Ministry of Justice

1. Department of Human Rights, Refugee Affairs, and Anti-Human Trafficking

This department is responsible for various aspects related to human rights, refugee affairs, and combating human trafficking. Responsibilities include:

• Development of human rights legislations, policies, and programs
• Coordination and advocacy for human rights, refugee affairs, and anti-human trafficking
• Managing refugee welfare and anti-human trafficking strategies
• Bilateral, regional, and international cooperation on these issues
• Legal advocacy and managing treaties and conventions
• Collaboration with stakeholders and technical assistance
• Research and statistics

2. Department of Judicial and Legal Services

This department handles a wide range of judicial and legal services including:

• Judicial policies, welfare, and efficiency
• Legislative coordination and drafting
• Public awareness and advocacy programs
• Legal advisory services to the government
• Court administration, prosecution, and management
• Legal aid and alternative dispute resolution
• Proceeds of crime management
• Research and statistics

MINISTRY INDEPENDENT DEPARTMENTS

1. ADMINISTRATION OF JUSTICE (AOJ)

The major function of the judiciary under the AoJ is:

• To interpret the law
• To resolve disputes by adjudicating both criminal and civil cases. 
• To ensure that the other arms of government act according to the constitution. 
• To adjudicate criminal cases brought to court by the state and civil cases brought by individuals and private entities.
• The presiding officers at the Court of Appeal are referred to as Justices of Appeal, at the High Court are referred to as Judges of the High Court while at the Magistrate court they are referred to as Magistrates.   
• The Court of Appeal is a Supreme Court of record with plenary review, appellate and, where appropriate first instance jurisdiction. it hears all appeals from the High Court and Industrial Court.
• The High Court is a superior court of record and has unlimited jurisdiction to hear all criminal and civil cases. The case types that are heard by the high court include, matrimonial cases, civil cases, criminal cases, civil appeals and miscellaneous applications. The High Court is a court of review, it reviews decisions of the Magistrate court and the Customary Court of Appeal.
• Magistrates' Courts exercise jurisdiction as prescribed in the Magistrates Court Acts (CAP 04-04). It hears both civil and criminal cases. In civil cases the Magistrate Court hears claims of up to BWP 60,000.00. The case types that are dealt with by the Magistrate court include, Maintenance cases, Civil cases, Criminal cases, Miscellaneous cases.
• The Administration of Justice also has specialized courts; these includes Corruption Court (High Court level), then Small Claims Court, Stock Theft Court and Traffic Court (magistrates’ level).

The Administration of Justice has four major divisions: Legal, Judicial, Master's and Corporate services:

Legal Division

• ​Operation of the criminal and civil registry.
• Appointment of pro-bono/pro-deo attorneys.
• Implementation of judicial reforms.
• Addressing the queries of the Ombudsman’s office.
• Administration of court orders and decree absolutes.

1. Judicial Division

• ​​Taxation of the bill of costs.
• Issuance of writs of summons for civil imprisonment.
• ​Supervision of deputy sheriffs, courts bailiffs and messengers of court
• Assessment of damages.
• Judgement of security for costs.
• Default judgements.
• Settlement of record

1. The Office of the Master

• ​Liquidation of companies and insolvencies,
• Administration of estates of deceased person 
• Administration of the guardian fund.

1. Corporate Services

• Financial and manpower budgeting
• Judicial officers’ welfare and other administrative duties.
• Support staff welfare

1. The Court of Appeal

An appeal to the Court of Appeal may take two forms:

• as of right
• by special leave

1. The High Court

This is the court that lies between the Magistrate Court and the Court of Appeal. It was created as a superior court with unlimited original jurisdiction to hear and determine any criminal and civil cases under any category of law.
 

1. Magistrate Courts:

Magistrate court is created and defined by the Magistrate Court Act. It is subordinate to the High Court and presided over by the magistrates. The Magistrate court deal with the following cases:

• Maintenance (Paternity and maintenance orders)
• Miscellaneous (Adoption of children, Restraining order, 
• Civil suits (civil debts, breach of contracts, damages, claims not exceeding BWP 60 000 00 etc)
• Criminal cases (rape, robbery, theft, assault etc.)

2. ATTORNEY GENERAL'S CHAMBERS (AGCS)

The role of the Attorney General is defined in section 51 of the Constitution of Botswana, as the principal legal adviser to the Government. The Attorney General is also an ex-officio Member of Cabinet, and serves on various policy level committees.

• Directorate of Public Prosecutions 
• Legislative Drafting Division
• Civil Litigation Division
• International and Commercial Division
• Corporate Services Division

Departments/Sections and Key Functions

1. Directorate of Public Prosecutions: (DPP)

• The Directorate of Public Prosecutions is headed by the Director of Public Prosecutions appointed in terms of Section 51A of the Constitution. Our primary mandate is the prosecution of criminal cases before all courts of the land, criminal applications and appeals arising from criminal litigation.
• The Directorate operates from the main office in Gaborone and also has satellite offices in Francistown, Maun, Palapye, Lobatse and Selibe Phikwe.
• Primary Statutes– The primary penal statutes used by the Directorate in criminal prosecution are the Penal Code, Criminal Procedure and Evidence Act which gives guidance on general matters of procedure in criminal litigation. However, the prosecutorial mandate extends broadly to all such other legislation except where statute provides for trial by court martial. In executing his/her mandate, the Director is constitutionally obligated to consult with the Attorney General on matters considered by the latter to be of national importance.

1. Civil Litigation Division: (CLD)

• Defends all civil litigations against Government, institutes proceedings against defaulters liable to Government in damages be they in contract or delict. The division shares with the other divisions the responsibility of providing legal opinions to Government Ministries and Departments on administrative and constitutional matters as well as on the full range of subjects covered by the respective departments.
• The division also undertakes cases on behalf of Town Councils, District Councils and the Land Boards where wider issues of policy are involved.
• The legal representation described above is provided in the Magistrates Courts, the High Court, Court of Appeal, the Industrial Court and various arbitral and disciplinary courts.

1. Legislative Drafting Division: (LDD)

• The main function of the Division is preparation and drafting of principal and subsidiary legislation including Government notices. Other functions include editing of the legislative supplements of the Government Gazette; revision of the laws and consolidation of the Laws of Botswana in accordance with the Revision of Act (Cap 01:03).
• The Division also prepares the annual bound editions of the Botswana Statute Laws for publication by the Department of Government Printing and Publishing Services.
• In addition, the Division also provides legal advice that relates to statutory interpretation.

1. International and Commercial Division (ICD)

The Mandate of the ICD is to provide legal services relating to the negotiation and drafting of international and commercial agreements on behalf of the Government of the Republic of Botswana, as well as providing legal advice to the Government on various matters relating to these issues.

The Functions of ICD are as follows:

International Agreements with regard to international agreements, the Division provides legal advice to the Government in the negotiation and drafting of multilateral and bilateral agreements under the auspices of: The United Nations (UN); African Union (AU); World Trade Organization (WTO); Southern African Development Community (SADC); Southern African Customs Union (SACU); African Caribbean and Pacific/European Union (ACP/EU) are those involving individual States, etc. 

Other international agreements include Technical Cooperation Agreements on various issues, including inter alia defense, security, water, science and Technology and the environment. The Division also advices on the ratification and implementation of treaties and international agreements.

1. Commercial Agreements
   • The procurement of goods, works and service;

The division advices on, negotiates and drafts for and on behalf of the Government, on Commercial Agreements relating to:

• Performance bonds, guarantees and indemnities;
• Financial agreements (loans) including subsidiary loan agreements;
• The insurance of bonds, stock and other securities;
• Intellectual property rights;
• Shareholdings and partnerships;
• Competition law issues;
• Privatization.

3. INDUSTRIAL COURT

The Industrial Court is responsible for:

• Settling trade disputes.
• Secure and maintain good industrial relations in Botswana.
• Core business
• Corporate Services

Key Functions

1. Core business:

• Registry
• Bench Clerk
• Court Reporting
• Case Management System
• Court Bailiff

1. Corporate Services

• Human resources management
• Management of finance and accounts
• Public relations
• Facilities
• Project Management
• Procurement
• Strategy Management
• IT

4. OFFICE OF THE OMBUDSMAN

The office is part of the justice architecture with a focus on promoting administrative justice by investigating allegations of mal-administration within the public sector. As a dispute resolution mechanism alternative to the courts, the Office discharges its mandate by investigating complaints of improper administrative conduct and recommending remedial actions where, in the opinion of the Ombudsman, the complainant has suffered injustice arising from the administrative conduct.

Departments/Sections of the Ministry

• Investigations
• Corporate Services; Accounts, Human Resources and Administration, Records Management, Facilities Management, Procurement Services
• Corporate Communications and Research
• Reforms

Key Functions

To review the lawfulness of public authorities’ actions or decisions, as well as the reasonableness and fairness of these actions and make recommendations for change or redress in accordance with the applicable laws. This is done by investigating allegations of maladministration in the public sector.

5. LAND TRIBUNAL

The Land Tribunal is a specialized court created in terms of the Land Tribunal Act No.4 of 2014. It is empowered to:

• hear and determine appeals arising from decisions of Land Boards in terms of Sections 14 and 40 of the Tribal Land Act (Cap: 32:02).
• The Land Tribunal mandate was expanded in 2013 to include jurisdiction to hear and determine planning appeals from decisions of Physical Planning Committees of District Councils in terms of Sections 27, 32 and 33 of the Town and Country Planning Act. (Cap 32:09);
•  Adjudicate over applications for enforcement by public bodies in terms of Section 7(3) of the Land Tribunal Act.  

Special Characteristics

As a Court of Law and Equity, the Land Tribunal is free to regulate its own procedure, and presents the following attributes:

• Speed
• Cheapness
• Flexibility (No rigidness)
• Less Technical
• Accessible
• Simplicity

Matters That the Land Tribunal Is Not Empowered to Determine

Land Tribunal has limited jurisdiction on land matters it can handle. It therefore cannot hear and determine the following disputes:

• Issues of amount of compensation
• Inheritance issues
• Enforcement of transfer /Sale contracts
• Matters already concluded by other courts of competent jurisdiction e.g., Magistrate Court, Customary court, High Court and Court of Appeal.
• Issues concerning Public Bodies delays to make a decision on an application for land Rights or Planning Permission.
• Any other matter which by any applicable law falls outside the jurisdiction of the Land Tribunal.
• Disputes involving State and Free Hold Land (except for planning issues)

Determination

• The Land Tribunal conducts hearings in a customer friendly atmosphere, both in Setswana and English
• Interpretation to either language is provided.
• After hearing a written judgment is delivered.
•  The Land Tribunal’s decisions are appealable to the High court within 8 weeks from the date of judgment delivery.

6. OFFICE OF THE RECEIVER

The Office of the Receiver has the primary responsibility of preserving and maintaining properties, assets and monies seized and or confiscated as proceeds of crime. The Office facilitates for the effective operationalization of the Proceeds and Instruments of Crime Act of 2014. The Act in turn facilitates Botswana's comprehensive response to crimes such as corruption, poaching, money laundering and terrorism financing. 

Given its complex mandate, the Office of the Receiver is strengthened by several experts to include lawyers, property or asset managers and valuers, actuaries, insurance experts, accountants, financial and banking experts so as to facilitate tracing of property and assets determined to be proceeds of crime.