The duality of legal systems developed during the colonial period - customary law existing side by side with general law - was largely retained at the independence of Botswana in 1966. This essay examines the nexus between the customary law and received law in the sphere of criminal justice. Included in this examination are discussions of Kgosi Seepapitso IV cases, the status of customary law crimes and the "written law" test, the lack of legal representation despite a constitutional guarantee to legal representation, and discretion in sentencing. The essay concludes that the dual legal system inherited from the colonial period persists, with customary law plainly subordinate to general law. The author expresses concern that the question never asked is why a legal system that regulates the lives of the majority of the people should be subordinated to a system with which very few people have any connection. The inevitable precedence of general law over customary law ultimately has served to undercut the legal and moral authority of both legal regimes. Footnotes