Justice and fair-process in Botswana: wishful thinking ?

I have been motivated to write this article by a rape case which is still fresh in the minds of many against one certain James Mathokgwane, who unlike many of our fellow citizens was able to instruct a team of three bright legal brains for his defence on appeal at the High Court having been convicted and sentenced by the court below viz the magistrate court.

Justice and fair process are those flashy and politically loaded terms and/or phrases, which are vexatious and at times mal-adventurous in an attempt to gibe them once off and very precise meaning.

In this paper we would try to define them in the context of criminal justice in which they would mean criminal proceedings, which are conducted in such a manner that can be said to be an impartial and independent court of law, which is both substantive and procedurally fair. That is from the court a quo or the trial court up to the highest court of the land ,which is the court of appeal. In this article court shall mean courts of record hence customary courts shall be excluded in the meaning of the word "court".

Editor's Comment
Women unite for progress

It underscores the indispensable role women play in our society, particularly in building strong households and nurturing families. The recognition of women as the bedrock of our communities is not just a sentiment; it's a call to action for all women to stand together and support each other in their endeavours.The society's aim to instil essential principles and knowledge for national development is crucial. By providing a platform for...

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