Botswana’s Attorney General, Dick Bayford has called for a shift in government legal practice from reactive litigation to proactive and preventative governance, warning that the current burden of state litigation is becoming increasingly unsustainable.
Speaking at a two-day workshop on the Public Service Act No. 5 of 2026 and its conditions of service held in Gaborone, Bayford urged public institutions to prioritise early legal intervention to prevent disputes before they escalate into costly court battles.
Bayford said the traditional model of addressing governance failures only after legal disputes arise places enormous pressure on government resources and weakens effective service delivery.
“The best government lawyer is not necessarily the one who wins the most cases, but the one who prevents disputes from arising in the first place,” he said.
The Attorney General revealed that his chambers recorded 5,221 cases across its three stations in 2023 alone. With only 37 attorneys handling the workload, the average caseload stood at approximately 141 matters per officer.
Bayford warned that excessive dependence on litigation comes with significant costs, including expensive legal fees, reputational damage, project delays, operational disruptions, and the diversion of limited public funds.
He argued that introducing legal expertise at the earliest stages of governance processes could significantly reduce the number of disputes reaching the courts.
“To avoid even one High Court matter through timely legal intervention could save the State millions in settlements and project delays,” he noted.
Bayford further stressed the importance of involving legal professionals during policy development, procurement decisions, contract drafting, and disciplinary proceedings before vulnerabilities evolve into legal crises.
He also pointed to recurring weaknesses within the public service that continue to trigger litigation, including outdated policies, inconsistent enforcement, poor documentation, and inadequate record-keeping.
According to Bayford, proper documentation should not be treated merely as an administrative exercise, but as a critical legal safeguard that protects institutions against avoidable disputes.
As part of efforts to operationalise preventative lawyering, the Attorney General’s Chambers has already begun implementing structural reforms across government departments. These include seconding legal officers to ministries and assigning dedicated desk officers to departments with high litigation volumes to identify and resolve legal risks early.
Bayford described strong legal governance as not only a legal necessity, but also a governance, fiscal, and developmental imperative.
The workshop was officially closed by the Minister of Justice and Correctional Services, who commended the judiciary for its professionalism and willingness to embrace institutional reforms.
Ramaotwana also acknowledged the contributions of the Attorney General’s Chambers, the Ministry of Labour, Trade Unions, and the DPSM in advancing ongoing legislative reforms within the public service sector.
He concluded by urging all public stakeholders to maintain cooperation and shared responsibility in ensuring that Botswana’s legal system continues to serve citizens fairly, transparently, and with integrity.
