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Jurisdiction and

composition of the courts


of Botswana

The Court of Appeal


Establishment under Sec. 91 Constitution of Botswana
compositionCourt of Appeal (ss 99-102)
[Ch0000s99] 99. Composition and jurisdiction

(1) There shall be a Court of Appeal for Botswana which shall have such
jurisdiction and powers as may be conferred on it by this Constitution or any
other law.

(2) The judges of the Court of Appeal shall be


(a) the President of the Court of Appeal;

(b) such number, if any, of Justices of Appeal as may be prescribed by


Parliament; and

(c) the Chief Justice and the other judges of the High Court:

Provided that Parliament may make provision for the office of President of
the Court of Appeal to be held by the Chief Justice ex-officio.

(3) The office of a Justice of Appeal shall not be abolished while there is a
substantive holder thereof.

(4) The Court of Appeal shall be a superior court of record and save as
otherwise provided by Parliament shall have all the powers of such a court.

sec.100. Appointment of judges of Court of Appeal

100.Appointment of judges of Court of


Appeal

(1) The President of the Court of Appeal


shall, unless that office is held ex-officio by
the Chief Justice, be appointed by the
President.

(2) The Justices of Appeal, if any, shall


be appointed by the President, acting in
accordance with the advice of the Judicial
Service Commission.

Quorum... tenure
Where court sits for interpretation u/s 18, 106
for the protection of Bill of rights, -- 5 members
Sec.101. Tenure of office of judges of Court of
Appeal

(1) Subject to the provisions of this section, a


person holding the office of a judge of the Court
of Appeal shall vacate that office on attaining the
age of 70 years or such other age as may be
prescribed by Parliament:

Types of Appeal
1. Appeal as of right- from the decision of HC-- all
matters related to interpretation of constitution
All matters originating from original jurisdiction of High
court
cases from HC -- against fundamental rights
HC decision under supervisory jurisdiction
2. Appeal by Leave by HC / or By Court of Appeal itself
( where HC refuse to grant leave)
from interim order
From any order relating to cost only
from any order made with the consent of parties

The High Court (ss 95-98)


95. Jurisdiction and composition

(1) There shall be for Botswana a High Court


which shall have unlimited original jurisdiction to
hear and determine any civil or criminal
proceedings under any law and such other
jurisdiction and powers as may be conferred on
it by this Constitution or any other law.

(2) The judges of the High Court shall be the


Chief Justice and such number of other judges of
the Court as may be prescribed by Parliament:

(3) The High Court shall be a superior court of record


and, save as otherwise provided by Parliament, shall
have all the powers of such a court.

(4) The High Court shall sit in such places as the


Chief Justice may appoint.

(5) The High Court shall have jurisdiction to


supervise any civil or criminal proceedings before
any subordinate court or any court martial and may
make such orders, issue such writs and give such
directions as it may consider appropriate for the
purpose of ensuring that justice is duly administered
by any such court.

96.Appointment of judges of High


Court

(1) The Chief Justice shall be


appointed by the President.

2 of 2002, s. 3(a). (2) The other


judges of the High Court shall be
appointed by the President, acting in
accordance with the advice of the
Judicial Service Commission.

97.Tenure of office of judges of High


Court
(1) Subject to the provisions of this
section, a person holding the office of
a judge of the High Court shall
vacate that office on attaining the
age of 70 years or such other age as
may be prescribed by Parliament:

Jurisdiction HIGH COURTS ACT CAP


04: 02 SEC.10
Basically unlimited original jurisdiction in civil and criminal cases
specific 3 types 1. ORIGINAL JURISDICTION - means when court hear
cases at the first instance- murder ; under section 18 protection
fundamental rights ; interpretation of constitution u /s 106
2. SUPERVISORY JURISDICTION - over all other lower courts;
Use of writs mandamus,certiorari( review any case tried in lower
Court) ; prohibition
monthly reports by subordinate to high courts
3. APPEALLATE JUIRSDICTION only on point of law- HC serve as appeal
court from all sub. Courts- - c it confirms , amend , change the sentence/
punishment , order for new trial , can set aside any such judgment
civil appeals with leave of court from interim orders; other civil orders

MAGISTRATE COURTS see s. 17 of


Magistrate Courts Act
POWER in terms of max.punishment and fine in
criminal cases or damages in civil cases
1. territorial jurisdiction matters within its
district
Pecuniary jurisdiction section 30- civil claims
not exceeding
i. Chief and Regional Magis.- P40,000/
II.-Principal Magis. P30,000
Iii. Senior Magis P 20,000
IV. Magis. Grade I P 15,000
V. Magis Grade II- P 10,000

Punishment
i. Chief and Regional Magis.- 15 yrs
punishment / fine P40,000/ or both / 12 strokes
II.-Principal Magis. 12 yrs punishment / fine
P30,000 / or both /10 strokes
Iii. Senior Magis 10 yrs punishment / fine P
20,000 / or both / 9 strokes
IV. Magis. Grade I 7 yrs punishment / fine P
15,000 / or both / 7 strokes
V. Magis Grade II- 5 yrs punishment / fine P
10,000 / or both / 5 strokes

Children Court New Children Act s.36