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)   in the manner required by these Rules with respect to the document in question. Please click here to subscribe to a subscription plan to view this part of the article. 4. (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. Before issue, every originating process shall contain the following particulars-. 61:01); "attorney" means an attorney duly admitted and still enrolled on the Roll of Legal Practitioners under section 13 of the Legal Practitioners Act (Cap. Botswana Children Act 08 of 2009. (section 28) 3. (1) A cause, once registered, may not be withdrawn without leave of the judge to whom it has been allocated. 4. Botswana's High Court has ruled in favour of decriminalising homosexuality in a landmark decision for campaigners. These rules are administered by the Ministry of Justice. A defendant to an action may at any time before entering an appearance therein, or, if he has entered a conditional appearance, within 14 court days after entering the appearance apply to the judge for an order setting aside the writ of summons or the service thereof on him, or declaring that the writ of summons has not been duly served on him, or discharging any order giving leave to serve the writ of summons on him out of jurisdiction. 12th June 2019. (3) Notwithstanding anything in subrule (2), the judge may order that a document which has been, or is to be, served on the person under disability, or on a person other than a person mentioned in that subrule, shall be deemed to be duly served on the person under disability. Where in any action the set-off or claim in reconvention is established as a defence against the plaintiff's claim, the judge may, if the balance is in favour of the defendant, give judgment for the defendant in such balance, or may otherwise adjudge to the defendant such relief as he may be entitled to upon the merits of the case.    ORDER. 1. (1) No cause shall be defeated by reason of the mis-joinder or non-joinder of parties, and the judge may in every cause deal with the matter in controversy so far as regards the rights and interests of the parties actually before him. (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. 117, 1969,S.I. ORDER 2GENERAL FORMS OF PROCESS, FEES, ETC. 8. 7. 9. (k)   any subsequent proceedings and remarks. 6. How do I get this service? (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. Case management: allocation of cases and case management conferences, 43. Any person against whom an interim order is granted ex parte may anticipate the return day upon delivery of not less than 24 hours' notice. Any summons, writ, warrant, rule or notice, or other process, document or communication which by law, rule of court, or agreement of the parties is required or directed to be served or executed upon any person or left at the house or place of abode or a place of business or employment of any person in order that such person may be affected thereby may be transmitted to the server by telegraph or telefacsimile and a telegraphic or telefacsimile copy served or executed upon such person or left at his house or place of abode or business or employment shall be of the same force and effect as if the original had been shown to or a copy thereof served upon such person, or left as aforesaid, as the case may be. Where there are numerous persons having the same interest in one cause, one or more of such persons may sue or be sued, or may be authorised by the judge to defend such cause on behalf of or for the benefit of all persons so interested, provided that he or they are duly authorised to represent all such persons. The applicant sought rescission of the judgment in terms of Order E 48 rule 1(a) of the Rules of the High Court (Cap 04:02) (Sub Leg), alternatively, Order 30 rule 11 of the Rules of the High Court. (2) A judge may, on account of the poverty of any party, although such party may not have been formally admitted to sue or defend as a pauper, or for other sufficient reasons, dispense, if he sees fit, with the payment of any fees. ORDER 1—PRELIMINARY MATTERS . 116, 2004,S.I. © 2018 LGBT Token Foundation Ltd. All rights reserved, High Court ruled that the government had to allow. 11. (7) If any party to such proceedings disputes such status, the judge may at any time decide that issue in limine. Botswana’s high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. 10. High Court - Francistown Private Bag F13 Francistown Tel: (+267) 2412125 / (+267) 2416378 Fax: (+267) 2416378. (1) A plaintiff suing a partnership may include in any writ of summons a notice calling for particulars of the full name and residential address of each partner as at the relevant date. This is the court that lies between the Magistrate Court and the Court of Appeal. (a)   grant judgment in the action or claim in reconvention; (c)   make such other order as he deems just for the expeditious disposal of the case. 10. Title of Parties . 4. A declaration shall be filed within 14 court days of entry of appearance, and may be accompanied by an application for summary judgment. The case was brought by a young activist who said Botswana’s society had changed since sections of the country’s … "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. 1. (f)   a statement of the nature of the claim made and of the relief or remedy sought in the action; and. (1) Subject to the provisions of this Order, an originating process may, before service, be amended by the plaintiff as he thinks fit. (2) Subject to the provisions of these Rules, anything which in the ordinary conduct of any proceedings is required or authorised by a provision of these Rules to be done by a party to the proceedings shall or may, as the case may be, if the party is a person under disability, be done by his guardian or guardian ad litem. Commencement of Proceedings . 13. 2. 2. 10. S.I. 11. Lekgowe (with him Ms. P. Ramaja & Mr. T.K. (3) Concurrently with the said statement, the defendant shall serve upon the persons referred to in subrule (2) a notice as near as may be in accordance with Form 11 in Schedule 1 and deliver proof by affidavit of such service. The publishers do not accept any liability whatsoever arising from any errors or omissions to any person acting or refraining from acting as a result of the information contained in this publication. Any condition precedent, the performance or occurrence of which is intended to be contested, shall be distinctly specified in his pleading by the plaintiff or defendant, as the case may be, with a specific averment as to whether or not is was fulfilled. We are sending you simultaneously with this explanatory note a Power of … Botswana’s High Court Rules Homosexuality Is Not A Crime. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. (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. (5) If the judge so directs, notice of an application under subrule (1) or (2) need not be served on a person under disability. (4) Where service by publication is ordered, it may be in a form as near as may be in accordance with Form 3 in Schedule 1, approved and signed by the Registrar. 3. 5. 3. Except where proceedings by way of petition are prescribed by law, every application shall be brought on notice of motion supported by an affidavit as to the facts upon which the applicant relies for relief, and the notice of motion shall be in Form 4 in Schedule 1 with such variations as circumstances require, and shall state the rule under which the application is brought. Botswana's High Court Rules Homosexuality Is Not A Crime . 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. 11. (b)   copies of all the documentary exhibits to be relied upon in the defence. (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. The casual manner in which she treated this matter and her open contempt of the processes of this court were intolerable. Persons committed to be brought to trial at the first session provided 31 days have elapsed from commitment 134 . 121, 1982,S.I. 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. 8. The LGBT Foundation is a not-for-profit organization with the mission to create the LGBT Token cryptocurrency and utilize blockchain technology to achieve equal rights and acceptance for all members of the LGBT+ community worldwide. (1) Every petition shall conclude with the form or order prayed and be verified upon oath by or on behalf of the petitioner. (a)   a written consent to be guardian or guardian ad litem, as the case may be, of the person under disability in the cause in question given by the person proposing to be such guardian or guardian ad litem; (b)   except where the person proposing to be such guardian or guardian ad litem of the person under disability, being a patient, is authorised under any written law relating to mental health to conduct the proceedings in the cause in the name of the patient or on his behalf, a certificate made by the attorney for the person under disability certifying-. This means therefore, that the doors of the High Court are open for cases of all types, from family matters to Criminal matters. 10. (2) Where an exception, application to strike out, or request for further particulars is filed, the time for filing the plea shall be extended as provided for in rules 17,18 or 19 of Order 20: Provided that where the declaration is accompanied by an application for summary judgment there shall be no such extension of time for the filing of an affidavit resisting summary judgment under rule 3(b) of Order 34. 2. (3) Subrules (1) and (2) shall apply mutatis mutandis to a defendant sued by an association. 9. Notwithstanding the foregoing rules, interlocutory and other applications incidental to pending proceedings may be brought on notice using Form 5 in Schedule 1 supported by such affidavits as the case may require and set down on a motion day or as directed by a judge. 7. 5. (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. The   defendant or plaintiff, as the case may be, must raise by his pleading all matters which show the action or claim in reconvention not to be maintainable, or that the transaction is either void or voidable in point of law, and all such grounds of defence or reply (as the case may be) as if not raised would be likely to take the opposite party by surprise, or would raise issues of fact not arising out of the preceding pleadings, as, for instance, res adjudicata, lis pendens, fraud, prescription, release, payment, performance or acts showing illegality either by statute or common law. (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. 7. 4. In 2017, in two separate cases, one for a trans man and another for a transwoman, ruling that the refusal of the National Registration violated their rights to dignity privacy, freedom of expression, equal protection under the law for the refusal to allow changing their gender marker. (3) Where a writ of summons or other originating process is … Release of sureties 117 . (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. Rule 6 shall apply mutatis mutandis in regard to the continuance of proceedings against any member, servant or agent referred to in paragraph (a) of rule 8. (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. (c)   the judge making such order may make any additional order which to him seems meet with regard to the further procedure, and may give one judgment disposing of all matters in dispute in the said actions. 3. (b)   it is shown to the Registrar that the power of attorney filed in the proceedings in the court a quo confers such authority. 4. Subject to rule 2, non-compliance with any of these Rules, or with any rule of practice for the time being in force, shall not render any proceedings void unless the judge so directs, but the proceedings may be set aside either wholly or in part as irregular, or amended, or otherwise dealt with, in such manner and on such terms as the judge may think fit. (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. 8. 2. 8. 6. (b)   the acknowledgement of any deed or recognizance, otherwise the affidavit shall not be held authentic, nor be admitted to be filed or enrolled without the leave of the judge; and every such commissioner shall express the time when, and the place where, he does any other act incidental to his office. 2. With this decision, the court has continued its record of trailblazing recognition of the human rights of LGBTIQ people in the country. The Deputy Registrar High Court - Lobatse Private Bag 001 Lobatse Botswana Tel: (+267) 5338000 / (+267) 5332317 Fax: (+267) 5332317. Share. (1) Further pleadings may, subject to the provisions of rule 2, be filed and delivered by the respective parties within 14 court days of the previous pleading delivered by the opposite party. 79, 2015. Taxation and tariff of fees of attorneys, 76. (2) Immediately upon receipt of such notice, the party who issued the third party notice shall inform all other parties accordingly. 10. 23. RULES OF THE HIGH COURT (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 against the order of nature”, and prescribe a prison sentence of up to 7 years for those found guilty. Should the judge grant provisional sentence, the plaintiff shall on demand furnish the defendant with security de restituendo to the satisfaction of the Registrar against payment of the amount due under the judgment. 9. If at the hearing the defendant fails to appear, or admits his liability, or if he has previously filed with the Registrar an admission of liability signed by himself and witnessed by counsel acting for him and not acting for the opposite party, or, if not so witnessed, verified by affidavit, the judge may give final judgment against him. 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. True African culture celebrates diversity and promotes acceptance”, Botswana joins a movement by countries to provide equality under the law and unburden laws from the colonial times.  Botswana joins Angola, Mozambique, India, Trinidad and Tobago and others in removing these laws.  Several countries still maintain discriminatory colonial-era relics, including places such as Singapore, Sri Lanka, Uganda and, recently Kenya’s High Court ruled last month to maintain its barbaric law.  Martin Choo an activist in Malaysia, a former British colony, commented on the victory for Botswana “It is time we cast off the colonial yoke of repression that marginalised countless lives.  The legacy of normalisation and criminalising of sexuality has caused unnecessary harm for generations after the fall of Imperial Britain.”. 61:01); "cause" includes any action, suit or other original proceeding and any criminal proceeding; "counsel" means an advocate or an attorney; "court" means a judge sitting in open court; "court day" means any day other than a Saturday, Sunday or any day which is a public holiday under the Public Holidays Act (Cap. Should the judge refuse provisional sentence, he may order the defendant to file a plea within a stated time and may make such order as to costs of the proceedings as to it may seem just; and thereafter, the provisions of these Rules as to pleading and the further conduct of trial actions shall mutatis mutandis apply. Any person arrested shall be entitled to anticipate the day of appearance and to apply to the judge in term time or vacation for the discharge of the said arrest, upon giving 24 hours' notice to the attorney for the plaintiff, or to the plaintiff if he is not represented by an attorney. Discovery, inspection and production of documents, 41. 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. (1) The third party may plead or except to the third party notice as if he were a defendant to the action; he may also, by filing a plea, or other proper pleading, contest the liability of the party issuing such notice on any ground notwithstanding that such ground has not been raised in the action by such latter party: (2) The third party shall not be entitled to claim in reconvention against any person other than the party issuing the party notice, except to the extent that he would be entitled to do so in terms of Order 25. A partnership or an association may sue or be sued in its name. (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. If any action taken under rules 2 and 3 is repudiated by the alleged principal and is found by the judge to have been unjustified, the judge may order the attorney personally to pay the costs thereby occasioned. 5. Botswana legalizes being gay as High Court overturns Colonial-era law. Botswana’s High Court rejects laws criminalising homosexuality. The third party notice shall be served before or concurrently with the delivery of the first pleading delivered by the party issuing it in the action in connection with which it is issued and shall be accompanied by a copy of all pleadings filed in the action up to the date of service. 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 … 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. 10. All persons may be joined in one action as plaintiffs in whom any right of relief (in respect of or arising out of the same transaction or series of transactions) is alleged to exist, whether jointly, severally or in the alternative where if such persons brought separate actions any common question of law or fact would arise: Provided that if, upon the application of any defendant, it appears that such joinder may embarrass or delay the trial of the action, the judge may order separate trials, or make such other order as may be expedient, and judgment may be given for such one or more of the plaintiffs as may be found to be entitled to relief, for such relief as he or they may be entitled to, without any amendment, but the defendant, though unsuccessful, shall be entitled to his costs occasioned by so joining any person who shall not be found entitled to relief, unless the judge in disposing of the costs otherwise directs. Every exhibit or annexure referred to in an affidavit shall be initialed by the deponent and the commissioner or officer before whom the affidavit is sworn on the date it is sworn to. If you need professional or legal advice you should consult a suitably. (6) Where no answering affidavit or notice in terms of paragraph (b) or (c) of subrule (4) is delivered within the stipulated period referred to, the applicant may, on notice, set the application down for hearing on a motion day. 4. (a)   where he sues by an attorney, the business address of the attorney endorsed on the summons or, where there are two such addresses so endorsed, the business address of the attorney who is acting as agent for the other; (b)   where he sues in person, the address within the jurisdiction endorsed on the writ. In all cases in which the party pleading relies on any misrepresentation, fraud, breach of trust, wilful default or undue influence, and in all other cases in which particulars may be necessary, particulars (with dates and items if necessary) shall be stated in the pleading. 3. (7) The officer shall then retain the original and one copy and return the other copies duly impressed with the date stamp and signed as aforesaid to the person presenting the same. (2) An application for such leave shall be made ex parte and may, in the discretion of the judge, be heard in his chambers. 6. (2) If such manner be other than personal service, the application shall further set forth the last known whereabouts of the person to be served and the enquiries made to ascertain his whereabouts. Carousel Previous Carousel Next. 5. 12. 1. (1) Any party to any application proceedings may bring a counter application, or may join any party to the same extent as would be competent if the party wishing to bring such counter application or join such party were a defendant in an action and the other parties to the application were parties to such action; in the latter event, Order 16 shall apply mutatis mutandis. (4) The officer in the Registry to whom an originating process or other process is presented for filing shall impress the date stamp provided for that purpose on the original originating process and every copy presented and shall also append his signature below the date and time impressed by the date stamp. (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. Botswana’s High Court rejects laws criminalising homosexuality. 1. (1) Every pleading shall be filed with the Registrar and, except in the cases provided for by these Rules, a copy of it shall be delivered by the party to the other party or parties to the action on the same day as it is filed, or as soon thereafter as is practicable. These Orders and Rules may be cited as the Rules of the High Court. ORDER 18PROCEEDINGS BY OR AGAINST PARTNERSHIPS AND ASSOCIATIONS. High Court Recruitment 2020-21-19|Jobs (Careers, Vacancies) in High Court . Magistrate’s Courts are usually the first stop. (1) An application to set aside any proceedings for irregularity shall be brought under the provisions of rule 1 of Order 33. (k)   where a person to be served keeps his residence or place of business closed, and thus prevents the Deputy-Sheriff or any other person effecting service from serving the process, it shall be sufficient to affix a copy thereof to the outer principal door of such residence or place of business. We must do better for our community, and we must actively work to remove all laws that criminalize LGBT people. 8. 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. 98, 1970,S.I. (2) With every application the applicant shall file with the Registrar a draft of the order which he seeks. (a)   set forth the form of the order sought; (b)   specify the affidavit filed in support thereof; and. (2) Any alteration or amendment of an originating process, whether before or after issue, shall, before service thereof, be initialed by the Registrar, and until so initialed such alterations and amendments shall have no effect. Deeply negative impact that goes far beyond the risk of arrest, etc when the of... 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