The National Assembly of Botswana is a representative chamber of parliament. Constitutionally, this House has legislative power. The members of the National Assembly are elected by universal suffrage and are composed of women and men from different segments of the country`s society. Currently, the National Assembly consists of 63 members, 57 directly elected members under the simple majority system and a five-year term. The other four members are co-opted and the last two (President and Attorney General) are ex officio members. Prior to the establishment of the Bechuanaland Protectorate, there were a variety of indigenous legal systems living in tribal areas, which is now collectively referred to as customary law. The definition of common law is set out in section 2 of the Customary Courts Act 1969 and section 4 of the common law and customary law (Cap. 16:01). The Proclamation of 1891 instructed the High Commissioner to respect local laws. As a result, the laws of these indigenous peoples have been recognized, but have not been included in the general law of the land.
The 1966 Constitution of Botswana did not change this position and still is today. Lawyers who have the right to appear before the courts of Botswana are composed of lawyers and lawyers. While lawyers are general practitioners who provide many services to their clients that do not necessarily involve them in legal proceedings, lawyers or lawyers are advocacy specialists whose main tasks are to take cases to court. The conditions for admission and enrolment in practice are governed by the Law Practitioners Act 1996. Chapter 3 – The Historical Origins and Development of the Legal System This second edition of the Botwana Legal System will be updated until 2013. It provides a history of botswana`s legal system and places it in the context of other important legal systems. The book also presents the sources of law in Botswana and provides a detailed description of the judicial system (which has been extensively reformed in recent years), the legal profession, the legislative process and the interpretation of legislation. This book works well as a general reference work for law and non-law students in Botswana and as a useful introduction for foreign practitioners who want to understand the main differences between Botswana`s legal system and their own. The doctrine of precedent is also known as stare decisis, which is a Latin expression that means “leave the decision as it is.” According to this principle, a lower court is bound by the decision of the higher court.
Needless to say, this doctrine is indeed based on a rigid hierarchy of courts and a regular system of legal relations. Respecting precedent helps to establish a regime of stable laws that creates predictability and ensures that the law evolves in accordance with the needs of the community. The Indigenous Courts Proclamation No. 33 of 1943 (repealed by the African Courts Proclamation No. 19 of 1961) provided for the recognition of customary courts with limited jurisdiction in civil and criminal matters. The 1961 proclamation gave this Court unlimited jurisdiction in civil matters, provided that the parties were African. These courts have applied national laws and practices to African litigation in their jurisdictions/districts. The Court of Appeal is the highest court in terms of the hierarchy of the usual courts. Chapter 15 – Introduction to Legal Writing – Writing a Research Paper Chapter 2 – Introduction to the World`s Most Important Legal Systems Botswana`s legal system is based on Roman-Dutch law and customary law. Judicial review is limited to questions of interpretation. The judiciary consists of the High Court, the Court of Appeal and the Courts of First Instance (one in each district) In addition to the judges, there is also the Attorney-General and the Director of the Public Prosecutor`s Office.
The Attorney General heads an extra-ministerial department and sits ex officio in the cabinet. He is the legal director of the government. The Director of the Public Prosecutor`s Office was part of the Attorney General`s Office until a constitutional amendment in 2005. Nevertheless, it is still subject to the administrative supervision of the Attorney General. The Director of public prosecution is usually responsible for all prosecutions initiated in the country on behalf of the government. The Attorney General and the Director of the Public Prosecutor`s Office are appointed by the President at their discretion, but must meet the requirements for appointment as a judge of the Supreme Court. This book provides a history of botswana`s legal system and places it in the context of other important legal systems. Judicial officers are composed of court officials appointed to settle disputes, legal professionals and legal assistants. Those who decide disputes are judges appointed to the highest courts of the register, judges and persons appointed to customary courts.
There are two methods of appointing Supreme Court judges. The first concerns the appointment of the Chief Justice of the Supreme Court and the President of the Court of Appeal. According to the Constitution, both are appointed by the President at his sole discretion without the involvement of any other person or authority.
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