Magistrates' Bench Book of Botswana

Magistrates' Bench Book of Botswana
Author: Oagile Bethuel Key Dingake
Publisher: Notion Press
Total Pages: 281
Release: 2022-11-23
Genre: Law
ISBN:

This bench book is intended as a quick reference book for Magistrates in Botswana. It discusses general principles of law relevant to the work of Magistrates in Botswana. It covers wide ranging topics relevant to the work of Magistrates such as: judicial independence, impartiality, jurisdiction, judicial case management, the legal system, conduct of court matters, key concepts of the law of evidence, fact finding and court hearings.The book is rich with critical advice to Magistrates. In particular it emphasizes that a Magistrate shall uphold the integrity and independence of the Judiciary, avoid impropriety and the appearance of impropriety in all of the activities of the Magistrate's activities. Although the book is primarily intended as a critical resource for Magistrates in Botswana, all judicial officers and lawyers in Botswana and other Commonwealth countries may find it useful. The book is set to have a profound impact on how Magistrates apply their judicial skills in the resolution of disputes. In addition to the above, it will be indispensable for training purposes.

Judges

Judges
Author: Oagile Bethuel Key Dingake
Publisher: Notion Press
Total Pages: 310
Release: 2020-03-17
Genre: Law
ISBN: 1648288669

This book discusses the work of judges, highlighting judicial values that are essential for earning and retaining public confidence in the judiciary. These values include independence, impartiality, integrity, propriety, equality, competence and diligence. These core values, commonly referred to as ‘Bangalore Principles of Judicial Conduct’ were agreed upon by the Judicial Integrity Group in Bangalore, India, in February 2001. In 2003, the United Nations Human Rights Commission (UNHRC) endorsed the above principles, considered amongst common and civil law jurisdictions as the authoritative statement on the values that should inform judicial conduct. Judges must be independent and impartial. Independence means a judge should not take any instructions from anyone or be influenced in any way in determining any matter by anyone. Impartiality means that a judge should treat the parties before him equally, providing them with equal opportunity to say their side of the story. He should have no personal interest in the outcome of the case. Every judge is a product of his time. It is through this prism that his objectivity must be assessed and critiqued. The purpose of objectivity is to be dispassionate. This objectivity is not always easy, but it is attainable. Similarly, the primary function of a judge is to dispense justice. It has always been a revered principle of liberty and freedom that judges are no respecters of persons but the Law, ever vigilant to ensure that any governmental action is justified. Today’s judge is required to give effect to the values of a pluralistic society that cherishes democracy, human rights, tolerance and diversity. This book exemplifies these values.

Judicial Bench Book on Violence Against Women in Commonwealth East Africa

Judicial Bench Book on Violence Against Women in Commonwealth East Africa
Author: Commonwealth Secretariat
Publisher: Commonwealth Secretariat
Total Pages: 345
Release: 2017-01-09
Genre: Law
ISBN: 1849291616

The Judicial Bench Book on Violence Against Women in Commonwealth East Africa situates VAW in Kenya, Rwanda, Tanzania and Uganda. By placing VAW within the socio-cultural and legal context of the region, the bench book will enhance the ability of judicial officers to handle cases of VAW, both within a human rights as well as a gender perspective.

Mixed Jurisdictions Worldwide

Mixed Jurisdictions Worldwide
Author: Vernon Valentine Palmer
Publisher: Cambridge University Press
Total Pages: 727
Release: 2012-06-28
Genre: Law
ISBN: 1139510355

This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.

Towards a People's Constitution for Botswana

Towards a People's Constitution for Botswana
Author: Oagile Bethuel Key Dingake
Publisher: Notion Press
Total Pages: 81
Release: 2020-08-07
Genre: Law
ISBN: 1649516320

Towards a People’s Constitution for Botswana proposes a transformative constitution for Botswana; a constitution that will have in its new bill of rights not only civil and political rights but socio-economic and cultural rights too. A constitution that will enhance the independence of Parliament and the Judiciary amongst other pillars of democracy. In this book, Judge Dingake acknowledges that although Botswana’s first constitution has served the country well, the time has now arisen for a new constitution that is consistent with the aspirations of the people to live under vibrant, participatory and accountable government of the people by the people. The book sets out in clear terms the constitution-making process that must be followed and the principles that must be enshrined in the new constitution. As a comparison, the book reflects on the constitution-making processes of some countries in Africa, such as South Africa, Namibia, Malawi, Tanzania, Kenya, Zambia, and Zimbabwe.