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CHAPTER 04:08
SMALL CLAIMS COURTS

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

PART II
Establishment and Nature of Court

   3.    Establishment of courts

   4.    Nature of courts

   5.    Courts to be open to public

   6.    Language of court

   7.    Parties who may appear

PART III
Officers of the Court

   8.    Presiding officers

   9.    Clerk of court

   10.    Court bailiff

PART IV
Jurisdiction

   11.    Jurisdiction of courts

PART V
General

   12.    Cessation of action

   13.    Evidence

   14.    Procedure

   15.    Judgment

   16.    Execution and enforcement of judgment

   17.    Finality of judgment

   18.    Contempt of court

   19.    Rules of court

Act 7, 2009,
Act 5, 2013.

An Act to establish small claims courts and matters incidental thereto or connected therewith.

[Date of Commencement: 19th June, 2009]

PART I
Preliminary (ss 1-2)

1.   Short title

   This Act may be cited as the Small Claims Courts Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "Court'' means a small claims court established under section 3;

   "presiding officer'' means a magistrate or other person referred to in section 8;

   "Registrar'' means the Registrar of the High Court; and

   "rules of court'' means rules made by the Chief Justice under section 19.

PART II
Establishment and Nature of Court (ss 3-7)

3.   Establishment of courts

   The Chief Justice may by Order establish a small claims court for any magisterial district established under section 9 of the Magistrates' Courts Act.

4.   Nature of courts

   (1) Subject to subsection (2), a small claims court shall not be a court of record.

   (2) Every presiding officer shall-

   (a)   record, or cause to be recorded every decision or order of Court made by him or her and shall sign it; and

   (b)   keep such other records relating to the proceedings of the Court as may be required by rules of court.

   (3) The process of every Court shall be of force throughout Botswana.

5.   Courts to be open to public

   (1) Subject to the provisions of subsection (2), the proceedings of every Court shall be open to the public.

   (2) A presiding officer may, in the interests of justice or good order or public morals or at the request of the parties, for reasons considered ā€˛sufficient by the Court, order that the proceedings shall be conducted in camera or that specified persons shall not be present.

   (3) The presiding officer may, in the event of any disturbance, order the offender to be removed or that the courtroom be cleared.

6.   Language of court

   Proceedings of the Court shall be conducted in the official languages of Botswana:

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