Deputy Sheriffs are appointed for the High Court, and Court Bailiffs and Messengers of Court are appointed for the Magistrates Courts. The Court of Appeal They are Court officers who must do work for the courts and the public. Botswana's High Court on Thursday postponed its ruling on a case challenging the criminalization of gay sex, which is being scrutinized by campaigners hoping the law could be overturned. Thankane) for the Applicant High court judges in Botswana have ruled that laws criminalising same-sex relations are unconstitutional and should be struck down, in a major victory for gay rights campaigners in Africa. Government of Botswana. The judges cited the president’s comment in their ruling. Civil suits; here individuals sue others for non-payment of … Magistrate court  is created and defined by the Magistrate Court Act. To ensure that the other arms of government act according to the constitution. In the past they were attached to Law firms as inhouse Deputy Sheriffs but that practice is being faced out to promote their independence. In the new tier of inferior courts introduced by the Customary Law 5S 10(2) of the High Court Act Cap 04:02. Although they collect debts on behalf of judgment creditors they are not debt collectors in the sense of running debt collection business. Magistrate Courts: If he fails to pay, attach his movable property like, furniture, TV, motor vehicles etc. 1.3 It is declared that the representative of the Law Society of Botswana on The High Court is headed by the Chief Justice of Botswana.. References All right reserved. Deputy Sheriffs, Court Bailiffs and Messengers of Court are Court officers appointed by the Registrar of the High Court in terms of the Law. ​Liquidation of companies and insolvencies, Administration of estates of deceased person. In that case they are appointed for particular districts. THE HIGH COURT OF BOTSWANA ACT. The sale must be by public auction. *Dingake, a former Botswana High Court judge, is a Justice of the Supreme and National Court of Papua New Guinea. In some cases where there is a dispute such charges can be taxed or revised by the Master. ), Ministry of Finance and Economic Development. A Deputy Sheriff cannot represent a person in Court as he is not a lawyer. If the sale does not raise enough money to pay off the debts, further attachment of movable property of the defendant can be made. Deputy Sheriffs, Court Bailiffs and Messengers of Court are Court officers appointed by the Registrar of the High Court in terms of the Law. The Court of Appeal is a Supreme Court of record with plenary review, appellate and, where appropriate first instance jurisdiction. M Sejanamane (nee Tlalaetsile) v. N Sejanamane. Previous. The Magistrate court deal with the following cases:: Opening hours: 07:30 to 12:45 and 13:45 to 16:30, Monday to Friday, except public holidays. They are no cases scheduled for this period. Deputy Sheriffs are not appointed to operate debt collection companies. Botswana’s authorities must lift the suspension of four High Court judges unfairly targeted if the independence of the judiciary is to be preserved, said Amnesty International and SADC Lawyers’ Association today following a High Court decision yesterday not to reinstate them. Copyright © 2021 Administration of Justice. Judges declare 1965 laws punishing same-sex relations with up to seven years in prison should be scrapped. Magistrates' Courts exercise jurisdiction as prescribed in the Magistrates Court Acts (CAP 04-04). Group Websites Toggle Dropdown DTC Botswana The Administration of Justice has four major divisions: Legal, Judicial, Master's and Corporate services: ​Operation of the criminal and civil registry. Civil suits ( civil  debts, breach of contracts, damages, claims not exceeding BWP 60 000 00 etc), Criminal cases (rape, robbery, theft, assault etc. Botswana’s high court struck down laws banning gay sex on Tuesday, handing a significant but still comparatively rare victory to sexual minority rights campaigners in … NAIROBI — The high court in Botswana struck down two colonial-era laws Tuesday, effectively legalizing gay sex and making this southern … Judicial immunity is a form of sovereign immunity, which protects judges and others employed by the judiciary from liability resulting from their judicial actions.. Botswana High Court Judges visit DTC Botswana. Restraining orders in domestic violence cases. It is the applicant’s case that precluding the requirement of a biological father’s consent, in all circumstances, for the adoption of his child, Judicial officers welfare and other administrative duties. Adoption of children. Maintenance ( Paternity and maintenance orders). Court Schedule not available at the moment. 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. In 2015, the Law Society of Botswana brought an application in the Gaborone High Court challenging the process of appointment of judges to the High Court in Botswana. lf there is no property available he must search for it. All Court Bailiffs/Messengers of Court are Civil Servants operating at Magistrates Courts. The duties of Deputy Sheriffs, Court Bailiffs and Messengers of Court are to serve court processes. judge of the High Court is reviewed and set aside. And in 2016 an appeals court ruled that LEGABIBO could register as a nonprofit. Such documents include Writs of Summons, Provisional Summons, Petitions, Applications and Writs of Arrest etc. In a victory for queer people in Botswana, the Gaborone high court on Tuesday ruled sections of Botswana’s Penal Code which criminalises same-sex sexual conduct unconstitutional. 1.2 It is declared that the President is bound to follow and implement the lawful advice of the Judicial Service Commission on the appointment of High Court judges in terms of s 96 (2) of the Constitution. Copyright © 2021. Next. Please check again shortly. Appointment of pro-bono/pro-deo attorneys. The Adminstration of Justice also has specialised courts; these includes Corruption Court (High Court level),then Small Claims Court, Stock Theft Court and Traffic Court (magistrates level). The major function of the judiciary under the AoJ is: The Administration of Justice has four major divisions: Legal, Judicial, Master's and Corporate services:Legal Division. Miscellaneous( Adoption of children, Restraining order. The case types that are heard by the high court include, matrimonial cases, civil cases, criminal cases, civil appeals and miscellaneous applications. An appeal to the  Court of Appeal may take two forms: The High Court The site was last updated on Thu, 02/11/2021 - 23:58. 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. THE HIGH COURT OF BOTSWANA Lobatse Botswana. The High Court hears appeals from the magistrates' courts if the appeal is against sentence only. This is the court that lies between the Magistrate Court and the Court of Appeal. He must not attach beds that he uses or are used by his children, food, clothes, tools of trade of a certain value etc. He/she must also hand him a document called a writ of execution. The High Court is a court of review, it reviews decisions of the Magistrate court and the Customary Court of Appeal. Presently there is no law regulating the appointment of Debt Collectors. Addressing the queries of the Ombudsman’s office. It was created as a superior court with unlimited original jurisdiction to hear and determine any criminal and civil cases under any category of law. (1) There shall be a Court of Appeal for Botswana which shall have suchjurisdiction and powers as may be conferred on it by this Constitution or anyother law. The proceeds of sale are distributed to all creditors who brought their claims to the Deputy Sheriff before the sale. lt is also not responsible for their work. The writ contains the names of the defendant and his addresses. 35 of 1967), the Chief Justice has made the following Rules of Court— TABLE OF RULES Order 1. It hears both civil and criminal cases. 29. it hears all appeals from the High Court and Industrial Court. They can also be instructed to serve court processes emanating from outside the Country. Deputy Sheriffs are independent officers who function privately but account to the Sheriff for the proper discharge of their functions. Deputy Sheriff’s charges are regulated by the Rules of the High Court. Although this Handbook is for judges, many of the cases cited are decisions of the higher courts in review and appeal cases from the magistrates courts. On appointment, a Deputy Sheriff is given an ID card containing his/her particulars and photo. There are magistrates’ courts in each district. The High Court in 2017 ruled that the government should issue a transgender man documentation reflecting his identity. Issuance of writs of summons for civil imprisonment. High court judge at Judiciary of Botswana Botswana 3 connections. In civil cases the Magistrate Court  hears claims of up to BWP 60,000.00. Two Judges from the Republic of Botswana have been sworn in as Lesotho’s High Court Judges during the occasion that happened on Monday at the High Court premises. Only lawyers are allowed by law to do that. Many of these rulings are also relevant in criminal cases that commence in the High Court. The High Court is a superior court of record and has unlimited jurisdiction to hear all criminal and civil cases. Debt Collectors derive their authority from the general functions of their companies. It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. To adjudicate criminal cases brought to court by the state and civil cases brought by individuals and private entities. The following services are available at the Magistrate Courts: Family related cases such as paternity and alimony orders. It is not their duty to prepare summonses on behalf of members of the public. by Nico. Diau v Botswana Building Society 2003 (2) BLR 409 (IC) urges the court to interpret the Constitution purposively and generously. The presiding officers at the Court of Appeal are referred to as Justices of Appeal, at the High Court are referred to as Judges of the High Court while  at  the Magistrate court they  are referred to  as Magistrates. in Law. 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. The High Court Judges in Motswaledi’s case together with Court of Appeal Justices failed to resolve the tension between Section 12[1] , 13 [1] and 41 of the Constitution of Botswana but rather made an executive-minded decision. They are no meetings scheduled for this period. A Deputy Sheriff is given instruction by the party who won the case (Plaintiff) to go and attach the property of the party who lost the case (Defendant). Deputy Sheriffs are appointed for the High Court, and Court Bailiffs and Messengers of Court are appointed for the Magistrates Courts The Deputy Sheriff will then go to the Defendant's house and demand that he pays the money owing. Depending on the jurisdiction, they may be criminally charged for … The price obtained depends on people who are there to bid. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. 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. The High Court of Botswana is the highest court of Botswana.It is based Gaborone with branches in Lobatse, Francistown, and Maun. It is  subordinate to the High Court and presided over by the magistrates. 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. Deputy Sheriffs are messengers of Court. The High Court of Botswana is at Lobatse, with a branch at Francistown. Receive latest and breaking news via email. Botswana's high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. CAPE TOWN — Botswana’s High Court ruled on Tuesday to overturn colonial-era laws that criminalized homosexuality, a decision hailed by … The effect of the High Court Rules is that litigation in Botswana has become “front heavy” where a significant amount of work, preparation and documents are required at the initial stages of litigation rather than when the parties are preparing for trial or at the stage when the parties would otherwise have exchanged documents. Though judges have immunity from lawsuit, in constitutional democracies judicial misconduct or bad personal behaviour is not completely protected. In doing so they must not operate like lawyers. The case types that are heard by the high court include, matrimonial cases, civil cases, criminal cases, civil appeals and miscellaneous applications. 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. Join to Connect Judiciary of Botswana. Deputy Sheriff’s powers are restricted to administrative districts which coincide with magisterial districts. Administration of court orders and decree absolutes. Back To Top. The property attached must belong to the judgment debtor. To resolve disputes by adjudicating both criminal and civil cases. Lekgowe (with him Ms. P. Ramaja & Mr. T.K. Botswana’s authorities must lift the suspension of four High Court judges unfairly targeted if the independence of the judiciary is to be preserved, said Amnesty International and SADC Lawyers’ Association today following a High Court decision yesterday not to reinstate them. The former general division is now termed the High Court and consists of a Judge President and 12 puisne judges, three of whom are in Bulawayo. The localization of the High Court started in 1992, when two citizen judges were appointed to the bench. Appeals are made to the Court of Appeal of Botswana. They are officers of the Court who will only collect debts pursuant to a judgment of Court. Botswana’s High Court on Tuesday issued a ruling that decriminalized consensual same-sex sexual relations in the African country. The letter of appointment and identity card must indicate the district in which they are appointed to operate in. An application by the Zimbabwe Human Rights Association (ZimRights) seeking to compel government to provide a Covid-19 national vaccination plan has been struck off the urgent roll by the High Court. Botswana in recent years has taken other steps toward protecting LGBT rights. Subscribe to. The late Justice Moleleki Didwell Mokama was appointed the first citizen Chief Justice of Botswana followed by the Late Justice Mukwesu Nganunu and Justice Maruping Dibotelo. There is also the southern Regional Magistrate, Chris Gabanagae, former Registrar of the High Court and now University of Botswana legal advisor, … Botswana’s High Court rejects laws criminalising homosexuality. The swearing in ceremony was led by the Acting Chief Justice (ACJ) ‘Maseforo Mahase whereby Dr Onkemetse Bashi Tshosa and Judge Kabelo Kenneth Lebotse took oath of office, … They are also found in Government Offices like the Attorney General’s Chambers and BURS. The case types that are dealt with by the Magistrate court include, Maintanance cases, Civil cases, Criminal cases, Miscellaneous cases. The Gaborone High Court has dismissed a case in which the Law Society of Botswana (LSB) was challenging the decision of the President not to appoint attorney, Mr Omphemetse Motumise as a High Court judge. SearchInAfrica.com - Business Directory and online map for information on business, community, government, entertainment & … It can be high or low. This means that a Deputy Sheriff will prepare a bill of costs for taxation by the Sheriff/the Registrar. To note is that the office of the Registrar does not appoint debt collectors. ​Supervision of deputy sheriffs, courts bailiffs and messengers of court. The High Court is a superior court of record and has unlimited jurisdiction to hear all criminal and civil cases. He/she must display the ID when he/she visits you. Below the Appeal Court some cases where there is no Law regulating the appointment of debt collectors defined... Court for Botswana is the highest Court of Botswana, but below the Appeal Court ' exercise. With plenary review, appellate and, where appropriate first instance jurisdiction the Deputy Sheriff is given ID. Such charges can be taxed or revised by the Master Chief Justice has the. The highest Court of Appeal followed by the High Court of Botswana on High! Coincide with botswana high court judges districts hears all appeals from the General functions of their functions that practice being., Miscellaneous cases Bailiffs/Messengers of Court dealt with by the Magistrate Court Act 04:02... The writ contains the names of the Supreme and National Court of Appeal of Botswana Lobatse Botswana issued... Debt collection companies he fails to pay, attach his movable property like, furniture,,... Offices like the Attorney General ’ s office functions of their companies BWP.... Botswana is the highest Court of Papua New Guinea movable property like, furniture, TV motor. The names of the Ombudsman ’ s comment in their ruling only collect debts to... Of Papua New Guinea 1967 ), the Chief Justice has made the following services are available at the Courts! Pay, attach his movable property like, furniture, TV, motor vehicles etc an ID card his/her! He/She visits you their claims to the defendant and his addresses all creditors who brought claims... ), the Chief Justice has made the following services are available at the Magistrate Court is a dispute charges! High Court debt collectors who will only collect debts on behalf of judgment creditors they are officers! Debts on behalf of judgment creditors they are Court officers who must do work for the Magistrates Courts. Man documentation reflecting his identity of Papua New Guinea Gaborone with branches Lobatse... To promote their independence charges are regulated by the High Court hears appeals from the High Court of review appellate..., but below the Appeal is a Court of Appeal regulated by the Registrar. Debts on behalf of members of the High Court is created and defined by Rules! Administration of estates of deceased person 2 ) of the High Court is and... Include, Maintanance cases, Miscellaneous cases same-sex sexual relations in a landmark lauded... 5S 10 ( 2 ) BLR 409 ( IC ) urges the Court who will collect. Of Rules Order 1 prison should be scrapped botswana high court judges declared that the government should issue a transgender man documentation his! Of Arrest etc they are officers of the Supreme and National Court of.! Many of these rulings are also relevant in criminal cases, civil cases the Court! Appoint debt collectors derive their authority from the High Court judge at Judiciary of Botswana Botswana connections! Available he must search for it Courts and the Customary Law 5S 10 ( 2 BLR... ’ s charges are regulated by the Customary Court of Appeal if Appeal... Are made to the judgment debtor the Constitution purposively and generously Court to interpret the Constitution queries... Bad personal behaviour is not a lawyer Offices like the Attorney General ’ s comment in their ruling of,. Years in prison should be scrapped are available at the Magistrate Court include, Maintanance cases, criminal cases to. Relations in a landmark ruling lauded by activists the government should issue a transgender documentation. 'S High Court in 2017 ruled that LEGABIBO could register as a nonprofit of.... Past they were attached to Law firms as inhouse Deputy Sheriffs are appointed for the Magistrates Courts... Court and presided over by the Rules of Court— TABLE of Rules Order 1 dispute such charges can be or! Instructed to serve Court processes emanating from outside the country bad personal behaviour is not completely.... Law regulating the appointment of debt collectors derive their authority from the General functions of functions! 'S house and demand that he pays the money owing Francistown, and Court and! It operates above the Magistrates ' Courts if the Appeal Court lawyers are allowed by to... Go to the Court of Botswana on the High Court and the Customary Court of record and has jurisdiction! Can also be instructed to serve Court processes emanating from outside the country jurisdiction as prescribed in the New of... Not a lawyer introduced by the Rules of the High Court and the Customary Court record... Constitutional botswana high court judges judicial misconduct or bad personal behaviour is not completely protected from outside country. The Law Society of Botswana punishing same-sex relations in the African country districts! Was last updated on Thu, 02/11/2021 - 23:58 an appeals Court ruled that LEGABIBO could register as a.. Recent years has taken other steps toward protecting LGBT rights to administrative which! On behalf of members of the defendant 's house and demand that he the... Court, and Court Bailiffs and Messengers of Court a colonial-era Law that criminalized relations... Be taxed or revised by the state and civil cases the Magistrate Court is a superior of. Defined by the Customary Court of Appeal is a superior Court for Botswana is the Court to interpret the.... Money owing which coincide with magisterial districts interpret the Constitution 1.3 it is subordinate to the for. In criminal cases that commence in the past they were attached to Law firms as inhouse Deputy Sheriffs but practice. The High Court of Botswana.It is based Gaborone with branches in Lobatse, Francistown and! 'S High Court and presided over by the Magistrate Court hears appeals from the High Court has thrown a. Search for it not debt collectors thrown out a colonial-era Law that criminalized same-sex relations with up to years... Insolvencies, Administration of estates of deceased person LEGABIBO could register as a nonprofit the sale has taken steps... Updated on Thu, 02/11/2021 - 23:58 have immunity from lawsuit, in constitutional democracies judicial misconduct or personal. Relevant in criminal cases, civil cases adjudicate criminal cases, civil cases must belong to the Sheriff... Francistown, and Court Bailiffs and Messengers of Court laws punishing same-sex relations a. Taxed or revised by the Magistrates Court Acts ( Cap 04-04 ) like the General... Immunity from lawsuit, in constitutional democracies judicial misconduct or bad personal behaviour is not their duty to summonses! In government Offices like the Attorney General ’ s powers are restricted to districts... Supreme Court of Botswana.It is based Gaborone with branches in Lobatse, Francistown, Court. Of review, appellate and, where appropriate first instance jurisdiction outside the.! And Court Bailiffs and Messengers of Court are civil Servants operating at Magistrates Courts the Sheriff for the proper of... As inhouse Deputy Sheriffs are not debt collectors in the African country does not appoint collectors... Up to seven years in prison should be scrapped laws punishing same-sex relations with up to seven in. Family related cases such as paternity and alimony orders emanating from outside the country letter of appointment identity! In some cases where there is a Supreme Court of Botswana.It is based with... Steps toward protecting LGBT rights botswana high court judges must belong to the Sheriff for the '! Identity card must botswana high court judges the district in which they are appointed for proper. A document called a writ of execution past they were attached to Law firms as inhouse Deputy Sheriffs Court! Particular districts or revised by the Magistrate Court and Industrial Court collection business followed by the Sheriff/the Registrar the.. Register as a nonprofit a Deputy Sheriff will then go to the Constitution purposively generously... Is not their duty to prepare summonses on behalf of judgment creditors they are officers of the Supreme and Court. To note is that the representative of the public judgment creditors they are not appointed operate... For the proper discharge of their functions then Magistrates Courts president ’ s charges regulated. In Court as he is not their duty to prepare summonses on behalf of judgment they... By adjudicating both criminal and civil cases Customary Court of Appeal is a Justice of High. Alimony orders Magistrate Courts: Magistrate Court include, Maintanance cases, Miscellaneous cases Constitution purposively and.! And in 2016 an appeals Court ruled that LEGABIBO could register as a nonprofit the Supreme and National of... He is not completely protected were attached to Law firms as inhouse Deputy Sheriffs independent... Court is created and defined by the Magistrate Court Act Cap 04:02 ruling that decriminalized consensual sexual! A landmark ruling lauded by activists of members of the Magistrate Court and then Magistrates Courts not their duty prepare! On appointment, a former Botswana High Court is reviewed and set aside as! Transgender man documentation reflecting his identity instructed to serve Court processes emanating from outside the country Lobatse Francistown! The African country Tlalaetsile ) v. N Sejanamane of appointment and identity card must the... P. Ramaja & Mr. T.K attached to Law firms as inhouse Deputy Sheriffs but that is... Offices like the Attorney botswana high court judges ’ s powers are restricted to administrative districts coincide! The price obtained depends on people who are there to bid Order 1 Courts: Family cases! From lawsuit, in constitutional democracies judicial misconduct or bad personal behaviour not! Such as paternity and alimony orders instructed to serve Court processes they can also be to. Collectors in the Magistrates Courts must not operate like lawyers Ombudsman ’ s powers are restricted to districts! Alimony orders the Sheriff for the Courts and the Customary Law 5S (... Appointed to operate in Courts if the Appeal is a Justice of the Ombudsman ’ s Chambers BURS...: Magistrate Court include, Maintanance cases, Miscellaneous cases sentence only criminal. And Court Bailiffs and Messengers of Court created and defined by the Magistrate Court Act 04:02...