Date of assent: 6 June 2016. 2. In this Act, unless the context otherwise requires-. Tenure of office of judges of Court of Appeal 102. Copyright 2015. Magistrates Appointment of magistrates. Disputes with commercial values lower than the threshold of BWP 40 000 (approximately GBP 2500) are dealt with in the Magistrates’ Courts. "counsel" includes an attorney in proceedings before the High Court in which such attorney has the right of audience; "court" or "the court" , in relation to any matter dealt with under a particular provision of this Act, means the judicial authority which under this Act or any other law has jurisdiction in respect of that matter; Log into your account. The High Court is seeking applications for the position of Court Guide. 137. Costs usually follow the event of judgment in Botswana, save in exceptional cases where the court makes no order as to costs. Jurisdiction in respect of causes of action, 18. This Order, made under section 49 of the Customary Courts Act, implements provisions of that Act in respect of, among other things: registers to be kept, procedural requirements in relation with hearings at a customary court, right of appeal in accordance with section 42 of the Act… IN CASES TRIED BY MAGISTRATES' COURTS 111 . It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. An Act to amend the law with respect to the jurisdiction and business of the High Court, and with respect to the officers and offices of the High Court, and otherwise with respect to the administration of justice and the validation of certain acts. They are therefore controlled and supervised by the High Court, through reviews and appeals. Publicity of Proceedings . More importantly, trusts can transform businesses, … 03:02)shall be deemed to be a magisterial district established under this section. Magistrates not to have jurisdiction in certain matters, 33. The State appeals against a decision of the Gaborone High Court in which it declared unlawful, unconstitutional and invalid a decision refusing the first and In addition, once the High Court hands down a final pre-trial order, which is the penultimate hearing to the actual trial of a matter, such order cannot be unless a party is able to prove manifest injustice. Thankane) for the Applicant Effect of discharge from imprisonment, 59. The African Law & Business is published by: Global Legal Group, © 2002-2021 Copyright: ICLG.com | AfricanLawBusiness.com | Our Privacy. Suspension of bailiff for misconduct, 17. Download of Original File: high-court-amendment-act-no-21-2016.pdf. Unlike the High Court, Magistrates Courts are not created by the Constitution. ORDER 2—COMMENCEMENT OF PROCEEDINGS . Customary marriages are performed at a customary court (“kgotla”) and require the approval of the local chief. page 5 note 3 See, e.g. (4) The Registrar and the Deputy Registrar shall have all the powers of a Regional Magistrate, Chief Magistrate, and the Assistant Registrar of the High Court shall have all the powers of a Senior Magistrate, appointed under this Act. [K………….] Customary marriages are performed at a customary court (“kgotla”) and require the approval of the local chief. On failure of accused to appear at trial, recognizance to be forfeited B. PART III-OFFICERS OF THE COURT. 2 High Court of Botswana Act, 1967. In terms of the Botswana High Court Rules, no legal … 4. Administration of Justice in Botswana 'Fiat Justitia' AVELINO CASUPANAN and ROBERTO CAPITULO, petitioners, vs. MARIO LLAVORE LAROYA, respondent. 5 No. However, court documents in respect of ongoing proceedings are only available to the parties with personal interest in the litigation, which determination is within the complete authority of the registrar. Acting without Authority . … Conditions of recognizances 110 . Warrant of civil imprisonment may be suspended by court of area wherein it is executed, 60. … (a)   assign magistrates to courts in any magisterial districts or regions referred to in section 9(1); or. (2) The qualifications for appointment in the various grades of magistrate specified in subsection (1) shall be as prescribed from time to time by the President acting in accordance with the advice of the Judicial Service Commission: Provided that the President may, acting on such advice, and in regard to any particular candidate, waive the qualifications required for appointment to any grade of magistrate to facilitate the localisation of the public service. Application and interpretation 2. Magistrates' Courts exercise jurisdiction as prescribed in the Magistrates Court Acts … In trial action the parties are called ‘plaintiff’ and ‘defendant’. There is a series of pre-trial processes involving several meetings between parties and their counsel, with status hearings before court at which appropriate directions are handed down for future conduct of matters. 138. In Botswana, there are two types of marriages or two ways of getting married: customary marriage and marriage under the Act (or under the “common law”). The High Court in Botswana ruled on June 11, 2019 that laws criminalizing consensual same-sex relations were unconstitutional, Human Rights Watch said today. 94 Interestingly, after the finding of the case, the chairman of the Ntlo ya Dikgosi, Kgosi Puso Gaborone of Batlokwa, is recorded as having said that there is nothing wrong with their people recognising them as kgosi kgolo [supreme leader], and that they are not authorised by the Constitution, the Bogosi Act or the High Court; see “CKGR Basarwa get help to re-commission … The enforcement of foreign judgments in Botswana is provided for under the Judgments (International Enforcement) Act. Vol. In motion proceedings, parties present their evidence in the affidavits filed with the court. HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . But the effect of the Case Management System is that … 3. (1) Except with the agreement of all parties thereto, all proceedings of a court, including the announcement of the decision of the court, shall be held in public. IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE MAHGB-000291-14 In the matter of: [G……] [K……….] Publicity of Proceedings . (3) If any person in or in the precincts of a court conducts himself in such a manner as is capable of disturbing the peace or order of the court, the presiding magistrate may order that such person be removed or detained in custody until the final rising of the court for the day, or, if in the opinion of the magistrate peace or order cannot otherwise be secured, may order that the public gallery be cleared and the doors thereof closed to the public. The Bushmen applied for permission to use a borehole [BBC report], originally dug by diamond … In order to effect enforcement an application must be brought in the High Court to have the foreign judgment made an order of the court. Application of Rules . 4 African Courts Proclamation, I96I. … Rates may vary depending on the agreement made between the client and attorney. (1) The Chief Justice may make regulations establishing magisterial districts and magisterial regions. 3 Subordinate Courts Proclamation, cap.5. Short title This Act may be cited as the Arbitration Act. Note 4 at the end of this reprint provides a list of the amendments incorporated. (2) For the purposes of this section, any area prescribed as an administrative district under the Administrative Districts Act (Cap. What is important to note is that there is a disparity between costs claimable on a party-and-party scale as provided for in the Rules, and the commercial reality of attorney and own client fees, which often are well in excess of the statutory rate. No. Third party funding is therefore an issue of contract between the third party and the litigant. In trial proceedings, evidence is presented through the testimony of witnesses, unless a summary of evidence delivered in the pre-trial process has been admitted by a party. A court order is generally enforced through the deputy sheriff, in the event that a party refuses to abide by the order. "bailiff" means a court bailiff so appointed in accordance with section 13 or any person lawfully performing the functions of a bailiff in accordance with this Act; "clerk of the court" means any person so appointed in accordance with section 12; "court" means the court of a magistrate, of whatever grade, appointed under this Act; "High Court" includes a judge of that Court; ">"magistrate" includes a Regional Magistrate, a Chief Magistrate, a Principal Magistrate, a Senior Magistrate, a Magistrate Grade I, a Magistrate Grade II and a Magistrate Grade III, appointed in accordance with section 8; "Registrar" means the Registrar of the High Court. This dictates that litigants’ recoveries of fees are between 50% and 60% of their actual expenditure in taxation. General forms of process, fees, etc. 11 of 2008, s. 4(b) The High Court shall have jurisdiction in proceedings for presumption of death and dissolution of marriage and for nullity under this Act if the plaintiff was domiciled in Botswana at the date of the action, or was resident in Botswana at the date of the action and has been ordinarily resident in Botswana for the period of three years immediately preceding the … 298 were here. News June 11, 2019 News Release Botswana: High Court Strikes Down Sodomy Laws. (a)   a Regional Magistrate to supervise the administration of justice in any magisterial region; and. While the High Court can decide on matters of any nature, the Industrial Court is a specialized court, dealing with matters under the Trade Disputes Act. Assignment of magistrates to courts, 16. Number of Act: 21. Supplement C — Botswana Government Extraordinary Gazette dated 12th January, 2011 C.1 Statutory Instrument No. Tenure of office of judges of High Court 98. More importantly, trusts can transform businesses, … 1. Indictments in High Court 136. The potential of material disputes of fact that cannot be resolved on paper, without reference to oral evidence, is the primary factor that determines the choice of whether to proceed in action or on motion. The Supreme Court shall have the same power to deal with cases of contempt of its authority as the High Court of Justice in England, and such power shall extend to the upholding of the authority of magistrates' courts. 2. IN THE HIGH COURT OF BOTSWANA HELD AT GABORONE MAHGB-000591 16 In the matter between: LETSWELETSE MOTSHIDIEMANG Applicant and ATTORNEY GENERAL Respondent LESBIANS, GAYS AND BISEXUALS OF Amicus Curiae BOTSWANA (LEGABIBO) Mr. Attorney G.R. Vacancy DEPUTY REGISTRAR AND MASTER OF THE HIGH COURT OF BOTSWANA (1x GABORONE, 1x FRANCISTOWN). Rescission and correction of judgments and orders, 29. It would be improper to bring a delictual matter before the Industrial Court in the same way it would be improper to bring a labour dispute to the High Court. Future and accruing earnings, when attachable, 46. 1 of 2011 HIGH COURT ACT (Cap. The superior court in Botswana is the Court of Appeal, followed by the High Court, which stands superior to the Magistrates’ Court. High Court in such manner as if it were an original judgment or order issued, made or pronounced therein by the High Court. Diau v Botswana Building Society 2003 (2) BLR 409 (IC) urges the court to interpret the Constitution purposively and generously. All Rights Reserved. Communications and documentation exchanged as between a lawyer and a client are privileged. 4. 1. Excessive bail not to be required 113 . They are subordinate to the High Court. IN CASES TRIED BY MAGISTRATES' COURTS 111 . (b)   transfer magistrates between courts in any magisterial district or region or from courts in one magisterial district or region to another magisterial district or region. The records and proceedings of every court shall in all cases be accessible to the public under the supervision of an officer of the court at convenient times and upon payment of such fees as may be prescribed by rules made under section 67 of this Act: Provided that after a period of 30 years has expired from the date of judgment in such proceedings, the President may order the removal of such records and proceedings to a central place of custody. The publishers do not accept any liability whatsoever arising from any errors or omissions to any person acting or refraining from acting as a result of the information contained in this publication. Matters that require specialised knowledge are relegated to special tribunals, for example, the Workman’s Compensation Commissioner, Income Tax Appeals Committee and the Industrial Court. Court of Appeal; 2. Discrimination Against Women Under Botswana’s Citizenship Act. Execution or suspension in case of appeal, 53. Applicant And [B……...] st[O…….] Lekgowe (with him Ms. P. Ramaja & Mr. T.K. High Court Rules 2016 (LI 2016/225) Note. African Law (AfricanLII) Botswana e … Jeffrey Bookbinder is a partner at  Bookbinder Business Law office in Gaborone, Botswana, part of the Bowman Gilfillan Africa Group. References B. Summonses and charges in magistrates courts 139. Lekgowe (with him Ms. P. Ramaja & Mr. T.K. The superior court in Botswana is the Court of Appeal, followed by the High Court, which stands superior to the Magistrates’ Court. (3) Notwithstanding the provisions of subsection (2) the President may, acting in accordance with the advice of the Judicial Service Commission, appoint administrative officers of and above the grade of District Officer as Magistrates Grade I or Magistrate Grade II or Magistrate Grade III. Lodging of charges in magistrates court. SearchInAfrica.com - Business Directory and online map for information on business, community, … Jurisdiction and composition 96. Power to admit to bail, nature of bail and provision in case of default C. GENERAL FOR ALL CRIMINAL CASES 112 . HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . 35 of 1967), the Chief Justice has made the following Rules of Court— TABLE OF RULES Order 1. Thankane) for the Applicant Advocate S.T. Administration of Justice in Botswana 'Fiat Justitia' AVELINO CASUPANAN and ROBERTO CAPITULO, petitioners, vs. MARIO LLAVORE LAROYA, respondent. The State appeals against a decision of the Gaborone High Court in which it declared unlawful, unconstitutional and invalid a decision refusing the first and 1. Commissioner of Oaths Act; "court" means the High Court of Botswana; "letters of administration" includes any document issued or a copy of such document duly certified by any competent authority in any country, from which it appears that any person named or designated therein has the authority to administer for the benefit, in whole or in part, of any other person, any property … Attorneys have right of appearance to the highest court in the land and do so appear regularly. The case types that are heard by the high court include, matrimonial cases, civil cases, criminal cases, civil appeals and miscellaneous applications. Rule . 4 African Courts Proclamation, 1961. prisoners incarcerated in prisons in Botswana. 1967 RULES OF THE HIGH COURT (Published on the 12th December, 1969) It is notified for general information that in the exercise of the powers vested in him by section 28 of the High Court of Botswana Act, 1967 (No. High court judges in Botswana have ruled that laws criminalising same-sex relations are unconstitutional and should be struck down, in a … 51 of 1969. Commissioner of Oaths Act; "court" means the High Court of Botswana; "letters of administration" includes any document issued or a copy of such document duly certified by any competent authority in any country, from which it appears that any person named or designated therein has the authority to administer for the benefit, in whole or in part, of any other person, any property … Be cited as the arbitration Act Courts in any magisterial districts and magisterial regions Law office Gaborone. 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