23 Mar 2025

The legal infrastructure in South Africa makes it impossible for Botswana qualified lawyers and advocates to practice in South Africa.

The Minister of Justice and Correctional Services, Mr Nelson Ramaotwana told Parliament that the legal infrastructure required for permanent residency in South Africa on the part of Botswana citizens including recognised qualifications by the South African Qualifications Authority.

Mr Ramaotwana said like any other economic pursuit available within the country in every industry and profession, foreign attorneys and advocates were required to apply for work and/or residence permits to practice in Botswana. He said this mechanism ensured effective control on the people that seek to work in the Botswana market.

The minister said the Legal Practitioners Act allowed any person to be admitted as a legal practitioner.  He said advocates from South Africa and elsewhere were permitted on a case-by-case basis to represent clients in Botswana courts and these were legal practitioners who shared a common legal heritage of Roman Dutch and English law.

The minister pointed that the possible remedy in terms of protecting and promoting Botswana legal profession was for Parliament to change the current legal practitioners law.

He was answering a question from the Molepolole North MP, Mr Arafat Khan on whether the minister was aware that it was impossible for Botswana qualified lawyers and advocates to practice in South Africa. Mr Khan also wanted to know measures being taken to protect and promote the Botswana legal profession from advocates from South Africa and elsewhere. ENDS