Legal System of Botswana

Botswana is located in Africa. It is geographically situated in southern africa, north of south africa. The country achieved independence on 30 september 1966 (from the uk). The capital is Gaborone.

Government Overview

Government Type: parliamentary republic Chief of State: President Duma BOKO (since 1 November 2024) Head of Government: President Duma BOKO (since 1 November 2024) Cabinet: Cabinet appointed by the president Administrative Divisions: 10 districts and 6 town councils*; Central, Chobe, Francistown*, Gaborone*, Ghanzi, Jwaneng*, Kgalagadi, Kgatleng, Kweneng, Lobatse*, North East, North West, Selebi-Phikwe*, South East, Southern, Sowa Town* National Holiday: Independence Day (Botswana Day), 30 September (1966) Suffrage: 18 years of age; universal

Legal System

The legal system of Botswana is described as mixed legal system of civil law influenced by the Roman-Dutch model, including customary and common law International Law: accepts compulsory ICJ jurisdiction with reservations; accepts ICCt jurisdiction

Constitutional Framework

The constitution has the following history: previous 1960 (pre-independence); latest adopted March 1965, effective 30 September 1966 Amendment Process: proposed by the National Assembly; passage requires approval in two successive Assembly votes with at least two-thirds majority in the final vote; proposals to amend constitutional provisions on fundamental rights and freedoms, the structure and branches of government, and public services also requires approval by majority vote in a referendum and assent by the president of the republic

Judicial Branch

Highest Court(s): Court of Appeal, High Court (each consists of a chief justice and a number of other judges as prescribed by the Parliament) Judge Selection: Court of Appeal and High Court chief justices appointed by the president and other judges appointed by the president upon the advice of the Judicial Service Commission; all judges appointed to serve until age 70 Subordinate Courts: Industrial Court (with circuits scheduled monthly in the capital city and in 3 districts); Magistrates Courts (1 in each district); Customary Court of Appeal; Paramount Chief’s Court/Urban Customary Court; Senior Chief’s Representative Court; Chief’s Representative’s Court; Headman’s Court

Legislative Branch

The legislative structure consists of unicameral Note: note: the House of Chiefs (Ntlo ya Dikgosi), an advisory body to the National Assembly, consists of 35 members – 8 hereditary chiefs from Botswana’s principal tribes, 22 indirectly elected by the chiefs, and 5 appointed by the president; the House of Chiefs consults on issues including powers of chiefs, customary courts, customary law, tribal property, and constitutional amendments

Citizenship and Suffrage

Citizenship by Birth: no Citizenship by Descent: at least one parent must be a citizen of Botswana Suffrage: 18 years of age; universal

Historical Background

In the early 1800s, multiple political entities in what is now Botswana were destabilized or destroyed by a series of conflicts and population movements in southern Africa. By the end of this period, the Tswana ethnic group, who also live across the border in South Africa, had become the most prominent group in the area. In 1852, Tswana forces halted the expansion of white Afrikaner settlers who were seeking to expand their territory northwards into what is now Botswana.

This article provides a summary of the legal system and governmental structure of Botswana based on the CIA World Factbook. The Factbook is a public domain publication of the United States Central Intelligence Agency.