DITSHWANELO - The Botswana Centre for Human Rights supports local Members of Parliament who have raised questions about the ability of poor Batswana to have access to legal services. In Botswana, 47% of the population live below the datum-poverty line. This means that the cost of hiring a lawyer is beyond the means of many Batswana. Rights which are protected in the Constitution of Botswana are threatened when access to the law and to justice are out of reach of the poor. Without adequate legal representation, people risk being denied the right to a fair trial.

The minimum wage is P600 per month, while lawyers’ fees range from P450-P1000 per hour. The Government of Botswana only provides free legal support (pro deo) to those charged with crimes punishable with the death penalty, these are murder and treason. The pro deo rate for lawyers is P500.00 for taking instructions, P500.00 for a first court appearance and P300.00 for subsequent court appearances. These low fees tend to lead to inadequate representation and effective denial of a fair trial. In the 1999 Death Penalty case of DITSHWANELO, Maauwe and Motswetla vs. the Attorney General, the High Court recognised that the effect of a lack of appropriate legal representation led to the denial of a fair trial.

DITSHWANELO has a paralegal programme which provides free legal counselling to people who earn below the current minimum wage. We also have a Legal Aid Project through which we advocate for the establishment of a functioning state-funded legal aid system. Activities of the project have included a Death Penalty seminar in October 2000 and a Legal Aid Seminar in April 2002.

DITSHWANELO urges Members of Parliament to seriously consider the establishment of a functioning state-funded legal aid system through legislation and national budgetary provisions. Currently, legal advice is provided by non-governmental organisations such as the Legal Clinic at the University of Botswana, Mabogo Dinku, Emang Basadi and DITSHWANELO. DITSHWANELO believes that access to justice is fundamental to the right to equal protection before the law.

13 December 2002
Gaborone