High Court of Botswana | |
---|---|
Established | 1938 |
Jurisdiction | Botswana |
Location | Gaborone, Lobatse, Francistown, and Maun |
Appeals to | Court of Appeal |
Website | www |
Constitution |
---|
Portal |
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]
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]
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]
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] | |
Botswana, officially the Republic of Botswana, is a landlocked country in Southern Africa. Botswana is topographically flat, with approximately 70 per cent of its territory part of the Kalahari Desert. It is bordered by South Africa to the south and southeast, Namibia to the west and north, Zambia to the north and Zimbabwe to the northeast. With a population of slightly over 2.4 million people and a comparable land area to France, Botswana is one of the most sparsely populated countries in the world. It is essentially the nation-state of the Tswana people, who constitute nearly 80 per cent of the population.
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.
Gaborone is the capital and largest city of Botswana with a population of 246,325 based on the 2022 census, about 10% of the total population of Botswana. Its agglomeration is home to 534,842 inhabitants at the 2022 census.
The Government of Botswana often abbreviated as GOB, is the union government created by the constitution of Botswana having the executive, parliament, and the judiciary. The Seat of the Government is located in Gaborone, Botswana. The government is led by the president.
The Tswana are a Bantu ethnic group native to Southern Africa. Ethnic Tswana made up approximately 85% of the population of Botswana in 2011.
Unity Dow is a Motswana lawyer, author, human rights activist and Member of parliament for Kgatleng West since November 2024. She formerly served as a judge on the High Court of Botswana and in various Botswana government ministries. Born in Botswana to a seamstress and a farmer, who insisted on their children obtaining an education, Dow grew up in a traditional rural village before modernisation. She earned a law degree in 1983 from the University of Botswana and Swaziland, though her studies were completed in Swaziland and University of Edinburgh, Scotland, as Botswana had no law school at the time. After her graduation, Dow opened the first all-woman law firm in Botswana and in 1997 became the first woman to be appointed as a judge to the country's High Court.
Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Botswana face legal issues not experienced by non-LGBTQ citizens. Both female and male same-sex sexual acts have been legal in Botswana since 11 June 2019 after a unanimous ruling by the High Court of Botswana. Despite an appeal by the government, the ruling was upheld by the Botswana Court of Appeal on 29 November 2021.
The Constitution of Botswana commenced on September 30, 1966.
The following outline is provided as an overview of and topical guide to Botswana:
There were estimated to be roughly five to six thousand Chinese people in Botswana as of 2009.
A referendum on judicial reform was held in Botswana on 3 November 2001, having been originally scheduled for 6 October, but later postponed. The referendum asked eight separate questions about judges and courts, all of which were approved, seven by a margin of over 70%. Voter turnout for the referendum was just 4.9%, with 22,600 votes from a total of 460,252 registered voters. The postponement of the referendum by the government, a legal challenge by the Tswana nationalist group Pitso Ya Batswana, and a call by the group for a boycott were all suggested as reasons for the low turnout. Pitso Ya Batswana claimed that the referendum was an attempt by the BaKalanga ethnic group, who are over-represented in the judicial system, to increase their hold over it.
The history of Gaborone began with archaeological evidence in the area around Gaborone dating back to 400 BCE, and the first written accounts of Gaborone are from the earliest European settlers in the 19th century. Since the 1960s, when Botswana gained its independence from Britain and Gaborone became the capital, the city has grown from a small village in the Botswana scrubland to a major center in southern Africa.
Attorney General of Botswana v. Unity Dow was a landmark decision of Botswana's Court of Appeal. The case upheld the decision brought to the High Court of Botswana, by the lawyer, Unity Dow, who would go on to become a judge on the High Court and a government minister. It declared provisions of the 1984 Citizenship Act, which barred children from receiving nationality from their mothers, to be unconstitutional. It resulted in the passage of the 1995 Citizenship Act of Botswana, which eliminated gender disparities in the law. The case sparked women to press for changes to nationality laws across Africa.
The Three Dikgosi Monument is a bronze sculpture located in the Central Business District of Gaborone, Botswana. The statues depict three dikgosi, or tribal chiefs: Khama III, Sebele I, and Bathoen I. The three dikgosi played important roles in Botswana's independence. In 1895, the three men traveled to Great Britain to ask Joseph Chamberlain, Secretary of State for the Colonies, and Queen Victoria to separate the Bechuanaland Protectorate from Cecil Rhodes's British South Africa Company and Southern Rhodesia. Permission was then granted which made Botswana under direct British rule until its independence. There are six plinths giving information about Botswana's independence and struggles. A large coat of arms is featured in front of the three statues. A contract was given to North Korean company Mansudae Overseas Projects to build the monument, which resulted in disappointment from local sculptors. Some minority ethnic groups in Botswana see it as a decree of Tswana dominance.
Mmusi and Others v Ramantele and Another is a 2012 case of the High Court of Botswana in which three sisters disputed their nephew's right to inherit the family home under customary inheritance laws that favoured male descendants. The court ruled that these laws were unconstitutional, asserting for the first time the right of Batswana women to inherit property.
The judiciary of Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. It also provided for the possibility of "subordinate courts", with no further specification (art.84).
The judiciary of New Zealand is responsible for the system of courts that interprets and applies the laws of New Zealand. It has four primary functions: to provide a mechanism for dispute resolution; to deliver authoritative rulings on the meaning and application of legislation; to develop case law; and to uphold the rule of law, personal liberty and human rights. The judiciary is supported in its work by an executive department, the Ministry of Justice.
Duma Gideon Boko is a Botswana politician and lawyer currently serving as the sixth president of Botswana since 1 November 2024 and as leader of the Umbrella for Democratic Change since 2012. He served as the leader of the Opposition in the National Assembly from 2014 to 2019.
Batswana nationality law is regulated by the 1966 Constitution of Botswana, as amended; the Citizenship Act 1998, and its revisions; and international agreements entered into by the government of Botswana. These laws determine who is, or is eligible to be, a national of Botswana. The legal means to acquire nationality, formal legal membership in a nation, differ from the domestic relationship of rights and obligations between a national and the nation, known as citizenship. The Botswana nationality is typically obtained on the principle of jus sanguinis, i.e. by birth to parents with Botswana nationality. It can be granted to persons who have lived in the country for a specific period of time, who have performed distinguished service to the nation or who have an affiliation to the country through naturalisation.
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. It is headed by the President of the Court of Appeal.
25°11′34″S25°40′39″E / 25.1927°S 25.6775°E