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 (Cap. 04:04).

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, 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:

    Provided that where interpretation is required into any other language the presiding officer may order that the party requiring such interpretation should pay any costs incurred thereby.

7.    Parties who may appear