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High Court of Botswana

High Court of Botswana
Coat of arms of Botswana
Established1938
JurisdictionBotswana
LocationGaborone, Lobatse, Francistown, and Maun
Appeals toCourt of Appeal
Websitewww.justice.gov.bw
Politics of Botswana
Constitution
Government
Parliament
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Administrative divisions
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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]

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]

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

Chief Justice Term Ref.
Rhodesia Dendy Young 1968 1971 [8]
Nigeria Akinola Aguda 1972 1975
George O. L. Dyke 1975 1977
Ghana Robert John Hayfron-Benjamin 1977 1981
Republic of Ireland Aiden O'Brien Quinn 1981 1987
Sierra Leone Eben Livesey Luke 1987 1992
Botswana Moleleki Mokama 1992 1997
Julian Nganunu 1997 2010
Maruping Dibotelo November 2009
(Acting) 		1 February 2010
(Acting) 		[9]
2 February 2010 30 April 2018
Terence Rannowane 30 April 2018 Incumbent [10]

Notable cases

References

  1. ^ 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.
  2. ^ a b "Administration of Justice - The Hierarchy of the Courts". www.gov.bw. Government of Botswana. Retrieved 11 June 2019.
  3. ^ "Botswana profile". BBC News. 9 August 2012.
  4. ^ 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.
  5. ^ a b Lubabalo Booi (October 2006). "Botswana's Legal System and Legal Research". GlobaLex. NYU Law.
  6. ^ Judicial Committee (Abolition of Appeals) Act 1973 (PDF). National Assembly of Botswana. 9 August 1973. Retrieved 14 December 2024.
  7. ^ a b "About the High Court". Botswana Judiciary. Government of Botswana. Archived from the original on 6 December 2024. Retrieved 15 December 2024.
  8. ^ "Efficient judicial system ensures justice". Daily News Botswana. Gaborone. 27 September 2002. Archived from the original on 5 March 2016. Retrieved 15 December 2024.
  9. ^ Bame Piet (3 February 2010). "Dibotelo replaces Nganunu". Mmegi. Archived from the original on 21 November 2022. Retrieved 15 December 2024.
  10. ^ "Rannowane sworn in as Chief Justice". Mmegi. 1 May 2018. Archived from the original on 15 December 2024. Retrieved 15 December 2024.
  11. ^ SABC News (10 June 2014). "Botswana court to hear arguments in ARV treatment case". Retrieved 4 December 2014.

25°11′34″S 25°40′39″E / 25.1927°S 25.6775°E / -25.1927; 25.6775


Quelle: https://en.wikipedia.org/wiki/Supreme_Court_of_Botswana