The appellants ought therefore to be held to the narrow grounds stipulated in their notice of appeal. African law africanlii botswana elaws ethiopian law. The rules of civil procedure in the magistrates courts of. See order 12, 14, and 16 of the magistrates court civil rules,1980. The high court of botswana has ruled that a ban on consensual gay sex is unconstitutional. Court s powers to remove arbitrator or umpire, to set award aside and to award costs. This new proclamation did not make any significant changes. Courts powers to remove arbitrator or umpire, to set award aside and to award costs.
The court of appeal is the apex court, the highest and final court in the land. Attorneygeneral v manica freight services botswana pty ltd2005 1 blr 35, ca applied. Scribd is the worlds largest social reading and publishing site. In terms of rules 181 to 4 of the court of appeal rules,1 all grounds of appeal must be clearly stated under distinct heads. Diau v botswana building society 2003 2 blr 409 ic urges the court to interpret the constitution purposively and generously.
The order of seniority or status of the court is as set out in the order of the numbering. Currently, there are eight expatriate judges of the court of appeal, drawn from different parts of the commonwealth. Coolerstar lets is with maggie modise and 6 others at high court of botswana. On 22 august 2014 the high court in botswana ordered the government to provide hiv treatment to foreign prisoners at state expense.
Botswana has implemented a case management system where litigation is driven by the judge and not the parties themselves. It operates above the magistrates courts of botswana, but below the appeal court. The superior court for customary courts is the customary court of appeal and in descending order to the headmans court as the lowest court. Civil procedure and practice in the high court of botswana in. Oaths to be taken by judges of high court part ii court of appeal. We submit that the customary court of appeal judgment applying the rule of. On the 1st november 2017, this court granted an order.
In july 2019, the government of botswana appealed the high court ruling. However, it goes on to stipulate very narrow grounds of appeal. Arbitrators and umpires to be disinterested parties. Publication date 2005 isbn 9991256164 9789991256160. The magistrates courts civil procedure rules arrangement of rules order 1 commencement of proceedings rules 1. Botswana scraps gay sex laws in big victory for lgbtq. Registrar means the registrar of the high court of botswana. Civil procedure and the high court rules in botswana john. Power of court in certain cases to appoint an arbitrator or umpire. Establishment of the high court of botswana and other courts under the high court proclamation no. Thus the superior court for botswana is the court of appeal followed by the high court and then magistrates courts. High court rules of botswana lawsuit service of process. Procedure on transfer from customary court to magistrates court 39. Read the full judgment below, which is reproduced here until such time as botswanalii is established.
Act, as the case may be summons includes charge telegraph. The superior court in botswana is the court of appeal, followed by the high court, which stands superior to the magistrates court. Execution of orders of high court, magistrates courts or other customary courts 47. High court rules of botswana free download as pdf file. See order 8 of the magistrates court civil rules,1980.
In the high court of botswana roy sesana, keiwa seitlhobogwa, and others, applicants, against attorney general, sued on behalf of the republic of botswana, respondent. The management of high court records in botswana request pdf. The court is the final arbiter of all legal matters in botswana. High court rules 2016 li 2016225 as at 09 april 2020. Courts powers to remove arbitrator or umpire, to set award aside and to award costs 1 the court may at any time, upon motion, remove any arbitrator or umpire against whom a just ground of recusation is found to exist, or who has misconducted the proceedings in connection with the arbitration. Civil procedure and practice in the high court of botswana. The high court divisions have jurisdiction the right to hear a case over defined provincial areas in which they are situated, and the decisions of the high courts are binding on magistrates courts within their areas of jurisdiction.
Attorneygeneral abraham keetshabe argued that the court was mistaken in its conclusion in overturning the sodomy law, saying, i am of the view that the high court erred in arriving at this conclusion and thus, i have decided to note an appeal with the court of appeal, without giving further details of the grounds for. If you want to match the order of words, specify near apple, lemon, 2, true a percent sign % can be used to match zero or more characters. Court s powers to remove arbitrator or umpire, to set award aside and to award costs 1 the court may at any time, upon motion, remove any arbitrator or umpire against whom a just ground of recusation is found to exist, or who has misconducted the proceedings in connection with the arbitration. Apple is good means to find documents having the exact phrase apple is good. He relied on the facts that the summons had not been served on him and the application for default judgment had not been accompanied by the. Issues for 19931997 printed and published in collaboration with the government of botswana by juta. Unlike the high court, magistrates courts are not created by the constitution. 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. The botswana magistracy performs a very pivotal role in the judiciary of this country. High court of botswana gaborone, botswana courthouse. Order 10 of the magistrates court civil rules,1980. The management of high court records in botswana article in records management journal 193.
Jun 11, 2019 botswana s high court has overturned a colonialera law criminalizing consensual samesex relations in a landmark victory for africas lgbtq movements. Judges of the court 1 the high court shall consist of the chief justice and such number of. Botswanas legal system and legal research globalex. The high court is headed by the chief justice of botswana.
Attorney general representing the director of public 1st appellant service management. 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. Botswanas high court rules free arvs to foreign prisoners. Samesex relationships are illegal in more than 70 countries worldwide. Originating application that may be commenced in lagos state. The high court of lagos state civil procedure rules 2019. Order 11 and 12 of the magistrates court civil rules,1980. See order 18 of the magistrates court civil rules,1980. High court, legal resources foundation zimbabwe publisher. Botswanas constitution of 1966 with amendments through. Botswana decriminalized homosexuality on tuesday, with the high court overturning a colonialera law that punished gay sex by up to seven years in prison. Additions and amendments to the civil procedure rules by the high court of lagos state civil procedure rules 2019.
Flynote constitutional law high court jurisdiction statute offending against constitution. The high court of botswana is based in lobatse in botswana. Issues for 1994 include cases determined by the industrial court. 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. The applicant sought rescission of the judgment in terms of order e 48 rule 1a of the rules of the high court cap 04. Conduct of proceedings by a person other than a party. 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. Consequently, there existed good and sufficient cause for the rescission of the respondents default judgment under order 30 rule 11 of the rules of the high court.
They usually only hear civil matters involving more. Oaths to be taken by judges of high court part ii court of appeal 99. High court of botswana decriminalized homosexuality. Near apple, lemon, 2, false means to find documents having apple within 2 words apart from lemon. This has enriched the court and brought diversity and dynamism in the court.
The republic ss 12 type of government envisioned 1. Order 5 rule and order 5 rule 5 4 stipulates that the failure to accompany originating processes with accompanying documents as stipulated in. Votes of twothirds of the assembly chapter vi the judicature part i the high court. Court means the high court official referee means any referee appointed by the court in terms of any general rule of. Uniform rules of court1 rules regulating the conduct of the proceedings of the several provincial and local divisions of the high court of south africa 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. Botswanas high court has overturned a colonialera law criminalizing consensual samesex relations in a landmark victory for africas lgbtq movements. It is the applicants case that precluding the requirement of a biological fathers consent, in all circumstances, for the adoption of his child. High court act, 1990 from pbl 2000f at university of cape town. Persons committed to be brought to trial at the first session provided 31 days have elapsed from commitment 4. Amendment of third schedule part xi procedure before commencement of trial a. Rules for the framing of indictments or summonses 2.
1300 1072 213 633 566 1030 1515 1256 825 88 846 1310 747 1349 1565 1388 879 1019 1312 489 1072 1582 472 798 190 228 715 762 81 477 234 1547 919 487 1078 451 1447 371 647 1416 1140 1300 817 1252