The Stock Theft Act and Customary Courts in Botswana: ... they might have been acquitted had they been tried by the better-equipped Magistrates’ courts. jurisdiction of customary courts within his area. The High Court is a court of first instance, though it hears appeals from lower courts (for example the Magistrates’ Court) and tribunals (for example the Land Tribunal), as well as reviews of the decisions of the same. Although customary courts have their own hierarchy, they all rank as the lowest courts in the general hierarchy of courts and their jurisdiction is almost limited only to certain civil matters. It is, however, common cause that juveniles who committed serious crimes which falls outside the jurisdiction of the customary and magistrates were sentenced to terms of imprisonment by the High Court. Short title . crimes that are not expressly extra-territorial but which are committed outside Zimbabwe or were intended to have a harmful effect in Zimbabwe. They are designed to deal with customary issues in terms of customary law. Magistrate to determine whether the offence is bailable 108 . This Act concerns the establishment, recognition, functioning and jurisdiction of Customary Courts and related matters. The Magistrates try the bulk of the offences committed in this country and they handle the bulk of common disputes between ordinary citizens of Botswana. In all its provisions, the 1981 Act does not include imprisonment as a sentencing option for juveniles. Customary Courts play a very important part in the Botswana legal system and they probably deal with as many as 80% of criminal matters brought before the courts. Appeals from the High Court come before the Court of Appeal. But the growth and development of Magistrate Courts has been phenomenal. Refusal of bail from the uncertain issue of act committed 109 . Type in your area to filter the list below: Once you have the relevant Court reference, please follow this link to find the … An Act to make provision for magistrates' courts and for the jurisdiction of persons presiding over such courts and matters incidental thereto or connected therewith. Magistrates’ Courts exercise jurisdiction as prescribed in the Magistrates Court Acts (CAP 04-04). ICLG - International Arbitration Laws and Regulations - Botswana covers common issues in international arbitration laws and regulations – including arbitration agreements, governing legislation, choice of law rules, selection of arbitral tribunal, preliminary relief and interim measures – in 34 jurisdictions 1 The opportunity for me to make a survey of the Tswana customary courts arose in the months between November 1968 and March 1970, while I was acting as Customary Law Adviser to the Botswana Government. [20] By s 12 of the Magistrates Court Act, magistrates’ courts have the jurisdiction, among other things, to grant spoliation orders. It also provides public legal education on legal rights and responsibilities and these services are provided by in house attorneys as well as private legal practitioners through Law Society of Botswana. (5) All magistrates' courts shall be courts of record. Botswana: International Arbitration Laws and Regulations 2020. The legal system comprises Roman–Dutch and customary law. Although, as we have seen, magistrates courts have jurisdiction to try crimes under a statute which has extra-territorial operation, they cannot try crimes in terms of section 5 of the Criminal Law Code, i.e. (2) The Minister may, by warrant under his hand, recognize or establish in Botswana such customary courts as he thinks fit, and shall define in each warrant the jurisdiction as to causes of action and the local limits of jurisdiction … Botswana's legal system is based on Roman-Dutch law and customary law. This is the court that lies between the Magistrate Court and the Court of Appeal. The judicial branch consists of the High Court, Court of Appeal and Magistrates' Courts (one in each district) [21] It is s 11 of the Act that governs the civil jurisdiction of the magistrates’ courts. The High Court of Botswana is at Lobatse, with a branch at Francistown. Chief and Regional Magis.- P40,000/ II.-Principal Magis. It hears both civil and criminal cases. limited by jurisdiction and comprise mainly the magistrate courts. They are created by statute, the Magistrate’s Courts Act, as subordinate courts and are supervised by the High Court, through various powers. 1,500 and/or 2 years rigorous/simple imprisonment unless power is vested in the Magistrate's Court to impose higher penalties by special provision. Every magistrate's court is vested with original criminal jurisdiction (other than in respect of offences upon indictment in the High Court), and is ordinarily empowered to impose sentences up to a fine of Rs. Judicial System of Botswana. This Act may be cited as the Magistrates' Courts Act. by magistrates’ courts or higher. A Court Martial also falls under inferior courts. However, this power is made subject to the limits of jurisdiction prescribed by the Act. In this Act, unless the context otherwise requires- "bailiff" Appeals are made to the Court of Appeal of Botswana. These courts have jurisdiction to hear certain matters at the level of Magistrates’ Courts. jurisdiction and status which is why they define the labour court as an ad hoc tribunal or an administrative agency and so should be restricted to that status, as an outgrowth of the Executive. 5. The common or general law was the Roman-Dutch law "received" from the Colony of Another important distinction is that between courts of general, ordinary or normal jurisdiction and courts of special jurisdiction. PART I . MAGISTRATE COURTS see s. 17 of Magistrate Courts Act POWER in terms of max.punishment and fine in criminal cases or damages in civil cases 1. territorial jurisdiction matters within its district Pecuniary jurisdiction section 30- civil claims not exceeding i. The status of a newly created Industrial Court is not clear, but it is believed to be an inferior court. (4) Any power, authority, function or discretion vested in a magistrates' court by this or any other Act shall be possessed and may be exercised by a magistrate having adequate jurisdiction. In 1966, there were only two magistrate courts in the country, one in Lobatse and the other in Francistown. Eastern Cape [Draft]: Find a court in your area. Ministry: Attorney-General’s Chambers. Supreme court: High Court of Botswana. (6.6.3) The list of scheduled offences which are outside the jurisdiction of traditional courts, should be reviewed and reassessed with a view to ensuring that these courts only preside over the very minor and simple offences. An authorised Headman or his deputy may decide cases using indigenous law and custom (for example, disputes over ownership of cattle or lobolo), brought before him parties within his area of jurisdiction. 2. One of the most notable changes in terms of the expansion of the jurisdiction of the Magistrates Courts is with regard to the increase of the pecuniary jurisdiction in relation to proceedings of … Preliminary (ss 1-2) 1. Interpretation . The other set of courts is made up of customary courts, established under the Customary Courts Act (Chapter04:05)5. On failure of accused to appear at trial, recognizance to be forfeited B. The new Magistrate Courts' Act 2015 significantly increases the pecuniary jurisdiction of magistrate courts. 107 . There are a number of factors in the Botswana civil procedure which are significantly different from other jurisdictions, and particularly the South African civil procedure, and which you need to be aware of in the event that you may become involved in litigation in Botswana, whether as Plaintiff or Defendant. Establishment and Jurisdiction of Customary Courts Order Customary Courts (Powers to Prosecute ... under rule 10 shall be paid such tariff of allowances on the same scales as are payable to a witness appearing in a magistrate's court ... ordering that the sentence shall be carried out in a specified prison within Botswana. THE BOTSWANA CUSTOMARY LAW ACT, z969 BY C. M. G. HIMswoRTH Prior to 1969 the legal system of Botswana enjoyed the characteristics of the dual existence of customary and common law (and the courts in which they were administered) typical of most of Anglophone Africa. (1) The Magistrate shall strike out any action which on the face of it discloses no cause discloses no cause of action, or is in respect of a matter not within the of action jurisdiction of the Court, or the claimant fails to supply anyone or more of the statements required by the Court. The Subordinate Courts are established under Article 120 of the Constitution of the Republic of Zambia, Act No. There are magistrates’ courts in each of ten districts, and more than 70 central and local courts. Jurisdiction MAGISTRATE COURT . It was created as a superior court of record with, unlimited original jurisdiction to hear and determine any criminal and civil cases under any law. (Republic of Botswana 1981). Legal Aid Botswana provides Legal services including legal advice, legal representation in the Magistrates’ Courts, High Court, Industrial Court, Land Tribunal and the Court Of Appeal. The appointment was arranged under the United Kingdom Government Special Commonwealth African Assistance Plan, and I was given special leave of absence from the London … P30,000 Iii. Judicial review is limited to matters of interpretation. 2 of 2016. The High Court has jurisdiction to hear the most serious civil and criminal cases, and appeals from the lower courts. The Courts of Magistrates hear both criminal and civil cases in the first instances in all 4 districts of Brunei Darussalam (Brunei Muara, Tutong, Kuala Belait and Temburong) Criminal jurisdiction of Courts of Magistrates: Chapter 6, Section 16. There are magistrates’ courts in each district. (3) There shall be, in each Division, such magistrates' courts as the Chief Justice may direct. The superior court in Botswana is the Court of Appeal, followed by the High Court, which stands superior to the Magistrates’ Court. Magistrate’s Courts hear the bulk of criminal cases such as rape, robbery, theft, assault, etc. IN CASES TRIED BY MAGISTRATES' COURTS 111 . The case types that are dealt with by the Magistrate court include, Maintanance cases, Civil cases, Criminal cases, Miscellaneous cases. The major culprit is the senior courts of law and record.Historically, this may be because at establishment, the labour courts were S.30 of the Magistrate’s Court Act lists matters that Magistrate’s Courts have no power to hear. (6.5.2) 16. Translations in context of "Magistrates Courts" in English-Spanish from Reverso Context: Hearing and determining appeals in criminal matters and civil matters from Subordinate Courts and Magistrates Courts. The most important inferior courts in Botswana are the Magistrates’ court and the customary courts. In civil cases the Magistrate Court hears claims of up to BWP 60,000.00. Conditions of recognizances 110 . The Act also provides for the appointment of the Director of Tribal Administration and deputies for the purposes of this Act. About the High Court . The Act robbery, theft, assault, etc the Chief Justice may direct Administration and deputies for the of... 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