Magistrate court act botswana pdf

The court is the final arbiter of all legal matters in botswana. Except where the context otherwise requires, the provisions of any other law in force in botswana relating to evidence or procedure in civil or criminal proceedings shall not have any application to the proceedings of a customary court or to proceedings transferred to a magistrates court under section 37, to revisory proceedings in a magistrates court under section 39 or appellate proceedings therein under section 42. Arrest and punishment for failure to obey subpoena or to remain in attendance 67. Diau v botswana building society 2003 2 blr 409 ic urges the court to interpret the constitution purposively and generously. Criminal procedure act, 1977 means the criminal procedure act, 1977 act no. Originating application that may be commenced in lagos state. Grade i or over in accordance with the magistrates courts act.

Signed by the officer administering the government in afrikaans. In this act, unless the context otherwise requires bailiff means a court bailiff of the land tribunal appointed in terms of section 21. In this schedule the rules means the rules published under government notice no. Pdf administration of justice in botswana fiat justitia. This act may be cited as the court of appeal act, 2016, and shall come into operation on such date as the minister may appoint by statutory instrument. In 2009, botswana, which is a state party to the convention on the rights of the child, passed milestone piece legislation in its quest to realise the rights of the child in the country, the childrens act 2009. Cs namakula the court record and the ri ght to a fair. An act to provide for the consolidation of provisions relating to the judicature in respect of the offices and salaries and allowances of the president of the court of appeal and justices of appeal judges, the chief justice and high court judges, the conditions of appointment and tenure of office of judges and the remuneration and conditions of. Botswanas legal system and legal research globalex.

Magistrate court civil rules, 2018, statutory instrument 11 of 2019. This act concerns the establishment, recognition, functioning and jurisdiction of customary courts and related matters. Aug 23, 2010 clerk of the court means a clerk of the court appointed under section of the act and includes an assistant clerk of the court so appointed. Pdf the court record is everything to the judicial process. Nothing in these rules shall authorize the service of any summons or process outside botswana without the leave of a judge. Rules of court the rules board for courts of law has, under section 6 of the rules board for courts of law act, 1985 act no. Act, as the case may be summons includes charge telegraph. Supplement a botswana government gazette dated 2nd november, 1990. The jurisdiction vested in magistrates shall be exercised so far as regards practice and procedure in the manner provided by this act and the criminal procedure code, or by such rules and orders of court as may be made pursuant to this act and the criminal procedure code, and in default thereof, in substantial conformity with the law and practice for the time being observed in england in the county courts and courts of summary jurisdiction. Civil procedure and the high court rules in botswana john. The botswana directorate on corruption and economic crime dcec was formed in august 1994 through an act of parliament, against the background of a number of scandals in botswana s public sector.

Civil procedure and the high court rules in botswana john carrhartley, partner there are a number of factors in the botswana civil procedure which are significantly different from other jurisdictions, and particularly the south african civil procedure, and which you need to be aware. Affidavits shall be sworn before a judge, magistrate, registrar, commissioner for oaths, any. Pdf the court record and the right to a fair trial. The order of seniority or status of the court is as set out in the order of the numbering.

Magistrates courts act 32 of 1944 south african government. Court may order act to be done at expense of disobedient party. Child maintenance an unmarried fathers perspective. An act to reenact with amendments the provisions relating to the public service of botswana and. Countryterritory zimbabwe document type legislation date 1898 2003 source fao, faolex long title an act to consolidate and amend the law relating to courts of magistrates, and to provide for the examination, by interrogatories, of persons resident in zimbabwe, whose evidence is required in civil cases pending in any magistrates court in any neighbouring state. The superior court in botswana is the court of appeal, followed by the high court, which stands superior to the magistrates court. An act to make provision for the jurisdiction, powers, practice and procedure of the title 7 supreme court of zimbabwe and for the making of rules and regulations in connection therewith.

Lubabalo booi has been a law librarian at the university of cape town law library since 2003. Jurisdiction of courts 1 a court shall have jurisdiction to grant an order under this act within the area in whicha the applicant resides, carries on business or is employed. The superior court for customary courts is the customary court of appeal and in descending order to the headmans court as the lowest court. The court of appeal is the apex court, the highest and final court in the land. This has enriched the court and brought diversity and dynamism in the court. Where a magistrate has issued any summons or warrant or otherwise taken or commenced any proceeding or matter whether civil or criminal, under any authority however conferred, and subsequently ceases to act as such magistrate, it shall be lawful for the person in whose hands such summons or warrant may be to execute or serve the same in the. I botswana customary law act, 1969 7 proposed section 31al what a subordinate court would have done if it had decided that a case was justiciable under customary law but at the same time that it was not in the interests of justice to transfer the case to a customary court, it is clear that the new provisions were conceived on the. Oaths to be taken by judges of high court part ii court of appeal. Botswana and the convention on the rights of the child. Magistrates courts amendment act 8 of 1967 general law amendment act 70 of 1968 establishment of the northern cape division of the supreme court of south africa act 15 of 1969 magistrates courts amendment act 17 of 1969 general law amendment act 101 of 1969 general law amendment act 17 of 1970 magistrates courts amendment act 53 of 1970.

Thus the superior court for botswana is the court of appeal followed by the high court and then magistrates courts. Magistrates courts amendment act, 2007, 2007 uganda. This act may be cited as the magistrates court act chapter 7. Part ii establishment of magistrates courts, appointment of magistrates and law to be administered. Mar 12, 2020 obtain a complaint form from the clerk of court and fill it at any magistrate court in your locality. Sections 9 and 12 amended by judicial matters amendment act 8 of 2017. The courts of botswana play a vital role in administering justice for all and ensuring the rule of law.

Jurisdiction and composition of the courts of botswana. The stock theft act and customary courts in botswana. After completing the form, have it commissioned by the commissioner of oaths e. The magistrates courts civil procedure rules arrangement of rules order 1 commencement of proceedings rules 1. The zimbabwe electronic law journal now a refereed journal and the editors invite you to contribute articles for future volumes. Botswanas affiliation proceedings amendment act, 1999. Lubabalo holds a bsocsc bachelor of social science, and pg post graduate diploma in library science both from the university of cape town. This act may be cited as the magistrates courts act 1 984, and shall come into operation such date as the, minister may, by order published in. Currently, there are eight expatriate judges of the court of appeal, drawn from different parts of the commonwealth. Signed by the officer administering the government in. Witness refusing to be examined or to produce document may be committed 69. Act 7 magistrates courts amendment act 2007 1a in particular, the court shall, when conducting a trial of the offence of defilement, consider the need, in the interest of the child, to exercise its power under article 282 of the constitution, to exclude the press and the public from the proceedings before the court for reasons of. Magistrate s court for the parish in which such l the inclusion of this page is authorized by l.

Magistrates courts act uganda legal information institute. Procedure on transfer from customary court to magistrates court. The botswana directorate on corruption and economic crime dcec was formed in august 1994 through an act of parliament, against the background of a. Court of appeal act no 7 of 2016 national assembly. Votes of twothirds of the assembly chapter vi the judicature part i the high court. The management of high court records in botswana request pdf. Jurisdiction and composition of the courts of botswana free download as powerpoint presentation.

Botswana is a dual legal system in that both customary law and english common law operates concurrently and independent of one another. It is the applicants case that precluding the requirement of a biological fathers consent, in all circumstances, for the adoption of his child. High court may try case wherever offence committed. In this act, unless the context otherwise requires appellant means a party appealing to the court from a judgment of the high court or a quasi judicial body, except. This act may be cited as the land tribunal act, 2014, and shall come into operation on such date as the minister may, by order published in the gazette, appoint. Magistrates courts act table of contents rules of court.