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High Court of Botswana
Highest court in Botswana From Wikipedia, the free encyclopedia
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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]
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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]
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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
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Notable cases
- Mmusi v Ramantele (2012)
- Tapela v Attorney General (2014)[11]
References
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