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List of practicing deputy sheriffs - 2019

Any aggrieved party who feels there is a justifiable reason to issue restrain or block another party from being permitted to take a specific course of action may apply to the Magistrates Court for a restraining order.

Members of the public and social welfare workers who identify a child suffering from neglect, abuse or exceptionally poor living conditions can approach the Magistrate courts for assistance. The Court can allow for the Social worker intervention or removing the child from the situation.

The following is an overview of the history, jurisdiction and characteristics of the levels of courts in Botswana:

The Court of Appeal

The Court of appeal is the highest court in the country and is the final arbiter of all legal matters. It is headed by the Judge President.

It currently has a total complement of nine Justices  of Appeal. The Judge President and five citizen justices with the remainder being visiting justices. Judges of the high court are ex officio members of the Court of Appeal.

The High Court

The High Court is a superior court of record with unlimited jurisdiction. The Chief justice is the most senior judge. The Chief Justice is both the administrative and judicial head of the judiciary. The High Court currently has a complement of twenty seven citizen judges.
There are currently four locations of the High Court: Lobatse, Francistown, Maun and the headquarters in Gaborone. The High Court presides over matters beyond jurisdiction of the lower courts, and appeals emanating from the lower courts.

Industrial Court

The Industrial Court is a Court of Law and Equity, created by section 14 of the Trade Disputes Act No.6 of 2016. the Court has exclusive judgments in all labour disputes and ranks equal to the High Court in its status and power. Its judgments are appealable to the court Appeal.

The Magistrate Court

The Magistrate court are created by statute with power defined by the Magistrates Courts Act. They are subordinate to the High Court. Unlike the High Court, Magistrates Courts are not created by the Constitution. They are therefore controlled and supervised by the High Court, through reviews and appeals.

The Botswana Magistracy performs a very pivotal role in the judiciary of the nation. The Magistrates try the bulk of the offences committed and they handle the bulk of common disputes between ordinary citizens of Botswana.

The following services are available at the Magistrate Courts:

• Family related cases such as paternity and alimony orders.
• Adoption of children.
• Restraining orders in domestic violence cases.
• Civil suits; here individuals sue others for non-payment of debts, breach of contracts, etc.
• Criminal trials- Magistrates Courts hear the bulk of criminal cases.

Magistrates Courts have gone through a complete transformation, from courts that were presided over by administration officers to courts wholly staffed by professional magistrates with legal qualifications. In 1966, there were only two magistrate courts in the country, one in Lobatse and the other in Francistown. But the growth and development of Magistrate Courts has been considerable. Today, the courts operate in 25 different centres around the country. These courts handle a large percentage of litigation in the country. Jurisdiction of the Magistrates court is BWP60,000.00.

The development of the Judiciary is intertwined with the political development of Botswana. The administrative changes that have taken place from the days of colonization to date have also affected the Judiciary and its nature. The functions of the Judiciary are primarily to promote the resolution of disputes in courts and to adjudicated cases  within its jurisdiction. By so doing, the judiciary is contributing to the maintenance of peace and tranquility.

The Judiciary is established by the constitution as one of the three arms of Government. Its pivotal role in the governance of the country is defined in the Constitution as the adjudication of both civil and criminal cases involving citizens and the state. It comprises of the Court of Appeal and the High Court and the Magistrates Courts.

Botswana has a dual legal system; that is the received law: Roman Dutch Law existing side by side with Customary Law. This is not dissimilar to other former colonies. During colonial times, Botswana had both foreign inhabitants living side by side with the indigenous people of the country. Each society was governed by legal regime it was familiar with. Foreign colonizers were governed by the received law while the indigenous (Batswana) were regulated under customary law.

The Judiciary is independent from the two other arms of government: the Executive and the Legislature. To further reinforce the independence of the Judiciary and to ensure that it is insulated from interference from the other arms, the constitution demands the existence of the Judicial Service Commission (JSC).

The JSC’s responsibility is the assessment and recommendation of officers to be appointed for Judicial posts and their discipline. Judicial appointments, although made by His Excellency the President, can only be made on the recommendations of an individual by the JSC, with the exception of the appointment of the Chief Justice and the President of the Court of Appeal. The powers and main functions of the Judiciary are defined under Part VI, Section 95 of the Constitution as to hear and determine any civil and criminal cases under any law.

The ultimate goal of an effective and efficient Judiciary is to stop people from taking the law into their own hands and promote an amicable resolution of their disputes. The citizens of Botswana have the right to demand and enjoy the existence of judicial independence.

This individuals and families interested in adopting children in Botswana. must submit a written application to the Civil Registry at the Magistrate's court.