1. In 2010, the Government introduced, through the Administration of Justice, the
Judicial Case Management System, at the level of the High Court and the Court of
Appeal. This was intended to deal with backlog of cases. Statistics before 2010
reflected that the disposal rate of cases stood at an average of 75% – 80% annually. It
is worth noting that the Judicial Case Management System has also been
introduced at the Magistrate Courts.
2. The Administration of Justice has also introduced Mobile Courts. Mobile Courts
are intended to take justice to the people, particularly in areas where there are no
courts.
3. The judiciary continues to reform its internal processes and plans to introduce
Court Annexed Mediation which is a form of alternative dispute resolution in
order to accelerate the disposal of cases and reduce litigation costs.
4. A Legal aid project was piloted by the government in collaboration with four
civil society organisations25 from 2011 to 2013. It is now a fully fledged institution
operating under the name, Legal Aid Botswana, and provides legal assistance to
indigent persons in Botswana.
The Government of Botswana is aware of the principles of legal aid laid down by
the African Commission on Human and Peoples’ Rights in its Guidelines and
Principles on the Right to a Fair Trial and Legal Assistance in Africa, which urge
States parties to provide for legal assistance in “any case where the interest of
justice so require26.”
The demand for legal aid in the country since its inception has been as follows:
Year
2011
2012
Legal Aid Botswana through its offices
132
963
NGOs
88
652
TOTAL
220
1645
25
The following organizations were selected and approved by a Ministerial Tender Committee:
Botswana Network on Ethics, Law and HIV (BONELA), Women Against Rape (WAR),
DITSWANELO and EMANG BASADI.
According to the Guidelines, the “interest of justice” is determined by considering (1) in
criminal matters, the seriousness of the offence and the severity of the sentence (2) in civil
matters, the complexity of the case and the ability of the party to adequately represent himself or
herself, the right that is affected and the likely impact of the outcome of the case on the wider
community. See Guidelines and Principles on the Right to a fair trial and legal assistance in
Africa, Chapter H (b).
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