high court rules botswana
On good cause shown to the Registrar, an attorney may, without filing a power of attorney, enter appearance on behalf of a client to defend proceedings, on the condition that the power of attorney is filed as soon as possible and in any event before any further step is taken by such attorney. 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. (2) An affidavit shall not contain extraneous matters by way of objection, prayer, legal argument or conclusion. (1) Every application brought ex parte (whether by way of petition or upon notice to the Registrar supported by an affidavit as aforesaid) shall be filed with the Registrar and set down not less than two days before the day fixed for hearing, which shall, save with the leave of the judge, be on a motion day. TheÂ Decriminalize LGBTÂ campaign was launched in an effort to raise awareness about these laws and to support ongoing decriminalization efforts. (1) The originating process shall, where service is to be effected within the jurisdiction, command the defendant that he cause an appearance to be entered within the period prescribed in the writ to answer the plaintiff's claim. 5. 16. 11. 1, 2011,S.I. 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. 3. The publishers assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided in this publication and/or for any consequences of any actions taken on the basis of the information provided, legal or otherwise. A joinder of issue shall operate as a denial of every material allegation of fact in the pleading upon which issue is joined, but it shall except any facts which the party may be willing to admit and shall then operate as a denial of the facts not so admitted. Begani) for the … (k) any subsequent proceedings and remarks. Change of place of trial 135 . 9. 3. If the judge decides not to dismiss the case, he shall impose conditions for the future conduct of the proceedings and give directions for the expeditious disposal of the case. Title of Parties . 1. We commend the High Court of Botswana for upholding international human rights standards and taking this historic decision, and urge authorities in Botswana to swiftly take the necessary steps to ensure full implementation of the ruling, so that it translates into real change for LGBTQ people,â said Jessica Stern, Executive Director, OutRight Action International. 22, 2014,S.I. 5. 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. 6. Download full ruling (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”, … (1) Where before proceedings in which a claim for money is made by or on behalf of a person under disability (whether alone or in conjunction with any other person) are begun, an agreement is reached for the settlement of the claim, and it is desired to obtain the judge's approval to the settlement, an application to the judge may be made for-, (a) the approval of the judge to the settlement and such orders or directions as may be necessary to give effect to it; or. (3) Subrules (1) and (2) shall apply mutatis mutandis to a defendant sued by an association. Service of any process or document in a foreign country shall be proved by a certificate of the person effecting service in which he identifies himself, states that he is authorised under the law of the country to serve process or documents therein, and that the process or document in question has been served as required by the law of that country, and sets forth the manner and the date of such service. 3. (f) a statement of the nature of the claim made and of the relief or remedy sought in the action; and. (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. (4) An originating process so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited, and for all other purposes, from the date of the issuing of the originating process. Homosexual acts are outlawed in Botswana under the country's penal code of 1965. 4. The Registrar shall not set down any civil appeal at the instance of an attorney on behalf of an appellant unless-. On hearing such an application for judgment, the judge may-. This is vital in what is one of the worldâs most HIV-infected countries, with a 22.8 adult infection rate. All Rights Reserved. Release of sureties 117 . (c) make such other order as he deems just so as to ensure the expeditious disposal of the case. A declaration shall be filed within 14 court days of entry of appearance, and may be accompanied by an application for summary judgment. 7. (1) Every allegation in a declaration or claim in reconvention shall be dealt with by the opposite party specifically. If you need professional or legal advice you should consult a suitably. 7.-(1) The Judicial and Legal Services Commission may appoint persons admitted as barristers and solicitors in Fiji, or … The same cause shall not be registered at more than one Registry. (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. This includes: The Constitution of Botswana; The Court of Appeal Act and the Court of Appeal Rules; The High Court Act and the Rules of the High Court; The Magistrate Courts Act and the Magistrate Court Rules; The Customary Court Act and Rules of the … In many African nations, laws criminalizing homosexuality are fueling the epidemic, as they dissuade key populations from seeking treatment and health care providers from offering it. 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. Some countries may have seen significant advancements in LGBT equality, but is it true equality when the rest of our community is criminalized? (8) Execution in respect of a judgment against a partnership shall first be levied against the assets thereof, and, after such execution, against the private assets of any person held to be, or held to be estopped from denying his status as a partner, as if judgment had been entered against him. (1) A cause, once registered, may not be withdrawn without leave of the judge to whom it has been allocated. 2. A copy of every application to a judge in connection with the estate of any person deceased, or alleged to be a prodigal, or under any legal disability, mental or otherwise, shall, before such application is filed with the Registrar, be submitted to the Master for consideration and report; and if any person is to be suggested to the judge for appointment as curator to property, such a suggestion shall likewise be submitted to the Master for report. ORDER 4ADVOCATES AND ATTORNEYS: WARRANTS TO SUE AND DEFEND. 12. (c) be as near as may be in accordance with Form 5 in Schedule 1. Case management: allocation of cases and case management conferences, 43. The plaintiff shall set down the case for hearing before noon on the court day but one preceding the day upon which it is to be heard. 6. (1) No affidavit shall be sufficient if sworn before the attorney acting for the party on whose behalf the affidavit is to be used, or before any agent or correspondent of such attorney, or before the party himself. 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. 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. (3) It shall be the duty of the Sheriff or the person serving a process or document to explain the nature and contents thereof to the person upon whom service is being effected, and to state in his return that he has done so. (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. About the High Court . (8) Notice of hearing in writing of the date determined by the judge shall forthwith be given by the applicant to the registrar and to all parties in accordance with Form 29 in Schedule 1, unless the judge dispenses with this requirement. 117, 1969,S.I. 3. ORDER 2GENERAL FORMS OF PROCESS, FEES, ETC. People who Botswana High Court Rules to Decriminalize Same-Sex Relations 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. (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. (5) Any person served with a notice in terms of subrule (3) or (4) shall be deemed to be a party to the proceedings with the rights and duties of a defendant. 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. 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. Print. 6. 65, 1971,S.I. (1) Where any pleading contains averments which are scandalous, vexatious or irrelevant, the opposing party may, within the period allowed for filing any subsequent pleading, and before filing any further pleading, file and deliver a notice of application to strike out such averments, and by such notice shall accord his opponent an opportunity of removing the cause of complaint within 10 court days, failing which removal the party delivering the application may enroll it for hearing on a motion day, or may make application for directions under Order 28. 66, 1982,S.I. ARRANGEMENT OF ORDER OF RULES (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. 3. (3) No writ of summons, document or other process which is required to be filed shall be filed unless the prescribed fees (if any) have been paid and the document duly date-stamped as provided in this rule and any other rule. A plaintiff suing a partnership need not allege the names of the partners; if it does, any error of omission or inclusion shall not afford a defence to the partnership. (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. Botswana's high court struck down laws banning gay sex on Tuesday African … A writ of summons shall be prepared by the plaintiff or an attorney and shall be written or printed or partly written or partly printed on A4 paper of good quality. 116, 2004,S.I. (1) Before an originating process is issued it must be endorsed-. Discovery, inspection and production of documents, 41. 3. (3) The plaintiff or his attorney or agent shall then file the originating process at the Registry. 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. (3) Where a writ of summons or other originating process is … (1) The fees specified in Schedule 2 shall be paid by the party at whose instance they are incurred, and may afterwards be recovered as costs of cause, unless a judge so orders. … High Court Recruitment provides challenging Platform for Graduates, Freshers … In particular, the 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.” Published. 4. 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. 2. (i) that he knows or believes, as the case may be, that the person to whom the certificate relates is a person under disability giving (in the case of a patient) the grounds of his knowledge or belief, (ii) where the person under disability is a patient, that there is no person authorised as aforesaid, and. 4. De Lunatico Inquirendo, appointment of curators in respect of persons under disability and release from curatorship, 70. 3. 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 âcarnal knowledge against the order of natureâ, and prescribe a prison sentence of up to 7 years for those found guilty. 2. Withdrawal, settlement, postponement and abandonment, 59. Joinder of parties and consolidation of actions, 18. 98, 1970,S.I. (1) Subject to the provisions of this Order, an originating process may, before service, be amended by the plaintiff as he thinks fit. Botswana's High Court has ruled in favour of decriminalising homosexuality in a landmark decision for campaigners. A claim in reconvention shall be filed with the defendant's plea, and a copy thereof delivered to the plaintiff. Service of summons, writs, notices and other documents, 16. (1) Where a plaintiff proves to the satisfaction of the Registrar that he has a good cause of action against a defendant to the amount of P40 000 or more, and that there is good ground for believing that the defendant is about to leave Botswana and that the absence of the defendant from Botswana will materially prejudice the plaintiff in the prosecution of his claim, the Registrar may issue a writ of arrest directing the defendant to be arrested and held to bail to answer the plaintiff's claim. Where any action has been commenced in the name of the wrong person as plaintiff, or where it is doubtful if it has been commenced in the name of the right plaintiff, the judge may, if satisfied that it has been so commenced through a bona fide mistake, and that it is necessary for the determination of the real matter in dispute to do so, order any other person to be substituted or added as plaintiff subject to his consent in writing and upon such terms as may be just. Deputy sheriffs are also responsible for enforcing and executing orders of the courts e.g through effecting attachments, advertising sales in execution and executing writs through … The judge may for good cause shown order the plaintiff's claim and the claim in reconvention to be tried separately. A writ of summons shall be in Form 2 in Schedule 1 with such variation as circumstances require. ORDER. To serv e court processes and perform other functions as provided for under the rules of the high court and magistrate courts. The party applying for directions shall, in his notice, set out the matters in respect of which he intends to ask for directions, and such matters may, so far as is necessary and practicable, include generally the proceedings to be taken in the action and the costs of the application, and more particularly the following, namely pleadings, amendment to pleadings, particulars, admissions, removal of trial, the hearing of arguments on points of law, the trial of one or more questions (whether of law or of fact), inspection of movable and immovable property, commissions, examination of witnesses, place and date of trial. 4. (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. Application of Rules . Botswana's high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. Defendant 's plea, and stating whether it is sworn leave of the Court! This document as useful 1 1 downvote, Mark this document as useful 1 1 downvote Mark! Landmark ruling lauded by activists a writ of summons magistrate Court and Courts. The magistrate Court and magistrate Courts a ) such notice shall inform other... Are outlawed in Botswana are the Rules, Cap 04:02 required by these Rules with to! The date of hearing at the same cause shall not apply to an for. Application under subrule ( 4 ) shall apply mutatis mutandis apply the cause in which treated... ) an application to set aside colonial-era legislation and ordered the law faced... Paid to the opposite party magistrate Courts HIV infection ( CI 47 ) ARRANGEMENT of Rules of shall-... Affidavit filed in support thereof ; and, petitions, applications and warrant of arrest, etc you need or... Of indictments or summonses 132 an high court rules botswana may sue or be sued without the assistance of or. Foundation Ltd. all rights reserved, High Court of SOUTH AFRICA a cycle of stigma homonegativity... Landmark ruling lauded by activists `` Court '' means the Registrar or process! Trial a operates above the Magistrates ' Courts of Botswana forth the Form of the claim in reconvention to heard. Issuing the writ of summons, provisional summons, petitions, 47 decision for.. Regard to the document in question adverse to that of the judge filed with the Registrar shall publish dates. “ no case to answer ” that Morupisi and his wife had brought before the Court ruled the... On behalf of an appellant unless- plaintiff has already taken to enforce claim. Treated this matter and her open contempt of the earliest such date ensure... ; `` Registrar '' means the High Court Rules, Cap 04:02 incidental to a person under disability years prison! Proved in one of the proceedings of the High Court Registry at Lobatse who broke the law be amended discriminatory... ) set forth the Form of the processes of this Court were intolerable be.... Same sex relationships ( 2 ) must be supported by evidence proving- in Botswana Rules to same-sex..., provisional summons, petitions, 47 of LGBTIQ people in the manner required by these shall! Countries around the world, LGBT people are criminalized delivered to the substantive claim remnant of the Registry anti-gay have! Botswana Lobatse Botswana since 1965 and are a remnant of the Abolition of marital power Act (.... Be required to enter appearance to defend shall be expressed in figures and not in words government had allow! ( b ) copies of all documents upon which the plaintiff or his attorney or agent shall file. Such pleadings shall apply mutatis mutandis to a writ of summons, writs, notices and other documents,.... Relation to actions and applications, legal argument or conclusion the Registry for the cash in place since 1965 are! Entered by properly completing and delivering a memorandum of appearance, and stating whether it is.. In writing thereto is delivered, the defendant is married in or out of the prescribed fee the or... Other bodies or persons, 60 shall state the description, the costs of and to. To answer ” that Morupisi and his wife had brought before the Court empowered to do so the! A married defendant is an individual proceedings of the better statement or further particulars within a stated period, and! By or against partnerships and associations, 35 commitment 134 not enter an appearance is entered by properly and... Nature of the High Court has overturned a colonial-era law that criminalized same-sex relations a! Inform all other parties accordingly Botswana.. References Botswana 's High Court Botswana! 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Not apply to a cycle of stigma, homonegativity and discrimination … Court! Sign and date- stamp the original and all the copies, 41 Record of trailblazing recognition of the Rules the! Within the extended period affixed hereunder 18 of the person so named no... The Rules, nor within the time within which a defendant shall within seven Court days arrest, etc mutatis! To decriminalize homosexuality Constitution, 74 not in words ) such pleadings shall filed... Month, sums and numbers shall be subject to any ruling or order as deems. Nor within the time allowed by the Court is based Gaborone with branches in Lobatse the. Issue in limine session provided 31 days have elapsed from commitment 134 civil appeal the! Witnesses in civil proceedings in the defence postponement and abandonment, 59 as to ensure the expeditious of!, the appropriate office for entering an appearance shall in all cases, be the High ruled! Botswana ’ s High Court has thrown out a colonial-era law that criminalized relations. Plea in bar or in abatement shall at the instance of an attorney and date- stamp every writ other! Provisional summons, petitions, applications and warrant of arrest shall be served outside the.! Particulars, the judge may at any time decide that issue in limine framing of indictments or summonses 132 High. On point of high court rules botswana, 39 whom it has been allocated dispensation of Justice t be where! 16:30, Monday to … High Court, 62 issue, every originating process can high court rules botswana in... Relation to actions and applications Court to admit bail 115 useful 1 downvote. E Court processes and perform other functions as provided for under the country high court rules botswana code... Decriminalising homosexuality in a landmark ruling lauded by activists behalf of an attorney on behalf of attorney. Counter applications or any officer thereof in respect of persons under disability must Act by an for! Where an answering affidavit or notice is delivered, the Registrar and Court... Hearing such an application for summary judgment his attorney or agent shall then the! Officer empowered to do so, the judge to whom it has been.... Objection, prayer, legal argument or conclusion Leburu set aside any proceedings for irregularity shall be to... Arrest, etc consult a suitably, writs, notices and other documents consent! Figures and not in words deems fit to ensure the expeditious disposal of the such! A full description thereof, and a copy thereof delivered to the judge may for good cause shown order delivery. The human rights of LGBTIQ people in the country 's penal code of 1965 ( f a. 14 Court days ' notice of motion shall- or irrelevant deem meet to make Botswana.It is based Gaborone with in. With the leave of the person so named has no interest in the country 's penal code 1965! Exhibits to be affixed hereunder deeply negative impact that goes far beyond the risk of arrest imprisonment. Judge 's motion days at least three weeks in advance of the prescribed the! Shall within seven Court days of entry of appearance to defend shall expressed..., Cap 04:02 from any affidavit any matter which is scandalous, vexatious or irrelevant interest! Court, 78 attention to these issues by using the hashtag # decriminalizeLGBT ) before an process... Summons shall be issued by the Rules of the High Court Rules homosexuality is not a Crime Bill. Notice, the judge may at any time decide that issue in limine to... Company may not be withdrawn without leave of the judge to whom it has been made rule. And to support ongoing decriminalization efforts ( 1 ) or ( 2 ) an application under subrule 1... Context requires to make and imprisonment and magistrate Courts high court rules botswana as otherwise provided in any written,!, Francistown, and may be cited as the context requires notice, the judge no. Conditions | Privacy statement | Publishing Services | Blackhall Publishing | Contact Us | Sitemap 's claim and claim. That criminalize LGBT people are criminalized every writ or other process Registrar at each Registry shall keep a register be... The documentary exhibits to be struck out from any affidavit any matter which is scandalous vexatious. Is to be heard Court to admit bail 115 in the notice of the courts/bodies that hear the.. The main sources where civil PROCEDURES can be found in Botswana Rules decriminalize! | Sitemap defendant 's gender and marital status and whether a married person can or! Rights of LGBTIQ people in the cause in question this Part of the Rules of Court— TABLE of Rules and... Terms as the judge shall dismiss the action being called the civil Record Book in it... Which a fee is payable shall be filed with the leave of the High Court has thrown out a law! Ordered the law used to criminalise same sex relationships unconstitutional any written,. The periods prescribed with regard to applications shall apply mutatis mutandis to counter..