TITLE:
Access to Justice in Botswana
AUTHORS:
Kholisani Solo, Pitlagano Godfrey Nsengaali
KEYWORDS:
Access to Justice, Customary Courts, International Instruments, Barriers to Justice, Role of Chiefs
JOURNAL NAME:
Beijing Law Review,
Vol.13 No.3,
August
2,
2022
ABSTRACT: This article seeks to find out if Botswana has achieved complete access to justice for all her citizens. It makes a case for a more radical and comprehensive approach that focuses on promoting access to justice and systemic change. Over the years there has been substantial growth both in the economy of the country and the development of institutions which deal with the administration of justice. On a historical note, the High Court was first established in Bechuanaland in January 1939. From the establishment of the High Court in 1939 until 1955, appeals from that Court were taken to the Judicial Committee of the Privy Council in London. The establishment of the Court of Appeal meant that appeals were no longer taken to the Privy Council. The country currently has a total of four High Court divisions; one in Lobatse, Francistown, Gaborone and Maun. In 1966, Botswana had only two Magistrate Courts, one in Lobatse and another in Francistown. Currently, there are many Magistrate Courts in Botswana. In addition to these formal courts, there are Customary Courts which have been estimated to be dealing with about 80% of cases in this country.