PARALEGAL & RESEARCH PROGRAMME

Paralegal and research form a single Programme because the hundreds of cases in which we are involved each year contribute substantially to our research. 

Paralegal service

“If it wasn’t for DITSHWANELO I would have lost everything I ever had" says Mrs Margaret Tshwene (not her real name) in our Paralegal case study.

In the absence of any form of Legal Aid system in Botswana, DITSHWANELO’s Paralegal Programme is one way those living in poverty can get access to justice.  Anyone earning less than the minimum wage (P600 per month) can be supported by our trained paralegal officers, in both our Gaborone and Kasane offices.  Any type of case can be handled.  The most common are labour related (unlawful termination, not being properly remunerated, abuse of workers’ compensation or pension rights, etc), land rights, inheritance rights, domestic matters (e.g. child custody, maintenance, domestic abuse, etc), breach of contract, torture, immigration, and sexual harassment.  More details on case types.

Where the need is for counselling or another organisation is better able to provide assistance, we refer clients to partner organisations.  Similarly, they refer appropriate cases to DITSHWANELO. 

The Programme can provide training to other organisations wishing to set up a paralegal service.  We invite organisations interested in coordinating work or discussing training to contact us.

The Programme runs a specific self-help group for domestic workers, organising a monthly meeting and providing training and discussion on rights.  The aim is to train individuals to be able to take control of a campaign for improved rights under law, for creation of a union for domestic workers and for public education about the rights of domestic workers and the responsibilities of their employers.

Our Paralegal service operates as ‘action research’.  It provides us with a true picture of the issues being faced in Botswana and of the extent to which those in poverty understand their rights and responsibilities.  This understanding is fed into our Research work and often forms the basis for the development of resources which help the public understand their rights – for example, our ‘Know your Law’ series of guides to the law.

See CASES & TESTIMONIALS for further information.

Research

In addition to the action research undertaken by our Paralegal Programme, we undertake more in-depth research on specific issues where it will contribute to our practical actions in one of our programmes.  For more information, see our list of current and available PUBLICATIONS.

Volunteers with DITSHWANELO are often involved in this research – see our VOLUNTEERS PAGE.

DITSHWANELO also contributes to other organisations’ research, providing the human rights perspective on issues such as the development of a vaccine for HIV/AIDS.

CASES & TESTIMONIALS

Since DITSHWANELO's Kasane office was established in 2000-1, we have handled approximately 550-650 cases each year

Year                                                        Gaborone                Kasane                   TOTAL
                                                                 casesa                     casesa                    CASES

1997                                          268                        -b                   -b
1998                                          406                       - b                   -b
1999                                          262                      37b                  -b
2000                                          298c                     177                475
2001                                          369                      296                665
2002                                          394                      146                540
2003                                          341d                    249                590
2004                                          309                      317                626
2005                                          308                      250                558

a          More than one individual is helped in the majority of cases – see details below
b          Our Kasane office was not fully established until 2000-1
c          Excludes figures from January of 2000 and is lower than the demand for support due to a            staff members’ ill-health and death during the year
d          Excludes figures from October to December 2003, so only represents ¾ of the year.

The following list shows the full range of cases handled.  The most frequently handled relate to labour and domestic related issues such as marital disputes, problems due to cohabitation and maintenance, and, increasingly inheritance problems.  Our Kasane office handles large numbers of land rights cases and a much higher proportion of immigration cases, due to its location on the border.

Labour related cases include issues such as:

• unlawful termination
• not being remunerated for work completed, severance benefit, 
• not being remunerated for overtime work, travel allowance, or commission earnings
• lack of workers compensation coverage
• abuse of pension privileges

Domestic related cases include issues such as:

• inheritance
• child custody disputes
• appeal applications for cases related to domestic abuse
• adultery
• maintenance support for women and children
• divorce
• adoption
• seduction.

Land rights issues typically include:

• Cheating another individual or family out of their land, including depriving elderly family members, and wealthy families swindling poor families
• Foreign spouses being forced out of their property
• Orphans deprived of their right to inherit land

Civil related cases include issues such as:

• non-payment of accounts
• breach of contract

Other cases dealt with include rape and sexual harassment, torture, accident and compensation, immigration, detention, corporal punishment, medical issues (e.g. negligence), discrimination, court proceedings, gambling, debts, livestock, pension and assault.

A case example:

Mrs Margaret Tshwene (not her real name), a Zimbabwean national, came to DITSHWANELO after the death of her husband, with a highly complex case involving both an attempt to prevent her receiving her rightful inheritance after her Customary Law husband died, and a serious threat to have her deported from Botswana.  She says “until I came to DITSHWANELO I was scared for being deported to Zimbabwe – after living in Botswana for 27 years; I thought I would have to leave my five children.  After my husband died, I was taken to the customary courts by my mother-in-law who claimed she did not know me and that I was not married to her son.  She said that I am in Botswana illegally and if I do not give her my husband’s property she will report me to the Immigration Department.  The customary courts also confirmed that I would be deported because I do not have relevant documents.  When I hear the chief saying that, I agreed for the money from my husband’s work [his pension] to be given to my mother-in-law to keep for my children.  After she received the money she then wanted my plot [of land] in Gaborone to be changed to her name.  She had her lawyer writing letters to evict us from the house.  The lawyer also wrote to the Gaborone City Council demanding that the ownership of the land be changed to her.  I then realized that I was about to lose everything I had.  DITSHWANELO has saved me from all that.  Now I can stay here, with my family.  I have a resident’s permit until 2009 and I am about to apply for citizenship.  I have still got my house and DITSHWANELO thinks I will even get my husband’s money back.”

Florah, a Paralegal worker at DITSHWANELO, says “Mrs Tshwene was married under Customary Law which is quite typical and legal in Botswana, but there are no official documents under this type of marriage.  Because she had been in Botswana 27 years, she didn’t realise how important it is to get a resident’s permit.  She did once have a permit, but lost it and didn’t get a replacement.  It’s difficult to be helped if you don’t have the right documents.  This was a unique case and at first we didn’t know how to start.  It was very urgent and involved the minors, as well as the mother, and they were still mourning the loss of their father.”

Florah says “Mrs Tshwene’s two oldest daughters brought their mother to see us after not getting any help from the Customary Courts.  They told me that the courts are making their life more difficult and that their mother is now scared to seek help.  They explained that they do not have money to engage a lawyer.  They were distraught; they had lost their father and now thought they would lose their mother because she would be deported.  Also, their grandmother had refused to use the money which she had already got from the City Council to pay for the younger children’s school fees.”

Over five months DITSHWANELO had countless discussions and correspondence with the Department of Immigration, the Botswana High Court, the Chief in the village where Mrs Tshwene had lived, the mother-in-law’s attorney, the Zimbabwean High Commission, Gaborone City Council, where her husband had worked, and many others.

Mrs Tshwene says, “If it wasn’t for DITSHWANELO I would have lost everything I ever had.  My children are also very grateful for the help we got.  DITSHWANELO have also found a lawyer who will help us get back the money which my mother-in-law took – without charging us.  DITSHWANELO promised to always be there for us.”