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. Authorisation
18. [Repealed.]
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. [Repealed.]
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,
Act 19, 2024,
S.I. 47, 2025.
An Act to consolidate and amend the law relating to the High Court of Botswana.
[Date of Commencement: 1st December, 1976]
[Editorial Note— Section 2 of Act 19 of 2024 deletes the terms "Sheriff" and "Deputy Sheriff" wherever they appear in the Act.]
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 (Cap. 04:05);
"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 (Cap. 04:04);
"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"...;
[19 of 2024, s. 2.]
PART II
High Court (ss 3-14)
(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.
[4 of 2009, s. 2.]
(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 of 2009, s. 2.]
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.
[13 of 1999, s. 3.]
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.
[13 of 1999, s. 4.]
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.
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