CHAPTER 04:02
HIGH COURT

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

PART II
High Court

   3.   Judges of the Court

   4.   Rank and precedence

   5.   Seal of the Court

   6.   Proceedings of Court to be disposed of by single judge

   7.   Assessors

   8.   Language to be employed in Court

   9.   Proceedings to be open to the public

   10.   Appellate jurisdiction of Court

   11.   Civil appeals to Court

   12.   Power in civil appeals

   13.   Appeal not to act as stay of execution

   14.   Magistrate's court to conform with order of Court

PART III
Registrar

   15.   Registrar

   16.   Powers and duties of Registrar

   17.   Authorization

   18.   Sheriff

PART IV
Civil Proceedings

   19.   Manner of securing attendance of witnesses in civil proceedings

   20.   Expenses of witnesses

   21.   Refusal of witness to give evidence

   22.   Property not liable to be seized in execution

   23.   When civil imprisonment to be decreed

   24.   Offences related to execution

PART V
General

   25.   Protection of judicial officers

   26.   Restriction of vexatious actions

   27.   Execution of warrants

   28.   Rules of court

Act 21, 1974,
Act 2, 1975,
Act 12, 1976,
S.I. 157, 1976,
Act 5, 1980,
Act 20, 1986,
Act 13, 1999,
Act 14, 2005,
Act 4, 2009.

An Act to consolidate and amend the law relating to the High Court of Botswana.

[Date of Commencement: 1st December, 1976]

PART I
Preliminary
(ss 1-2)

1.   Short title

   This Act may be cited as the High Court Act.

2.   Interpretation

   In this Act unless the context otherwise requires-

   "Court" means the High Court of Botswana;

   "customary court" and "customary court of appeal" means the customary court and customary court of appeal respectively, set up under the Customary Courts Act;

   "judge" means a judge of the Court and includes the Chief Justice;

   "judgment" includes any decision, decree, determination, finding, sentence or order of any court;

   "magistrate's court" means a court established under section 3 of the Magistrates' Courts Act;

   "Registrar" means the Registrar of the Court and includes a Deputy Registrar and an Assistant Registrar;

   "rules of court" means rules of court made under section 28;

   "seal" includes stamp;

   "Sheriff" includes a Deputy Sheriff and persons acting under the general or special direction of the Sheriff.

PART II
High Court
(ss 3-14)

3.   Judges of the Court

   (1) The High Court shall consist of the Chief Justice and such number of judges of the Court which shall not exceed a maximum number of 30 judges.

   (2) Subject to subsection (1), the President may, in accordance with the provisions of section 96 (2) of the Constitution, appoint such number of judges for the Court as he may consider necessary to appoint.

4.   Rank and precedence

   The Chief Justice shall be the senior judge of the Court and the other judges of the Court shall take precedence after him according to the priority of their respective appointments as such.

5.   Seal of the Court

   (1) The Court shall have and use as occasion may require a seal bearing the device and impression of the arms of Botswana surrounded by the legend "The High Court of Botswana".

   (2) The seal shall be kept in the custody of the Registrar.

6.   Proceedings of Court to be disposed of by single judge

   Except as otherwise provided by this Act or any other written law, every proceeding in the Court and all business arising thereout shall be heard and disposed of by or before a single judge or such number of judges as may be determined by the Chief Justice.

7.   Assessors

   (1) In any proceedings, whether civil or criminal, the judge presiding may summon to the assistance of the Court two or more persons to sit and act as assessors in an advisory capacity.

   (2) It shall be the duty of the assessors to give, either in open court, or otherwise, such assistance and advice as the judge presiding may require, but the decision shall be vested exclusively in the judge.

   (3) The agreement or disagreement of an assessor with the decision of the judge may be noted on the record, but if such agreement or disagreement is not noted it shall be presumed that the assessor agreed with the decision of the judge.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.

Please click here to login