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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The international conflict of laws in Botswana
Author:Sanders, A.J.G.M.ISNI
Year:1984
Periodical:Jahrbuch für afrikanisches Recht
Volume:5
Pages:137-158
Language:English
Geographic term:Botswana
Subject:conflict of laws
Abstract:Bringing order between and eventually integrating common and customary laws con stitutes a major reform task for Botswana. In respect of the law of crimes the unification process is virtually complete. In respect of private law matters, however, the legislature has confined itself thus far to formulating internal conflict rules. The core of these rules is found in the 1969 Customary Law Act, while the rest is scattered all over the statute book. A consolidating and updated Internal Conflict of Laws Act is called for. Moreover, the dual system of courts has outlived its original purpose and, with a view to Botswana's long-term obj ective of a national unification of laws, should be replaced by an integrated court system. It is suggested that this change be effected by including the chief's courts in an extended range of 'subordinate', i.e. magistrate's courts. Notes, ref.
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