals) Act 1973 (PDF). National Assembly of Botswana. 9 August 1973. Retrieved 14 December 2024.
7. "About the High Court". Botswana Judiciary. Government of Botswana. Archived from the original on 6 December 2024. Retrieved 15 December 2024.
8. "Efficient judicial system ensures justice". Daily News Botswana . Gaborone. 27 September 2002. Archived from the original on 5 March 2016. Retrieved 15 December 2024.
9. Bame Piet (3 February 2010). "Dibotelo replaces Nganunu". Mmegi . Archived from the original on 21 November 2022. Retrieved 15 December 2024.
10. "Rannowane sworn in as Chief Justice". Mmegi . 1 May 2018. Archived from the original on 15 December 2024. Retrieved 15 December 2024.
11. SABC News (10 June 2014). "Botswana court to hear arguments in ARV treatment case" . Retrieved 4 December 2014.

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