|Overview : |
The Government of Botswana and UNDP are partnering to implement the “Support to the Fulfillment of Human Rights, Access to Justice and Empowerment of Youth and Women Project” (2018 – 2021) (the Project). The objective of the Project is to provide advisory and technical support to the Government to strengthen and enhance its capacity to respect, protect and fulfil human rights, enhance the accessibility of the justice system (including the legal framework and customary courts) and empower youth and women. The Project is guided by the Government’s national development priorities and goals as articulated in Vision 2036, NDP 11 and the Global Sustainable Development Goals (‘SDGs’); United Nations Sustainable Development Framework (UNSDF) and the UNDP Country Programme Document (CPD) (2017-2021).In its National Development Plan 11 (2017 – 2023), the Government of Botswana identified the following strategic priorities in relation to the customary courts system: need to manage cases from customary courts and to computerise all cases that have been tried in customary courts; a review of the Bogosi Act of 2008 to clearly define powers vested to the Minister for effective implementation of the Act;• capacity building for Bogosi, taking into account the new the new developments on legal matters. Under the auspices of the Project, the Ministry of Local Government and Rural Development (Department of Tribal Administration) (“the Department”) submitted a request to UNDP for an institutional assessment of the Department of Tribal Administration to guide the customary court system structures to support increased access to justice. The Functional Structure of the Department is comprised of the following:(i) Dikgosi who are entrusted primarily with building resilient communities and preserving culture and the dispensation of justice in customary courts.(ii) The Customary Court of Appeal which hears matters on appeal from the lower customary courts. (iii) The Support Services Unit which provides administrative support. The Support Services Unit comprises the Projects Unit (which spearheads project implementation in the Department and oversights issues of maintenance) and the Inspectorate Unit (which facilitates internal audit, reconciliation of books of accounts, criminal and civil cases).The Department of Tribal Administration is currently developing its Strategic Plan (2018 – 2023) and the assessment is required to enable the Department to identify steps to be taken to ensure the Strategic Plan can be delivered. To that effect, the Ministry with the support of UNDP seeks to engage consultancy firm to conduct a comprehensive institutional capacity assessment. For the purpose of this capacity assessment, the Ministry (MLGRD) will be understood to mean all the departments listed above.