Criminal
Penal Code offences, retained capital punishment and customary courts for minor matters
The Penal Code is the principal source of offences. Botswana retains and carries out the death penalty for murder without extenuating circumstances, one of the few African states still executing. Customary courts try minor offences with limited sentencing powers, and there is no jury — trial is by judge.
Key rules
- Jurisdiction — Magistrates' courts try most offences; the High Court hears murder and serious matters; the Court of Appeal is final.
- Deadline — Arrested person brought before a court as soon as reasonably practicable, within 48 hours
Governing law
- Penal CodeCap 08:01
- Criminal Procedure and Evidence ActCap 08:02
- Customary Courts Act (Cap 04:05) — limited criminal jurisdiction
In practice
Criminal procedure is English in form — adversarial, judge-alone — while the substantive Penal Code is a colonial-era codification since amended. The retention of executions distinguishes Botswana from Namibia, South Africa and Zambia, all of which have abolished or ceased the practice.