Comparative law and justice/Botswana

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Abanks 9719 22:21, 7 February 2011 (UTC)

Basic Information[edit | edit source]

Botswana (orthographic projection)

Location: "Botswana is in Southern Africa, north of South Africa". Land Boundaries: "Namibia 1,360 km, South Africa 1,840 km and Zimbabwe 813 km".

Geography: "Size 600,370 sq km, slightly smaller than Texas, US. The terrain is predominantly flat to gently rolling tableland. The great Kalahari Desert lies in the southwest of the country. The climate is semi-arid with warm winters and hot summers. The lowest point in Botswana is at the junction of the Limpopo and Shashe Rivers which measures 513 m. The highest point is at the Tsodilo Hills at 1,489 m. Botswana is landlocked and most of its population lives in the east of the country".

Population: "Just over 1.5 million people live in Botswana. Life expectancy is around 30 years. Birth rate is on average 3.1 per woman. 37% of the population is believed to have HIV/AIDS. Literacy rate is just over 79%".

Languages: "English (official), Setswana is spoken by most people in Botswana and there are also some indigenous languages".

Ethnic Groups: "Tswana (or Setswana) 79%, Kalanga 11%, Basarwa 3%, other, including Kgalagadi and white 7%".

Religion: "Indigenous beliefs 85% and Christian 15%".


Economic Development: "GDP (purchasing power parity): $26.56 billion (2010 est.) country comparison to the world: 112 $25.76 billion (2009 est.) $27.23 billion (2008 est.) note: data are in 2010 US dollars"

"GDP (official exchange rate): $12.5 billion (2010 est.)"

"GDP - real growth rate: 3.1% (2010 est.) country comparison to the world: 118 -5.4% (2009 est.) 2.9% (2008 est.)"

"GDP - per capita (PPP): $13,100 (2010 est.) country comparison to the world: 88 $12,900 (2009 est.) $13,900 (2008 est.) note: data are in 2010 US dollars"

"GDP - composition by sector: agriculture: 2.3% industry: 45.8% services: 51.9% (2009 est.)"

"Labor force: 685,300 formal sector employees (2007) country comparison to the world: 151" [2]


"Population, 2008 2,000,000

People living with HIV/AIDS, 2007 300,000

Women (aged 15+) with HIV/AIDS, 2007 170,000

Children with HIV/AIDS, 2007 15,000

Adult HIV prevalence (%), 2007 23.9

AIDS deaths, 2007 11,000" [3]

Education: "(7 years of primary, 3 years of junior secondary and 2 years of senior secondary education)"

"Currently, all school-age going children have a right to the first ten years of school. The Primary School Leaving Examination (PSLE), taken at the end of the primary level, is no longer used for selection into junior secondary school. However, the Junior Certificate Examination (JCE) taken at the end of the junior secondary is used to determine progression into senior secondary school".

"The Botswana General Certificate of Secondary Examination (BGCSE), which is taken at the end of senior secondary education, also determines entry into different tertiary institutions. All three examinations are local. The senior secondary schools available cannot absorb all JCE leavers. The pupils who do not follow the academic route can enroll for vocational education through apprenticeship or other forms of vocational training".

"Duration of compulsory education: 10 years

Starting age of compulsory education: 6 years

Ending age of compulsory education: 15 years" [4]

Brief History[edit | edit source]

History: "Formerly the British protectorate of Bechuanaland, Botswana adopted its new name upon independence in 1966. Four decades of uninterrupted civilian leadership, progressive social policies, and significant capital investment have created one of the most dynamic economies in Africa. Mineral extraction, principally diamond mining, dominates economic activity, though tourism is a growing sector due to the country's conservation practices and extensive nature preserves. Botswana has one of the world's highest known rates of HIV/AIDS infection, but also one of Africa's most progressive and comprehensive programs for dealing with the disease". [5]

Economic Development, Health, and Education[edit | edit source]

"Botswana has maintained one of the world's highest economic growth rates since independence in 1966, though growth fell below 5% in 2007-08, and turned sharply negative in 2009, with industry falling nearly 30%. Through fiscal discipline and sound management, Botswana transformed itself from one of the poorest countries in the world to a middle-income country with a per capita GDP of $13,100 in 2010. Two major investment services rank Botswana as the best credit risk in Africa. Diamond mining has fueled much of the expansion and currently accounts for more than one-third of GDP, 70-80% of export earnings, and about half of the government's revenues. Botswana's heavy reliance on a single luxury export was a critical factor in the sharp economic contraction of 2009. Tourism, financial services, subsistence farming, and cattle raising are other key sectors. Although unemployment was 7.5% in 2007 according to official reports, unofficial estimates place it closer to 40%. The prevalence of HIV/AIDS is second highest in the world and threatens Botswana's impressive economic gains. An expected leveling off in diamond mining production within the next two decades overshadows long-term prospects" [6]

Governance[edit | edit source]

"Type: Republic, parliamentary democracy.

Independence: September 30, 1966.

Constitution: March 1965.

Branches: Executive--president (chief of state and head of government), cabinet. Legislative--popularly elected National Assembly; advisory House of

Chiefs. Judicial--High Court, Court of Appeal, local and customary courts, industrial labor court.

Administrative subdivisions: Five town councils and nine district councils.

Major political parties: Botswana Democratic Party (BDP) 45 seats, Botswana Movement for Democracy (BMD) 6 seats, Botswana National Front (BNF) 5 seats, Botswana Congress Party (BCP)/Botswana Alliance Movement (BAM) 5 seats.

Suffrage: Universal at 18" [7]

"PRINCIPAL GOVERNMENT OFFICIALS Chief of State: President Seretse Khama Ian Khama Head of Government: President Seretse Khama Ian Khama


"Botswana has a flourishing multiparty constitutional democracy. General elections are held every 5 years. Each of the elections since independence has been freely and fairly contested and has been held on schedule. The country's minority groups participate freely in the political process. The openness of the country's political system has been a significant factor in Botswana's stability and economic growth".

"The president of Botswana is indirectly elected. The presidential candidate from the political party that wins the majority of the 57 seats in the National Assembly is sworn in as president. The cabinet is selected by the president from the National Assembly; it consists of a vice president and a flexible number of ministers and assistant ministers, currently 16 and 8, respectively. The National Assembly has 57 elected and 4 specially elected members; it is expanded following each census (every 10 years; the most recent was conducted in 2001). The next census will be held in 2011".

"There are three main parties and a number of smaller parties. In national elections held October 16, 2009, the Botswana Democratic Party (BDP) won 45 of 57 contested National Assembly seats, the Botswana National Front (BNF) won 6 seats, and the Botswana Congress Party (BCP)/Botswana Alliance Movement pact won 5 seats. For the first time in the history of the country, an independent candidate won a seat in parliament during this election. Individuals elected by the National Assembly hold an additional 4 seats; the ruling BDP currently holds all 4. The ruling BDP took all but one of the five constituencies in the city of Gaborone from the opposition. BDP now controls the city council".

"The advisory House of Chiefs represents the eight principal subgroups of the Batswana tribes, five members specially elected by the president, and 22 members elected from designated regions. The elected members hold office for a period of only 5 years whereas the eight principal chiefs are members for life. A draft of any National Assembly bill of tribal concern must be referred to the House of Chiefs for advisory opinion. Chiefs and other leaders preside over customary traditional courts, though all persons have the right to request that their case be considered under the formal British-based legal system".

"The roots of Botswana's democracy lie in Setswana traditions, exemplified by the Kgotla, or village council, in which the powers of traditional leaders are limited by custom and law. Botswana's High Court has general civil and criminal jurisdiction. Judges are appointed by the president and may be removed only for cause and after a hearing. The constitution has a code of fundamental human rights enforced by the courts, and Botswana has a good human rights record".

"Local government is administered by nine district councils and five town councils. District commissioners have executive authority and are appointed by the central government and assisted by elected and nominated district councilors and district development committees. There has been ongoing debate about the political, social, and economic marginalization of the San (an indigenous tribal population). The government's policies for the Basarwa (San) and other remote area dwellers continue to spark controversy." [9]

Judicial Review[edit | edit source]

Judicial Precedent "The doctrine of judicial precedent is also referred to as stare decisis, which is a Latin phrase which means “let the decision stand”. In terms of this principle a lower court is bound by the decision of the higher court. Needless to say, that this doctrine operates effectively upon a rigid hierarchy of courts and regular system of law reporting. The adherence to the precedent helps achieve a regime of stable laws that brings about predictability and ensures that law develops in accordance with community needs".

"The colonial government did not attempt to establish a comprehensive courts system until 1938. Judicial functions were discharged by administrative officers. The envisaged court structure was as follows:

•Judicial committee of the Privy Council •High court •Resident commissioner’s court •Court of assistant Resident"[10]

Courts and Criminal Law[edit | edit source]

"The 1965 constitution provides for a high court, a court of appeal, and subordinate first-, second-, and third-class courts. The chief justice, appointed by the president, is chairman of the Judicial Services Commission, which advises the president on the appointment of other judges and magistrates. The African Courts Proclamation of 1961 provides for courts with competence in matters of tribal law and custom, presided over by chiefs and headmen. A court of appeals for such cases was created in 1986. The customary courts handle marital and property disputes as well as minor offenses. The judiciary is independent of the executive and the legislative branches. The legal system is based on Roman-Dutch law and local customary law".[11]

"Botswana applies a dual system in which both customary and codified (English-based) laws are applicable at the same time but in different circumstances and before different courts in the country. At first, before the country started to use and apply English law, its criminal law system was based on the Roman-Dutch common law which was later replaced in 1964. The Penal Code, based on English law, has been applicable in the country since then".[12]

"There are three types of courts in the country. There are Customary Law Courts, Common Law Courts and a Military Tribunal called a Court Martial. They are established under different laws but pursuant to the Constitution of Botswana. The customary courts and common law courts are listed in order of priority as follows: - Court of Appeal - High Court - Magistrate's Court - Customary Court of Appeal - Customary Court"[13] "The country's minority groups participate freely in the political process. The openness of the country's political system has been a significant factor in Botswana's stability and economic growth".[14] Punishment:Customary Law

"The death penalty has been in force in Botswana since the country became independent in 1966 and 42 executions have been carried out. The death penalty is available against those convicted for murder, treason, an attempt on the life of the head of state and the military offenses of mutiny and desertion in the face of the enemy".

"Executions are often carried out unannounced to the public and the family members of the condemned prisoner. According to local human rights campaigners, relatives asking permission to see their loved one are told of "a prison inspection" only to learn the following Monday that their loved-one has been executed. Families are not allowed to attend the burial of a condemned prisoner nor visit their graves once they are buried".

"Executions cannot take place without a warrant signed by the president. Prisoners may apply for clemency but no pardon has ever been granted by a Botswana president. On March 2, 2005 the African Commission on Human and Peoples' Rights called on Botswana to end its enforcement of "inhuman and degrading" corporal and capital punishment. Botswana has defended its position on both issues, saying this was the will of its citizens. On December 18, 2007 Botswana voted against the Resolution on a Moratorium on the Use of the Death Penalty at the UN General Assembly and was one of the most vocal opponents of the resolution during the debates".

"The Botswana government has been accused of dispossessing the San from their land in the Kalahari Desert because of the vast diamond fields present in the region. The San, also known as Bushmen, are southern Africa's first inhabitants and consider the Kalahari their ancestral lands. They won a court decision in 2006 in Botswana's High Court declaring they were wrongly evicted and should be allowed to return. However, after the judgment the attorney-general said the government was not obliged to provide essential services to the Bushmen. Mining activities in the region make it difficult for the San to access water and they are blocked from access to boreholes. Currently, most San are crowded in resettlement camps in less than desirable living conditions".

"The UN Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people recently issues a report about conditions in Botswana. While he acknowledged that Botswana has made efforts to allow cultural freedoms of expression by indigenous groups, he noted a need beyond ceremonial and artistic expression to include real promotion of cultural diversity. He further roundly criticized the government for its treatment of the San population and their forced removal from the Central Kalahari Game Reserve".[15]

"Judicial caning is routine, especially at the customary (tribal) court in each village, known as the "Kgotla", a sort of open-air town meeting. Official courts may order males aged 14-40 to be caned on the bare buttocks for almost any crime, generally as an alternative to imprisonment. Earlier reports that tribal courts may also cane women appear to be incorrect, and when a woman actually was flogged it was said to be illegal. Reports suggest that the punishment is often inflicted on the spot immediately the court rises".[16]

"Prior to the establishment of the Bechuanaland Protectorate there existed a variety of indigenous legal systems living in tribal areas which is now collectively called customary law. The definition of customary law is given under section 2 of the Customary Courts Act, 1969 and section 4 of Common law and Customary Act (Cap. 16:01). The 1891 proclamation instructed the High Commissioner to respect the native laws. Therefore these indigenous peoples’ laws received recognition but did not get to be incorporated into the general law of the country. The 1966 Constitution of Botswana did not change this position and it remains so today".[17]

Common Law "Roman Dutch law is said to be the common law of Botswana which was inherited from the Cape Colony. The Roman Dutch law origin is found in Roman law as influenced by Dutch customary law. It was introduced to the then-Cape Colony in 1652. Over the years it has been influenced by the English Common law after British colonization of the Colony. The Criminal Law of Botswana is originated from the English and evidence is based on South African Law. In Botswana, it has been developed over years by statutes passed by the Parliament and Judicial decisions".[18] Botswana has a dual legal System based on the Roman Dutch Law and the Customary Law. These laws are made by Parliament, the administration and enforcement of the law is carried out through the Administration of Justice, Attorney General and security forces[19]

"The concept of imprisonment in Botswana dates back to the colonial period. The idea was introduced by the British Colonial administration when Botswana became a British Protectorate in 1885. The purpose of imprisonment was basically to lock offenders away from the mainstream. Thus the objective of imprisonment was to keep convicted offenders away from society until they have finished their sentences. The idea was to protect victims and the society against the offenders".[20]

"Prisoner Training and rehabilitation is the core business of the Prison Service. Since criminal behavior is usually the end result of some societal ills, be they social, economic or political, the service embarks on two types of offender rehabilitation; firstly by addressing attitudes and behavioral patterns that may have led prisoners into criminality, secondly by empowering prisoners through training towards the attainment of life skills, the aim being to prepare for a safe reintegration into society upon release".[21]

"Corporal punishment is lawful as a sentence for crime for males. The Penal Code punishes a number of crimes with corporal punishment, including sexual offenses and offenses relating to murder, assault, robbery and traveling by train without a ticket (articles 25, 28, 29, 142, 143, 146, 147, 148, 149, 155, 218, 225, 229, 247, 292, 293, 300, 301, 302, 303 and 316); for persons aged 14 and over, corporal punishment can be ordered in addition to or in lieu of imprisonment (article 28(4)). The Magistrates’ Courts Act authorities all magistrates to impose a sentence of whipping (article 60). The Customary Courts Act authorities customary courts to order corporal punishment, and they may, at their discretion, order this in addition to or in lieu of any other punishment (article 18). Females may not be sentenced to corporal punishment (Penal Code, article 28(3), Customary Courts Act, article 18(2)). Under the Criminal Procedure and Evidence Act, a court which convicts a person under 18 of an offense may in lieu the stated punishment order him to be placed in the custody of a suitable person and to receive corporal punishment (article 304(1)".[22]

"Prosecution is coordinated by the Attorney General (AG). The AG is appointed by the President of Botswana and empowered under the Constitution and the Criminal Procedure and Evidence Act to direct all criminal prosecutions56. The Botswana Police and the Directorate of Corruption and Economic Crime are also empowered to prosecute for and on behalf of the Attorney General. They normally prosecute minor offenses and refer the more serious or complex cases to the Prosecution Division for direction and/or advice. Criminal cases are prosecuted before Customary Courts, Magistrates Courts, the High Court and the Court of Appeal. According to official government sources, 85% of all criminal cases are prosecuted in the Customary Court57. Capital offenses such as murder and other similar offenses are tried before the High Court only in the first instance. The accused person can be represented by an attorney at the level of Magistrates Courts and above. Apart from the AG and persons appointed by him/her, other private people can also prosecute when it appears that the AG has declined to do so. But that private person must show substantial and peculiar interest in the issue of the trial arising out of some injury which he/she has suffered individually by the commission of the offence58. It means that private prosecution can not be done by a person on behalf of another person. This right does not cover the situation when a person injured is incapacitated from prosecuting himself/herself and the AG has decided not to prosecute either59".[23]

"According to a list obtained from DITSHWANELO from the files of the former Commissioner of Prisons J. Orebotse in 1999, 32 persons were executed between 1966 and 1998. According to DITSHWANELO, 6 additional prisoners have been executed since 2001. The last execution took place on April 1st, 2006, just a few days before the FIDH mission took place. However, there are no official statistics about the annual number of condemned prisoners and executions in Botswana. It is consequently difficult to assess whether the said list is exhaustive. There is no information available either concerning the death sentences handled down by military courts".[24].

Law Enforcement[edit | edit source]

Legal System: "Botswana has a dual legal system, combining Roman Dutch law with customary law. The development of the law can be traced back to the time of the Protectorate in 1885 when The High Commissioner was empowered to provide for Administration of Justice. Judicial functions were discharged by Administrative Officers with the supervision of the High Commissioner. Though the country was declared a protectorate in 1885, it was not until 1891 that it received the Roman Dutch legal system. By Section 2 of a 1909 proclamation, the common law of the Cape of Good Hope became the law of Bechuanaland. This law did not have a general application, but was only intended for the Europeans. In issuing the proclamation, the High Commissioner was enjoined to respect native or customary law, such that only such law would be applied to natives. It wasn't until 1943 that customary law became regulated, and customary law is still the law applicable to tribesmen, i.e. members of a tribe or tribal community in Botswana".[25]

Police: "The civilian Government exercises effective control over the security forces. The military, the Botswana Defense Force (BDF), is responsible for external security only, although it does assist with anti poaching activities along the country's borders. The Botswana National Police (BNP) are responsible for internal security. Section 6 of the Botswana Police Act states that the police "Force shall be employed in and throughout the country to protect life and property, prevent and detect crime, repress internal disturbances, maintain security and public tranquility, apprehend offenders, bring offenders to justice, duly enforce all written laws with which it is directly charged and generally maintain peace." For the performance of their duties under this act, Police officers may carry arms. The police also perform such military duties within Botswana as may be required under the authority of the President as Commander-in-Chief of the armed forces. The Police Department is divided into three divisions, namely North, South Central and South. The divisions are headed by Divisional Commander. The Police services are divided into eight branches, namely General Duties, Criminal Investigation Department, Special Support Group, Special Branch, Traffic, Telecommunications and Transport, Police College and Departmental Management. Members of the security forces, in particular the police, occasionally commit human rights abuses. There have been reports that police sometimes beat persons and used intimidation techniques in order to obtain evidence or elicit confessions. However, in general beatings and other forms of extreme physical abuse are rare. In some cases, the authorities take disciplinary or judicial action against persons responsible for abuses. While coerced confessions are inadmissible in court, evidence gathered through coercion or abuse may be used in prosecution".[26]

Courts: "The Constitution provides for an independent judiciary, and the Government generally respects this provision in practice. To ensure the independence of the judiciary, the constitution created the Judicial Service Commission. Thus, Judges, Registrars of the High Court, the Court of Appeal, and Magistrates are appointed by the President on the advice of the Judicial Service Commission. The judiciary consists of both a civil court (including Magistrates' Courts, a High Court, and a Court of Appeal) and a customary (traditional) court system. The Court of Appeal is a superior court of record, with jurisdiction in respect to criminal and civil cases from the High Court. Judges of the court include the President of the Court of Appeal; The Chief Justice; and Puisne Judges of the High Court. The number of justices of Appeal is prescribed by parliament. The President of the Court of Appeal is appointed by the State President, while the Justices of Appeal are appointed by the President acting in accordance with the advice of the Judicial Service Commission". [27]

1 "Obtain a Bachelor of Laws degree (LLB) after getting an initial college degree. The Qualification of Legal Practitioners Amendment Act of 1997 dictates that an LLB degree is required to practice law in South Africa. The degree should be obtained from a South African law school".

2 "Serve as a candidate attorney under a practicing attorney so as to become an attorney yourself. According to the Attorneys Act, a candidate attorney will receive his Articles of Clerkship after two to three years of clerkship. The same can be accomplished in one year as long as the candidate attorney participates in a four-month training course or performs a year of community service. Once completed, you can represent a client before High Courts, the Supreme Court of Appeal and the Constitutional Court. Attorneys can work in partnership with each other at law firms".

3 "Perform a period of pupillage, also known as an apprenticeship, with a practicing member of the bar in order to become a certified advocate. Pupillage lasts one year and includes training courses and practical assignments in courts or with clients. An advocate can perform legal research, write opinions and pleadings. Additionally, advocates may appear before High Courts, the Supreme Court of Appeal, all Magistrate's Courts, Land Claims Court, all Labor Courts and other specialist courts. Advocates specialize in the following areas of litigation: Alternative Dispute Resolution, Broadcasting Law, Civil Law, Commercial Law, Communications and Technology Law, Competition Law, Constitutional Law, Criminal Law, Family Law, Mining Law, Insurance Law, Labor Law, Human Rights Law, Patents and Copyright Law, Property Law, and Trial and Appeals Law. Advocates can only act as sole proprietors and are not allowed to form partnerships with other lawyers".

4 "Determine whether you qualify for admission to the bar. In addition to gaining an LLB degree and performing the period of pupillage, there are additional requirements that determine whether you can formally become an advocate. The Admission of Advocates Act of 1964 requires that an advocate must be at least 21 years of age, be a South African citizen or a permanent resident, and not be registered to practice law anywhere else".

5 "Complete the period of pupillage and take the Bar Examination. Once passed, you can formally become an advocate. You will have to register with one of South Africa's ten bar associations, which regulate lawyers in various parts of the country. The bar associations are: the Bisho Bar, the Cape Bar, the Eastern Cape Bar, the Free State Bar, the Johannesburg Bar, the Kwazulu-Natal Bar, the North West Bar, the Northern Cape Bar, the Pretoria Bar and the Transkei Bar".[28]

Crime Rates and Public Opinion[edit | edit source]

"Section 6 of the Botswana Police Act stipulates that the force shall be employment in and throughout the country to protect life and property, prevent and detect crime, repress internal disturbances, maintain security and public tranquillity, apprehend offender, bring offenders to justice, duly enforce all written laws with which it is directly charged and generally maintain peace". "For the performance of their duties under this act, Police officers may carry arms. The police shall also perform such military duties within Botswana as may be required of it under the authority of the President as Commander-in-Chief of the armed forces. The Police Department is divided into three divisions, namely North, South Central and South. The divisions are headed by Divisional Commander. The Police services are divided into eight branches namely; General Duties, Criminal Investigation Department, Special Support Group, Special Branch, Traffic, Telecommunications and Transport, Police College and Departmental Management".[29]

"Intentional homicide rate per 100,000 population:

Low estimate: 14.2

High estimate: 21.5"[30]

Crime: "Crime is a serious concern in Botswana. Visitors must be vigilant and take common-sense security precautions. The criminal threat is very similar to that of any large urban area. Petty street crime and crimes of opportunity, primarily the theft of money and personal property, are not uncommon. Home invasions, ‘smash and grabs’ from vehicles, and cell phone thefts, often at knife point, are routinely reported to the police. Visitors should use care when talking on a cell phone while walking". "Visitors are urged to exercise caution near the Gaborone Dam and Kgale Hill in Gaborone, especially at dusk or after dark due to the number of criminal incidents over the years. Travelers arriving in Botswana via South Africa should be aware that there is a serious continuing baggage pilferage problem at OR Tambo (Johannesburg) and Cape Town International Airports. Travelers are encouraged to use an airport plastic wrapping service and to avoid placing electronics, jewelry, cameras, designer athletic gear, or other valuables in checked luggage. Also, make an inventory of items in checked baggage to aid in claims processing if theft does occur. In many countries around the world, counterfeit and pirated goods are widely available. Transactions involving such products may be illegal under local law. In addition, bringing them back to the United States may result in forfeitures and/or fines".[31]

Guns: "The levels of crime involving the use of illegal handguns pose serious concern to the government and the community at large. This is indeed a challenge to all law enforcement agencies to further examine and fully coordinate their operational endeavors to address the illegal possession of hand guns in the country". "The key challenge is the ease with which potential criminals can acquire these prohibited weapons. Crime trends and statistics in Botswana reveal that illegal handguns (revolvers, pistols and AK 47) play a major role in perpetuating violent and intrusive crime on chain stores, shops, security companies conveying money, motor vehicle owners, residential homes, government offices etc. Though there are a few incidences that involve legally registered firearms due to lack of prudence in the management of arms in the possession of private owners, these are the primary tools that exacerbate violence related crime, especially armed robberies"

CRIMINAL PENALTIES: "While in a foreign country, a U.S. citizen is subject to that country's laws and regulations, which sometimes differ significantly from those in the United States and may not afford the protections available to the individual under U.S. law. Penalties for breaking the law can be more severe than in the United States for similar offenses. Persons violating Botswana’s laws, even unknowingly, may be expelled, arrested or imprisoned. Penalties for possession, use, or trafficking in illegal drugs in Botswana are severe, and convicted offenders can expect long jail sentences and heavy fines. Engaging in sexual conduct with children or using or disseminating child pornography in a foreign country is a crime, prosecutable in the United States. Please see our information on Criminal Penalties. Motorists should note that it is illegal to use a cell phone while driving; failure to comply could result in fines and/or confiscation of the cell phone". [32]

"Amal Ali Salman, a graduate of the International Law Enforcement Academy (ILEA) in Gaborone, Botswana, described the ILEA program there: “It was a good training course. We learned about investigations, terrorism, small and light arms, explosives, money laundering, and other topics. But the training that left a great impression on me was on leadership.”[33] "As the name implies, the purpose of the college is to train and develop officers to command and lead units and men of the Botswana Defense Force in the defense of the nation. This is out of realization that commanders at all levels require competent Staff Officers who are specialists in various military competencies to support commanders in making utility plans and critical decisions to ensure successful conduct of operations. In that regard, the Defense Command and Staff College is expected to provide Commanders and Staff Officers with a military training program that is relevant to operational environment of Botswana, using the terrain and equipment that BDF has, and under the unique circumstances that prevail in Botswana".[34] CORRUPTION "Corruption and fraud in Botswana are attributed to non observance of the laid down procedures. Other factors are; · Management override of internal controls · Collusion between employees · Collusion between employees and third parties · Poor employment practices · Lack of control over management by directors · Poor or non-existent ethics policy" [35]

"Corruption has devastating results to both individuals and the society. It impacts people’s lives in many different ways. In terrible cases, corruption costs lives, in other cases; it costs their liberty, wealth and health. Corruption thrives where temptation coexists with permissiveness. Where institutional checks and balances on power are missing, where decision making remains obscure, where civil society is thin on the ground, where great inequalities in the distribution of wealth condemn people to live in poverty".[36]

Rights[edit | edit source]

CITIZENSHIP: "Citizenship laws are based upon the Botswana Constitution and the Citizenship Act of Botswana dated December 31, 1982. Any person considered a citizen of Botswana born before December 31, 1982, is still considered a citizen of Botswana (UKC-Commonwealth Nation).DUAL CITIZENSHIP: NOT RECOGNIZED". "Some human rights problems remained, including abuse of detainees by security forces, poor prison conditions, and lengthy delays in the judicial process. There were reports of restrictions on press freedom. Societal problems included discrimination and violence against women; child abuse; trafficking in persons; and discrimination against persons with disabilities, gays and lesbians, persons with HIV/AIDS, and persons with albinism. There was societal discrimination against the San people, and the government's continued narrow interpretation of a 2006 high court ruling resulted in the majority of San who originally relocated from the Central Kalahari Game Reserve (CKGR) being prohibited from returning to or hunting in the CKGR. The right to strike was restricted, and child labor was a problem".[37]

Family Law[edit | edit source]

BY DESCENT: � "Child, whose father is a citizen of Botswana, regardless of the country of birth. � Child born out of wedlock, whose mother is a citizen of Botswana. BY NATURALIZATION: Botswana citizenship is acquired upon fulfillment of the following conditions: Person is of good character, has sufficient knowledge of the Setswana language, has been a resident for a continuous period of 12 months prior to application, in the preceding 12 years has lived in country for an aggregate of 10 years, and intends to permanently reside in Botswana. MARRIAGE: Woman who marries a citizen may be immediately granted citizenship if preceding the date of application she has been a resident for a continuous period amounting to two and a half years".[38] "The Matrimonial Clause Act 29: 06 of Laws of Botswana, which governs divorce, states that the sole ground for divorce is when the marriage relationship between the spouses is found intolerable".[39] "So far, the year 2010 has seen a record high of 986 divorce filings".[40] "The 1952 Proclamation has been and still is the sole piece of legislation regulating the common law adoption of children in Botswana despite its deficient provisions, particularly on inter-country adoption. It will be revealed in this dissertation that the concept of adoption of children then was different and so were the purposes thereof, when considered from contemporary human rights perceptions of the concept".[41]

Human Rights[edit | edit source]

"Officially, women in Botswana have the same civil rights as men – but not all legislation fully supports this principle. However, the country has a dual legal system in which common law and customary law exist side by side, as well as a long history of traditional laws, which are enforced by tribal structures and customary courts. As a result, societal discrimination against women persists in practice – particularly in rural areas and in relation to restrictions on women’s property rights and economic opportunities".[42]

"Amnesty International opposes the death penalty on grounds of principle, namely, that it constitutes a violation of the right to life as guaranteed in international human rights standards and a cruel and inhuman form of punishment amounting to torture. The organization’s opposition is based also on the fact that, in the event that a prisoner is wrongly convicted, the death penalty is an irrevocable punishment which permits of no reversal or redress. On these grounds, this organization and its members and supporters worldwide have campaigned tirelessly for decades against the death penalty. Nevertheless, well over 1000 prisoners continue to be executed around the world each year - some convicted of committing violent and cruel murders, others for non-violent offences such as "economic" crimes. We have appealed to the Botswana authorities in the past not to carry out executions. We appeal once more, to Your Excellency in person, not to preside over further executions in your country".[43]

Works Cited[edit | edit source]