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Development of the Judicial system

The traditional leadership or Kgotla system has played a key role in the judicial system of Botswana wayback before 1966 as a place for free access to justice for rural households. Presided by a Chief who had advisors and elders as the jury, the Kgotla system serves as a vehicle of dispute resolution among its communities and help deal with both civil and minor criminal cases. The institution is supported by the local police commonly known as Mapodise a Kgotla suggesting that now more modern than traditional.

However the country’s legal system is based on the Roman-Dutch Law and customary law with the judicial review being limited to matters of interpretation.

In 1966, there were only two magistrate courts in the country, one in Lobatse and the other in Francistown. Today, the courts operate in 25 different places around the country with three High Court divisions, the head quarters in Gaborone, Lobatse and in Francistown.

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