Published: 1976-12-01
Key Benefits:
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title
2. Interpretation
PART II
High Court
3. Judges of the Court
4. Rank and precedence
5. Seal of the Court
6. Proceedings of Court to be disposed of by single judge
7. Assessors
8. Language to be employed in Court
9. Proceedings to be open to the public
10. Appellate jurisdiction of Court
11. Civil appeals to Court
12. Power in civil appeals
13. Appeal not to act as stay of execution
14. Magistrate's court to conform with order of Court
PART III
Registrar
15. Registrar
16. Powers and duties of Registrar
17. Authorization
18. Sheriff
PART IV
Civil Proceedings
19. Manner of securing attendance of witnesses in civil proceedings
20. Expenses of witnesses
21. Refusal of witness to give evidence
22. Property not liable to be seized in execution
23. When civil imprisonment to be decreed
24. Offences related to execution
PART V
General
25. Protection of judicial officers
26. Restriction of vexatious actions
27. Execution of warrants
28. Rules of court
Act 21, 1974,
Act 2, 1975,
Act 12, 1976,
S.I. 157, 1976,
Act 5, 1980,
Act 20, 1986,
Act 13, 1999,
Act 14, 2005,
Act 4, 2009.
An Act to consolidate and amend the law relating to the High Court of Botswana.
[Date of Commencement: 1st December, 1976]
Preliminary (ss 1-2)
1. Short title
This Act may be cited as the High Court Act.
2. Interpretation
In this Act unless the context otherwise requires-
"Court" means the High Court of Botswana;
"customary court" and "customary court of appeal" means the customary court and customary court of appeal respectively, set up under the Customary Courts Act;
"judge" means a judge of the Court and includes the Chief Justice;
"judgment" includes any decision, decree, determination, finding, sentence or order of any court;
"magistrate's court" means a court established under section 3 of the Magistrates' Courts Act;
"Registrar" means the Registrar of the Court and includes a Deputy Registrar and an Assistant Registrar;
"rules of court" means rules of court made under section 28;
"seal" includes stamp;
"Sheriff" includes a Deputy Sheriff and persons acting under the general or special direction of the Sheriff.