After a decade of discussion, this legislation has been passed although the date of commencement of the Act has not been announced. Important aspect of the amendment are:
Restrictions on the rights of admission and practise in Botswana of foreign nationals. In essence, foreigners will only be able to be admitted as legal practitioners where they are able to convince the High Court that (a) they are or intend to be permanently resident in Botswana and (b) that their own country allows reciprocal rights to Batswana. Foreign advocates (barristers) will be able to be admitted to appear in the High Court on an ad hoc, case to case, basis upon the Chief Justice being convinced that a particular matter is of such importance and the foreign advocate has such expertise as to warrant admission.
Newly qualified lawyers will have to serve pupillage under an experienced local attorney before being admitted to practise.
The long awaited Law Society of Botswana, with compulsory membership, is established and charged, inter alia, with the disciplining of the profession which has hitherto been the obligation of the Attorney-General.
Attorneys' Trust accounts are to be audited annually.
Fidelity Fund is established.
This Act is welcomed as an important step towards correcting certain abuses which have developed in the legal profession and, just as importantly, in providing the profession with a forum through which it can effectively educate itself and the public, lobby government and the courts.
The content of this article is intended to provide general information on the subject matter. It is not therefor a substitute for specialist advice.
Minchin & Kelly (Botswana) - Gaborone +267 312734
