oa Comparative and International Law Journal of Southern Africa - Constitutionalism in Botswana: a valiant attempt at judicial activism



This article reviews the period of the short reign of a constitutionally-minded Chief Justice in a young and democratic African state, of a man of strong conviction and somewhat ahead of his time. It is through the agency of judicial office-bearers like him that the law takes form, particularly in an infant jurisdiction where personalities count more than they do in well-established jurisdictions. The first part of this article contains a brief descriptionption of Botswana and its constitution, followed by a summary and interim evaluation of Chief Justice Hayfron-Benjamin's constitutional law judgments. The second part deals with the Court of Appeal's attitude, the departure of Chief Justice Hayfron-Benjamin, and the jurisprudential issues arising from the Hayfron-Benjamin era.


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