This Act concerns the establishment, recognition, functioning and jurisdiction of Customary Courts and related matters. The Act also provides for the appointment of the Director of Tribal Administration and deputies for the purposes of this Act. Every Chief may submit for the consideration of the Minister recommendations for the recognition, establishment, abolition or variation in jurisdiction of customary courts within his area. The Customary Court shall, among other things, administer customary law and the provisions of any written law which the court may be authorized to administer by any written law. The Minister may, by Order in the Gazette, authorize any customary court to administer any written law specified in the Order. Any person aggrieved by any order or decision of a lower customary court may within 30 days from the date of that order or decision appeal therefrom to a higher customary court, or, if there be no higher customary court, to the customary court of appeal. The provisions of this Act shall not extend to informal proceedings of an arbitral nature before a body (not established or recognized as a customary court under this Act) constituted under customary law, where such body does not purport to exercise any power to enforce its decisions or compel attendance before it.
Implemented by: Establishment and Jurisdiction of Customary Courts Order (Chapter 04:05). (2012-09-17)
Implemented by: Customary Courts (Enforcement of Specified Laws) Order (Chapter 04:05). (2012-09-17)
Implemented by: Customary Court of Appeal Rules (Chapter 04:05). (2012-09-17)
Authors and Publishers
Rudolph Hupperts (CONSLEGB)
Formerly the British protectorate of Bechuanaland, Botswana adopted its new name at independence in 1966. More than four decades of uninterrupted civilian leadership, progressive social policies, and significant capital investment have created one of the most stable economies in Africa. The ruling Botswana Democratic Party has won every election since independence; President Ian KHAMA was reelected for a second term in 2014.