There has been an increase of High Courts from two to three. In 2012, Gaborone
High Court was added to the already existing courts in Lobatse and Francistown.
There is a total of twenty-three 23 Judges. Nine (9) are based in Gaborone, seven (7)
in Lobatse and seven (7) in Francistown.
There are twenty-eight (28) Magistrate Courts in the country. Trade disputes are
heard at the Industrial Court which is in Gaborone and Francistown. It is a Court
of Equity. There is also the Land Tribunal which addresses land disputes. A right
to appeal the decisions of the Land Tribunal / Land Boards lies with the High
Court and this also serves as a review mechanism within the justice system
Specialized courts have also been introduced to dispense justice expeditiously.
These are the Small Claims Courts, the Traffic Courts, Stock Theft Courts,
Corruption Courts and Child Maintenance Courts (to enable women to access
payment of maintenance). A right of Appeal from these courts lies with the higher
courts.
Right to Presumption of Innocence
Section 10(2) (a) of the Constitution provides that anybody charged with a criminal
offence is presumed innocent until proven or has pleaded guilty to the charges.
Right to be defended by Counsel of Choice
The Constitution also guarantees in Section 10(2) (d) the right to legal
representation in criminal cases at the defendant’s own expenses.
A person charged with a criminal offence shall also, according to Section 10(2)(b)
and 10(2)(f), be informed as soon as possible, in a language that he/she
understands, be given sufficient time and facilities for the preparation of his/her
defense and be provided, free of charge, with the service of an interpreter if he/she
doesn’t understand the language of the charge at the trial.
The records and proceedings of every Court are in all cases accessible to the public
under the supervision of an officer of the Court, at convenience and upon payment
of a fee.
Right to be Tried within a Reasonable Time
In order to promote the right to be tried within a reasonable time, the government
embarked on the following initiatives:
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