Botswana's high court has thrown out a colonial-era law that criminalized same-sex relations in a landmark ruling lauded by activists. The publishers assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided in this publication and/or for any consequences of any actions taken on the basis of the information provided, legal or otherwise. The effect of the High Court Rules is that litigation in Botswana has become “front heavy” where a significant amount of work, preparation and documents are required at the initial stages of litigation rather than when the parties are preparing for trial or at the stage when the parties would otherwise have exchanged documents. "patient" means a person who, by reason of age, infirmity, disability or mental disorder, is incapable of managing and administering his property and affairs; "person under disability" means a person who is under the age of 21 years or a patient. Botswana's government will appeal against a landmark High Court ruling that decriminalised homosexuality, the attorney general says. Release of sureties 117 . 7.-(1) The Judicial and Legal Services Commission may appoint persons admitted as barristers and solicitors in Fiji, or … Every affidavit shall be entitled in the cause in which it is sworn. (1) If the plaintiff (or a defendant in the case of proceedings involving a third party) experiences difficulty in effecting personal service on a defendant or other party to the proceedings, he may apply to the judge for leave to effect substituted service of the process on such defendant. In every action the writ shall be endorsed with the particulars of the claim, signed by the plaintiff or his attorney which particulars shall state truly and concisely the nature, and the grounds of the cause of action and the relief sought. Where a party to an action has against any other party (whether either such party became a party by virtue of any counter-claim by any person, or by virtue of a third party notice, or by any other means), a claim referred to in rule 1, he may issue and serve on such other party a third party notice in accordance with the provisions of this rule; except that no further notice of intention to defend shall be necessary, the same procedure shall apply as between the parties to such notice and they shall be subject to the same rights and duties as if such other party had been served with the third party notice in terms of rule 1. The judge may for good cause shown order the plaintiff's claim and the claim in reconvention to be tried separately. (ii) copies of the documentary exhibits to be relied upon or, in the case of a running account, a statement of account from inception stating with descriptions thereof all debits and credits and the outstanding balance. 8. (3) Such leave shall only be given on good and sufficient cause and upon such terms as the judge deems just. 6. Who is eligible? (a) the said actions shall proceed as one action; (b) the provisions of this Order shall mutatis mutandis apply with regard to the action so consolidated; and. 9. This is the court that lies between the Magistrate Court and the Court of Appeal. (b) that any question or issue in the action is substantially the same as a question or issue which has arisen or will arise between such party and the third party and should properly be determined not only as between any parties to the action but also as between such parties and the third party or between any of them,such party may issue a notice (hereinafter referred to as a "third party notice"), as near as may be in accordance with Form 10 in Schedule 1, which notice shall be served by the party issuing this upon the third party and any other party to the action. Upon the day named in the summons the defendant may appear personally or by counsel to admit or deny his liability and may, not later than noon of the court day but one preceding the day upon which he is called upon to appear in court, deliver an affidavit setting forth the grounds upon which he disputes liability. (1) Subject to the provisions of this Order, an originating process may, before service, be amended by the plaintiff as he thinks fit. 116, 2004,S.I. High Court in Botswana Rules to Decriminalize Same-Sex Relations. (c) if he intends to raise a question of law only, deliver notice of his intention to do so within the time stated in the preceding paragraph, setting forth such question: (4A) The provisions of subrule (4) shall apply notwithstanding the provisions of rule 2(2) of Order 42 unless the judge otherwise directs. 4. (3) The writ of summons and all other documents in any cause shall be numbered by the Registrar before issue with a consecutive number for the year and the cause shall, at the time of issue, be entered by him in the Civil Record Book under that number. Botswanaâs anti-gay laws have been in place since 1965 and are a remnant of the countryâs British colonial past. People who broke the law had faced the threat of a seven-year prison sentence. 5. With this decision, the court has continued its record of trailblazing recognition of the human rights of LGBTIQ people in the country. Home | Terms & Conditions | Privacy Statement | Publishing Services | Blackhall Publishing | Contact Us | Sitemap. UNIFORM RULES OF COURT. (2) He must admit or deny every allegation or state that he has no knowledge concerning it, or confess and avoid it. (2) An application for an order under this rule must be supported by sufficient evidence that the statements of fact made in the special case, so far as they affect the interest of the person under disability, are true. 10. 3. ORDER 18PROCEEDINGS BY OR AGAINST PARTNERSHIPS AND ASSOCIATIONS. (3) A special case to which this rule applies shall not be entered for argument by the Registrar unless, at the time when the application is delivered to him, there is produced to him a copy of the order required under this rule. The judge, after hearing an application, whether brought ex parte or otherwise, may make no order thereon (except as to costs, if any), but grant leave to the applicant to renew the application on the same papers supplemented by such further affidavits as the case may require. (2) The bond or obligation to be given to the Sheriff or his deputy under subrule (1) shall be as near as may be in Form 8 in Schedule 1. 10. High Court of Botswana has this week ruled that the former Permanent Secretary to the President, Carter Morupisi, and wife Pinny Morupisi have a case to answer in their ongoing corruption and money laundering case. Amendment of the Rules of the High Court (Cap. Lekgowe (with him Ms. P. Ramaja & Mr. T.K. … (1) As soon as a writ of summons is issued, the Registrar shall prepare a cover endorsed with the reference of the judge in which all pleadings, applications, affidavits and other processes or proceedings relevant to the case shall be filed. 1. 05:03). But the sub-Saharan country has become slowly more tolerant over the years. Bisi Alimi wrote on African history, âThe idea that homosexuality is âwesternâ is based on another western import â Christianity. 115, 1969,S.I. All writs, documents or other process or document prepared by an attorney shall be backed with the name and place of business of the attorney stating the capacity in which he acts. When a contract, promise or agreement is alleged in any pleading, a bare denial of the same by the opposite party shall be construed only as a denial of fact of the express contract, promise or agreement alleged, or of the matters of fact from which the same may be implied by law, and not as a denial of the legality or sufficiency in law of such contract, promise or agreement. (b) in cash paid to the proper officer of the court, who shall forthwith issue an official receipt for the cash. 1. (3) Upon hearing such application the judge may order that substituted service be effected on the defendant or other party by sending the process by pre-paid registered post to the last known place of residence or place of business of the defendant or other party within the jurisdiction or by advertisement in a local newspaper circulating in the area where the defendant or other party had his last place of residence or place of business. 12. In terms of the Botswana High Court Rules, no legal proceedings can be instituted unless the Plaintiff files a Power of Attorney and Resolution (simultaneously with the Summons), and no proceedings can be defended unless the Defendant files a Power of Attorney and Resolution (simultaneously with the Appearance to Defend). Where there are numerous persons having the same interest in one cause, one or more of such persons may sue or be sued, or may be authorised by the judge to defend such cause on behalf of or for the benefit of all persons so interested, provided that he or they are duly authorised to represent all such persons. High court of Botswana Private Bag F13 Francistown Tel: (+267) 2412125 / (+267) 2416378 Fax. 5. No proceedings shall terminate solely by reason of the death, marriage or other change of status of any party thereto unless the cause of such proceedings is thereby extinguished. To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. The judge may receive any affidavit sworn for the purpose of being used in any cause, notwithstanding any defect by misdescription of the parties or otherwise in the title or jurat, or any other irregularity in the form thereof, and may direct a memorandum to be made on the document that it has been so received. … ORDER 2—COMMENCEMENT OF PROCEEDINGS . 4. 3. 18. (2) Where an exception, application to strike out, or request for further particulars is filed, the time for filing the plea shall be extended as provided for in rules 17,18 or 19 of Order 20: Provided that where the declaration is accompanied by an application for summary judgment there shall be no such extension of time for the filing of an affidavit resisting summary judgment under rule 3(b) of Order 34. 6. LGBT activists celebrated the … 5. (c) be as near as may be in accordance with Form 5 in Schedule 1. 1. Thus, Botswana becomes the 19th country on the continent to decriminalize homosexuality. 2. (1) In any action, any party may make application for directions in respect of any interlocutory matter on which a decision may be required, either by notice on a motion day or at a case management conference. (3) An application under subrule (2) shall be made informally to the Registrar by a party at any time before or after the commencement of the proceedings stating the grounds on which he claims the payment of fees should be dispensed with. A writ of summons shall be prepared by the plaintiff or an attorney and shall be written or printed or partly written or partly printed on A4 paper of good quality. Magistrates Appointment of magistrates. (d) subject to subrule (5), that notice of the application was, after the expiration of the time limited for appearing, and at least seven court days before the day named in the notice for hearing of the application, so served on him. Enforcement of protective provisions under section 18 of the Constitution, 74. No pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same. You can bring attention to these issues by using the hashtag #decriminalizeLGBT. (1) Where a party, in order to plead requires a further and better statement of the nature of the claim or defence, or further and better particulars of any matter stated in a pleading, that party shall, within the period allowed for filing the subsequent pleading, and before filing any other pleading, deliver a notice of application for such better statement or further particulars, and by such notice shall allow the other party 10 court days within which to deliver such better statement or further particulars. 2. (1) A plaintiff suing a partnership may include in any writ of summons a notice calling for particulars of the full name and residential address of each partner as at the relevant date. 10. 02:05). (2) Before enrolling or applying at any case management conference for the hearing of an exception, the excipient shall, by his notice of exception, accord to his opponent the opportunity of removing his cause of complaint within 10 court days, failing which removal the application may be made. 2. In every affidavit made by two or more deponents the names of the several persons making the affidavit shall be inserted in the jurat, except that if the affidavit of all the deponents is taken at one time by the same officer it shall be sufficient to state that it was sworn by both (or all) of the "above- mentioned" deponents. (7) The officer shall then retain the original and one copy and return the other copies duly impressed with the date stamp and signed as aforesaid to the person presenting the same. Any person against whom an interim order is granted ex parte may anticipate the return day upon delivery of not less than 24 hours' notice. 14. Facts and allegations already set forth in the plea or in the declaration and admitted in the plea may be incorporated in the claim in reconvention by reference to the relevant paragraphs of the plea or declaration, as the case may be. Application of these Rules shall be directed towards the achievement of a just, efficient and speedy dispensation of justice. Some countries may have seen significant advancements in LGBT equality, but is it true equality when the rest of our community is criminalized? Solange Chadda v. … 13. Special cases and adjudication on point of law, 39. (2) Upon payment of the prescribed fee the Registrar shall sign and date- stamp the original and all the copies. 6. (b) where the defendant's full name is unknown to the plaintiff and cannot be ascertained, that fact should be stated and such particulars as can be ascertained, including the defendant's name and where possible such initials as are known, should be given; (c) the full name, occupation and residence or place of business of the plaintiff, and if he is suing in a representative capacity, the capacity in which he sues; (d) where the plaintiff is an individual, the plaintiff's gender, marital status and whether a married plaintiff is married in or out of community of property; (e) where the plaintiff is an incorporated or unincorporated entity, the name of the plaintiff, whether or not the plaintiff is incorporated and, if so under what law and the plaintiff's registered office or principal place of business. 22, 2014,S.I. 3. Rule 6 shall apply mutatis mutandis in regard to the continuance of proceedings against any member, servant or agent referred to in paragraph (a) of rule 8. (5) If two or more defendants to an action enter an appearance by the same attorney and at the same time, only one memorandum need be completed and delivered for those defendants. The court dismissed the “no case to answer” that Morupisi and his wife had brought before the court. Whenever by reason of an event referred to in rule 1 it becomes necessary or proper to introduce a further person as a party in such proceedings (whether in addition to or in substitution for the party to whom such proceedings relate) any party thereto may forthwith by notice to such further person, to every other party, and to the Registrar, add or substitute such further person as a party thereto, and subject to any order made under rule 4 hereof, such proceedings shall thereupon continue in respect of the person thus added or substituted as if he had been a party from the commencement thereof and all steps validly taken before such addition or substitution shall continue to be of full force and effect: Provided that except with the leave of the judge granted on such terms (as to adjournment or otherwise) as to him may seem meet, no such notice shall be given after the commencement of the hearing of any opposed matter; and provided further that the copy of the notice served on any person joined thereby as a party to the proceedings shall (unless such party is represented by an attorney who is already in possession thereof), be accompanied in application proceedings by copies of all notices, affidavits and material documents previously delivered, and in trial matters by copies of all pleadings and like documents already filed of record. 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Consolidation of actions, motions and petitions, applications and warrant of arrest, etc Publishing Services Blackhall! May order to be brought under the Rules of the SEVERAL PROVINCIAL and DIVISIONS... And delivering a memorandum of appearance whether it is temporary or permanent plaintiff has already taken enforce! Service shall be issued by the Registrar shall deliver the better statement or particulars. Sources where civil PROCEDURES can be found in Botswana documents upon which the is. On the continent to decriminalize homosexuality ; and to high court rules botswana it has been allocated conferences 43. Steps, if any process shall be issued by the Registrar shall not be added as a plaintiff without own. Reckoned as follows- LI 2016/225 ) Note ; ( b ) order the plaintiff 's claim and the provisions this! Summons, petitions, applications and warrant of arrest and imprisonment SOUTH AFRICA report to judges and other.! 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