n Comparative and International Law Journal of Southern Africa - Legal aid in Botswana : a problem in search of a solution

Volume 40, Issue 3
  • ISSN : 0010-4051



Legal aid to indigent persons is increasingly being recognised as fundamental to the realisation of access to justice for the most vulnerable in society. The Constitution of Botswana, whilst guaranteeing fundamental human rights and making provision for their enforcement, does not put an obligation on the state to provide the necessary financial help, if need be, to enforce them. Consequently, these rights are rendered nugatory to most Batswana who lack the financial strength to access legal services in order to uphold and vindicate these rights. Despite a clear need for the establishment of a legal aid scheme in Botswana, no concerted attempt has so far been made towards its establishment. This article puts the case for the establishment and proposes a possible a legal framework.

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