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New Commercial Court to Fast-Track Business Disputes, Boost Investor Confidence

Staff Writer

The Chief Justice Gaolapelwe Ketlogetswe has unveiled Botswana’s new commercial court, describing it as a positive step towards enhancing investor confidence and accelerating the resolution of business disputes.

Speaking at the launch of the commercial court in Gaborone on Monday morning, Ketlogetswe said the court is expected to significantly reduce the time it takes to resolve commercial cases, with a target of concluding matters in less than a year. This development is poised to address longstanding delays that have often burdened businesses operating in Botswana.

The commercial court will be staffed by experienced judges drawn from both the Industrial Court and the High Court divisions in Gaborone and Lobatse. Its structure is designed to ensure specialised handling of complex commercial matters, supported by streamlined procedures and accelerated timelines.

Ketlogetswe emphasised that the court will also promote alternative dispute resolution, particularly mediation, as a way to reduce the number of cases proceeding to full trial. This approach is expected to lower litigation costs while improving efficiency within the judiciary.
“An ideal commercial court must be supported by appropriate facilities, modern equipment, and robust IT systems, alongside strong stakeholder engagement and continuous development of skilled personnel,” he said.

The launch comes amid a backlog of approximately 5,000 commercial cases currently before the High Court divisions in Gaborone and Lobatse. To tackle this, twelve judges have already been assigned to focus specifically on commercial matters.

The court’s scope will include disputes related to stock market operations, insurance, and company liquidation, among others, key areas that directly impact the business climate.

Ketlogetswe noted that the ultimate goal is to create an efficient and responsive judicial system that not only resolves disputes swiftly but also strengthens trust in Botswana’s legal framework. This, he said, will play a critical role in attracting investment and fostering economic growth.

With the establishment of the commercial court, Botswana is demonstrating a firm commitment to building a business-friendly environment anchored in timely justice and institutional efficiency.

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