Pro Bono Practice and Opportunities in Botswana

In Botswana, the provision of legal services is primarily regulated by the Legal Practitioners Act, which governs the admission and practice of lawyers in the country. To practise law in Botswana, individuals must be admitted as legal practitioners by the High Court of Botswana.

This requires obtaining a law degree from a recognised institution, completing a period of pupillage (practical training under the supervision of an experienced lawyer), and passing the necessary examinations.

Lawyers working as in-house counsel for corporations or organisations are generally subject to the same admission requirements as those in private practice. However, they do not need a practicing certificate if they are not offering legal services to the public.

There are no express regulations governing the provision of pro bono legal services in Botswana.

There is no statutory minimum legal fee schedule imposed on legal practitioners in Botswana. Where Legal Aid Botswana succeeds in helping a client to recover or claim a financial benefit, a small percentage of such a claim is required to be paid to Legal Aid Botswana. The money would be payable upon actual recovery.^[1]

In Botswana, lawyers do not need a separate licence to provide pro bono legal services beyond the usual qualifications required to practise law.

In Botswana, foreign-qualified lawyers do not need a separate licence to provide pro bono legal services beyond the usual qualifications required and admission to practice law.

There is no requirement in the Legal Practitioners Act for lawyers in private practice to undertake a minimum number of pro bono hours

In order to get a practicing certificate, a legal practitioner must undertake to do pro bono work but a minimum number of hours is not prescribed.^[2]

There are no aspirational pro bono hour targets for lawyers set by the Law Society of Botswana.

Lawyers in Botswana do not receive any CLE or equivalent credit for pro bono hours worked.

Under the Legal Practitioners Act, every legal practitioner, other than a legal practitioner employed in a private entity or the persons specified in Schedule 2 thereto, is required to procure and maintain a professional indemnity insurance to the extent and value, as may be prescribed. Persons specified in Schedule 2 include legal practitioners employed by the Government, a statutory corporation, or Legal Aid Botswana. ^[3]

The requirement differs for in-house lawyers, as they are employed in a private entity. The lawyers cannot meet the requirement by working under the cover of another pro bono provider.

There is no explicit requirement for lawyers to obtain professional indemnity insurance specifically for pro bono legal services.

There are no rules in Botswana that limit or prohibit advertising of pro bono successes or soliciting new pro bono clients.

In addition, the High Court had issued a landmark decision on the Legal Practitioners Act that prohibited lawyers from advertising and held that such a provision contravened Botswana’s Constitution, which guarantees freedom of expression.^[4]

The main areas of law that require or present opportunities for pro bono are:

• Family law, including custody, adoption of children, maintenance, access, gender-based and domestic violence, and divorce;
• Land issues, including allocation, eviction, encroachments, and trespass;
• Labour law, including work contracts, benefits, dismissal, and unfair practices;
• Damages, including patrimonial loss and non-patrimonial damages;
• Contractual claims;
• Criminal law; and
• Inheritance law, including wills and the administration of estates.

In Botswana, the provision of pro bono legal services is primarily driven by a combination of individual lawyers, law firms, non-governmental organisations (NGOs), and legal aid initiatives. Here are the main providers:

• Individual Lawyers: Many lawyers in Botswana voluntarily offer pro bono services as part of their professional and ethical commitment to access to justice. They may take on cases for individuals who cannot afford legal representation, often focusing on areas like family law, criminal defence, and human rights.
• Law Firms: Some law firms in Botswana have established pro bono programmes or policies that encourage their lawyers to dedicate a portion of their time to pro bono work. These firms may partner with NGOs or community organisations to identify and address legal needs.
• NGOs: Various NGOs in Botswana focus on legal aid and human rights advocacy. These organisations often work with volunteer lawyers to provide legal assistance to marginalised and vulnerable populations. They may also engage in public interest litigation and policy advocacy.
• Legal Aid Botswana: While not strictly pro bono, Legal Aid Botswana is a government initiative that provides legal assistance to indigent individuals, particularly in criminal cases. This service complements the pro bono efforts of private practitioners and organisations.
• University Law Clinics: Some universities in Botswana may have law clinics where law students, under the supervision of qualified lawyers, provide legal assistance to the community. These clinics offer practical training for students while contributing to pro bono efforts. For example, members of the Law Society of Botswana were requested to volunteer their time and expertise to assist law students in completing their coursework at the University of Botswana Legal Clinic.^[5]

In Botswana, technology is beginning to play an important role in enhancing access to pro bono legal services. Digital platforms, such as those created by Legal Aid Botswana and other NGOs, help connect individuals in need of legal assistance with pro bono lawyers. These platforms streamline the process of requesting legal help, enabling individuals in remote or underserved areas to more easily access legal resources. Some law firms have also embraced online consultations and advice through secure email or video calls, further expanding access to legal support.

Additionally, AI is being explored for tasks like document review and legal research in pro bono cases, helping reduce costs and improve efficiency. This technology can assist lawyers in handling large volumes of information in cases such as class actions or civil rights matters. As technology continues to evolve, it is likely to play an increasingly significant role in enabling pro bono legal work and improving access to justice in Botswana, particularly for marginalised communities.

In Botswana, several sources contribute to the availability of pro bono matters and resources, helping to connect those in need of legal assistance with lawyers willing to provide services without charge. Notable sources include:

• Law Society of Botswana: As the regulatory body for the legal profession, the Law Society of Botswana plays a role in promoting pro bono work among its members. It may facilitate connections between lawyers and individuals or organisations in need of legal assistance.
• NGOs: Various NGOs in Botswana focus on legal aid, human rights, and social justice issues. These organisations often identify cases that require pro bono legal support and collaborate with volunteer lawyers to provide assistance. Examples include organisations working on women’s rights, children’s rights, and environmental issues. For instance, various law firms had joined the movement to fight against gender-based violence by offering their services to victims on a pro bono basis.^[6]
• Community-Based Organizations: Local community organisations may serve as a source of pro bono matters by identifying legal needs within their communities and seeking assistance from lawyers willing to provide pro bono services.
• Legal Aid Botswana: While primarily a government-funded initiative providing legal aid to indigent individuals, Legal Aid Botswana can also be a source of referrals for pro bono lawyers, particularly in cases where additional support is needed.
• University Law Clinics: Some universities in Botswana may operate law clinics that provide legal assistance to the community. These clinics can be a source of pro bono matters, offering practical experience for law students under the supervision of qualified lawyers.
• Public Interest Litigation: Cases that involve significant public interest issues, such as constitutional rights or environmental protection, may attract pro bono support from lawyers and law firms interested in contributing to broader societal change.
• Referrals from the Judiciary: In some instances, the judiciary may refer cases to pro bono lawyers, particularly when individuals appear in court without legal representation and are unable to afford a lawyer.

A local or foreign lawyer admitted in Botswana can register for pro bono work with the Law Society of Botswana.^[7]

There are currently no awards, lists, or rankings related to pro bono work in Botswana.