GUC law Degree in limbo
Gaborone University College of Law (GUC) in collaboration with Leeds Beckett University are offering a Bachelor of Law Degree course in Botswana and the degree certificate is fully awarded by Leeds Beckett University.
The Director of Academics at GUC Dr. Upenya Chiparo indicates that the course has been accredited by the Botswana Qualifications Authority in 2020. Dr Chiparo noted that the first cohort of students was enrolled in 2020 and to date they have 88 students enrolled.
GUC is confident that their partnership with Leeds University falls under what the Legal Practitioners Act criterion of eligibility requires when it comes to degree holders being allowed to practise law in Botswana.
Dr. Chiparo noted that; Sections 3 & 4 of the Legal Practitioners Act 1996 under the 'qualification and admission' to practice, section 4 .1 (b) ii specifies that ‘a bachelor’s degree in law from any of the universities specified in the Second Schedule or such other prescribed university together with such additional qualifications, if any, as may be prescribed’.
The Second Schedule in the Legal Practitioners Act carries a list of universities and countries in which institutions from those respective countries are permitted to practise law in Botswana as Attorneys.
Furthermore, Dr. Chiparo notes that under the Second Schedule one of the Universities provided on page B.132 of the Legal Practitioners Act are Universities in the United Kingdom of Great Britain and Northern Ireland. Leeds Beckett University is a university in the United Kingdom.
This sentiment is also carried by the Leeds Beckett University Dean of Law School Professor Deveral Capps who explained that since they are offering learners a United Kingdom certificate, the graduate from the Bachelor of Law course can practise in Botswana based on the second schedule of the Legal Practitioners Act.
However spokesperson of the Attorney General Chambers Legomela Molodi indicated that admission of any graduate of law to practise law in Botswana is not earned by the accreditation of the course or program. Molodi says admission as a Legal Practitioner is a matter regulated by law in this case the Legal Practitioners Act Cap. 61:01.
Molodi added that in Botswana only students who have acquired their degree from the University of Botswana and satisfy other requirements provided for in section 4 of the Act can on application to the High Court be admitted and enrolled as legal practitioners.
With this explanation Molodi notes that a degree obtained from other institutions such as GUC will not qualify them as attorneys as the Act in its current form excludes them from being allowed to practise in this jurisdiction.
Molodi explains that those who are not citizens of Botswana with degrees from GUC may be exempted only if they show that they qualify to practise in any country that has been prescribed by the Chief Justice in section 54 (a) of the Legal Practitioners Act.
Molodi noted that there exists a Bill to repeal and re-enact the Legal Practitioners Act which might be tabled in the current meeting of parliament.
He went on to explain that in light of the explanation given, GUC graduates may have to wait for the repeal and re-enactment with amendment of the Legal Practitioners Act by Parliament.
Capps noted that the market will not be flooded at all because not everyone who studies law does so with the end vision of becoming an attorney. Capps explained that graduates will be able to practise law in the United Kingdom as they will be carrying a UK degree.
He said there is potential for Botswana to become a regional education hub as learners from across Africa can cut costs of going to get educated in England and get educated in Botswana whilst getting the same quality of education.
Capps noted that the Covid pandemic disrupted their plans but they are slowly getting back on course and a student exchange programme is in line for their Batswana students to go and be part of the Leeds learning experience in the UK.
Speaking on the credibility of the institution, Dr. Anthony Joseph noted that the institution has been meticulous in ensuring that it gives its learners quality education which is both competitive and cheap.
Spokesperson of GUC Kuneni Moswela noted that GUC is in the process of building a legal clinic through which learners of the LLB course will get an opportunity to practice in the legal field and also help the community.