44. Persons committed to be brought to trial at the first session provided 31 days have elapsed from commitment 134 . The effect of the new High Court Rules is that litigation has become significantly more expensive in Botswana at the start of the matter by virtue of the fact that a large portion of the preparation is done at or about the time that Summons is issued or the Declaration is to be served. Gaborone High Court. 04:02) RULES OF THE HIGH COURT, 2011 (Published on 12th January, 2011) ARRANGEMENT OF ORDER OF RULES ORDER 1. 3. Diau v Botswana Building Society 2003 (2) BLR 409 (IC) urges the court to interpret the Constitution purposively and generously. Related Documents. COMMENT ON RULE 1(1) 4. 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. 1 of 2017 HIGH COURT ACT (Cap. Amendment of Third Schedule PART XI Procedure before Commencement of Trial A. The High Court of Botswana is the highest court of Botswana.It is based Gaborone with branches in Lobatse, Francistown, and Maun. (1) Every court shall be a court of record. Application of other rules. Although some High Court rules of procedure in Botswana are based on Roman-Dutch law, most of our law of procedure was introduced by legislation and is moreover based on the English system of procedure. The High Court is headed by the Chief Justice of Botswana.. References Botswana. Tel: (+267) 3718000. High Court in Botswana Rules to Decriminalize Same-Sex Relations. 1. Application for Judgment in Default - Demand Liquidated (94.38 KB) High Court Rules of Botswana - Free download as PDF File (.pdf), Text File (.txt) or read online for free. Change of place of trial 135 . It operates above the Magistrates' Courts of Botswana, but below the Appeal Court. Botswana’s high court, in a highly-anticipated verdict, on Tuesday ruled to decriminalize homosexuality, which is outlawed under the country’s 1965 penal code. (2) Every summons, subpoena, writ, warrant or other process issued out of any court shall be of force throughout Botswana. "court" means the High Court of Botswana; "Registrar" means the Registrar of the High Court of Botswana. The order of seniority or status of the court is as set out in the order of the numbering. 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. Gaborone. “The poe for his ase othe Gazette (including Supplement is P 7,00 Sipplement C—- Botswana Government Exteaodinsry Gszete ded (2h Janvny, 201 ca Statutory Instrument No. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. 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