Botswana is turning to Uganda for inspiration and guidance in establishing its own commercial court as part of efforts to modernise and streamline the adjudication of business and business-related disputes
GAZETTE REPORTER
Justice Keborapele Moesi of the High Court recently led a four-member delegation of Botswana’s judiciary on a visit to Uganda’s Deputy Chief Justice Flavia Zeija at the Court of Appeal in Kampala.
The delegation was on a benchmarking mission aimed at learning from Uganda’s experience in setting up and managing a specialised commercial division within its judicial system.
The delegation included Justices Godfrey N. Nthomiwa and Dr. Ookeditse Maphakwane of the High Court of Botswana, and Kebuang Tshana Tselapedi, Registrar of the Court of Appeal of Botswana.
Institutional structure
Established in 1996, Uganda’s Commercial Court is widely regarded for its effectiveness in handling complex commercial cases and enhancing investor confidence.
According to Uganda’s judiciary website, the purpose of the visit was to benchmark Uganda’s experience with the Commercial Division of the High Court, particularly focusing on its institutional structure, jurisdiction, case management (rules and processes), and the use of mediation in the resolution of commercial disputes.
Botswana’s judiciary is in the process of establishing its own Commercial Court and this benchmarking mission is intended to inform the development of a framework that aligns with international standards and best practices.
Mediation
According to Uganda’s Deputy Chief Justice, each court division manages its own registry and that matters are allocated to the different divisions based on case type. He pointed out to his guests that High Court Circuits handle all types of matters (family, commercial, criminal) due to accessibility issues.
Specialised tribunals
He also discussed the importance of establishing a Mediation registry and gave insights into the remuneration structures for mediators in the judiciary of Uganda.
On appellate functions, the Deputy Chief Justice of Uganda noted that the Commercial Court also hears appeals from specialised tribunals, such as the Procurement Tribunal, and that such functions are provided for in the Practice Direction.
Operational rules
The head of the Botswana delegation, Justice Moesi, was quoted as saying Uganda was selected for the benchmarking visit due to its well-established and efficient Commercial Court system.
He noted that his delegation sought to understand the practical workings of Uganda’s Commercial Court, including the structure of registries, flow of cases, and operational rules, to see how best they can guide Botswana in fashioning their rules.
Meanwhile, in his maiden budget speech in February this year, the Vice President and Finance Minister, Ndaba Gaolatlhe, said the government had completed a feasibility study on establishing of a commercial dispute resolution framework.
Turnaround time
“Botswana currently has no court specially dedicated to resolving commercial disputes, and it takes an average of 660 days to resolve a commercial case,” he stated.
“We will establish commercial courts to reduce the turnaround time to resolve commercial cases in the 2025/2026 financial year. Feasibility studies are in place to inform the Administration’s review of the Arbitration Act of 1959 during the 2025/2026 financial year to address the challenges identified.”