The High Court of Botswana is a superior court of law in Botswana. It is based in Gaborone with branches in Lobatse, Francistown, and Maun. It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. The High Court is headed by the Chief Justice of Botswana.
History Bechuanaland Protectorate was a British protectorate established in 1885, which became the Republic of Botswana in 1966. 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.
The judicial system in the Protectorate consisted of judicial commissioners and customary courts. The High Court of Botswana was officially established in 1938. It was modeled after the Supreme Court of South Africa.
Appeals from the High Court were directly made to the Privy Council. In 1954, a court of appeal was established for appeals from Botswana, Lesotho, and Swaziland. The final appeals to the Privy Council were continued till 1973.
Judges The High Court consisted of expatriate judges until 1992. Since then, Batswana citizens were appointed to the Court. As of 2024, all the judges on the Court were Batswana citizens.
List of chief justices of Botswana Chief JusticeTerm Ref. Dendy Young 1968 1971 Akinola Aguda 1972 1975 George O. L. Dyke 1975 1977 Robert John Hayfron-Benjamin 1977 1981 Aiden O'Brien Quinn 1981 1987 Eben Livesey Luke 1987 1992 Moleleki Mokama 1992 1997 Julian Nganunu 1997 2010 Maruping Dibotelo November 2009(Acting) 1 February 2010(Acting) 2 February 2010 30 April 2018 Terence Rannowane 30 April 2018 18 January 2025 Gaolapelwe Ketlogetswe18 January 2025Current
Notable cases Mmusi v Ramantele (2012) Tapela v Attorney General (2014)
References