Legal Aid Botswana (LAB) is a public institution established under the Legal Aid Act of 2013. It became fully operational after being piloted in 2011 and is now the main body responsible for promoting access to justice for indigent persons in Botswana. LAB provides legal advice, representation, and public legal education to ensure that those who cannot afford private lawyers still have access to the legal system.

Purpose and Objectives

Legal Aid Botswana’s core objectives are to:

Provide legal advice and representation to individuals who cannot afford it.

Promote public awareness of legal rights and responsibilities through education programs.

Ensure fair access to justice across all parts of the country.

Structure and Governance

The organization is governed by a Board of Directors appointed in line with the Legal Aid Act.

The board includes legal practitioners, a representative from the Ntlo ya Dikgosi (House of Chiefs), a member with NGO experience, and other independent professionals with skills in areas such as management, IT, and accounting.

The Attorney General and the Chief Executive Officer serve as ex officio members.

The Chief Executive Officer oversees daily operations and implementation of the board’s policies.

Services Provided

Legal Aid Botswana provides legal services primarily in civil matters and some limited criminal matters.

Civil Matters

These include:

Family law: divorce, custody, maintenance, domestic violence, wills and estates.

Land disputes: allocation, eviction, trespass, and boundary issues.

Labour law: unfair dismissal, unpaid wages, and employment contract disputes.

Contractual issues: breaches of contracts and consumer claims.

Damage claims: compensation for injury or property damage.

Inheritance matters: will drafting and estate administration.

Criminal Matters

LAB handles certain criminal appeals and provides representation for juvenile offenders (under 18). However, most adult criminal cases are outside its current mandate.

Excluded Areas

Legal Aid Botswana does not handle:

Small Claims Court cases.

Customary Court representation.

Defamation, seduction, breach of promise to marry, or adultery cases.

Preliminary labour mediations.

Eligibility for Legal Aid

To qualify for assistance, applicants must pass both a means test and a merit test.

The means test determines whether a person is financially unable to afford private legal services. Income sources such as wages, allowances, and grants are considered.

The merit test evaluates whether the case has a reasonable prospect of success before aid is granted.

In some cases, applicants may be asked to make a small financial contribution if they have the means to do so or if they recover money through a successful case.

Office Locations

Legal Aid Botswana has offices across the country, including:

Gaborone (Head Office) – Central Business District.

Francistown – MVA Fund Building.

Kasane – Waterfront Mall.

Tsabong

Palapye – Sub-Landboard offices.

Maun

Appointments can also be made through the Legal Aid Botswana website.

Legal Framework

LAB operates under the Legal Aid Act of 2013, which defines its mandate, powers, and governance structure. The Act authorizes the institution to determine eligibility criteria, set conditions for legal aid, and conduct public legal education to enhance legal awareness among citizens.

Key Challenges

Limited Criminal Coverage – The focus on civil matters means many adult criminal defendants do not receive aid.

Resource Constraints – Funding and staffing shortages limit service reach, especially in rural areas.

Public Awareness – Many citizens remain unaware of their legal rights or the availability of free legal services.

Means Test Barriers – Proving indigence can be difficult for applicants with informal or inconsistent income.

Coordination with Other Legal Aid Providers – Collaboration with institutions like the University of Botswana Law Clinic and private pro bono programs could be improved.