1. Introduction
When Botswana attained independence from Britain in 1966, it was ranked among the
top 10 poorest countries in the world.1
However, by 1970, with the discovery of
diamond and copper nickel, the country had become economically secure.2
The
government invested the returns from mining into improving the living standards of
the majority of the population through the provision of education and health care
services; and the development of physical and social infrastructure. Along with the
growth of the major mining towns, associated new towns and infrastructure
mushroomed throughout the country, ushering in an era of industrialisation.3
The
transformation in the economy prompted by the widespread rural-to-urban labour
migration4
ultimately put a strain on the traditional family structure and eroded its
role and that of the community in shaping the lives of young people.5


Initially, government offered free education only for primary school learners and
thereby produced masses of unemployable out-of-school youths, who quickly
channeled their energies into crime and other anti-social behaviour, setting in motion
a legacy of juvenile delinquency which Botswana is still grappling with today.6 At
that time, Botswana did not have a separate justice system to adjudicate over children
in conflict with the law. Such children were therefore (subject to a few exceptions and
concessions), treated in the same way as adults. They were processed through the
same criminal court system, bound by the same substantive and procedural laws,
rules, and were punished in a similar fashion.