High Court of Botswana
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The High Court of Botswana is the highest court of 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
[edit]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]
Notable cases
[edit]References
[edit]- ^ a b 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.
- ^ a b "Administration of Justice - The Hierarchy of the Courts". www.gov.bw. Government of Botswana. Retrieved 11 June 2019.
- ^ "Botswana profile". BBC News. 9 August 2012.
- ^ a b c d 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.
- ^ a b Lubabalo Booi (October 2006). "Botswana's Legal System and Legal Research". GlobaLex. NYU Law.
- ^ Judicial Committee (Abolition of Appeals) Act 1973 (PDF). National Assembly of Botswana. 9 August 1973. Retrieved 14 December 2024.
- ^ SABC News (10 June 2014). "Botswana court to hear arguments in ARV treatment case". Retrieved 4 December 2014.
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