serious criminal cases where the accused face the prospect of the death
penalty.
In the short term the situation could be improved by enforcement of Section 56 in a
way that enables junior practitioners to be led by senior practitioners in pro Deo
cases. This would avoid the potential prejudice to murder accused being defended
by inexperienced practitioners while maintaining the training function of the pro
Deo system. The obvious downside of this proposal is the additional cost to
government coupled with the reluctance of many senior private practitioners to
provide community service.
Duty to Guarantee the Independence of the Judiciary
The Judiciary is established under Chapter VI of the Constitution as an
independent arm of the State with the responsibility to administer justice.
The Independence of the Judiciary is succinctly demonstrated in the case of Mmusi
and others Vs Ramantele where the High Court firmly asserted its Independence
from the Legislative Arm of Government in the following terms “….Where
Parliament is slow to effect the promise of the Constitution, the High Court being
the fountain of justice and the guardian of the Constitution will not hesitate to
perform its constitutional duty when called upon to do so”
The ability of the Judiciary to discharge its functions efficiently also depends on
the support it receives from other institutions linked to the administration of
justice as the Attorney General’s Chambers, Botswana Police Service, Botswana
Prisons and the Directorate on Corruption and Economic Crimes (DCEC).
Cases Brought Before The Courts During The Period Under Review.
[The table below provides the number of cases heard in the period reflected
(including legal aid matters).
Year
2010
2011
2012
2013
2014
2015
42 | P a g e
Number of cases heard
50980
48258
61745
52368
55207
45483 needs to be updated