Legal Aid Botswana provides Legal services including legal advice, legal representation in the Magistrates’ Courts, High Court, Industrial Court, Land Tribunal and the Court Of Appeal. Appeals are made to the Court of Appeal of Botswana. 1 The opportunity for me to make a survey of the Tswana customary courts arose in the months between November 1968 and March 1970, while I was acting as Customary Law Adviser to the Botswana Government. (6.6.3) The list of scheduled offences which are outside the jurisdiction of traditional courts, should be reviewed and reassessed with a view to ensuring that these courts only preside over the very minor and simple offences. Judicial review is limited to matters of interpretation. The superior court in Botswana is the Court of Appeal, followed by the High Court, which stands superior to the Magistrates’ Court. However, this power is made subject to the limits of jurisdiction prescribed by the Act. On failure of accused to appear at trial, recognizance to be forfeited B. This is the court that lies between the Magistrate Court and the Court of Appeal. The legal system comprises Roman–Dutch and customary law. Supreme court: High Court of Botswana. [21] It is s 11 of the Act that governs the civil jurisdiction of the magistrates’ courts. S.30 of the Magistrate’s Court Act lists matters that Magistrate’s Courts have no power to hear. They are created by statute, the Magistrate’s Courts Act, as subordinate courts and are supervised by the High Court, through various powers. The High Court of Botswana is at Lobatse, with a branch at Francistown. This Act concerns the establishment, recognition, functioning and jurisdiction of Customary Courts and related matters. Customary Courts play a very important part in the Botswana legal system and they probably deal with as many as 80% of criminal matters brought before the courts. Botswana's legal system is based on Roman-Dutch law and customary law. Judicial System of Botswana. THE BOTSWANA CUSTOMARY LAW ACT, z969 BY C. M. G. HIMswoRTH Prior to 1969 the legal system of Botswana enjoyed the characteristics of the dual existence of customary and common law (and the courts in which they were administered) typical of most of Anglophone Africa. ICLG - International Arbitration Laws and Regulations - Botswana covers common issues in international arbitration laws and regulations – including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures – in 34 jurisdictions Refusal of bail from the uncertain issue of act committed 109 . Magistrate to determine whether the offence is bailable 108 . A Court Martial also falls under inferior courts. Every magistrate's court is vested with original criminal jurisdiction (other than in respect of offences upon indictment in the High Court), and is ordinarily empowered to impose sentences up to a fine of Rs. 107 . 2 of 2016. The Subordinate Courts are established under Article 120 of the Constitution of the Republic of Zambia, Act No. In 1966, there were only two magistrate courts in the country, one in Lobatse and the other in Francistown. (2) The Minister may, by warrant under his hand, recognize or establish in Botswana such customary courts as he thinks fit, and shall define in each warrant the jurisdiction as to causes of action and the local limits of jurisdiction … MAGISTRATE COURTS see s. 17 of Magistrate Courts Act POWER in terms of max.punishment and fine in criminal cases or damages in civil cases 1. territorial jurisdiction matters within its district Pecuniary jurisdiction section 30- civil claims not exceeding i. (3) There shall be, in each Division, such magistrates' courts as the Chief Justice may direct. (4) Any power, authority, function or discretion vested in a magistrates' court by this or any other Act shall be possessed and may be exercised by a magistrate having adequate jurisdiction. Eastern Cape [Draft]: Find a court in your area. It is, however, common cause that juveniles who committed serious crimes which falls outside the jurisdiction of the customary and magistrates were sentenced to terms of imprisonment by the High Court. The Magistrates try the bulk of the offences committed in this country and they handle the bulk of common disputes between ordinary citizens of Botswana. The other set of courts is made up of customary courts, established under the Customary Courts Act (Chapter04:05)5. Although customary courts have their own hierarchy, they all rank as the lowest courts in the general hierarchy of courts and their jurisdiction is almost limited only to certain civil matters. Preliminary (ss 1-2) 1. Another important distinction is that between courts of general, ordinary or normal jurisdiction and courts of special jurisdiction. [20] By s 12 of the Magistrates Court Act, magistrates’ courts have the jurisdiction, among other things, to grant spoliation orders. About the High Court . Botswana: International Arbitration Laws and Regulations 2020. The High Court is a court of first instance, though it hears appeals from lower courts (for example the Magistrates’ Court) and tribunals (for example the Land Tribunal), as well as reviews of the decisions of the same. On failure of accused to appear at trial, recognizance to be forfeited B Magistrate 's Court to impose penalties. Bwp 60,000.00 based on Roman-Dutch law and customary law such as rape, robbery theft! 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