CHILD MAINTENANCE (FAMILY RELATED CASES)

SERVICE DESCRIPTION

Child maintenance is claimed by any person who has guardianship or custody of a minor child.  The person does not necessarily have to be the parent but must be able to show that the person legally responsible is not performing the duty.

HOW DO I OBTAIN THE SERVICE

Obtain a complaint form from the Clerk of Court and fill it at any Magistrate Court in your locality.  Forms are also available at District Commissioners’ offices in areas where there is no magistrate’s Court.

HOW DO I APPLY FOR SERVICE

After completing the form, have it commissioned by the Commissioner of Oaths (e.g. District Officer or Police). Attach a copy of the national identity card (Omang) and submit the form to the Clerk of Court for registration.

COST INVOLVED IN OBTAINING SERVICE

None

WHERE CAN I GET MORE INFORMATION

Any Magistrates Court.

Any District Commissioner’s Office

ADJUDICATION OF CRIMINAL CASES

Service Description

Prosecution of Criminal cases is at the instance of the State through the Directorate of Public Prosecution’s office.  The Court’s duty is to hear the evidence brought before it and make a determination of whether or not the Accused is guilty.

How Do I obtain a Service?

All criminal cases start with the Police who investigate and bring the Accused before the Courts for trial.  If you are complaining about a criminal act against you, you need to report the matter to the Police.

How do I apply for Service?

You need not apply other than give a statement to the Police and may subsequently be called upon to give evidence in Court to prove the case against the Accused person.

Cost Involved – Obtaining Service

No cost is involved.  If you are called to come and give evidence in Court, the Court will meet your traveling and subsistence expenses.

Where can I get more information?

The Registrar’s Office                                

High Court, Lobatse

Private Bag 001

Lobatse

Tel:  5330396/7

Email:  jmanzunzu@gov.bw

OR

The Registrar’s Office

High Court, Francistown

Private Bag F13

Francistown

Tel: 2412125

Emal : Gketlogetswe@gov.bw

OR

Clerk of the Court’s office

Any Magistrate Court  (Country wide)

( Please go to Court contact link)                  

ADMINISTRATION OF GUARDIAN FUND

SERVICE DESCRIPTION

The receipt and disbursement of all moneys of minor children (under 21); people who are not capable of controlling their own affairs and people whose whereabouts are unknown.  

HOW DO I OBTAIN THE SERVICE?

Once you receive a notice that payment of the funds has been made to the Master approach the office of the Master for assistance.  The fund for minor beneficiaries can be claimed for the welfare of the beneficiary including school fees, general maintenance and for providing shelter.  The Masters office deals with the Guardian in the case of a minor beneficiary or the owner of the money who must identify himself to the satisfaction of the Master. 

HOW DO I APPLY FOR THE SERVICE?

Application to claim money from the guardian fund is made by the Guardian through a letter or verbally.  The application must state what the money is required for and if it is for school fees there must be attachments of invoices from the school or where it is for construction of a house plans and quotations must be furnished.  If the beneficiary has attained the age of majority he must attach a certified copy of his identity document (omang) to the application letter. If the person whose whereabouts were unknown resurfaces, he must prove his identify to the master to his satisfaction.

COSTS INVOLVED

None

WHERE CAN I GET MORE INFORMATION?

Master’s Office Gaborone

Private Bag BR 293

GABORONE

Tel:  +267-3956339

Master’s Office Francistown

High Court Fancistown

Private Bag F13

FRANCISTOWN

Tel:  267-2412125

ALLOCATION OF ATTORNEYS TO POOR LITIGANTS

            Service Description

There is a provision in the Rules of the High Court  and Magistrates Courts, where upon successful application for legal assistance  by a poor litigant, who is unable to  raise money to pay an attorney/lawyer to represent her/him, can get government assistance to pay for the legal fees for her/him.

How do I obtain The Service?

Make an application to sue or defend as a pauper to the Registrar in the case of the High Court and to the Magistrate in the case of the Magistrate Court.  The application must be supported by affidavit stating fully the grounds of action or defence and the particulars of one’s means.

How do I apply for service?

Same as above.

Cost involved in obtaining service.

Free

Where can I get more information?

The Registrar’s Office                                

High Court, Lobatse

Private Bag 001

Lobatse

Tel:  5330396/7

Email:  jmanzunzu@gov.bw

OR

The Registrar’s Office

High Court, Francistown

Private Bag F13

Francistown

Tel: 2412125

Emal : Gketlogetswe@gov.bw

OR

Clerk of the Court’s office

Any Magistrate Court  (Country wide)

( Please go to Court contact link)