Botswana · Legislation
Legislation and primary sources
Where to find the authoritative text of the law in Botswana, and how to confirm it is still in force.
Sources of law, ranked
- Constitution
- Supreme law; inconsistent legislation is invalid.
- Acts of Parliament
- Primary legislation, published in the Government Gazette.
- Roman-Dutch common law
- Substantive private law, drawn largely through Cape and South African authority.
- Customary law
- Applied by the customary courts; valid so far as not contrary to morality, humanity or natural justice.
- Case law
- Binding precedent from the Court of Appeal downwards.
The legislative process
Bills are introduced in the National Assembly, take three readings with committee scrutiny between the second and third, and go to the President for assent. Bills affecting customary law, tribal property or the organisation of the tribes must first be referred to the Ntlo ya Dikgosi for its opinion, though that opinion does not bind the Assembly.
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