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

Volume 16, Issue 3
  • ISSN : 0010-4051



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.

Loading full text...

Full text loading...


Article metrics loading...


This is a required field
Please enter a valid email address
Approval was a Success
Invalid data
An Error Occurred
Approval was partially successful, following selected items could not be processed due to error