Magistrates Courts are created by statute, the Magistrates Courts Act, as subordinate courts. "court" means the High Court of Botswana; "Registrar" means the Registrar of the High Court of Botswana. Votes of two-thirds of the Assembly CHAPTER VI The Judicature PART I The High Court . 4. The superior court for customary courts is the Customary Court of Appeal and in descending order to the headman’s court as the lowest court. 4. Execution of orders of High Court, magistrates' courts or other customary courts. 42. Power of appeal. The rules of civil procedure in the Magistrates Courts of Zimbabwe - When rules of civil procedure become an enemy of justice to self-actors.pdf The Zimbabwe Electronic Law Journal Commentary on Contemporary Legal Issues BLUE BOOK - BOTSWANA 17 (2) Witnesses attending before a Land Tribunal, at the instance of Tribunal, shall be entitled to be paid fees or allowances on the same scale as are applicable in a magistrate's court. Appeals out of time. 40. Summons in magistrate's court 127 . 4. The order of seniority or status of the court is as set out in the order of the numbering. Lodging of charges in a magistrate's court 126 . MAGISTRATE COURTS see s. 17 of Magistrate Courts Act POWER in terms of max.punishment and fine in criminal cases or damages in civil cases 1. territorial jurisdiction matters within its district Pecuniary jurisdiction section 30- civil claims not exceeding i. 3. Subject to the provisions of these Rules and of any enactment, the Rules of the High Court shall apply with the necessary modifications to the practice and procedure in matrimonial proceedings in the High Court. Chief and Regional Magis.- P40,000/ II.-Principal Magis. When the case is pending B. SUMMONSES AND CHARGES IN MAGISTRATES' COURTS 125 . These are usually the courts of first instance. Application of other rules. Charges in remitted cases C. INDICTMENTS AND SUMMONSES 128 . Nature of the courts and force and effect of process (1) Every court shall be a court … Service of any documents of the court under this Act, shall be-(a) effected by the clerk of the court, member of the Botswana Police Service, member of the Local Police or a Deputy Sheriff who shall deliver a certified copy of the documents to the respondent; and (b) … 41. Revisory powers of the magistrates' court. Courts of appeal. 44. 123 . Procedure on transfer from customary court to magistrate's court. Preliminary (ss 1-2) 1. Charge in the High Court to be laid in an indictment 124 . Supervisory powers by Chief. P30,000 Iii. Oaths to be taken by judges of High Court PART II Court of Appeal . Appeals. Jurisdiction and composition 96. Thus the superior court for Botswana is the Court of Appeal followed by the High Court and then Magistrates courts. In this Act, unless the context otherwise requires- "bailiff" When parties wish to have a matter heard, they approach their district Magistrate. Tenure of office of judges of High Court 98. 43. 99. PART I . Appointment of judges of High Court 97. Constitution_Of_Botswana.TXT PART VI Interpretation 94. 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. 45. Review as of course. (3) Any person subpoenaed to attend before a Land Tribunal who, 47. 39. Finally, we have Magistrates Courts. 46. This Act may be cited as the Magistrates' Courts Act. Short title . Establishment and Nature of Courts (ss 3-7) 3. An Act to make provision for magistrates' courts and for the jurisdiction of persons presiding over such courts and matters incidental thereto or connected therewith. 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