CHAPTER 1
1.1.
INTRODUCTION
At University of Botswana, Faculty of Social Sciences, Department of Law, an internship is a
core course in the department’s curriculum. Upon completion of the second semester in fourth
year, a student must go on an internship, which is an eight-week examinable course. During
this internship one gets exposed to what they have learnt during their time in school at the
workplace. Asides from the hands-on knowledge one gets, they are also exposed to challenges,
learn how to deal with them and how to mitigate them. Therefore, one gets well prepared of
their future job market. An assessment of the student’s workplace performance during the
internship period is conducted with the help of the internal supervisor to get to know what one
has learnt so far and what contribution they have made to the organization.
1.2.
SCOPE
This report highlights a summary of work done, problems encountered, suggestions and
recommendations on how to counter the problems.
1.3.
LEGAL AID BOTSWANA
1.3.1. HISTORICAL BACKGROUND
The Legal Aid Botswana, Kasane office that I was attached in operates under the Ministry of
Defence and Security. Legal Aid Botswana is a Body Corporate established by an Act of
Parliament, the Legal Aid Act No: 18 of 2013. Date of commencement of the Act is on the 1st
of January 2015. This Act sets out the full mandate, objectives, general functions, powers, and
constitution of the governance structures of the entity as well as the supportive staff.
1.3.2. VISION
Equal access to justice
1.3.3. MISSION
Taking quality legal services to the poor through education, advice and representation.
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1.3.4. CORE VALUES
The following are Legal aid Botswana’s core values:

Passion for justice

Innovation

Accountability & good governance

Service excellence

Empathy
1.3.5. CORE FUNCTIONS OF LEGAL AID BOTSWANA

It offers legal aid to qualify individuals in both civil and criminal matters. This
encompasses representation in court proceedings, assistance with legal documents, and
guidance on navigating the complexities of the legal system.

It proactively empowers citizens by providing educational programs and resources on
their legal rights and responsibilities. This involves workshops on specific legal topics,
informative brochures, and community outreach initiatives aimed at raising legal
awareness across Botswana.

Recognizing the interconnectedness of the legal system, it collaborates with other
institutions such as courts and law societies. This collaborative approach fosters a more
efficient and accessible legal system for all.
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CHAPTER 2
2.1.
PERIOD OF INTERNSHIP
The internship lasted two months that begun on 3rd June and ended on 26th
July 2024. I worked under the internal supervision of the legal aid counsel and the centre
manager and recorded in the internship action form the weekly work carried out during the
entire period.
2.2.
OBJECTIVES
The objectives of my internship were as follows:

To gain experience in my career of choice as a lawyer specializing in civil and criminal
law.

To get exposed to the kind of legal disputes expected to find in the industry and to new
dispute resolution mechanisms.

To get the chance to put the knowledge gained at university into practice.

To make contacts with prospective future employers.

To be well braced with the challenges that come with the career and learn ways of
dealing with the challenges or mitigating them.

To enhance the good relationship between future employers and the University so that
they may contribute positively to bringing up competitive students for the job market.

To market fellow departmental students University of Botswana students at large as
reliable employees, innovative individuals who are aggressive and ready to deliver at
workplaces.
2.3.
BENEFITS OF THE INTERNSHIP
The internship is aimed at creating a holistic being both theoretical and practically. I was able
to merge a bit of the theory from school with practicals, drafting of wills, interviewing clients
and instituting legal claims. I also got a chance to attend initial case management conferences
(ICMCs) which involved meeting between the judge, lawyers, and other parties involved in a
lawsuit before the main trial to discuss and manage various aspects of the case, including
scheduling, evidence exchange, and narrowing down the legal issues in dispute. I got exposed
to various networking opportunities with experienced lawyers, judges, and other legal
professionals as well hands-on experience which involved tasks like legal research, drafting
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legal documents (motions, affidavits), and assisting with trial preparation. In addition, I learnt
how to interact with supervisors at different levels and made an improvement in my interpersonal relationships at the workplace.
2.4.
EXPERIENCE
2.4.1. DEVELOPMENT OF LEGAL SKILLS
My internship at Legal Aid Botswana proved to be an invaluable experience, bridging the gap
between theoretical legal knowledge and practical application. Legal aid Botswana caseload
encompasses a broad spectrum of legal matters faced by ordinary citizens. Witnessing firsthand
how lawyers handle diverse legal scenarios (e.g. contract disputes, criminal cases, and family
law issues) was a significant learning opportunity. I was fortunate to be involved in drafting
legal documents such as affidavits, writs and motions. This provided practical experience in
legal research, applying legal principles, and ensuring clarity and conciseness in writing. The
attachment honed my legal research skills through tasks like statutes and case law research and
identifying relevant legal principles. This reinforced my ability to analyse legal information
and apply it to specific cases.
2.4.2. EXPOSURE TO REAL-WORLD LEGAL ISSUES
Interacting with clients from various backgrounds provided valuable experience in client
communication. This included understanding their concerns, translating legal concepts into
understandable language, and developing empathy for their situations. Working at Legal Aid
Botswana exposed me to the challenges faced by underprivileged individuals in accessing
justice. This fostered a sense of social responsibility and highlighted the critical role of legal
aid in promoting equal access to the legal system. The internship allowed me to connect with
experienced lawyers, judges, and other legal professionals. These interactions provided
valuable insights into the legal profession and potentially laid the groundwork for future career
opportunities.
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CHAPTER 3
3.1.
ROLE OF THE INSTITUTION WITHIN THE LEGAL SYSTEM OF
BOTSWANA
Legal Aid Botswana ensures people who qualify for their services have access to legal advice,
representation in court (civil and some criminal cases), and public legal education. During my
internship period, Legal Aid Botswana played different roles as follows:
3.1.1. EDUCATING THE PUBLIC
Legal Aid Botswana goes beyond just handling individual cases. They understand the
importance of an informed public and run a dedicated program called LEPA (Legal Education
& Public Awareness). Through LEPA, the organization educates the public about legal matters
in various ways. They create informative brochures outlining their services, visit schools to
teach students about their legal rights, and even conduct talks directly in prisons to inform
inmates. LEPA also involves door-to-door consultations, bringing legal advice directly to
communities and making it more accessible.
This focus on public legal education empowers citizens. Through LEPA programs, people learn
how to identify legal issues and how to approach Legal Aid Botswana for help. They gain
valuable knowledge about their rights in areas like housing, consumer protection, and basic
legal procedures. This newfound understanding allows them to navigate legal situations more
confidently.
My own experience participating in LEPA outreach programs in villages across Chobe District
highlighted the need for such initiatives. Many people lacked basic legal knowledge, often
confusing law with morality or simply unaware of the services LAB provides. The concept of
free legal aid was particularly surprising for some, especially older citizens who had given up
hope of affording legal help. LEPA's educational efforts are crucial in empowering these
communities and fostering a more informed and just society.
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3.1.2. PROVIDING FREE LEGAL SERVICES
Legal Aid Botswana is a champion for equal access to justice. They provide free legal advice,
representation in various courts, and public education programs, empowering those who
wouldn't otherwise afford a lawyer. In a legal dispute, having a skilled lawyer on your side can
be critical. Legal Aid Botswana bridges this gap, ensuring a fairer legal system where everyone,
regardless of financial background, can be heard and have their rights protected. This
commitment to equal access strengthens the rule of law in Botswana. Everyone is subject to
the same laws and can challenge unfair treatment or defend their rights. For example, during
my time at Legal Aid Botswana, I saw firsthand how they provided free legal representation to
two minors facing theft charges whose family couldn't afford a private lawyer. This ensures no
one is disadvantaged simply because they lack funds. Legal Aid Botswana levels the legal
playing field, empowering citizens and fostering a more just society in Botswana.
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CHAPTER 4
4.1.
PRACTICAL APPLICATION OF LEGAL KNOWLEDGE ACQUIRED FROM
THE LAW DEPARTMENT AT THE PLACE OF INTERNSHIP
i.
Succession and Administration of Estates- LAW 339
The knowledge gained in my "Succession and Administration of Estates" class proved
invaluable during my internship at Legal Aid Botswana. The course covered the legal
frameworks (Common Law, Statute, and Customary Law) surrounding inheritance and
estate administration. This provided me with a solid foundation to understand the
process and draft the necessary legal documents.
At Legal Aid Botswana, I had the fortunate opportunity to observe two client meetings
where wills were drafted, including a joint will. Moreover, I was entrusted with drafting
a will myself. Witnessing an actual will and learning about will revocation in practice
solidified the theoretical concepts I learned in class. This hands-on experience solidified
the value of Mr. Mokotedi's course and its direct application to the real world of legal
practice.
ii.
Clinical Legal Education- LAW 433
The Legal Clinic served as an invaluable training ground, transforming me from a
student into a confident legal professional. Interacting with a diverse clientele – from
the impatient to the reserved – pushed me to adapt my communication style and build
rapport effectively. These interviews were not just about gathering information; they
became a masterclass in discerning legal issues (causes of action). I honed my
questioning skills, learning to cut to the heart of the matter efficiently. This ability,
essential for swift case handling and sound judgment, is highly sought-after in the legal
field.
The Legal Clinic's benefits extended beyond client interaction. It equipped me with
practical legal knowledge. Understanding the intricacies of applications like
condonation (excusing procedural errors) demystified the process. Additionally, I
learned the art of effective time management, ensuring all files received the necessary
attention. My experience at the UB Legal Clinic proved invaluable during my
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internship. The skills and knowledge I gained allowed me to confidently interact and
consult with clients. The legal document drafting training from the clinic came in
particularly handy, making the process smooth and efficient.
iii.
Family Law- LAW 133
My first-year Family Law class transformed theory into tangible skills during my
internship. We delved into the legalities of marriage, from its formation and
consequences to the intricacies of dissolution through annulment or divorce. We tackled
complex issues like grounds for divorce, proving irretrievable breakdown, and the
often-contentious division of property, child custody, and spousal support.
Eager to apply this knowledge, I thrived in an environment where most clients faced
divorce. I took initiative by drafting divorce summons, the documents that kickstart
legal proceedings. Furthermore, I actively participated in Initial Case Management
Conferences, facilitating crucial conversations between divorcing couples before trial.
Observing a successful divorce consultation, where agreements were reached on
property division, child custody, and maintenance, cemented my understanding of these
complex legal issues.
iv.
Civil Procedure and Practice- LAW 331
Civil Procedure and Practice, a previously challenging course under Professor
Dinokopila, transformed into a practical skillset during my internship. While the class
provided in-depth theoretical knowledge of Botswana's civil litigation procedures and
drafting common legal documents, it lacked real-world application. This is where my
internship bridged the gap.
Drafting various legal documents, including summons and motions, provided a clear
understanding of common processes in civil litigation. The practical experience made
the subject matter far more engaging compared to the theoretical focus in class. While
Civil Procedure initially seemed daunting, the internship equipped me with the
confidence to not only handle these procedures but also to ace the course, which I wasn't
able to do in my third year
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v.
Criminal Law, General Principles- LAW 231
My coursework in Criminal Law, particularly LAW 231 with Professor Dambe, played
a pivotal role in solidifying my interest in criminal defense. The course provided a
strong foundation in the core principles of criminal liability, equipping us with the tools
to analyze complex cases and their social implications in Botswana. We honed our
critical thinking and communication skills through case studies and project writing.
This theoretical grounding proved invaluable during my internship at Legal Aid
Botswana. I had the opportunity to dive headfirst into criminal matters, working on
cases involving theft, housebreaking, and even those involving minors. My internship
allowed me to directly apply my knowledge by drafting legal documents like Heads of
Arguments and Mitigation Submissions. Additionally, I gained firsthand experience by
interviewing clients and participating in consultations. The insights gleaned from LAW
231 significantly smoothed the transition to practical casework.
4.2.
DIFFERENCES
BETWEEN
THE
THEORETICAL
LAW
AND
ITS
PRACTICAL APPLICATION
My internship shattered some preconceived notions about courtroom decorum. Unlike the rigid
formality I envisioned, the atmosphere was surprisingly relaxed. The most striking difference,
however, lay in legal research. Law school emphasized rote memorization of statutes and case
names. In stark contrast, the courtroom embraced a culture of reference. Legal professionals
freely consulted statutory instruments, textbooks, and journals – a stark departure from the
"memorize everything" approach of academia.
This shift from memorization to analysis was refreshing. Lawyers weren't expected to have
every provision at their fingertips, but rather to possess the critical thinking skills to dissect and
apply legal principles effectively. The focus was on understanding the true meaning and
application of statutes, not simply recalling their location within a legal text.
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4.3.
DIFFERENCES BETWEEN EXPECTATION AND REALITY IN THE
APPLICATION OF THE LAW
While I envisioned a world of courtroom drama and negotiations, reality revealed a
much more "paper-based" process. This emphasis on the quality of written pleadings
aligns with the principle highlighted in the South African case of Minister of Safety &
Security v Slabbers (668/2009) [2009] ZASCA 163 (30 November 2009). As the saying
goes, "you stand or fall by your pleadings," emphasizing the importance of clear and
well-drafted court documents.
The importance of proper documentation became abundantly clear. A significant
portion of time was spent crafting court documents, ensuring every argument was
meticulously documented. The court's strict adherence to this principle surprised me.
Arguments not supported by written pleadings were often dismissed, as evidenced by
an anecdote from my supervisor. In an urgent application, the judge emphasized this
point, demanding justification for an argument not reflected in the paperwork. While
this protects against abuse of court, it was stricter than I anticipated, especially for
urgent applications.
Another unexpected lesson: strong arguments weren't enough.
Poorly drafted
documents, not adhering to court rules, could lead to rejection and delay the entire
process. My legal education emphasized arguments grounded in established legal
principles. However, I observed attorneys using persuasive judgments, even if they
weren't directly applicable law.
Confidence played a surprisingly significant role. Attorneys who projected confidence
seemed to gain a more receptive ear from the judge, even if their arguments lacked
strong legal backing. Witnessing this firsthand during a land tribunal appeal with my
supervisor solidified the importance of projecting confidence in court – a principle I'll
carry into future moot court sessions.
The internship also highlighted the importance of preparation. Observing a murder trial
exposed the consequences of tardiness. An attorney from the DPP was reprimanded
for arriving late and robing in court. This experience underscored the strict adherence
to time and decorum in the courtroom.
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Interestingly, my supervisor often prioritized alternative dispute resolution (ADR)
mechanisms before resorting to litigation. This focus on settling matters outside of court
aligned more with my initial expectations of negotiation and compromise.
The
internship provided valuable insight into the practical application of the legal system,
revealing a world where meticulous documentation, clear communication, and
courtroom etiquette are paramount, while also emphasizing the importance of exploring
alternative solutions whenever possible.
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CHAPTER 5
5.1.
SUGGESTIONS AS TO HOW INTERNSHIP SHOULD BE IMPROVED
While the internship offered valuable practical experience, its brevity hindered a
comprehensive understanding of the legal profession. The eight-week duration restricted
exposure to a variety of legal matters, making it difficult to grasp the true demands of practice.
To fully equip interns for their future careers, extending the program to a full semester is
crucial. This would allow for a deeper immersion in firm culture, a broader range of casework,
and a more accurate representation of the workload lawyers typically encounter. Ultimately, a
longer internship would better prepare interns for the challenges and rewards of legal practice.
It would be advantageous for interns to have academic assessors assigned to evaluate their
work during internships. This would bridge the gap between theoretical and practical aspects
of law, giving us valuable insights into our performance in real-world settings. Beginning
internships as early as Year 2, when students have a solid understanding of legal principles,
could also be highly beneficial. Equally important would-be providing supervisors with a
detailed list of completed and upcoming modules, enabling them to assign tasks that align with
our academic knowledge and facilitate practical application.
5.2.
CONCLUSION
The internship period has been a valuable learning experience for me, offering exposure to
diverse situations. Despite its brevity of eight weeks, I've gained extensive practical insights
into the field of law and improved my interpersonal skills through interaction with fellow staff
members. I commend the University of Botswana for providing us with this opportunity to gain
firsthand experience in the actual legal environment.
The accompanying internship action form details the tasks undertaken during the placement. It
bears the signatures of both me and my supervisor, Ms. Nthibo, and is officially verified with
the Legal Aid Botswana stamp.
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