High Court Of Botswana
History
Bechuanaland Protectorate was a British protectorate established in 1885, which became the Republic of Botswana in 1966. 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.
The judicial system in the Protectorate consisted of judicial commissioners and customary courts. The High Court of Botswana was officially established in 1938. It was modeled after the Supreme Court of South Africa.
Appeals from the High Court were directly made to the Privy Council. In 1954, a court of appeal was established for appeals from Botswana, Lesotho, and Swaziland. The final appeals to the Privy Council were continued till 1973.
Judges
The High Court consisted of expatriate judges until 1992. Since then, Batswana citizens were appointed to the Court. As of 2024, all the judges on the Court were Batswana citizens.
List of chief justices of Botswana
| Chief Justice | Term | Ref. | ||
|---|---|---|---|---|
|
Dendy Young | 1968 | 1971 | |
|
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) |
||
| 2 February 2010 | 30 April 2018 | |||
| Terence Rannowane | 30 April 2018 | Incumbent | ||
Notable cases
- Mmusi v Ramantele (2012)
- Tapela v Attorney General (2014)
References
- ^ 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.
- ^ "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.
- ^ 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.
- ^ 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.
- ^ "About the High Court". Botswana Judiciary. Government of Botswana. Archived from the original on 6 December 2024. Retrieved 15 December 2024.
- ^ "Efficient judicial system ensures justice". Daily News Botswana. Gaborone. 27 September 2002. Archived from the original on 5 March 2016. Retrieved 15 December 2024.
- ^ Bame Piet (3 February 2010). "Dibotelo replaces Nganunu". Mmegi. Archived from the original on 21 November 2022. Retrieved 15 December 2024.
- ^ "Rannowane sworn in as Chief Justice". Mmegi. 1 May 2018. Archived from the original on 15 December 2024. Retrieved 15 December 2024.
- ^ SABC News (10 June 2014). "Botswana court to hear arguments in ARV treatment case". Retrieved 4 December 2014.
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