Academic paper accuses the Courts of prioritizing technicalities over electoral justice

Botswana Courts Face Scrutiny Over Election Dispute Handling

Concerns Arise on Procedural vs. Substantive Justice

A recent academic publication in the Statute Law Review suggests that Botswana’s judicial system may be increasingly prioritizing procedural technicalities in election petition cases. This focus, according to the paper, could be at the expense of achieving substantive justice in electoral disputes.

Impact on Public Trust

The paper highlights a potential consequence of this trend: a decline in public confidence regarding the fairness and efficacy of the country’s electoral dispute resolution mechanisms. This critical assessment raises important questions about the balance between legal process and the broader goals of justice within election grievances.

The Academic Perspective

Authored by Thobo Motlhoka, the research offers a scholarly viewpoint on how judicial decisions in election-related matters are perceived and their potential long-term implications for democratic processes in Botswana.