Academic literature on the topic 'Botswana legal system'

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Journal articles on the topic "Botswana legal system"

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Cole, Rowland JV. "Validating the Normative Value and Legal Recognition of the Principle of Equality of Arms in Criminal Proceedings in Botswana." Journal of African Law 56, no. 1 (2011): 68–86. http://dx.doi.org/10.1017/s0021855311000222.

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AbstractThe principle of equality of arms is firmly entrenched in the jurisprudence of international tribunals, but hardly at all in domestic systems. This article argues for the principle to be applied in Botswana's adversarial system, as a way of ensuring procedural equality and enhancing fair trials. After examining the normative value of the principle, the article refers to a number of domestic jurisdictions that have applied the principle. It also examines the general acceptability of equality and fairness in Botswana case law. This represents a foundation for applying the principle in Botswana. The principle was developed by the European Court of Human Rights, creating its own concept of fairness in trials, irrespective of the position in domestic systems. Since the principle is of international origin, it is necessary to note that “judicial territoriality” and Botswana's dualist system do not pose obstacles to the application of the principle.
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Ghebremusse, Sara. "Good Governance and Development in Botswana – The Democracy Conundrum." Law and Development Review 11, no. 2 (2018): 913–38. http://dx.doi.org/10.1515/ldr-2018-0041.

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Abstract Unlike many of its African neighbours, Botswana achieved levels of socio-economic development in spite of its abundant mineral wealth. Botswana’s effective management of its mineral resources also aided in its avoidance of the resource curse and corresponding weak institutions. The contribution of Botswana’s mineral wealth to its development best characterizes the country as a “resource-rich developmental state.” However, the correlation between democratic principles and institutions to Botswana’s developmental success was unclear. This paper examines the connection between democracy and development in Botswana by relying on the “thin” versus “thick” spectrum of democratic institutions expounded by Mariana Prado, Mario Schapiro, and Diogo Coutinho. The paper argues that Botswana’s institutions are not democratically “thick”; therefore, democracy and “good” governance, as its conceived neoliberally, do not explain Botswana’s development outcomes. Instead, this paper contends that David Trubek, Diogo Coutinho, and Mario Schapiro’s “legal functionalities” framework, which credits the success of development policies to four roles the legal system could play: (i) safeguarding flexibility, (ii) stimulating orchestration, (iii) framing synergy, and (iv) ensuring legitimacy, is better suited to explain the success of Botswana’s resource-rich developmental state.
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Griffiths, Anne. "Reconfiguring Law: An Ethnographic Perspective from Botswana." Law & Social Inquiry 23, no. 03 (1998): 587–620. http://dx.doi.org/10.1111/j.1747-4469.1998.tb00122.x.

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Using two marital disputes, this article examines women's experiences in bringing legal claims regarding family property in Botswana. It highlights the ways women draw on diverse economic and social resources available to them through their differing positions within gendered social networks that shape daily life and affect the ability to access and manipulate a legal system incorporating Tswana customary law and European law. The divergent discourses among women and between women and men document how the administrative and theoretical separation of legal systems does not extend to people's uses of the law in arranging their own lives. This analysis challenges the formalist model of legal pluralism by demonstrating that legal arguments are constructed from the gendered social and economic facts of individuals' lives that traverse the legal categories of European and customary law. It also contributes to feminist legal scholarship by explicitly marking the links among gender, power, and law.
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Otlhogile, Bojosi. "Criminal justice and the problems of a dual legal system in Botswana." Criminal Law Forum 4, no. 3 (1994): 521–33. http://dx.doi.org/10.1007/bf01096184.

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McKenzie, Peter. "A shared commercial legal heritage - reflections on commercial law reform in former British Colonies and Dependencies." Victoria University of Wellington Law Review 39, no. 4 (2008): 553. http://dx.doi.org/10.26686/vuwlr.v39i4.5478.

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This article reflects on Professor Tony Angelo's contributions to the laws of various British colonies, particularly Mauritius. The author illustrates different types of jurisdiction by reference to individual countries. First, the author discusses colonies with a received legal heritage – Mauritius, who has influences from its French colonial administration and English law, and Botswana who has hints of English commercial statutes. Secondly, the author discusses colonies with an underlying common law system – Uganda, Sierra Leone, and Samoa. None of these nations were settled colonies, but colonial administrators took with them a common law structure for contracts, and civil and commercial obligations, while retaining customary law and practices in relation to land. Finally, the Maldives is discussed as a "special case". The author then discusses his reflections on the colonial legal legacy, including the impact of the English language, the shared nature of the colonies' legal systems (including a common accounting and business framework), and the "colonial legal patchwork". The author hopes that the impetus given by Professor Angelo to law reform in Mauritius, as well as other nations, will continue.
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Moatlhodi, Trevor Monare, and Trywell Kalusopa. "AN ASSESSMENT OF E-RECORDS READINESS AT THE MINISTRY OF LABOUR AND HOME AFFAIRS, GABORONE, BOTSWANA." Mousaion: South African Journal of Information Studies 34, no. 3 (2017): 1–22. http://dx.doi.org/10.25159/0027-2639/991.

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This study sought to assess electronic records (e-records) readiness at the Ministry of Labour and Home Affairs (MLHA), Gaborone, Botswana, within the purview of the implementation of an e-records management solution – the National Archives and Records Management System (NARMS). The assessment was done using tenets derived from the existing International Records Management Trust (IRMT) E-records Readiness Tool. The assessment examined the national legal and policy framework, compliance with policies, standards, tools, procedures and responsibilities for records management, e-records management products and technologies, resource capacity and training for records management staff, internal awareness of records management programme and the level of management ownership on e-records management. The study largely adopted a qualitative approach, but used methodological triangulation of both qualitative and quantitative data collection methods, with a case study research design. Data was collected through semi-structured questionnaires, semi-structured interviews, and observations. Respondents comprised of records management staff, action officers (records users) and Information Technology (IT) Manager. The study findings revealed that the level of e-records readiness at the MLHA included: inadequate legal and regulatory framework; average adherence to records management procedures, tools and standards; low awareness among staff of the records management programme and, the national regulatory framework and on the NARMS pilot project; limited space for records management; slow progress in the implementation of NARMS and low capacity building as records management staff is rarely taken for training. The study also revealed that opportunities for increasing the depth of e-records readiness exist, such as: availability of financial resources for the NARMS pilot project; adequate Information Communication Technologies (ICT) infrastructure and high management commitment on the E-Records Management (NARMS pilot project). The study recommends: improvement of the national legal and policy framework by development of an e-records policy; development of a records management policy to provide an internal records management framework; regular training for records management staff, especially on e-records; regular internal records management awareness; and assigning senior management high-level responsibility for organisation-wide records and information management.
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Schapera, I. "Early European Influences on Tswana Law." Journal of African Law 31, no. 1-2 (1987): 151–60. http://dx.doi.org/10.1017/s002185530000930x.

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In the closing paragraph of his inaugural lecture Law and Language, Professor Allott referred to what he termed “a daunting obstacle” to the intensive study of African legal systems.That obstacle is the rapid disappearance, before our very eyes, of the traditional systems that we have proposed to study. A generation ago there would not have been that difficulty; but today the traditional tribunals have vanished in many African countries where their place has been taken by statutory local courts. Even where the traditional courts appear to have survived, at least in name, they are usually affected by the impact of western law and institutions and of central government control.Those words were written in 1965. How true and necessary they were is shown by the fact that more than fifty years previously—even more than “a generation ago”—the impact of “western” influences upon the Tswana peoples of the Bechuanaland Protectorate (now the Republic of Botswana) had already led to many changes in the indigenous legal system, although, at that time, the “traditional courts” still survived virtually intact and not merely “in name”.The nature and extent of those changes can be readily ascertained by the fortunate chance that, there are still available the records of approximately 470 cases tried, over a period of six and a half years, in the highest traditional court of the Ngwaketse, a major Tswana chiefdom.
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Mańko, Rafał. "PRAWO RZYMSKIE JAKO ŹRÓDŁO PRAWA W AFRYCE POŁUDNIOWEJ." Zeszyty Prawnicze 3, no. 1 (2017): 139. http://dx.doi.org/10.21697/zp.2003.3.1.05.

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ROMAN LAW AS A SOURCE OF LAW IN SOUTHERN AFRICASummary Roman law is usually regarded as an object o f historic study and not as a practical discipline of the legal science. However, the situation is different in six South African states - the Republic of South Africa, Zimbabwe, Lesotho, Swaziland, Botswana and Namibia - which have preserved the uncodified ius commune europaeum brought by the Dutch to the Cape of Good Hope in the 17th century.The hierarchy of the fontes iuris oriundi in the South African legal system seems to be the following: the Constitution, statutes, customary law, case-law, Roman-Dutch law and Roman law. The position occupied by Roman law is in fact only subsidiary, however it is a source of law and is referred to from time to time in the case-law. On the other hand it permeates the whole legal system which is based on fundamental notions derived from Roman law, which have been preserved and developed in the treatises of the Roman-Dutch jurists and the case-law of the courts.The frequency o f citations of Roman law in the South African case-law has been an object of two major studies. One, conducted by Van Der Merve concerned the period 1970-1979, the other, by Du Plessis - took into account the cases of 1990-1991. The studies revealed that Roman sources are cited in 4,7-4,8% of the case-law. According to another study by Zimmermann, only in half o f those cases the Roman sources were relevant for deciding the case.Nevertheless, it is submitted that these figures should be treated as significant, especially when compared with the position occupied by Roman sources in the modern case law in other civilian jurisdictions.
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Sanders, A. J. G. M. "Law Reporting in Swaziland." Journal of African Law 29, no. 1 (1985): 94–101. http://dx.doi.org/10.1017/s0021855300005659.

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The doctrine of judicial precedent forms an integral part of the general law of Swaziland. This doctrine would be unworkable without the publication of law reports. The following is an account of the Swaziland law-reporting process.The Kingdom of Swaziland, which regained its independence on 6 September, 1968, has retained the dual structure of laws and courts which it inherited from the British administration. In terms of this structure the traditional Swazi law and Swazi courts operate under the umbrella of the general law and the ultimate control of the general law courts.The country's general law is based on the Roman–Dutch law. When the British found that Civilian system of law to be well-established on their arrival in Southern Africa, they decided to respect it. However, many elements of English law were introduced. The doctrine of judicial precedent was one of them.Even though Swaziland shares with South Africa (including its “independent homelands”), Botswana, Lesotho, Namibia and Zimbabwe a mixed general legal system which resulted from the interaction between the Roman–Dutch Civilian law and the English Common law, its general law operates independently.
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Bwalya, Kelvin Joseph. "Impact of Sound Policies in Promoting Information Systems Research and Innovation in Africa’s SADC Region." International Journal of Information Systems and Social Change 3, no. 3 (2012): 52–63. http://dx.doi.org/10.4018/jissc.2012070104.

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Countries such as South Korea, Singapore, Japan, and so forth are a force to reckon with in socio-economic value chains because they have fully embraced research and innovation as vital to their economies. Innovation is mostly a culture, and for innovation to thrive, it is desired that proper change management tactics be introduced as it results into social change. Research and innovation depends on multi-dimensional factors to thrive, policy being one of them. African countries have now started putting in place appropriate legal, regulatory, and institutional frameworks to support innovation and research. This paper presents an ad hoc survey on what has been done on the policy front in as far as encouraging information systems (IS) research and innovation is concerned in the SADC region. Initiatives and policy environments in Botswana, Zambia, and Malawi are presented. It brings out lessons learnt on how research can or cannot contribute to national development and competiveness. It also presents a number of theoretical perspectives and standpoints from which rationales for innovation and research policy can be extracted. The paper has found that, for the African case, incorporation of the research and knowledge management agenda into national policies is not an easy thing to do because of bureacratic and contextual implications.
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Dissertations / Theses on the topic "Botswana legal system"

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Khunou, Samuel Freddy. "A legal history of traditional leadership in South Africa, Botswana and Lesotho / by Khunou, Samuel Freddy." Thesis, North-West University, 2006. http://hdl.handle.net/10394/1144.

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Aim of the study: The main aim of the study is to examine and pursue research regarding the history and role of law in the disintegration of the institutions of traditional leadership in South Africa, Botswana and Lesotho in order to make recommendations regarding the challenges and opportunities facing traditional authorities in these countries. The traditional systems, roles and functions of these institutions are traced from the pre-colonial era up to the period of democratic regimes in these countries. This study is based on the premises that the jurisprudence of the institution of traditional leadership is as old as mankind and that this institution is rooted in the rural soil of African communities. Research Methodology: This study is based on legal comparative research with reference to South Africa, Botswana and Lesotho. A literature survey of the most important sources dealing with history, legislation and policy documents was undertaken. Conclusion and Recommendations: The institution of traditional leadership is one of the oldest traditional institutions of governance in South Africa, Botswana and Lesotho. During the pre-colonial era traditional authorities constituted an important component in the traditional system of the administration of the traditional community. Traditions placed a great amount of responsibility on traditional leaders to look after the best interests of their communities. When the colonial government took over the reigns of these three countries, they changed the pre-colonial form and nature of traditional authorities. These colonial governments exercised control over traditional leaders and allowed minimum independence in their traditional rule. The post-colonial governments of South Africa, Botswana and Lesotho retained the institution of traditional leadership. The Constitutions of these countries provide the legal framework for the recognition and functioning of the office of traditional leaders. However, it has been noted in this study that the relationship between the traditional leaders and the governments of these countries has been a mixture of conflict and cordiality. One of the reasons for this uneasy relationship between the traditional leaders and the central governments of these countries is that the status, authority, power and functions of traditional leaders have been reduced considerably when new institutions such as Local Governments, Land Boards, District Councils and Village District Councils were given powers and functions previously exercised by traditional leaders. The post-colonial transformation of traditional leadership in these three countries has led to a steep decline in the authority of traditional leaders. In order to encourage active participation of the traditional leaders in the new democratic structures and bodies, the institution of traditional leadership must be adapted to the changing political, social and economic environments. Rural local government bodies and the national governments of these countries should not view the institutions of traditional leadership as competitors for political power. The post-colonial governments of South Africa, Botswana and Lesotho should introduce traditional leaders as equal partners in the development and advancement of rural communities. In order to achieve this goal the governments of these countries should empower and capacitate traditional leaders so that they do not become misfits in the new constitutional and democratic settlements.<br>Thesis (LL.D. (Indigenous Law))--North-West University, Potchefstroom Campus, 2007.
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Tadesse, Mizanie Abate. "HIV testing from an African Human Rights System perspective : an analysis of the legal and policy framework of Botswana, Ethiopia and Uganda." Thesis, University of the Western Cape, 2007. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5928_1210839992.

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<p>The HIV/AIDS pandemic poses the greatest threat to Africa's efforts to achieve its full potential in the social, economical and political spheres. Cognizant of its devastating consequences, various mechanisms have been designed to address the issue of HIV/AIDS in Africa. This thesis addressed the question: 'Are the legislations and policies of Ethiopia, Botswana and Uganda providing for various modalities of HIV testing consistent with human rights as enshrined under African Human Rights system?' The author of this dissertation critically analyzed the African human rights instruments and the relevant domestic legislation and policies of the three countries.</p>
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Cole, Rowland James Victor. "Equality of arms and aspects of the right to a fair criminal trial in Botswana." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/3995.

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Thesis (LLD (Public Law))--University of Stellenbosch, 2010.<br>ENGLISH ABSTRACT: The guarantee of a fair trial is fundamental to the criminal process of every modern society. Like all civilised nations, Botswana’s legal order provides for the protection of accused persons through the guarantee of a fair trial. But equality of arms, a central feature of medieval trial by combat, seems to have disappeared from modern criminal procedural systems. The question arises, therefore, whether criminal justice systems sufficiently cater for the fair trial of accused persons. This thesis will argue that the present legal and institutional framework for the protection of fair trial rights in Botswana falls short of guaranteeing procedural equality and that this severely compromises fairness. The institutional framework does not support equality of arms and therefore leaves procedural rights in a basic state of application. The thesis, therefore, seeks to analyse the protection of fair trial rights in Botswana in light of the principle of equality of arms. The thesis explores the origins and theoretical foundations of the principle. It recognises that the present application of the principle occurs by implicit countenance. The absence of any constitutional recognition of the principle leaves procedural rights in a basic state of application. The thesis discusses the practical implications of an express recognition and constitutional application of the principle in the adversarial system. Equality of arms should be central in the criminal process and no party should have an unfair advantage over the other. The thesis recognises that the prosecution is in a position of advantage in that it has the support of the state. This advantage manifests itself in the form of vast resources regarding expertise, investigatory powers and legislative powers. Disparities in resources, the ability to investigate and access to witnesses create an inequality of arms between the state and the accused. This can only be balanced and countered by empowering the accused with constitutional and procedural rights that specifically protect the accused in the face of the might of the state. These procedural rights include the presumption of innocence, the right to legal representation and the right to disclosure. It is argued, however, that though accused-based rights and constitutional rules of procedure generally protect the accused and ensure that the process is fair, they mainly remain theoretical declarations if they are not applied in line with equality of arms. In other words, the meaningful enjoyment of these rights by the accused, demands the strengthening of resources and legislative and institutional governance. Fairness in criminal trials is epitomised in the balance between the overwhelming resources of the state and the constitutional protection of the accused. Otherwise, the constitutional protection afforded to the accused is compromised. The first part engages the reader with the development of accused-based rights and introduces the constitutionalisation of procedural rights in Botswana. It discusses the scope and application of the principle of equality of arms, develops its relevance to the adversarial system and justifies an application of the principle in Botswana domestic law. It makes a comparison between the adversarial and inquisitorial models while recognising the growing tendency towards convergence. It highlights the adversarial system as interest-based, and recognises the indispensability of the principle of equality of arms to such a system. While recognising that inquisitorial procedures often offend equality of arms, the role of the inquisitorial system in ensuring equality of arms is also recognised. It measures and analyses the normative value, application and recognition of equality of arms in Botswana’s legal system, arguing for express recognition and a conceptual application of the principle by the courts. It is reasoned that express recognition of the principle will result in fuller protection and better realisation of accused-based rights. Exploring the adversarial-inquisitorial dichotomy, it recognises the need for convergence, but emphasises the principle of equality of arms and the right to adversarial proceedings as the foundation for fair trials. The second part analyses the investigation process and generally bemoans the great inequalities at this stage of the criminal process. It discusses procedural and evidential rules that serve to minimise the imbalances and the role that exclusionary rules play in ensuring fair trials and reliable verdicts. The third part identifies specific trial rights which are relevant to the principle of equality of arms. Central to the discussion are the right to legal representation and the presumption of innocence which are discussed in chapters 7 and 8 respectively. These two important rights are central to the protection of the accused but unfortunately are the most compromised due to lack of resources and legislative intervention. Chapter 9 deals with other rights that are relevant to the principle as well as the ability of the accused to present his case and effectively defend himself. It emphasises the need for the courts to engage in the trial, thereby enabling the unrepresented accused. The fourth part contains final conclusions which argue that the principle of equality of arms forms the basis for the full realisation of individual procedural rights and advocates for the recognition of the principle in the Botswana legal order. It is concluded that the constitutional enshrinement of fair trial rights and their basic application by the courts, without actual measures to ensure their realisation, are insufficient. Suggestions include legislative and institutional reforms, as well as a constitutional recognition of the principle of equality of arms.<br>AFRIKAANSE OPSOMMING: Die waarborg van ‘n billike verhoor is fundamenteel tot die strafprosesregstelsel van elke beskaafde gemeenskap. Soos in ander beskaafde lande, word die beskuldige in Botswana ook beskerm deur die reg op ‘n billike verhoor. In die Middeleeue was gelykheid van wapens (“equality of arms”) die sentrale kenmerk van die tweegeveg as geskilberegtigingsmetode. Dit blyk egter dat hierdie sentrale kenmerk afwesig is in moderne strafprosesregstelsels is. Die vraag ontstaan of hierdie toedrag van sake ‘n beskuldige se reg op ‘n billike verhoor op risiko plaas. In hierdie tesis word betoog dat die posisie in Botswana van so ‘n aard is dat “ongelyke bewapening” veroorsaak dat die reg op ‘n billike verhoor belemmer word. Die plaaslike institusionele bedeling onderskraag nie die beskerming van gelykheid van wapens nie en veroorsaak derhalwe dat prosessuele regte in “a basic state of application” is, met ander woorde, op ‘n eenvoudige en meganiese toepassingvlak is. Met die norm van gelyke bewapening as vertrekpunt, ondersoek hierdie tesis die beskerming van die reg op ‘n billike verhoor in Botswana. ‘n Ondersoek word geloods na die oorsprong en toereriese basis van die beginsel van gelyke bewapening. Die afwesigheid van uitdrukklike grondwetlike erkenning van die beginsel, word vergelyk met die praktiese implikasies en uitdruklike grondwetlike erkenning en toepassing in ‘n adversatiewe stelsel. Gelykheid van wapens behoort sentraal tot die strafproses te wees en geen party behoor ‘n onbillike voordeel bo die ander te geniet nie. In hierdie tesis word erken dat die vervolging bloot vanweë die feit dat dit deur die staatsmasjienerie ondersteun word, wesenlik bevoordeel word bo die individu as aangeklaagde. Dit gaan hier om toegang tot hulpbronne soos deskundigheid, asook die rol wat misdaadondersoekmagte en ander wetgewing speel. Ongelykhede byvoorbeeld in hulpbronne, in die vermoë om misdaad te ondersoek en in die toegang tot getuies, dra alles daartoe by dat ‘n wanbalans tussen die staat en die individu ontstaan. Die verlening van prosessuele regte aan die beskuldigde is ‘n metode om die balans te probeer herstel. Voorbeelde van sulke regte is die reg om onskuldig vermoed te wees, die reg op ‘n regsverteenwoordiger en die reg op insae in verklarings. In hierdie tesis word egter betoog dat alhoewel hierdie regte en ander grondwetlike strafprosedures die beskuldigde kan beskerm en die billikheid van die proses kan bevorder, dit absoluut noodsaaklik is dat voormelde regte en prosedures in lyn met die beginsel van gelykheid van wapens geïnterpreteer en toegepas moet word. Betekenisvolle afdwinging en toepassing van ‘n beskuldigde se regte verg versterking van bronne en die institusionele bedeling. Billikheid in die strafverhoor word gekenmerk aan die graad van balans wat bereik kan word tussen die oorvloedige hulpbronne van die staat teenoor die grondwetlike beskerming van die beskuldigde. In die afwesigheid van ‘n balans, word die beskuldigde benadeel. Die eerste gedeelte van hierdie tesis behandel die ontwikkeling van die beskuldigde se regte en bevat ‘n inleiding tot die konstitusionalisering van prossuele regte in Botswana. In Deel Een word die omvang en toepassing van die beginsel van gelykheid van wapens bespreek en word die relevantheid van hierdie beginsel in die adversatiewe proses identifiseer, veral wat Botswana betref. Die adversatiewe en inkwisitoriese modelle word vergelyk en bespreek met erkenning aan die moderne neiging dat die twee modelle besig is om in een te vloei – die sogenaamde verskynsel van “convergence”. Daar word aangetoon dat gelykheid van wapens die adversatiewe model onderlê. Hierteenoor is dit so dat die inkwisitoriese model ook erkenning aan gelykheid van wapens verleen. Daar word betoog dat gelykheid van wapens ‘n normatiewe waarde het en uitdruklik in Botswana deur die howe erken moet word. Uitdruklike erkenning sal tot groter beskerming en realisering van ‘n beskuldigde se regte lei. In Deel Een word ook tot die slotsom geraak dat alhoewel daar ‘n behoefte aan “convergence” is, dit onvermydelik tog ook so is dat gelykheid van wapens en die reg op ‘n adversatiewe proses die grondslag van ‘n billike verhoor vorm. In Deel Twee word die misdaadondersoekproses ontleed en word die grootskaalse ongelykhede wat hier onstaan en bestaan, bespreek. Daar word gelet op prosesregtelike en bewysregtelike reëls wat hierdie ongelykhede kan minimaliseer. Die rol van uitsluitingsreëls ter bevordering van ‘n billike verhoor en ‘n betroubare bevinding, word ook aangespreek. Deel Drie identifiseer spesifieke verhoorregte wat in ‘n besondere direkte verband met die beginsel van gelykheid van wapens staan. Hier is veral twee regte van besondere belang: die reg op ‘n regsverteenwoordiger (hoofstuk 7) en die reg om onskukdig vermoed te wees (hoofstuk 8). Ongelukkig is dit so dat hierdie twee regte erg ondermyn word. Die reg op resverteenwoordiging word ingekort deur ‘n gebrek aan finansiële bronne terwyl die vermoede van onskuld deur wetgewing ondergrawe word. In hoofstuk 9 word ander relevante regte bespreek en word die noodsaak van ‘n aktiewe hof in die geval van ‘n onverteenwoordigde beskuldigde bepleit Deel Vier bevat finale gevolgtrekkings. Daar word betoog dat die beginsel van gelykheid van wapens die basis vorm in die volle relisering van individuele regte en, verder, dat hierdie beginsel ten volle in die regstelsel van Botswana erken behoort te word. Blote grondwetlike verskansing van die grondwetlike reg op ‘n billike verhoor en ‘n blote basiese interpretasie daarvan deur die howe, is onvoldoende wanneer daar geen maatreels is om die haalbare realisering af te dwing nie. Wetgewende en institusionele hervorming is nodig, asook ‘n grondwetlike erkenning van die beginsel van gelykheid van wapens.<br>Research funds made available by Prof. S. E. van der Merwe
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Okello-Wengi, Sebastian. "Analysing the support systems for refugees in southern Africa: the case of Botswana." Thesis, 2004. http://hdl.handle.net/10500/1256.

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The purpose of this study was to analyse the support systems for refugees in Southern Africa with specific reference to the Republic of Botswana. Qualitative framework as described by Lofland and Lofland (1984), Schensus and Schensus (1992) was used to conduct the investigation. Interviews were conducted with thirty refugees who currently living in Botswana as a refugee or asylum seeker. Focus group discussion was also held with twenty-six refugee workers. Interview findings were derived using Glaser and Straus' (1976) and Van Maanen, (1979) constant comparative method of qualitative analysis and were grouped into four major categories. Among the most significant findings were that the subjects agreed that on paper and by design, there are structures for providing the different services to refugees but refugees are not provided with adequate services. The second finding is that the support systems for refugees in Botswana are more focused on the provision of material support with little attention given to the psychosocial needs of the refugees. The third finding is that the Botswana government withheld some of the Articles of the 1951 UN refugee Convention, which deal with the socio-economic rights of refugees in Botswana. The fourth finding is that refugee workers need specialised training to enable them to address a wide rage of psychosocial issues affecting refugees. Last major finding is that there is no established clear system of service delivery in the participating agencies. The researcher concluded that because of trauma and stress experienced by refugees and refugee workers, there is a need to improve on the psychosocial support provided to refugees and refugee workers in Botswana by improving the knowledge and skills of refugee workers and promoting refugee participation. The researcher recommends two urgent actions that should be taken. First, the refugee management in Botswana need to improve on its service quality control mechanism, including evaluating its legal and operational framework. Second, psychosocial components need to be integrated into every aspect of the refugee programmes. This will support recovery for the many traumatised refugees and refugee workers in Botswana.<br>Social work<br>DPHIL (SOCIAL WORK)
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Books on the topic "Botswana legal system"

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Kwabena, Quansah Emmanuel, ed. The Botswana legal system. LexisNexis Butterworths, 2006.

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Quansah, E. K. Introduction to the Botswana legal system. 3rd ed. Pula Press, 2001.

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Hasan, Tazeen, and Ziona Tanzer. Women's Movements, Plural Legal Systems and the Botswana Constitution: How Reform Happens. The World Bank, 2013. http://dx.doi.org/10.1596/1813-9450-6690.

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Daniel, Seblewengel, Mmapula Diana Kebaneilwe, and Angeline Savala, eds. Mother Earth, Mother Africa and Mission. African Sun Media, 2021. http://dx.doi.org/10.52779/9781991201317.

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The volume is significant in bringing together voices of African women theologians and their allies on the urgent topic of ecology. First, it decisively intervenes into scholarly discourses on ecofeminism by highlighting the reflections of African women scholars and African women as subjects. This function of the volume is very important both at local and global levels. Second, it contributes to contextualizing of scriptural interpretation around the issue of ecology. Biblical reflection occurs throughout the volume and is put into dialogue with African traditions, with ecofeminism, with Africa-based mission projects, and with the current crisis of sustainability and African women’s roles in protecting the earth. Third, the volume includes several concrete case studies based on interviews and grassroots qualitative research, as well as especially original articles that integrate biblical exegesis of Genesis with reflections on patriarchal legal systems in Botswana, and an original take on “male headship” in relation to ecofeminism.
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Book chapters on the topic "Botswana legal system"

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Ntshwarang, Poloko Nuggert, and Odireleng Mildred Shehu. "Parenting Practices in Botswana." In Advances in Medical Education, Research, and Ethics. IGI Global, 2020. http://dx.doi.org/10.4018/978-1-7998-2940-9.ch011.

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As in other Sub-Saharan countries, the legal reforms that occur in Botswana have significant effects on family functioning and how parenting occurs. Parenting practices such as strategies for supporting, monitoring, and disciplining children have significant effects on children's physical, social, psychological, emotional, and behavioral wellbeing. An important section of the structural system that affects parenting practices is the law. Botswana's Children's Act is an overriding law that informs any children's policy and program as well as parenting behaviors. Children's laws in the country are influenced by both socio-cultural discourses as well as the international bodies that Botswana is signatory to such as the Convention for the Rights of the Child (CRC). The authors adopt a critical discourse analysis (CDA) to examine how Botswana's Children's Act of 2009 contributes to parenting practices in the country and the impact of socio-cultural discourses in understanding and implementing the act. Implications for social work practice, research, and policy are highlighted.
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Schneider, Marius, and Vanessa Ferguson. "Zimbabwe." In Enforcement of Intellectual Property Rights in Africa. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198837336.003.0057.

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The Republic of Zimbabwe is a landlocked country in southern Africa and is bordered by Botswana, Zambia, Mozambique, and South Africa, with a total area of 386,847 Aquare kilometres (km) and a population of 16.53 million. Zimbabwe’s capital and largest city is Harare, with a population of 1.56 million people. Other large cities include Bulawayo, Chitungwiza, Mutare, and Gweru. The currency of Zimbabwe is the Zimbabwean dollar. Zimbabwe has not had its own independent currency for a decade, relying instead on the US dollar and a local money system pegged to the US dollar. In June 2019, the Zimbabwean authorities reintroduced the Zimbabwean dollar as the country’s sole legal tender. Working days are normally Monday to Friday from 0800 to 1630.
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Ndlovu, Kagiso, Kabelo Leonard Mauco, and Ryan Littman-Quinn. "Telemedicine in Low Resource Settings." In Health Information Systems and the Advancement of Medical Practice in Developing Countries. IGI Global, 2017. http://dx.doi.org/10.4018/978-1-5225-2262-1.ch008.

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Telemedicine is a means to support health-care provision utilizing information and communication technology (ICT) tools and telecommunication services. This chapter focuses on telemedicine practices in low resource settings, referencing key telemedicine initiatives in Botswana. Telemedicine is highly practiced in the developed world, and recently there is an increasing interest in the developing world. Current literature suggests telemedicine as an important tool for improving healthcare delivery for low resource settings. Hence the authors' interest in exploring the current status of telemedicine practices with reference to telemedicine projects from low resource settings such as Botswana. The chapter reveals that telemedicine in such settings is mainly implemented through mobile phones, also known as mobile health (mHealth). In this chapter, the authors discuss factors influencing successful implementation of telemedicine solutions in Botswana. Furthermore, the chapter discusses telemedicine implementation challenges in each of the projects and presents possible mitigation strategies. The chapter concludes by affirming the feasibility of successfully practicing telemedicine in low resource settings; notwithstanding challenges such as lack of legal and eHealth frameworks in most developing countries.
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