Dret mercantil a Botswana

Legal Framework

Independence of Justice

Botswana is considered as one of the most stable democracies in Africa and the judiciary is relatively independent. Nevertheless, the country has been under a single-party rule since its independence. Botswana's judicial independence score, according to the World Bank (World Economic Forum Index), has been on the decline over the last few years and stands now at 4.21, which is lower than Namibia and South Africa but higher than Mozambique and Zimbabwe. World Justice Project ranks Botswana 45th out of 113 countries in its latest Rule of Law ranking.

Equal Treatment of Nationals and Foreigners

The right to equal treatment is protected by the Section 3 of the Constitution. The article prohibits all forms of discrimination based on race, place of origin, political opinions, colour, creed or sex.

The Language of Justice

English and Setswana

Recourse to an Interpreter

Courts provide interpretation services in English and Setswana.

Sources of the Law and Legal Similarities

The origins of modern law in Botswana date back to the founding of Bechuanaland Protectorate. The common law that is enforced today was based on the Roman-Dutch law received from Holland and introduced into the Protectorate through the Cape Colony (modern day South Africa). The following are the main sources of law in Botswana:

• The Constitution (as adopted upon the independence of the country in 1966)
• Customary law (indigenous legal systems are recognised but are not incorporated into the general law)
• Common law
• Legislation
• Judicial precedent

Checking National Laws Online

E-Laws Botswana