The use of digital evidence in courts of Botswana is becoming more common and accepted in recent years. The country has recognized the importance of digital evidence as a means of proving facts and establishing truth in court cases. The Botswana legal system has made efforts to adapt to the changing technological landscape by incorporating digital evidence into its legal framework.
Digital evidence refers to any data or information that is stored, transmitted or received electronically, such as emails, text messages, social media posts, photographs, videos, and other electronic documents. In Botswana, digital evidence is admissible in court proceedings, provided that certain conditions are met.
The admissibility of digital evidence is governed by the Botswana Evidence Act, which recognizes electronic documents as admissible in court if they meet certain requirements. Section 108 of the Act states that an electronic document may be admitted in evidence if it is shown to be authentic and reliable, and that the person seeking to rely on it has complied with certain requirements, such as providing a certified copy of the document or producing an electronic signature.
Furthermore, the Botswana Criminal Procedure and Evidence Act (CP&E) of 2018 provides a framework for the admission and use of electronic evidence in criminal proceedings. Section 236 of the CP&E Act allows electronic documents to be used as evidence, provided that they meet the requirements of Section 108 of the Evidence Act.
In addition, the Botswana High Court has issued guidelines on the admissibility of digital evidence, which provide guidance to lawyers, judges, and prosecutors on how to handle digital evidence in court. The guidelines recognize that digital evidence can be subject to manipulation, alteration, or deletion, and provide guidance on how to ensure the authenticity and reliability of digital evidence.
The courts in Botswana have recognized the importance of digital evidence and have admitted it in various cases. For example, in a recent case of a former Member of Parliament who was accused of soliciting a bribe, the prosecution relied on digital evidence, including audio recordings and text messages, to prove its case. The court admitted the digital evidence and found the accused guilty.
Similarly, in a case involving a cyberbullying incident, the court relied on evidence obtained from social media platforms to convict the accused. The court recognized that social media evidence can be reliable and authentic if the proper authentication and verification procedures are followed.
However, the admissibility of digital evidence in Botswana courts is not without challenges. One of the main challenges is the lack of technical expertise among lawyers, judges, and prosecutors. Digital evidence requires a certain level of technical knowledge and understanding, which is not always available in the legal profession.
Another challenge is the potential for digital evidence to be manipulated or altered. Digital evidence can be easily modified or deleted, and it can be difficult to prove its authenticity and reliability. The Botswana legal system needs to ensure that proper procedures and guidelines are in place to authenticate and verify digital evidence to avoid any potential manipulation or alteration.
In conclusion, digital evidence is becoming increasingly acceptable in Botswana courts, and the legal system has recognized its importance as a means of proving facts and establishing truth in court cases. However, the admissibility of digital evidence is subject to certain conditions, and the Botswana legal system needs to ensure that proper procedures and guidelines are in place to authenticate and verify digital evidence. The legal profession in Botswana also needs to invest in technical expertise to handle digital evidence effectively.