Administration of Justice (AOJ)
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Case Process
37 Case Resolution Timelines

The average turnaround time for cases in the Industrial Court is currently 24 months.  This applies to full hearings (defended matters).  The turnaround time for default hearings (undefended matters) is much shorter, presently at just about 1 month.  The turnaround time however is much longer for our circuit court locations as a result of the frequency of the visits.

42 Court Bailiff

The Court Bailiff is an officer of the court who is employed on a permanent basis.  The bailiff is responsible for serving court processes, orders and writs of execution.  He attaches, removes and sells property to recover judgment debts due to judgment creditors (parties in whose favour the court has decided) in pursuance of a court order.  The services of the Court Bailiff are free of charge as all expenses incurred during attachment and execution are borne by the judgment debtor (party who has been ordered to pay)

43 Notice Of Motion

The form must be used in respect of urgent applications and applications for interim orders.  The notice of motion must state:

a.      

     i. The title of the matter

    ii. The relief sought;

    iii.The address at which the party; delivering the document will accept; service of the documents.

b. Contain a schedule listing any documents that may be material and relevant to the application;

Notify the other party that if it intends opposing the matter, it must file and serve a notice of opposition, and an answering affidavit if need be, within a specified period, failing which the matter may be set down for a hearing without further notice.

 

45 Statement Of Case

45. The form is completed by the applicant who refers a dispute to the court.  This statement should be filed with the Registrar within 30 days of the date that a certificate by the Commissioner is issued in terms of section 8 (10) of the Trade Disputes Act.

When the statement of case is filed, the Registrar enters the referral of the dispute in the case register and gives the referral a case number.

 A statement of case must –

a. Be signed by the party or the authorized representative of the party;

 b. Contain clear and concise particulars of the dispute and any material facts on which the  applicant relies for the relief sought;

c. Contain an address at which the applicant will accept service;

d. Set out clearly the nature of the relief sought;

e. Contain a notice that if the other party (respondent)

     i. Intends opposing the application, the respondent must deliver a statement of defence within 14 days after the service of the statement of case; or

     ii. Fails to deliver a statement of defence, the Court may in the absence of the respondent, determine the dispute;

Contain a list of documents relevant to the dispute which are under the applicant’s possession and control.

A copy of the statement of case must be served on the other parties to the dispute within 14 days of the filing of the certificate issued by the Commissioner. 

46 Statement Of Defence

The form is completed by the respondent who has been served with a statement of case by the applicant.  A respondent, who opposes the relief sought, must file a statement of defence within 14 days after the service of the statement of case.  The statement of defence must-

 a.     Be signed by the respondent or the authorized representative of the respondent.

 b.     Contain clear and concise particulars of the dispute and any material facts on which the applicant relies for the relief sought;

 c.      Contain an address at which the applicant will accept service;

 d.     Set out clearly the nature of the relief sought;

 e.     Contain a notice that if the other party (respondent)

 f.       Intends opposing the application, the respondent must deliver a statement of defence within 14 days after the service of the statement of case; or

 a.     Fails to deliver a statement of defence, the Court may in the absence of the respondent, determine the dispute;

 b.     Contain a list of documents relevant to the dispute which are under the applicant’s possession and control.

A copy of the statement of defence must be served on the other parties to the dispute within 14 days after receiving the statement of case.

47.Letter Of Referral

The form is completed by the applicant at the time of registration of the dispute with the court. The letter of referral must –

a.     Be signed by the applicant or the authorized representative of the party;

b.     Contain the name, address, telephone and identity numbers of the applicant;

c.      Contain the name, address and telephone number of the respondent (if any)

d.     Contain a copy of the section 7 certificate, received from the Commissioner of Labour (annexure)

e.     Contain a copy of the applicant’s statement of case (annexure)

50. Rules Of The Court

The rules are regulated by the court as it considers fit.  This is in accordance with section 18 (7) of the Trade Disputes Act. (No 15 of 2004).  The court is not bound by the rules of evidence or procedure in civil or criminal proceedings and may disregard any technical irregularity which does not and is not likely to result in a miscarriage of justice.  The rationale behind this, is to empower the Industrial Court, as a specialist court, to hear and determine trade disputes quickly and fairly.

The rules are promulgated in terms of the Trade Disputes Act to assist employees, employers, their associations, their legal representatives and the court, to secure and maintain good industrial relations in Botswana.

52. Escalation of Cases.

The Industrial Court is a court of first instance with the same legal status as the High Court.  As a result, appeals against decisions of the Industrial Court are appealable as of right to the Court of Appeal.  The decision of the Court of Appeal is final.

54 Translation Services

The Court employs permanent interpreters whose responsibility is to translate proceedings in the language that all the parties understand.  The language employed in court is English and the evidence, pleadings, processes and record of proceedings must be in that language.

If the party or a witness in any proceedings does not understand English, the Registrar arranges for an interpreter who can speak the language understood by the party or witness.  The service is free of charge.

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