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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The independence of the judiciary in Botswana: the law and the reality
Author:Quansah, E.K.ISNI
Periodical:Annual conference - African Society of International and Comparative Law
Geographic term:Botswana
judicial power
Abstract:Botswana's 1966 independence Constitution provides for an independent judiciary. Chapter VI of the Constitution deals with the setting up of the various courts, their jurisdictions and composition, and the appointment and tenure of judges. It also sets up the Judicial Service Commission, which is the main body which appoints or recommends judges for appointment. While the constitutional provisions have laid down the de jure foundations for judicial independence in Botswana, there are some reservations about the de facto situation, particularly in the area of localizing the superior bench. Dominated as it is by expatriates, the judiciary may sometimes feel constrained in deciding certain cases, particularly in constitutional issues, where the decison seems to run counter to the wishes of the legislature. However, this appears to be the exception rather than the rule. The Attorney-General v. Unity Dow case (1991) has indicated that the judiciary is aware of its role and will assert its independence. App. (extract from the UN Basic Principles on the Independence of the Judiciary), notes, ref.