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Periodical article Periodical article ASC Leiden catalogue ASC Leiden catalogue WorldCat catalogue WorldCat
Title:Judicial intervention in the election process: Botswana's experience.
Author:Otlhogile, Bojosi
Year:1994
Periodical:The Comparative and International Law Journal of Southern Africa
Volume:27
Issue:2
Pages:222-233
Language:English
Geographic term:Botswana
Subjects:elections
election law
administration of justice
Abstract:Botswana is one of the few African countries with a stable multiparty political system and a stable parliamentary democracy. This article deals with the role of the judiciary in the electoral process, which is laid down by the constitution and the election laws. It first examines the role of the judiciary during elections; second, it outlines the jurisdiction of the courts in election petitions; and third, it looks at how the courts have discharged their role in election disputes. The conclusion is that while in the few cases that have come before them, the courts have performed admirably in resolving disputes, there is a reluctance to use the constitution to dispose of the issues. The tendency is to stick to a strict interpretation of the law. Notes, ref.