Court of Appeal (Botswana)

Court of Appeal
Coat of arms of Botswana
Established1966
JurisdictionBotswana
LocationGaborone
Websitewww.justice.gov.bw

The Court of Appeal is the highest court of appeal in Botswana. It is based in Gaborone and hears appeals from the High Court and the Industrial Court.[1] It is headed by the President of the Court of Appeal.[2]

History

Bechuanaland Protectorate was a British protectorate established in 1885, which became the Republic of Botswana in 1966.[3] The Protectorate's legal system was heavily influenced by Roman-Dutch law, inherited through the Cape Colony. Additionally, English common law also shaped the system, particularly in relation to criminal and evidence law. Customary law existed alongside colonial statutes but it lacked formal recognition until later.[4]

Appeals from courts in Bechauanaland were directly made to the Privy Council.[4][5] It was modeled after the Supreme Court of South Africa.[4] In 1954, a court of appeal was established for appeals from Botswana, Lesotho, and Swaziland.[4] In 1966, the Constitution of Botswana established the Court of Appeal.

The final appeals to the Privy Council from the Court were continued till 1973.[6] Once the Privy Council's jurisdiction was curtailed, the Court became the final court of appeal in Botswana.

Judges

The Court of Appeal is presided by the President of the Court of Appeal.[2] In addition to the President, the Court consists of the Chief Justice of Botswana (when not acting as the President ex officio), other judges of the High Court, and Justices of Appeal.[2] As of December 2024, there were eight judges on the Court of Appeal.[1]

Notable cases

References

  1. ^ a b "About the Court of Appeal". Government of Botswana. Archived from the original on 4 July 2024. Retrieved 15 December 2024.
  2. ^ a b c "Article 99". Constitution of Botswana. 1966.
  3. ^ "Botswana profile". BBC News. 9 August 2012.
  4. ^ a b c d Bankie Forster (1981). "Introduction to the History of the Administration of Justice of the Republic of Botswana". Botswana Notes and Records. 13: 89–100. Retrieved 14 December 2024.
  5. ^ Lubabalo Booi (October 2006). "Botswana's Legal System and Legal Research". GlobaLex. NYU Law.
  6. ^ Judicial Committee (Abolition of Appeals) Act 1973 (PDF). National Assembly of Botswana. 9 August 1973. Retrieved 14 December 2024.
Stub icon

This Botswana-related article is a stub. You can help Wikipedia by expanding it.

Stub icon

This law-related article is a stub. You can help Wikipedia by expanding it.