Rights
1966 Constitution with a Court of Appeal apex and entrenched Chapter II rights
Botswana has kept one constitution since independence in 1966, unusually for the region. Chapter II contains justiciable fundamental rights, and the Court of Appeal sits at the apex above the High Court. There is no separate constitutional court; constitutional questions reach the Court of Appeal through the ordinary hierarchy. Ntuli and Attorney General v Dow (1992) established that the Constitution is read purposively rather than literally.
Key rules
- Jurisdiction — The High Court hears constitutional challenges at first instance; the Court of Appeal in Gaborone is final.
Governing law
- Constitution of Botswana 1966 — Chapter II fundamental rights; s 105 amendment procedure
- Court of Appeal ActCap 04:01
- Customary Courts Act (Cap 04:05) — recognises the parallel customary hierarchy
In practice
Botswana's constitutional order is notable for continuity: a single 1966 text, amended but never replaced, applied by a judiciary with a strong record of independence. The House of Chiefs (Ntlo ya Dikgosi) is an advisory body on customary and tribal matters rather than a legislative chamber, which keeps customary interests inside the constitutional structure without giving them a veto.