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Urgent Application with The IC

This is a process where applications are brought before court on the basis that the applicant's case is urgent and should not follow the normal process of hearing as outlined under guideline 5. Here the applicant is expected to show why his case should be given preference over others that are in the queue. The applicant should show that his is exceptional. In other words his circumstances should not be normal circumstances flowing from termination of employment, i.e. loss of income, undue hardship, evictions, repossessions etc. If an applicant is able to demonstrate that his/ her case is urgent, then it is heard almost immediately. The respondent will still be given an opportunity to oppose the application as well.

Registration of Trade Dispute

Lodging Trade Disputes

Guidelines for registration of trade dispute

Before a case can be registered at the court, the applicant has toreport the case to the labour office for mediation. when mediation has not been successful, referral certificate will be issued.

It is only when the certificate has been produced that the case can be registered with the court.

At the Industrial Court, the applicant will then be given a form which is called statement of case wherein he/she will fill his/her personal details, terms of employement as well as a brief summary of facts of the circumstances that led to the disputes at hand.
This is completed in triplicate.

the statement of case is then delivered to the respondent within 14 days from the date of registration and the applicant must then file the document indicating that the statement of case has been delivered to the respondent.

If the respondent intends to oppose the applicant, he/she must file opposing statement of case within 14 days after receiving the statement of the case. After that the respondnt has to give the applicant a copy of his statement of defence and file a copy with the court.

After this process the case is ready to be heard.

The registrar of the court then issues notices to both/all parties informing them of the date of hearing

Registration of Trade Disputes by Civil Servants

Since 2004 when the new Trade Disputes Act came into operation, civil servants may now bring their disputes against the government to court.

Registration of Trade Disputes by members of the BDF, BPS, Local Police and Prisons Service

Members of the Botswana Defence Force, Botswana Police Service, Local Police Service and the Prisons Service are not included in the category of employees that can lodge a dispute against Government at the Industrial Court

Use of Assessors at the IC

In court the judges sit with two assessors. These assessors are drawn from a list of persons nominated by the employers' organisation and workers union (BOCCIM and BFTU) respectively. In the Industrial Court proceedings, assessors contribute only to issues on fact; the Judge alone decides questions of law. The role of the assessors is generally welcomed on the basis that they contribute to the confidence of litigants on both sides in the court.

Representation at the IC

In terms of section 21 of the Trade Disputes Act a party in any proceedings before the court may appear in person (unrepresented), by advocate or may be represented by any other person authorized by that party. This is in line with industrial Court being a court of equity.

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.

Execution of Writs

This information will be published shortly. Please bear with us

Notice of Motion form

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;

c) 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.

Notice of Motion Form

Applicant's 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;

f)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

Applicant's Statement of case

Respondent's Statement of Case

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

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

h) 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.

Respondents Statement of Defence

Letter of Referral rule 4 (1) & (2)

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)

Letter of referral rule 4 (1) & (2)