Diau v Botswana Building Society 2003 (2) BLR 409 (IC) urges the court to interpret the Constitution purposively and generously. 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. Application and interpretation 2. They are no cases scheduled for this period. The High Court is headed by the Chief Justice of Botswana.. References Death of surety 120 . Ghana Law (GhaLII) Kenya Law. This includes: The Constitution of Botswana; The Court of Appeal Act and the Court of Appeal Rules; The High Court Act and the Rules of the High Court; The Magistrate Courts Act and the Magistrate Court Rules PROVINCIAL AND LOCAL DIVISIONS OF THE HIGH COURT OF SOUTH AFRICA The Chief Justice after consultation with the judges president of the several divisions of the Supreme Court of South Africa has, in terms of paragraph (a) of subsection (2) of section 43 of the Supreme Court Act, 1959 (Act 59 of 1959), with the approval of the State President made, with effect … Establishment of courts There shall be courts subordinate to the High Court to be known as magistrates' courts presided over by magistrates appointed for the purposes of this Act. The localization of the High Court started in 1992, when two citizen judges were appointed to the bench. 1 of 2011 HIGH COURT ACT (Cap. To note is that the office of the Registrar does not appoint debt collectors. 1 December 2000 . Further information on the Originating process can be found in Order 6, Rules of the High Court. The appellants ought therefore to be held to the narrow grounds stipulated in their notice of appeal. 4. In the past they were attached to Law firms as inhouse Deputy Sheriffs but that practice is being faced out to promote their independence. 04:02) RULES OF THE HIGH COURT, 2011 (Published on 12th January, 2011) ARRANGEMENT OF ORDER OF RULES ORDER 1. 1 of 2017 HIGH COURT ACT (Cap. The duties of Deputy Sheriffs, Court Bailiffs and Messengers of Court are to serve court processes. Presently there is no law regulating the appointment of Debt Collectors. Industrisl Court is a specialized Court established as a Court … “The poe for his ase othe Gazette (including Supplement is P 7,00 Sipplement C—- Botswana Government Exteaodinsry Gszete ded (2h Janvny, 201 ca Statutory Instrument No. 7 of 2016] Court of Appeal. did not file any opposing papers within the time allowed by the rules, nor within the extended period. If the sale does not raise enough money to pay off the debts, further attachment of movable property of the defendant can be made. High Court in Botswana Rules to Decriminalize Same-Sex Relations. Copyright © 2021 Administration of Justice. Immovable property is only attached if all movables have been attached and sold or there are no movables or where the court has ordered that it be attached. General forms of process, fees, etc. Although they collect debts on behalf of judgment creditors they are not debt collectors in the sense of running debt collection business. 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. 50 Civil appeals from magistrates' courts. lf there is no property available he must search for it. Substantive law defines legal rights, duties and remedies, whereas the adjective law addresses the enforcement of those rights, duties and remedies. They are also responsible for attaching and selling movable and immovable properties of the judgment debtors through public auction sales and enforcing warrants of civil imprisonment. ORDER 1—PRELIMINARY MATTERS . A Deputy Sheriff cannot represent a person in Court as he is not a lawyer. THE HIGH COURT OF BOTSWANA ACT. COURT OF APPEAL RULES 3 Rel. Date of commencement and purpose. “The poe for his ase othe Gazette (including Supplement is P 7,00 Sipplement C—- Botswana Government Exteaodinsry Gszete ded (2h Janvny, 201 ca Statutory Instrument No. About the High Court . The letter of appointment and identity card must indicate the district in which they are appointed to operate in. Persons committed to be brought to trial at the first session provided 31 days have elapsed from commitment 134 . The superior court in Botswana is the Court of Appeal, followed by the High Court, which stands superior to the Magistrates’ Court. Appeal to High Court against refusal of bail 114 . of the High Court are open for cases of all types, from family matters to Criminal matters. ... Rules of the High Court. 4. Her last minute attempt to postpone this matter was rejected by this court because she simply told the court that she has been too busy to attend court papers timeously. Application of Rules . In some cases where there is a dispute such charges can be taxed or revised by the Master. High Court Rules of Botswana - Free download as PDF File (.pdf), Text File (.txt) or read online for free. They are Court officers who must do work for the courts and the public. He must not attach beds that he uses or are used by his children, food, clothes, tools of trade of a certain value etc. 19 – Aug. 2012 TABLE OF CONTENTS PART I TITLE AND INTERPRETATION 1 Title 2 Interpretation PART II PURPOSE AND APPLICATION OF THE RULES 3 Purpose of rules 4 Application of the rules 5 Where no provision PART III INITIATING APPEALS 6 Notice of appeal 7 Style of cause in notice 8 Contents of notice of appeal PART IV SERVING AND FILING … High Court, Lobatse High: 2011 2 BLR 160 HC: Practice and procedure—Institution of action—Withdrawal—What constitutes—After filing notice of withdrawal at court, plaintiff and attorney conducting themselves as if action still active—Action not withdrawn—Rules of the High Court (Cap 04:02) (Sub Leg), Order 47 rule 1(1). It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. Deputy Sheriffs are messengers of Court. 04:02) RULES OF THE HIGH COURT, 2011 (Published on 12th January, 2011) ARRANGEMENT OF ORDER OF RULES ORDER 1. HIGH COURT: SUBSIDIARY LEGISLATION. High Court - Francistown Private Bag F13 Francistown Tel: (+267) 2412125 / (+267) 2416378 Fax: (+267) 2416378. 52 Criminal Appeals to the Supreme Court of Appeal [Rule 52 substituted by GN R518 of 2009.] In the event of there being no provision in these Rules to meet the circumstances arising in any particular cause, matter, case or event, the court and/or the clerk of the court and/or the parties shall be guided by any relevant provision contained in the Supreme Court Rules. 1 of 2017 HIGH COURT ACT (Cap. High Court in Botswana rules to decriminalize same-sex relations. Rules of Court 346 No. Release of sureties 117 . Date of commencement and purpose. In terms of the Botswana High Court Rules, no legal proceedings can be instituted unless the Plaintiff files a Power of Attorney and Resolution (simultaneously with the Summons), and no proceedings can be defended unless the Defendant files a Power of Attorney and Resolution (simultaneously with the Appearance to Defend). unlimited original jurisdiction to hear and determine any criminal and civil cases under any law. [3rd May, 2016 High Court, Lobatse High: 2011 2 BLR 160 HC: Practice and procedure—Institution of action—Withdrawal—What constitutes—After filing notice of withdrawal at court, plaintiff and attorney conducting themselves as if action still active—Action not withdrawn—Rules of the High Court (Cap 04:02) (Sub Leg), Order 47 rule 1(1). The High Court is headed by the Chief Justice of Botswana.. References Deputy Sheriffs are not appointed to operate debt collection companies. Botswana's High Court has overturned a colonial-era law criminalizing consensual same-sex relations in a landmark victory for Africa's LGBTQ movements. 35 of 1967), the Chief Justice has made the following Rules of Court— TABLE OF RULES Order 1. Judges at Botswana's High Court unanimously ruled that the law was discriminatory, and that it was not the place of courts to interfere in private acts between consenting adults. of the High Court. Currently there are three High Court divisions the main one being the head quarters at Gaborone, Lobatse and the other one is in the northern part of the country, in Francistown. 51 Criminal appeals from magistrates' courts. P O Box 00220. INDEX TO SUBSIDIARY LEGISLATION Rules of the High Court RULES OF THE HIGH COURT (section 28) (12th January, 2011) ARRANGEMENT OF ORDER OF RULES ORDER 1. Opening hours 07:30 to 12:45 and 13:45 to 16:30, Monday to Friday, except public holidays. These rules shall come into operation on the 1st of June, 2020, and shall have effect in relation to all proceedings of the Commercial Division of the High Court, including so far as is practicable proceedings pending on that date. This means that a Deputy Sheriff will prepare a bill of costs for taxation by the Sheriff/the Registrar. Botswana: 'Give Customary Courts A Chance', Rules High Court. However this has since changed, THE HIGH COURT OF BOTSWANA Lobatse Botswana. On appointment, a Deputy Sheriff is given an ID card containing his/her particulars and photo. They are no meetings scheduled for this period. High Court In Botswana Rules To Decriminalize Same-Sex Relations. Deputy Sheriff’s powers are restricted to administrative districts which coincide with magisterial districts. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. Application of Supreme Court Rules. Mmegi/The Reporter (Gaborone) By Letshwiti Tutwane. Allocation of Attorneys to poor Litigants. A full bench of the High Court of Botswana ruled to shake remaining relics of its colonial past and to strike down the penal code which criminalize same-sex relations. Nature of the courts and force and effect of process The writ contains the names of the defendant and his addresses. Tel: (+267) 3718000. If he fails to pay, attach his movable property like, furniture, TV, motor vehicles etc. In order to institute divorce proceedings an applicant should file writ of summons, in Summons-Form 2 in the first schedule with such variations as circumstances require – (High Court Rules).. Usual courts of first instance (the first courts one would approach with an issue) are either the Magistrate’s Court, the High Court, or the Industrial Court. Download of Original File: Free African Law. 3. Today, on 11 June 2019, a full bench of the High Court of Botswana ruled to shake remaining relics of its colonial past and to strike down section 164(a) and (c), and section 167 of the penal code which criminalise same-sex relations, or «carnal knowledge against the order of nature», and prescribe a prison sentence of up to 7 years for those found guilty. Jubilant activists in the packed courtroom cheered the unanimous decision in the southern African nation. 53 Reviews. "Registrar" means the Registrar of the High Court. In terms of Rules 18(1) to (4) of the Court of Appeal Rules,1 all grounds of appeal must be clearly stated under distinct heads. Execution of orders of High Court, magistrates' courts or other customary courts. The Plaintiff, or the Plaintiff's attorney or agent shall bring the original originating process documents and four copies to the Civil Registry in Gaborone, Francistown or Lobatse for date … also a citizen of Botswana. lt is also not responsible for their work. They can also be instructed to serve court processes emanating from outside the Country. The property attached must belong to the judgment debtor. It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. The superior court for customary courts is the Customary Court of Appeal and in descending order to the headman’s court as the lowest court. High Court Rules 2016 (LI 2016/225) Note. However, it goes on to stipulate very narrow grounds of appeal. Deputy Sheriffs, Court Bailiffs and Messengers of Court are Court officers appointed by the Registrar of the High Court in terms of the Law. Application and interpretation 2. (+267) 2416378. Deputy Sheriffs are independent officers who function privately but account to the Sheriff for the proper discharge of their functions. Civil Procedure is adjective law and is accessory to substantive law. PART II Establishment and Nature of Courts (ss 3-7) 3. In terms of the Botswana High Court Rules, no legal proceedings can be instituted unless the Plaintiff files a Power of Attorney and Resolution (simultaneously with the Summons), and no proceedings can be defended unless the Defendant files a Power of Attorney and Resolution (simultaneously with the Appearance to Defend). Disputes with commercial values lower than the threshold of BWP 40 000 (approximately GBP 2500) are dealt with in the Magistrates’ Courts. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. Change of place of trial 135 . African Law (AfricanLII) Botswana e-Laws Ethiopian Law. It is not their duty to prepare summonses on behalf of members of the public. After attachment the Deputy Sheriff will either remove the property and store it in a safe and secure place or leave them with judgment debtor: if he gives him assurance together with someone reputable that he will produce the property on the day of sale.He must then advertise the property for sale within 14 days. 2. Acting without Authority . General forms of process, fees, etc. The sale must be by public auction. Download full ruling (Gaborone, Botswana) Today, on 11 June 2019, a full bench of the High Court of Botswana ruled to shake remaining relics of its colonial past and to strike down section 164(a) and (c), and section 167 of the penal code which criminalize same-sex relations, or “carnal knowledge … O Parque. 3. HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . 298 were here. After six years of failure by the initial contractor and marathon legal tussle by bidders, the High Court, through Judge Michael Leburu has issued a verdict ordering Public Procurement and Assets Disposal Board (PPADB) to award the P450 million Tshesebe-Mosojane-Masunga road tender to Cul De Sac (PTY) LTD. 4. The late Justice Moleleki Didwell Mokama was appointed the first citizen Chief Justice of Botswana followed by the Late Justice Mukwesu Nganunu and High Court in Botswana Rules to Decriminalize Same-Sex Relations. Duties of Registrar 4. Botswana became the latest country to decriminalize LGBTI individuals Tuesday when the High Court rejected as unconstitutional sections of the penal code that punish same-sex relations with up to seven years in prison. 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