Living together in Botswana

Botswana has no single nationwide body responsible for all questions about living together. Depending on the place, Kgotla meetings, village or neighbourhood leadership, Dikgosi, customary courts (Customary Courts), District, Town or City Councils, the national police service (Botswana Police Service), the public-administration ombudsman (Ombudsman) and state courts may all be involved. Statutory rights and judicial remedies take precedence; the jurisdiction and legal remedies of customary courts depend on the subject and the procedure involved. The Constitution protects, among other things, equality, freedom of expression, peaceful assembly, freedom of association, freedom of movement, privacy and property. Laws may limit these rights to protect public order, safety, health, morality or the rights of others. Municipal by-laws and permits regulate matters including noise, waste, hygiene, animals, obstruction of pathways, trade, events and the use of parks or other open spaces. The specific rule depends on the responsible council and should be checked locally. In an everyday dispute, a conversation through older members of the community, the Kgotla or a traditional leader may help at first. Depending on the problem, a council, a Customary Court or a state civil court may then be appropriate. In cases of immediate danger, violence or a crime, contact the Botswana Police Service on 999. The Ombudsman handles complaints about maladministration in the public service but does not replace the police or a court. In a conflict, keep records of dates, messages, witness names and evidence of damage, and avoid threats or retaliation. Participation often takes place through Kgotla meetings, local development committees (Village Development Committees) and council consultations. Selection for a Village Development Committee takes place through the Kgotla; eligible citizens are intended to be at least 18 years old and to have lived in the community for at least two years. The term of office is three years. Access, invitations, announcements and implementation of results nevertheless vary by place and subject. Civic initiatives and civil-society groups can supplement participation but do not replace state responsibility. Regarding protection from discrimination, the Constitution mentions, among other grounds, race, origin, political opinions, colour, creed and sex. In practice, access to assistance and participation may differ for women, minorities, migrants, LGBTQ+ people, people with disabilities and residents of remote or poorly connected areas. Depending on the circumstances, the Ombudsman, police, courts or civil-society advice centres may be relevant. Digital life is governed by the 2024 data-protection law (Data Protection Act 2024) and overseen by the information and data protection regulator (Information and Data Protection Commission). Details of implementation should be checked against the current Gazette and the Commission's publications. The Botswana Communications Regulatory Authority (BOCRA), commonly known as BOCRA, oversees telecommunications, internet, broadcasting and postal services. For a complaint about a provider, contact the provider first and then BOCRA. In cases of threats, extortion, stalking or the non-consensual publication of intimate images, also inform the police and the platform, and preserve URLs, screenshots and technical header data. The electronic-records evidence law (Electronic Records (Evidence) Act 2014) supports the use of electronic records as evidence. There is no separate nationwide co-living system for shared housing. The relevant rules are the rental or occupancy agreement, civil-law duties, safety and privacy rules, and provisions against harassment and disturbances. Arrangements concerning rent, additional costs, guests, quiet hours, deposits, repairs, access, termination and the forum for disputes should be recorded in writing. According to the available research, there is no general national neighbourhood association or universal advice service for living together. Kgotla meetings, councils, Dikgosi, the police, courts, the Ombudsman, BOCRA and the data-protection regulator each perform limited functions. Direct access is often free or low-cost, but travel, time, documents, legal advice and court proceedings may create costs; deadlines and processing times depend on the forum and the individual case.