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Subrat SaurabhAuthor of Kuch Woh PalHon. Professor Justice Dingake is a judge of the Supreme and National Courts of Papua New Guinea. He is also a judge of the Residual Special Court of Sierra Leone (RSCSL) appointed by the Secretary General of the United Nations in 2013. Judge Dingake is a former judge of the High Court of Botswana. He holds an LLM Degree from the University of London and a Ph.D. from the University of Cape Town. He is a Professor of Law at the University of Cape Town and James Cook University in Australia. He is the current President of the Africa Judges Forum on HIV/TB, Human Rights, and the Law, convened by Read More...
Hon. Professor Justice Dingake is a judge of the Supreme and National Courts of Papua New Guinea. He is also a judge of the Residual Special Court of Sierra Leone (RSCSL) appointed by the Secretary General of the United Nations in 2013.
Judge Dingake is a former judge of the High Court of Botswana. He holds an LLM Degree from the University of London and a Ph.D. from the University of Cape Town. He is a Professor of Law at the University of Cape Town and James Cook University in Australia. He is the current President of the Africa Judges Forum on HIV/TB, Human Rights, and the Law, convened by the United Nations Development Programme (UNDP). He is also the Co-Chairman of the African Think Tank on HIV, Health, and Social Justice.
Read Less...Achievements
This bench book is intended as a quick reference book for Magistrates in Botswana. It discusses general principles of law relevant to the work of Magistrates in Botswana. It covers wide ranging topics relevant to the work of Magistrates such as: judicial independence, impartiality, jurisdiction, judicial case management, the legal system, conduct of court matters, key concepts of the law of evidence, fact finding and court hearings.The book is rich with cr
This bench book is intended as a quick reference book for Magistrates in Botswana. It discusses general principles of law relevant to the work of Magistrates in Botswana. It covers wide ranging topics relevant to the work of Magistrates such as: judicial independence, impartiality, jurisdiction, judicial case management, the legal system, conduct of court matters, key concepts of the law of evidence, fact finding and court hearings.The book is rich with critical advice to Magistrates. In particular it emphasizes that a Magistrate shall uphold the integrity and independence of the Judiciary, avoid impropriety and the appearance of impropriety in all of the activities of the Magistrate's activities. Although the book is primarily intended as a critical resource for Magistrates in Botswana, all judicial officers and lawyers in Botswana and other Commonwealth countries may find it useful. The book is set to have a profound impact on how Magistrates apply their judicial skills in the resolution of disputes. In addition to the above, it will be indispensable for training purposes.
This book discusses the law related to unfair dismissal in Botswana. It makes it clear that an employer is not free to dismiss an employee whenever they feel like doing it. The law requires that an employee may only be dismissed for a valid reason, and even then a fair procedure must be followed. It follows from the above that a dismissal would be unfair if there is no valid reason or fair procedure or both. The principle of ‘fairness’ is unique to labour
This book discusses the law related to unfair dismissal in Botswana. It makes it clear that an employer is not free to dismiss an employee whenever they feel like doing it. The law requires that an employee may only be dismissed for a valid reason, and even then a fair procedure must be followed. It follows from the above that a dismissal would be unfair if there is no valid reason or fair procedure or both. The principle of ‘fairness’ is unique to labour law and does not necessarily apply to other areas of the law such as the law of contract. Misconduct is the most common reason for dismissal, but there are also other grounds such as poor performance at work, redundancy, incompatibility and incapacity, which attract their own requirements. This book, by a former leading judge of the Industrial Court of Botswana, is easily the most authoritative on the subject to date in the context of Botswana. It is a useful practical guide to employees, employers, trade unions, employers organizations, HR practitioners and law students.
Towards a People’s Constitution for Botswana proposes a transformative constitution for Botswana; a constitution that will have in its new bill of rights not only civil and political rights but socio-economic and cultural rights too. A constitution that will enhance the independence of Parliament and the Judiciary amongst other pillars of democracy.
In this book, Judge Dingake acknowledges that although Botswana’s first constitution has serv
Towards a People’s Constitution for Botswana proposes a transformative constitution for Botswana; a constitution that will have in its new bill of rights not only civil and political rights but socio-economic and cultural rights too. A constitution that will enhance the independence of Parliament and the Judiciary amongst other pillars of democracy.
In this book, Judge Dingake acknowledges that although Botswana’s first constitution has served the country well, the time has now arisen for a new constitution that is consistent with the aspirations of the people to live under vibrant, participatory and accountable government of the people by the people.
The book sets out in clear terms the constitution-making process that must be followed and the principles that must be enshrined in the new constitution.
As a comparison, the book reflects on the constitution-making processes of some countries in Africa, such as South Africa, Namibia, Malawi, Tanzania, Kenya, Zambia, and Zimbabwe.
This book discusses the intersection of philosophy, politics and law and how judges’ ideological outlook may influence the decision of the court. The author teases out the underlying influences that drive judges to decide matters in a particular way, especially in highly-contentious legal questions that have far-reaching national consequences, such as in cases of abortion, euthanasia and same-sex marriage. The book interrogates, in the most thought-provo
This book discusses the intersection of philosophy, politics and law and how judges’ ideological outlook may influence the decision of the court. The author teases out the underlying influences that drive judges to decide matters in a particular way, especially in highly-contentious legal questions that have far-reaching national consequences, such as in cases of abortion, euthanasia and same-sex marriage. The book interrogates, in the most thought-provoking manner, the question of whether a judge’s background, values and education matter at all in the adjudicatory process. Whilst the author concedes the point that a judge must respect the chains that bind him as a judge, he also makes the equally-fascinating argument that every judge processes the controversies serving before him with his own mind and not the mind of any other person. Every judge is a product of his own circumstances and time. He may grow up with certain prejudices and stereotypes that do not magically disappear soon after taking the oath of office. As is often said, no judge ascends to the bench as an ideological virgin.
As Justice Aharon Barak of the Supreme Court of Israel once observed, “A person who is appointed as a judge is neither required nor able to change his skin.”
The author also discusses with breathtaking clarity the role of a judge as a lawmaker Essentially, the book discusses the tensions and anxiety around the judicialization of politics and the politicization of the law.
This book primarily covers legal professional ethics and court etiquette relevant to the duty of a lawyer in the major legal systems of the world. It emphasizes the point that lawyers must not only practice their craft with absolute integrity but should also be well behaved and civil to each other, the courts and other court users.
Lawyers are first and foremost officers of the court; it is their duty to assist the court come to a proper and just determ
This book primarily covers legal professional ethics and court etiquette relevant to the duty of a lawyer in the major legal systems of the world. It emphasizes the point that lawyers must not only practice their craft with absolute integrity but should also be well behaved and civil to each other, the courts and other court users.
Lawyers are first and foremost officers of the court; it is their duty to assist the court come to a proper and just determination of the issues in dispute, serving before the court. A lawyer’s duty to the court includes candour, honesty, and fairness. Lawyers, especially in an adversarial system, are required to act professionally with scrupulous fairness and integrity and to aid the court in promoting the cause of justice.
There is an obligation on a lawyer not to take on a case in circumstances where the lawyer is plainly unqualified for the complexity of the task or has an inadequate knowledge of the area of law concerned. It is the duty of every lawyer to assist the judge by simplification and concentration and not to advance a multitude of ingenious arguments in the hope that one of the many arguments will win the day.
Litigants and their lawyers are not entitled to the uncontrolled use of a trial judge’s time. Litigants are only entitled to so much of the trial judge’s time as is necessary for the proper determination of the relevant issues. Without this assistance from lawyers, the courts are unlikely to succeed in their endeavour to administer justice in a timely and efficient manner.
This book discusses the work of judges, highlighting judicial values that are essential for earning and retaining public confidence in the judiciary. These values include independence, impartiality, integrity, propriety, equality, competence and diligence. These core values, commonly referred to as ‘Bangalore Principles of Judicial Conduct’ were agreed upon by the Judicial Integrity Group in Bangalore, India, in February 2001. In 2003, the United N
This book discusses the work of judges, highlighting judicial values that are essential for earning and retaining public confidence in the judiciary. These values include independence, impartiality, integrity, propriety, equality, competence and diligence. These core values, commonly referred to as ‘Bangalore Principles of Judicial Conduct’ were agreed upon by the Judicial Integrity Group in Bangalore, India, in February 2001. In 2003, the United Nations Human Rights Commission (UNHRC) endorsed the above principles, considered amongst common and civil law jurisdictions as the authoritative statement on the values that should inform judicial conduct.
Judges must be independent and impartial. Independence means a judge should not take any instructions from anyone or be influenced in any way in determining any matter by anyone. Impartiality means that a judge should treat the parties before him equally, providing them with equal opportunity to say their side of the story. He should have no personal interest in the outcome of the case.
Every judge is a product of his time. It is through this prism that his objectivity must be assessed and critiqued. The purpose of objectivity is to be dispassionate. This objectivity is not always easy, but it is attainable.
Similarly, the primary function of a judge is to dispense justice. It has always been a revered principle of liberty and freedom that judges are no respecters of persons but the Law, ever vigilant to ensure that any governmental action is justified. Today’s judge is required to give effect to the values of a pluralistic society that cherishes democracy, human rights, tolerance and diversity. This book exemplifies these values.
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