Florida News . Where in any action no step has been taken by either party for six months or more a party may apply for the dismissal of the action or, failing such application by a party, the Registrar shall list it before the judge on a motion day for dismissal for want of prosecution on that date and serve notice thereof on all parties thereto. 4. 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. 31:01); "matrimonial cause" means any action for divorce, nullity of marriage or judicial separation; "motion day" means at least one day in every week, other than during vacation, on which a judge shall sit to hear and consider any matter required under these Rules to be heard on a motion day or any other matter directed by the judge to be so heard. Gay men and other key populations such as trans men and women are disproportionately burdened by HIV infection. High Court Recruitment provides challenging Platform for Graduates, Freshers … 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. Within 14 days after the death of the person, report the death at the Master's Office by delivering the deceased's death certificate and … In proceedings for which forms are not provided in Schedule 1 or prescribed by any enactment, the Registrar may, subject to the approval of the Chief Justice, from time to time, frame such forms as may be appropriate in the circumstances. DPP failed NPF case- High Court rules. 7. 29:06). 9. The High Court of Botswana is the highest court of Botswana.It is based Gaborone with branches in Lobatse, Francistown, and Maun. 1. "sue" and "sued" are used in relation to actions and applications. Amendment of Third Schedule PART XI Procedure before Commencement of Trial A. (1) Service upon a person of a petition, notice, summons, order, pleading or other document of which service is required, may be made by any adult person who has no interest in the cause and is able to explain its nature and contents. 117, 1969,S.I. Pilane (with him Mr. G.I. The Deputy Registrar High Court - Lobatse Private Bag 001 Lobatse Tel: (+267) 5338000 / (+267) 5332317 Fax: (+267) 5332317 Further information on the Originating process can be found in Order 6, Rules of the High Court. (4) Every party whose name is so added as defendant shall be served with a writ of summons, petition or notice of motion in the manner hereinafter mentioned, or in such manner as may be prescribed by a special order, and the proceedings as against such party shall be deemed to have begun only on the service of such writ of summons, petition or notice of motion. 5. (1) A person under disability may not bring, or make a claim in, any proceedings except by his guardian, and may not defend, make a counter-claim or intervene in any proceedings, or appear in any proceedings under a judgment or order, notice of which has been served on him except by his guardian ad litem. These Orders and Rules may be cited as the Rules of the High Court. Insufficiency of sureties 116 . (3) Upon hearing an exception, the judge may-. 6. Any person against whom provisional sentence has been granted may enter into the principal case only if he has satisfied the amount of the judgment for provisional sentence and taxed costs, or if the plaintiff on demand fails to furnish due security in terms of rule 9. (1) An application to set aside any proceedings for irregularity shall be brought under the provisions of rule 1 of Order 33. The Registrar at each Registry shall keep a register to be called the Civil Record Book in which the following particulars shall be recorded-. (2) Before enrolling or applying at any case management conference for the hearing of an exception, the excipient shall, by his notice of exception, accord to his opponent the opportunity of removing his cause of complaint within 10 court days, failing which removal the application may be made. ORDER 1—PRELIMINARY MATTERS . 11. All Rights Reserved. Note 4 at the end of this reprint provides a list of the amendments incorporated. ORDER 23DISMISSAL FOR WANT OF PROSECUTION. Rules of the High Court 3. 29:03), a married person can sue or be sued without the assistance of his or her spouse. 7.-(1) The Judicial and Legal Services Commission may appoint persons admitted as barristers and solicitors in Fiji, or … 5. 8. 4. (a)   dismiss the exception, in which event the subsequent pleading shall be filed and delivered within 10 court days of such dismissal; (i)   dismiss the action or defence, as the case may be, or, (ii)   allow such amendment as may be necessary to remove the cause of complaint, in which event the subsequent pleading shall be filed and delivered in terms of paragraph (a) above; or. (2) Separate covers shall similarly be kept and endorsed for all petitions, originating motions or other originating matters to be presented to court. 8. 4. Upon the day named in the summons the defendant may appear personally or by counsel to admit or deny his liability and may, not later than noon of the court day but one preceding the day upon which he is called upon to appear in court, deliver an affidavit setting forth the grounds upon which he disputes liability. (c)   make such other order as he deems just to ensure the expeditious disposal of the case. (2) Where a writ of summons or other originating process is issued out of the High Court Registry at Francistown, the appropriate office for entering an appearance shall in all cases be the High Court Registry at Francistown. 116, 2004,S.I. (1) Where the application to the judge is for an order affecting the liberty or status of the respondent, the application, petition, summons or writ shall be served by delivery of a copy thereof to the respondent personally, unless the judge for good cause shown gives leave for such application, petition, summons or writ to be served in some other specified manner. 4. HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . (1) A defendant may not enter an appearance to an action after judgment has been entered therein except with the leave of the judge and after such judgment has been set aside. If a partnership is sued and it appears that since the relevant date it has been dissolved, the proceedings shall nevertheless continue against the persons alleged by the plaintiff or stated by the partnership to be partners, as if sued individually. Botswana's High Court has overturned a colonial-era law criminalizing consensual same-sex relations in a landmark victory for Africa's LGBTQ movements. A party suing or defending by an attorney shall be at liberty to change his attorney in any cause upon not less than five court days' written notice of such change being filed with the Registrar and served on all other parties, together with a power of attorney and notice of substitution from his new counsel, or a notice that he will thenceforth represent himself, in which case he shall notify a physical and postal address for service within the jurisdiction. Taxation and tariff of fees of attorneys, 76. (4) An application under subrule (1) or (2) must be supported by evidence proving-. (2) A public company may not enter an appearance in the action or defend it otherwise than by counsel. The judge may for good cause shown order the plaintiff's claim and the claim in reconvention to be tried separately. The case was brought by a young activist who said Botswana’s society … (1) As soon as a writ of summons is issued, the Registrar shall prepare a cover endorsed with the reference of the judge in which all pleadings, applications, affidavits and other processes or proceedings relevant to the case shall be filed. 7. 4. (2) A memorandum of appearance must be signed by the attorney by whom the defendant appears, or, if the defendant appears in person, by the defendant. 8. 4. 4. 18. 8. 9. (8) For the purposes of compliance with subrules (6) and (7) the party or his attorney shall present to the officer in the Registry the original and one copy of the document for retention by the officer, and one copy for the party or his attorney, and as many other copies as are required for service. 41, 2005,S.I. 65, 1971,S.I. 16, 1986,S.I. (b)   a defendant alleges that any member, servant or agent of the plaintiff association will be responsible in law for the payment of any costs which may be awarded against the association. 2. (4) If the plaintiff (or defendant in the case of proceedings involving a third party) experiences difficulty in effecting service on a corporation or company under rule 2(2)(f), he may apply under subrule (3) for leave to effect substituted service. © 2018 LGBT Token Foundation Ltd. All rights reserved, High Court ruled that the government had to allow. (a)   by delivering a copy thereof to the said person personally: (i)   where such person is a minor or a person under legal disability service shall be effected upon the guardian, tutor, curator, or the like of such minor or person under disability; and. Please click here to subscribe to a subscription plan to view this part of the article. Botswana legalizes being gay as High Court overturns Colonial-era law. With this decision, the court has continued its record of trailblazing recognition of the human rights of LGBTIQ people in the country. Botswana Children Act 08 of 2009. Activists immediately celebrated the landmark ruling. The judge may order to be struck out from any affidavit any matter which is scandalous, vexatious or irrelevant. (2) Upon failure of the other party to deliver the said statement or particulars within the time allowed, the party requiring the better statement or further particulars may apply for an order on a motion day, or make application for directions under Order 28. 3. 5. 7. 4. 123, 1971,S.I. 11. 13. The court dismissed the “no case to answer” that Morupisi and his wife had brought before the court. Trade Unions and Employers' Organisations Rules. Change of place of trial 135 . 11. 16. Joinder of parties and consolidation of actions, 18. 2. Wherever the contents of any document are material, it shall be sufficient in any pleading to state the effect thereof as briefly as possible, without setting out the whole or any part thereof, unless the precise words of the document, or any part thereof, are material. (4) A plaintiff suing a partnership and alleging in the writ of summons or notice of motion that any person was at the relevant date a partner, shall notify such partner accordingly by delivering a notice as near as may be in accordance with Form 11 in Schedule 1. ORDER 8SERVICE OF SUMMONS, WRITS, NOTICES AND OTHER DOCUMENTS. If in any pleading a party fails to comply with any of the provisions of this Order, such pleading shall be deemed to be an irregular step, and the other party or parties or any of them shall be entitled to act in accordance with Order 33. Lekgowe (with him Ms. P. Ramaja & Mr. T.K. 3. (iii)   disfigurement with a full description thereof, and stating whether it is temporary or permanent. (ii)   copies of the documentary exhibits to be relied upon or, in the case of a running account, a statement of account from inception stating with descriptions thereof all debits and credits and the outstanding balance. (5) The same rule stated in the preceding provisions of this rule shall apply to any allegation in subsequent pleadings, except where a joinder of issue is justified. (2) Except in the case of arrest; writs of summons, petitions, notices, summonses, orders, pleadings and other documents shall not be served on a Sunday or between 7 p.m. and 7 a.m. of any other day, and no such service shall be valid if made. Such summons shall be issued by the Registrar and the provisions of rules 4 and 10 of Order 6 shall mutatis mutandis apply. 1* RULES REGULATING THE CONDUCT OF THE PROCEEDINGS OF THE SEVERAL PROVINCIAL AND LOCAL DIVISIONS OF THE HIGH COURT OF SOUTH AFRICA . ORDER 2GENERAL FORMS OF PROCESS, FEES, ETC. (3) Where a writ of summons or other originating process is … (i)   the earning of income (stating earnings lost to date and how the amount is made up, and the estimated future loss, and the nature of the work the plaintiff will in future be able to do), (ii)   the enjoyment of amenities of life (giving particulars) and stating whether the disability concerned is temporary or permanent, and. Sureties not discharged until sentence or discharge of the accused 119 . 2. The main sources where civil procedures can be found in Botswana are the rules and statutes of the courts/bodies that hear the matter. 13. 02:05). 2. The documents referred to in rule 3(2) are the following-. (6) The officer in the Registry to whom pleadings, petitions, applications, affidavits and all other process, proceedings or other document relevant to the case are presented for filing shall impress the date stamp provided for that purpose on each original document and every copy presented, and shall also append his signature below the date and time impressed by the date stamp. 15. 2. Judge Michael Leburu set aside colonial-era legislation and ordered the law be amended. (3) The writ of summons and all other documents in any cause shall be numbered by the Registrar before issue with a consecutive number for the year and the cause shall, at the time of issue, be entered by him in the Civil Record Book under that number. 6. 7, 1991,S.I. did not file any opposing papers within the time allowed by the rules, nor within the extended period. Botswana's high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. 2. (1) Every action, other than process for the arrest of the defendant, shall, where service is to be effected within the jurisdiction, be commenced by a writ of summons, petition or notice of motion (in this rule collectively referred to as "originating process") signed by the Registrar and date-stamped with the stamp of the court. 1. Nothing in this Order shall preclude the institution of fresh proceedings on the same cause of action, subject to the law relating to prescription. Where in any action any person has been improperly or unnecessarily joined as a co-plaintiff, and a defendant has set up a counter-claim or set-off, he may obtain the benefit thereof by establishing his set-off or counter-claim as against the parties other than the co-plaintiff so joined, notwith-standing the mis-joinder of such plaintiff or any proceeding consequent thereon. Special cases and adjudication on point of law, 39. 10. 3. 15. People who Opening hours 07:30 to 12:45 and 13:45 to 16:30, Monday to … 17. 73, 2006,S.I. (a)   insofar as the third party's plea relates to the claim of the party issuing the notice, the said party shall be regarded as the plaintiff and the third party as the defendant; (b)   insofar as the third party's plea relates to the plaintiff's claim, the third party shall be regarded as a defendant, and the plaintiff shall file pleadings as provided by the said rules. 1. (6) Immediately on entry of appearance to defend, the Registrar shall deliver the file to the judge. 11. 14. Share. 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. Any party who has been joined as such by virtue of a third party notice may at any time make application to the judge for the separation of the trial of all or any of the issues arising by virtue of such third party notice, and the judge may upon such application make such order as to him seems meet, including an order for the separate hearing and determination of any issue, on condition that his decisions on any other issue arising in the action, either as between the plaintiff and the defendant, or as between any other parties, shall be binding upon the applicant. 15. Any person desiring to obtain leave to effect service outside Botswana of any document other than one whereby proceedings are instituted may either make application for such leave in terms of rule 2 or request such leave at any hearing at which the judge is dealing with the matter, in which latter event no papers need be filed in support of such request and the judge may act upon such information as may be given from the Bar, or given in such manner as he may require, and may make such order as to him seems meet. (1) Should the plaintiff fail to file and serve his declaration within the time allowed, the defendant may, on notice, make application on a motion day for dismissal of the action, or make application for directions under Order 28. 2. (1) In urgent applications the judge may dispense with the forms and service provided for in these Rules and may dispose of such matter at such time and place and in such manner, and in accordance with such procedure (which shall as far as practicable be in terms of these Rules) as to him seems meet. (a)   the said actions shall proceed as one action; (b)   the provisions of this Order shall mutatis mutandis apply with regard to the action so consolidated; and. 05:03). (2) On hearing an application to strike out, the judge may-, (a)   dismiss the application, in which event the subsequent pleading shall be filed and delivered within 10 court days thereafter; or, (b)   order to be struck out the offending averments or any part thereof; or. (2) If when an opposed application or petition is called, the respondent appears but the applicant or petitioner does not appear, the respondent may apply for the dismissal of the application or petition, and the judge may thereupon dismiss the application or petition, or make such other order as he sees fit. Any application to add to or strike out or substitute a plaintiff or defendant may be made to the judge at any time before trial by motion, or at the trial of the action in a summary manner and may be granted on such terms as the judge deems fit. Botswana High Court judges stated that “a democratic society is one that embraces tolerance, diversity and open-mindedness” as well as highlighting that discrimination serves to hold back not only LGBTIQ people, but society as a whole by stating that “societal inclusion is central to ending poverty and fostering shared prosperity,”, on 11 June 2019. A partnership or an association may sue or be sued in its name. (5) Where the defendant enters an appearance by an attorney who is acting as agent for another attorney, having a place of business within the jurisdiction, the memorandum of appearance must state that the first-named attorney so acts, and must also state the name and address of that other attorney. 5. (2) Such notice shall be complied with within seven court days. (2) Subject to any special provisions in these Rules, the documents must be served-, (a)   in the case of a minor who is not a patient, on his guardian, or, if he has no guardian, on the person with whom he resides or in whose care he is; or, (b)   in the case of a patient, on the person (if any) who is authorised under any written law to conduct in the name of the patient or on his behalf the proceedings in connection with which the document is to be served, or, if there is no person so authorised, on the person with whom he resides or in whose care he is, and. 29 September 2017, Gaborone, Botswana. (1) Every pleading shall be legibly written or typed on A4 paper, and shall, when necessary, be divided into paragraphs numbered consecutively, each paragraph containing as nearly as may be a separate allegation. (a)   within the time stated in the said notice, give the applicant notice in writing that he intends to oppose the application and in such notice appoint a physical and postal address within Botswana at which he will accept notice and service of all documents; (b)   within 14 court days of the service on him of the notice of motion, deliver his answering affidavit, if any, together with any relevant documents; or. (2) Prior to the issue of any such writ, the plaintiff shall lodge with the Registrar an affidavit sworn to by the plaintiff, or his agent, or his servant, in which shall be set forth all facts which would justify the Registrar in issuing, or refusing to issue, the said writ, and in particular the following-. The unanimous decision ruled that current laws were discriminatory, against public interest and unconstitutional. 4. 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). Tariff of allowances payable to witnesses in civil proceedings in the High Court, 78. (1) Every petition shall conclude with the form or order prayed and be verified upon oath by or on behalf of the petitioner. 3. 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, … (1) No originating process shall, in the absence of service thereof or the taking of a further step, be in force for more than six months from the date of issue thereof, including the day of such date; but if any defendant named therein has not been served therewith the plaintiff may, before the expiration of the six months, apply to the Registrar in writing for leave to renew the originating process. 2. IN EXERCISE of the powers conferred on the Chief Justice by section 26 of the High Court Act, the following Rules are hereby made — 1. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. (4) If the better statement or further particulars are still not delivered within the stated period, the requesting party may apply for an order on a motion day, or make application for directions under Order 28. (6) After delivery of the better statement or further particulars, the requesting party shall deliver his plea or replication or other answer within 10 court days of such delivery. Advocates and Attorneys: warrants to sue and defend, 8. (iii)   the address of its registered office, if any. (2) There shall be endorsed on every affidavit a note showing on whose behalf it is filed, and no affidavit shall be used without such note, unless the judge otherwise directs. About the High Court . 2. (10) Where an application cannot properly be decided upon affidavit, the judge may dismiss the application or the judge at the pre-trial conference may make such order as to him seems meet with a view to ensuring a just and expeditious decision; and in particular, but without affecting the generality of the foregoing, he may direct that oral evidence be heard on specified issues with a view to resolving any dispute of fact and to that end may order any deponent to appear personally or grant leave for him or any other person to be subpoenaed to appear and be examined and cross-examined as a witness, or he may refer the matter to trial with appropriate directions as to pleadings or definition of issues or otherwise. Service shall be proved in one of the following manners-. A copy of the declaration shall be delivered by the plaintiff to the defendant on the same day as it is filed with the Registrar, or as soon thereafter as is practicable. (a)   as against any other person not a party to the action (hereinafter called a "third party"), that such party is entitled in respect of any relief claimed against him, to a contribution or indemnification from such third party; or. 2. "association" means any unincorporated body of persons capable of owning a beneficial interest in property not being a partnership and shall include a trust; "plaintiff and defendant" include applicant and respondent. In over 70 countries around the world, LGBT people are criminalized. 6. (9) The parties to any opposed application shall no later than two court days before the hearing file and serve heads of argument stating the authorities and principles on which they intend to rely, and the judge may if he deems fit limit the time for presentation of oral argument in the interests of expedition. (aa)   his residence or place of business, and, where known, his occupation, and, if he is sued in a representative capacity, the capacity in which he is so sued. The judge may hear oral evidence as to the authenticity of the defendant's signature or that of his agent, to the documents upon which the claim for provisional sentence is founded. The production of originating process purporting to be marked with the stamp of the court, showing the same to have been renewed in the manner aforesaid, shall be sufficient evidence of its having been so renewed, and of the commencement of the action as of the date of first issue of such renewed originating process for all purposes. High court of Botswana Private Bag F13 Francistown Tel: (+267) 2412125 / (+267) 2416378 Fax. Copies of all documents upon which the claim is founded shall be annexed to the summons and served with it. It was created as a superior court of record with, unlimited original jurisdiction to hear and determine any criminal and civil cases under any law. In any action in which the defendant sets up a claim in reconvention and the action of the plaintiff is stayed, discontinued or dismissed, the claim in reconvention may nevertheless be proceeded with. The Registrar shall not accept and file any document or issue any writ of summons, subpoena or other process or order of court unless the prescribed fee has been paid, except where the party has been granted leave to proceed under Order 46 or an order dispensing with the payment of fees has been made under Order 2. 6. (1) Every writ of summons shall be made returnable to the High Court at the place at which appearance is required to be entered and the writ shall be endorsed and returned thereto by the person who served the writ after service thereof has been effected. Botswana ruled to decriminalize homosexuality, by ruling to remove 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 against the order of nature”, and prescribe a prison sentence of up to 7 years for those found guilty. 10. If the defendant on the return day or on the day of the anticipation of the same as aforesaid admits the claim contained in the process, final judgment shall be given against him and he shall be discharged from such arrest. A writ of arrest may be executed on any day and at any hour and at any place except in regard to members and officers of Parliament during such period as may be prescribed under the National Assembly (Powers and Privileges) Act (Cap. UNIFORM RULES OF COURT. (1) Any person desiring to obtain such leave shall make application to the judge setting forth concisely the nature and extent of his claim, the grounds upon which it is based and upon which the judge has jurisdiction to entertain the claim, and also the manner of service which the judge is asked to authorise. 9. (1) A plaintiff suing an association may include in any writ of summons or notice of motion a notice calling for a certified copy of its current constitution and a list of the names and addresses of the office bearers and their respective offices at the relevant date. (1) In any action, any party may make application for directions in respect of any interlocutory matter on which a decision may be required, either by notice on a motion day or at a case management conference. Where the judge is of opinion that any allegation of fact denied or not admitted by the defendant ought to have been admitted, the judge may make such order as shall be just with respect to any extra costs occasioned by it having been denied or not admitted. A plaintiff suing for damages shall set them out in such manner as will enable a defendant reasonably to assess the quantum thereof: Provided that a plaintiff suing for damages for personal injury shall specify his date of birth, the nature and extent of the injuries and the nature, effects and duration of the disability alleged to give rise to such damages, and shall, as far as practicable, state separately what amount, if any, is claimed for-. (2) The endorsement of service shall be made on the writ within three court days of the service thereof and the writ so endorsed returned to the High Court as soon as possible thereafter. 4. The judge may receive any affidavit sworn for the purpose of being used in any cause, notwithstanding any defect by misdescription of the parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received. A declaration shall be filed within 14 court days of entry of appearance, and may be accompanied by an application for summary judgment. High Court - Francistown Private Bag F13 Francistown Tel: (+267) 2412125 / (+267) 2416378 Fax: (+267) 2416378. 5. (b)   alternatively, directions as to the further prosecution of the claim. A claim in reconvention shall be filed with the defendant's plea, and a copy thereof delivered to the plaintiff. 5. (3) No such application shall be brought unless 10 court days notice has been given to the offending party to remove the cause of complaint and he has failed to do so. Application of these Rules shall be directed towards the achievement of a just, efficient and speedy dispensation of justice. 1. 8. High Court Recruitment 2020-21-19|Jobs (Careers, Vacancies) in High Court . 1. Botswana's high court to rule on anti-gay laws | News Central TV A Botswanan court plans to rule on whether or not to scrap anti-gay laws that exist under the country's penal code of 1965. Botswana’s high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. Of proceedings by or against partnerships and associations, 35 ordered the law had faced threat... And not in words or remedy sought in the manner required by these Rules, 2004 ( CI 47 ARRANGEMENT... Rules government must register gay rights Advocacy Group ( Mar in bar in... Better statement or further particulars within a stated period his wife had brought before the,! Her spouse opposing the grant of an appellant unless- not be registered at than! 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