Legal Aid Botswana (LAB) has made a major stride in tackling its civil case backlog, nearly doubling its success rate in registering longstanding legal matters. This progress reflects the agency’s firm commitment to the principle that justice delayed is justice denied.
The revelation comes from LAB’s recently published annual report for 2024/25, which shows the agency overcame operational challenges, including staff attrition, to raise its overall legal representation success rate to an impressive 87.02 percent during the financial year.
By streamlining internal workflows and expanding a highly effective mediation program, boasting a 98.5 percent settlement rate, LAB has not only reduced the backlog but also secured funding to launch comprehensive criminal legal aid services nationwide in the coming year.
Established on January 1, 2015, under the Legal Aid Act CAP 16:02, LAB operates as a statutory corporate body affiliated with the Ministry of Justice. It provides free legal services through its in-house lawyers as well as outsourced private attorneys.
According to the report, 3,810 people applied for legal aid in 2024/25, with 3,245 granted assistance. “Our rate of registration of matters at court within six months was 84.3 percent, and our legal advice provision stood at 556 out of 600, representing 92.3 percent. In terms of performance, I am pleased to report that we have achieved an overall performance of 79 percent against our Annual Performance Plan,” said LAB Chairperson Advocate Setso Mokoti in the report’s foreword.
At the close of the year, 2,050 civil cases and 78 criminal cases remained pending. These will carry over into the 2025/26 financial year, joining new cases to form the workload for LAB centers. The report notes a slight improvement in civil cases brought forward, down from 2,091 the previous year, while criminal cases increased from 61 to 78.
Longer turnaround times in criminal cases appear linked to the availability of other justice system actors necessary to move cases forward.
Legal representation and advice performance improved significantly, rising to 87.02 percent from 76.9 percent in 2023/24, against a target of 100 percent. LAB received 377 referrals, exceeding its target of 360 and marking a 27.8 percent increase over the previous year.
“Compliance with service standards stands at 86.8 percent against a target of 90 percent, slightly down from 87.2 percent last year, due to high attrition experienced in the second and third quarters of 2024/25. Attrition delayed case processing as recruitment efforts were underway,” the report explains.
The rate of registration of matters within six months of file opening rose sharply to 84.3 percent in 2024/25, from 66.4 percent the year before. Compliance for cases older than six months also improved to 62 percent as of March 31, 2025, compared to 42.8 percent in the previous period. “This means that all efforts were made to ensure that client matters were registered before the courts on time because justice delayed is justice denied,” the report states.
The resolution rate for complaints dropped to 78.7 percent from 91.3 percent in 2023/24, with 45 formal complaints mostly related to litigation delays caused by staff shortages and high caseloads.
Legal advice provision remained strong, achieving 92.6 percent (556 out of 600), demonstrating sustained effectiveness. “Although legal advice has always been provided as one of LAB’s core services within its tripartite mandate, in previous periods this service was not tracked and was only tracked from 2024/25. This performance rate is very encouraging,” the report notes.
LAB data shows 136 cases were mediated, reaching 75.5 percent of the target but down from 87 percent in 2023/24 due to delays linked to staff attrition. Cases are assessed for mediation referral by assigned attorneys, and high attrition disrupts this process. Of the mediated cases, 134 (98.5 percent) were successfully settled, with 88.2 percent resolved within the target 30 days.
The report highlights that criminal legal aid services for children in conflict with the law began in the third quarter of 2023/24 as a pilot project in Gaborone. The pilot ran throughout 2024/25 to enable planning and budgeting for a full rollout in 2025/26.
LAB worked closely with key criminal justice stakeholders, including the Botswana Police Service, Botswana Prison Service, Department of Social Development, Directorate of Public Prosecutions, and the Judiciary. Memoranda of Understanding signed with these partners enhanced client detection and referral.
The pilot project is now complete and set for nationwide rollout next year, backed by government funding. By the end of 2024/25, 68 of 120 cases (56.7 percent) were registered, up from 51 percent at the project’s start. Uptake was strongest in the Northwest region of Maun, the Central region of Palapye, and the Ghanzi region.
In 2025/26, criminal legal aid units will be established in all Legal Aid Botswana centers as part of the expanded rollout.