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 ==1.	Introduction==

1.1 Summary of the context

Botswana is a former British protectorate (previously known as Bechuanaland). It gained independence in 1966 under the name Botswana. Since its independence, the ruling Botswana Democratic Party has won every election and the country has one of the most stable economies in Africa. Botswana is bordered by South Africa, Namibia, Zambia and Zimbabwe and is home to over 1.5 million people. At 600 370km (231,788 miles) Botswana is a similar size to Madagascar and is just slightly smaller than Texas and only slightly larger than France. The currency in Botswana is known as the Pula. Because of the strong economy and political stability, the country has attracted skilled workers and small numbers of refugees from its neighboring countries.

Most of the population enjoy a high standard of living and Botswana has maintained one of the world's highest economic growth rates since 1966. Botswana boasts a GDP (purchasing power parity) per capita of about $18,825 per year as of 2015, which is one of the highest in Africa.[9] Its high gross national income (by some estimates the fourth-largest in Africa) gives the country a relatively high standard of living and the highest Human Development Index of continental Sub-Saharan Africa.[1]

Despite a Botswana a high HIV/AIDS prevalence rate the country is also known for having one of the most progressive and comprehensive prevention and management programs for dealing with the disease.

1.2 Religions, languages and minorities

Although ethnically Tswana people are often said to be a majority, government censuses collect no information on ethnicity. Earlier studies indicated that in some regions, Tswana were a minority, and that all polities were composed of people of heterogeneous origins, including Kalanga, Yei, Mbukushu, Subiya, Herero, Talaote, Tswapong, Kgalagadi, Kaa, Birwa, and varied peoples known as Bushmen (or, in Botswana, Sarwa). There are also resident Europeans and Indians.

English is the official language and Setswana the national language. This means that the language of government and higher education is primarily English, but that Setswana is the dominant language spoken in the country. Ninety percent of the population is said to speak Setswana. The term Setswana refers both to Tswana language, and to Tswana practices/culture. [2]

2. Type of system

2.1 General

The Republic of Botswana is a parliamentary republic. The country has a mixed legal system influenced by Roman-Dutch law, customary and common law.[3] The mixture of Roman-Dutch Law and English Law is basically Botswana's common law system as a whole. This establishes the judicial decisions or court precedents.

The Constitution of the Republic of Botswana came into effect on independence, and provided for a republican form of government with three organs of state namely legislature, the executive and the judiciary.

Customary courts are still integrated in the country’s legal system and have their own hierarchy, the lowest courts being mostly limited to civil matters. The customary courts play an important role in the legal system dealing with approximate 80% of the criminal matters brought before the courts.

  1. Gross national income (GNI) – Nations Online Project
  3. World Factbook (CIA) January 17, 2018,