Constitution_Of_Botswana.TXT
Any reference in this Constitution to the votes of two-thirds of the Members
of the Assembly shall be construed as a reference to the votes of two-thirds of the
Members of the Assembly excluding the person presiding.
CHAPTER VI
The Judicature (ss 95-107)
PART I
The High Court (ss 95-98)
[Ch0000s95] 95. Jurisdiction and composition
(1) There shall be for Botswana a High Court which shall have unlimited
original jurisdiction to hear and determine any civil or criminal proceedings under
any law and such other jurisdiction and powers as may be conferred on it by this
Constitution or any other law.
2 of 2002, s. 2(a)(i). (2) The judges of the High Court shall be the Chief
Justice and such number of other judges of the Court as may be prescribed by
Parliament:
2 of 2002, s. 2(a)(ii). Provided that the office of a judge of the High
Court shall not be abolished while there is a substantive holder thereof.
(3) The High Court shall be a superior court of record and, save as
otherwise provided by Parliament, shall have all the powers of such a court.
(4) The High Court shall sit in such places as the Chief Justice may
appoint.
(5) The High Court shall have jurisdiction to supervise any civil or
criminal proceedings before any subordinate court or any court martial and may make
such orders, issue such writs and give such directions as it may consider
appropriate for the purpose of ensuring that justice is duly administered by any
such court.
(6) The Chief Justice may make rules with respect to the practice and
procedure of the High Court in relation to the jurisdiction and powers conferred on
it by subsection (5) of this section.
2 of 2002, s. 2(b). (7) The Chief Justice may appoint a Rules of Court
Advisory Committee to assist him or her in reviewing and overhauling the rules made
under subsection (6) and to advise on proposals to update and amend such rules.
[Ch0000s96] 96. Appointment of judges of High Court
(1) The Chief Justice shall be appointed by the President.
2 of 2002, s. 3(a). (2) The other judges of the High Court shall be
appointed by the President, acting in accordance with the advice of the Judicial
Service Commission.
(3) A person shall not be qualified to be appointed as a judge of the High
Court unless(a)
he or she holds, or has held office, as a judge of a court having
unlimited jurisdiction in civil and criminal matters in Botswana, in a Commonwealth
country or in any country outside the Commonwealth that may be prescribed by
Parliament or a court having jurisdiction in appeals from such a court; or
2 of 2002, s. 3(b). (b) he or she is qualified to practise as an advocate or
attorney in such a court and has been qualified for not less than ten years to
practise as an advocate or attorney in such a court;
2 of 2002, s. 3(b). (c) he or she is qualified to practise as an advocate or
attorney and he or she has had the experience in the teaching of law in a recognised
university for not less than ten years; or
2 of 2002, s. 3(b). (d) he or she is a Chief Magistrate who has held that
office for not less than five years.
(4) In computing, for the purposes of subsection (3) of this section, the
period during which any person has been qualified to practise as an advocate or
attorney any period during which he or she has held judicial office after becoming
so qualified shall be included.
2 of 2002, s. 3(c)(i). (5) If the office of Chief Justice is vacant or if
the Chief Justice is for any reason unable to perform the functions of his or her
office, then, until a person has been appointed to and has assumed the functions of
that office or until the Chief Justice has resumed those functions, as the case may
be, those functions shall be performed by such one of the judges of the High Court
or such other person qualified for appointment as a judge of the High Court as the
President may appoint for that purpose:
Provided that-
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