The Judicial Protection of Human Rights in Botswana


Emerging issues relating to the judicial protection of human rights in Botswana.



Series: Trinity College Dublin Asian Law and Human Rights Series

Editors: Quansah and Binchy | Format: Hard Back | Price: €70 | ISBN 978-1-905536-27-6 | Publication Status: Available (published August 2009)


In recent years the crucial role that the judiciary can play in the protection of human rights has become apparent. The scope of application of human rights protection has been expanding. The argument that economic and social rights should be justiciable has gained wider support; the idea that, as well as States, non-State actors, notably transnational corporations, should be required to respect human rights has gained currency.

Botswana has been affected by these developments. Its Constitution is not in the first flush of youth yet the courts have on occasion shown that it is capable of dynamic interpretation in accordance with contemporary values. It is geographically and culturally close to South Africa, where the scope of judicial protection of human rights has been radically transformed at a fundamental constitutional level.

This book seeks to identify the emerging issues relating to the judicial protection of human rights in Botswana. Most of the contributors are members of the Department of Law of the University of Botswana but they have been joined by others from South Africa and Ireland.

About the Editors

Professor Emmanuel Quansah LLB; LLM (Lond.); LLD (Unisa), Barrister of Gray’s Inn, Barrister and Solicitor (Ghana); Attorney (Botswana); Professor of Law, University of Botswana.

Professor William Binchy is the co-editor of the Quarterly Review of Tort Law, also published by Clarus Press.

Catherine Finnegan is a co-ordinator at the School of Law, Trinity College, Dublin.


Chapter 1:Protection of Human Rights in Botswana: Emerging Issues Professor Bojosi Otlhogile

Chapter 2: The Role of International Law in Human Rights Litigation in Africa Magnus Killander

Chapter 3: The Challenges of Human Rights Protection in Botswana in the 21st Century Professor Charles Manga Fombad

Chapter 4: Expanding the Frontiers of Fundamental Human Rights: Judicial Protection of Human Rights in Botswana The Honourable Mr. Justice Key Dingake

Chapter 5: Judicial Protection of Human Rights in Botswana and the Role of International Human Rights Law The Honourable Dr. Onkemetse Tshosa

Chapter 6: The Evolution and Development of a Value-Based and Teleological Interpretation of Statute and Common Law in South Africa as a Result of the 1996 Constitution Professor G. Devenish

Chapter 7: Constitutional Rights and Judicial Activism: Bridging the Gaps in Botswana Dr. Rekha A. Kumar

Chapter 8: Enhancing the Judicial Role in Human Rights Protection in Botswana Professor Charles Manga Fombad

Chapter 9: Dignity as a Core Constitutional Concept Professor William Binchy

Chapter 10: Access to Justice – Through Legal Aid – Is a Human Right: Why and How Botswana Must Protect This Right Professor Louise W. McKinney

Chapter 11: Greasing the Criminal Process with a Human Touch: The Protection of the Accused Person’s Right to a Trial within a Reasonable Time Bugalo Maripe

Chapter 12: Gender and the Courts in Botswana: When Human Rights and Customary Law Clash Samwiri Wakhakha

Chapter 13: Human Rights and HIV/AIDS in Botswana: Current Perspectives and Future Prospects Professor E.K. Quansah

Chapter 14: The Role of the Judiciary in Protecting Freedom of Expression: How Far Should the Courts Go? Dr. Badala Tachilisa Balule

Chapter 15: Perspectives on the Interface Between Human Rights and the Environment in Botswana in the Light of the Basarwa Case K.K. Lebotse

Chapter 16: Property Guarantees in the Constitution and Implications for Land Tenure Policy in Botswana Professor Clement Ng’ong’ola


  • African charter on human and peoples’ rights
  • protocol to the African charter on human and peoples’ rights on the rights of women in Africa 361
  • Constitution of Botswana (Extracts)


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