New customary court charges have triggered opposition criticism and questions about whether financially struggling Batswana can afford to pursue civil disputes
BONGANI MALUNGA
The Botswana government’s decision to introduce a P50 fee for registering civil cases at customary courts has sparked online backlash and drawn sharp opposition criticism, raising concerns over the affordability of justice for ordinary Batswana.
The controversial charges, which extend to civil disputes registered at the kgotla, have attracted criticism at a time when many households are grappling with economic hardship.
Adding his voice to the criticism, Nkange Member of Parliament Motlhaleemang Moalosi has accused the Umbrella for Democratic Change (UDC) government of turning basic public services into revenue-generating mechanisms at the expense of financially distressed citizens.
“At a time when Batswana are facing severe economic hardship and struggling to keep food on the table, it is deeply disappointing to see the UDC government turning basic public services into a revenue stream,” Moalosi told The Botswana Gazette.
Access to Justice
At the centre of the controversy is the departure from a longstanding arrangement under which citizens could formally register civil disputes before dikgosi without paying a registration fee. The government’s own online public service guide previously described the handling of civil and criminal cases at tribal courts as a free service.
However, under the newly announced charges, citizens seeking to register civil disputes at their local kgotla will now be required to pay P50. The Ministry of Local Government and Traditional Affairs announced the charges on Monday, citing Statutory Instrument No. 119 of 2026, published in the Government Gazette on 21 August 2026.
The development raises questions about access to justice, particularly for low-income households and rural communities that have traditionally relied on customary courts to resolve disputes affordably. Moalosi argued that the new charges reflected a worrying shift in government priorities.
“Introducing new and inflated user fees, especially for customary court services that have historically been accessible to the ordinary citizen, shows a worrying pattern of putting state revenue collection ahead of the immediate well-being of the people,” he stated.
Additional Charges
Beyond the P50 civil case registration fee, government has introduced a P500 charge for urgent civil appeals, P100 for service of civil court documents by a court messenger, P20 for auction sale registration and P1 per page for photocopying court records.
A complainant registering a civil case and requiring summons to be served by a court messenger could therefore incur P150 in charges.
Government’s Defence
Despite the criticism, the ministry maintains that the new fees are intended to improve the administration of customary courts.
“The introduction of the fees is intended to support the efficient administration of Customary Courts while ensuring that members of the public continue to receive quality and accountable services,” the ministry stated.
However, its announcement did not clarify whether unemployed or financially disadvantaged citizens would qualify for exemptions or fee waivers. The ministry has encouraged dikgosi and other traditional leaders to communicate the changes during kgotla meetings, while advising citizens to demand official receipts for all payments.
The P50 fee applies specifically to formal civil case registration and not ordinary attendance at kgotla meetings. Meanwhile, Moalosi has called on the government to reconsider the financial pressure placed on households.
“It is high time this administration stops shifting its fiscal burdens onto struggling households and starts putting Batswana first,” he said.
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