Botswana

Legal tradition

Botswana belongs to the mixed roman-dutch and english common law tradition. Substantive private law is Roman-Dutch, received through the Cape rather than directly from the Netherlands, so contract, delict and property are argued from South African authority as much as from local precedent. Procedure, evidence and criminal law follow English models. Customary law is not a residual category here: a formally recognised hierarchy of customary courts under the chiefs (the kgotla) disposes of a very large share of everyday civil and minor criminal matters, with appeals running through the Customary Court of Appeal into the High Court.

How power is divided

Unitary. Districts and sub-districts administer central policy, and the House of Chiefs (Ntlo ya Dikgosi) is an advisory chamber that must be consulted on bills affecting customary law, tribal organisation and tribal property.

Where law comes from

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 legal profession

A fused profession of attorneys admitted by the High Court after a recognised law degree and articles of pupillage; there is no split between advocates and attorneys, and the Law Society of Botswana regulates practice.