oa Comparative and International Law Journal of Southern Africa - The structure of the courts of appeal of Botswana, Bophuthatswana and Zimbabwe

Volume 21, Issue 1
  • ISSN : 0010-4051



There are two possible criticisms of direct appeals to a court of appeal. The first is that it would add to costs. This would only be so if advocates charge more for appearing in the appeal court, and there is no real reason for that. The appeal court would probably tighten up on records and procedure: any increased costs here should be made up by a saving in court time. The second possible criticism would be that appellants would be denied a further appeal. This is offset by the point that they would be able to go direct to the final court, and that without the costs of two appeals. If there were only the one court of appeal, hearing appeals direct from the trial courts, much, if not all, depends on those who would sit on the court. Neither Botswana nor Bophuthatswana has yet reached the stage where the expense of permanent judges of appeal can be justified. But neither would want to forego the prestige brought by the import of judges or distinction.

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