magistrate court rules botswana pdf

Preliminary (ss 1-2) 1. Supervisory powers by Chief. In this Act, unless the context otherwise requires- "bailiff" 39. 45. Review as of course. Courts of appeal. BLUE BOOK - BOTSWANA 17 (2) Witnesses attending before a Land Tribunal, at the instance of Tribunal, shall be entitled to be paid fees or allowances on the same scale as are applicable in a magistrate's court. P30,000 Iii. "court" means the High Court of Botswana; "Registrar" means the Registrar of the High Court of Botswana. Power of appeal. (3) Any person subpoenaed to attend before a Land Tribunal who, 95. Jurisdiction and composition 96. 44. Establishment and Nature of Courts (ss 3-7) 3. Execution of orders of High Court, magistrates' courts or other customary courts. 4. The order of seniority or status of the court is as set out in the order of the numbering. Summons in magistrate's court 127 . 43. Charges in remitted cases C. INDICTMENTS AND SUMMONSES 128 . Tenure of office of judges of High Court 98. 4. This Act may be cited as the Magistrates' Courts Act. Service of any documents of the court under this Act, shall be-(a) effected by the clerk of the court, member of the Botswana Police Service, member of the Local Police or a Deputy Sheriff who shall deliver a certified copy of the documents to the respondent; and (b) … When parties wish to have a matter heard, they approach their district Magistrate. Appointment of judges of High Court 97. 2. The courts of Botswana shall, within the limits of their jurisdiction, apply customary law in all cases and proceedings in which, by virtue of the provisions of this Act or any other law, customary law is properly applied and where it is not properly appl ied such courts shall apply the common law. Votes of two-thirds of the Assembly CHAPTER VI The Judicature PART I The High Court . Chief and Regional Magis.- P40,000/ II.-Principal Magis. Application of other rules. 123 . PART I . Revisory powers of the magistrates' court. Nature of the courts and force and effect of process (1) Every court shall be a court … 99. Appeals. Subject to the provisions of these Rules and of any enactment, the Rules of the High Court shall apply with the necessary modifications to the practice and procedure in matrimonial proceedings in the High Court. Finally, we have Magistrates Courts. Magistrates Courts are created by statute, the Magistrates Courts Act, as subordinate courts. 4. 3. 47. Constitution_Of_Botswana.TXT PART VI Interpretation 94. Lodging of charges in a magistrate's court 126 . 40. An Act to make provision for magistrates' courts and for the jurisdiction of persons presiding over such courts and matters incidental thereto or connected therewith. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. MAGISTRATE COURTS see s. 17 of Magistrate Courts Act POWER in terms of max.punishment and fine in criminal cases or damages in civil cases 1. territorial jurisdiction matters within its district Pecuniary jurisdiction section 30- civil claims not exceeding i. Appeals out of time. Oaths to be taken by judges of High Court PART II Court of Appeal . The rules of civil procedure in the Magistrates Courts of Zimbabwe - When rules of civil procedure become an enemy of justice to self-actors.pdf The Zimbabwe Electronic Law Journal Commentary on Contemporary Legal Issues These are usually the courts of first instance. 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. Procedure on transfer from customary court to magistrate's court. 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. They are supervised by the High Court, through various powers. 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. Short title . 46. When the case is pending B. SUMMONSES AND CHARGES IN MAGISTRATES' COURTS 125 . Interpretation . 41. Charge in the High Court to be laid in an indictment 124 . 42. Are supervised by the High Court PART II Court of Appeal followed by the Court. I the High Court and then Magistrates Courts Act of Appeal followed by the High Court and then Magistrates Act. 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