jurisdiction of magistrate courts in botswana

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. 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. Eastern Cape [Draft]: Find a court in your area. Magistrates’ Courts exercise jurisdiction as prescribed in the Magistrates Court Acts (CAP 04-04). IN CASES TRIED BY MAGISTRATES' COURTS 111 . Botswana: International Arbitration Laws and Regulations 2020. 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. 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 … [20] By s 12 of the Magistrates Court Act, magistrates’ courts have the jurisdiction, among other things, to grant spoliation orders. The High Court of Botswana is at Lobatse, with a branch at Francistown. The Stock Theft Act and Customary Courts in Botswana: ... they might have been acquitted had they been tried by the better-equipped Magistrates’ courts. Preliminary (ss 1-2) 1. (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. 5. Judicial System of Botswana. The other set of courts is made up of customary courts, established under the Customary Courts Act (Chapter04:05)5. The common or general law was the Roman-Dutch law "received" from the Colony of About the High Court . Appeals from the High Court come before the Court of Appeal. 2. 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. This Act may be cited as the Magistrates' Courts Act. There are magistrates’ courts in each district. 2 of 2016. In this Act, unless the context otherwise requires- "bailiff" 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. Refusal of bail from the uncertain issue of act committed 109 . Conditions of recognizances 110 . They are created by statute, the Magistrate’s Courts Act, as subordinate courts and are supervised by the High Court, through various powers. 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. The legal system comprises Roman–Dutch and customary law. (3) There shall be, in each Division, such magistrates' courts as the Chief Justice may direct. 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 … crimes that are not expressly extra-territorial but which are committed outside Zimbabwe or were intended to have a harmful effect in Zimbabwe. The Subordinate Courts are established under Article 120 of the Constitution of the Republic of Zambia, Act No. P30,000 Iii. (6.5.2) 16. A Court Martial also falls under inferior courts. The status of a newly created Industrial Court is not clear, but it is believed to be an inferior court. Short title . Magistrate’s Courts hear the bulk of criminal cases such as rape, robbery, theft, assault, etc. Interpretation . 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. However, this power is made subject to the limits of jurisdiction prescribed by the Act. jurisdiction of customary courts within his area. The High Court has jurisdiction to hear the most serious civil and criminal cases, and appeals from the lower courts. 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. Appeals are made to the Court of Appeal of Botswana. The Act also provides for the appointment of the Director of Tribal Administration and deputies for the purposes of this Act. These courts have jurisdiction to hear certain matters at the level of Magistrates’ Courts. The most important inferior courts in Botswana are the Magistrates’ court and the customary courts. 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. 107 . The case types that are dealt with by the Magistrate court include, Maintanance cases, Civil cases, Criminal cases, Miscellaneous cases. This Act concerns the establishment, recognition, functioning and jurisdiction of Customary Courts and related matters. There are magistrates’ courts in each of ten districts, and more than 70 central and local courts. 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. (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. 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 (Republic of Botswana 1981). by magistrates’ courts or higher. On failure of accused to appear at trial, recognizance to be forfeited B. The judicial branch consists of the High Court, Court of Appeal and Magistrates' Courts (one in each district) Type in your area to filter the list below: Once you have the relevant Court reference, please follow this link to find the … [21] It is s 11 of the Act that governs the civil jurisdiction of the magistrates’ courts. Supreme court: High Court of Botswana. It hears both civil and criminal cases. 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. 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. 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