Court rejects 'UK university' law graduate's bid to practise
Mpho Mokwape | Tuesday April 21, 2026 11:03
The judgment was delivered on Friday by Judge President Barnabas Nyamadzabo, following a petition filed by Kagiso Stephens in November 2025. Stephens had asked the court to admit him as “an Attorney in the High Court and other Courts of the Republic of Botswana”.
Stephens argued that he qualified under the Legal Practitioners Act because he holds a Bachelor of Laws degree from Leeds Beckett University in the United Kingdom. He also told the court that he had passed the Law Society of Botswana’s admission examinations. However, the Law Society of Botswana opposed the application as it argued that Stephens did not meet the academic requirements set out in the law. The society claimed that Stephens was actually trained at GUC, which is not a recognised institution for admission as an attorney in Botswana.
According to court documents, the Law Society stated that Stephens “is not academically qualified” under the Legal Practitioners Act and does not hold a recognised law degree from an approved institution. During the proceedings, Stephens did not file further arguments to respond to these claims. The court noted that he also failed to provide key supporting documents, such as academic transcripts showing where and how he studied.
Judge Nyamadzabo said this omission was significant. “The absence of such critical academic information may give credence to the Law Society’s averments,” the judge said. The court explained that applicants in similar cases provide full academic records, including transcripts showing courses taken and years of study, whilst Stephens did not do this.
The judge also accepted the Law Society’s argument that it has a direct interest in such cases. As the regulatory body for legal practitioners in Botswana, the society is responsible for maintaining professional standards.
“It is clear that the Law Society of Botswana has sufficient interest, especially that in its view the enrolment of the present petitioner may compromise the quality standards of the legal profession,” the judge said.
Although Stephens had argued that the Law Society had no right to oppose his application without first being granted permission by the court, the judge rejected this. He ruled that the society’s earlier filings and its later application to participate were valid and should be considered. The judge also refused a request by the Law Society to combine Stephens’ case with other similar cases involving graduates from GUC. The judge said Stephens’ case had already progressed too far and should be decided on its own. In examining the law, the court said a person must meet several requirements to be admitted as an attorney.
These, he said it include being a “fit and proper person,” holding a recognised law degree, and passing required examinations. Whilst Stephens submitted proof that he passed the professional exams and included a character reference from his former employer, the court said this was not enough.
“The petitioner has not shown that he is qualified to be enrolled and admitted as an attorney,” the judge ruled. The court also raised concerns about the possibility that some institutions might try to bypass the law by linking with foreign universities.
The judge said the Law Society is expected to examine such arrangements carefully to protect standards. In conclusion, the court dismissed Stephens’ application. However, it ordered that each party should pay its own legal costs. “This petition is dismissed on account of the Petitioner’s failure to show that he is qualified,” the judgment stated.