3.       Subpoenas

            Whenever a subpoena purporting to be issued by the officer of a court in a neighbouring state to which this Part applies has been transmitted by such officer to a magistrate having jurisdiction in the district in which there resides or is a person whose attendance is required as a witness in such court, it shall be the duty of the magistrate to whom the subpoena has been transmitted to endorse thereon his order that the same be served on the person named therein, and the subpoena so endorsed shall thereupon be delivered to the proper officer for the service of the process of a magistrate's court or to such other person as the official endorsing shall specially appoint for the purpose, and it shall be the duty of such officer or other person to serve such subpoena as soon as practicable on the person named therein:

            Provided that-

      (i)     the necessary expenses of such service and the necessary expenses to be incurred by the person subpoenaed in going to and returning from the court named in such subpoena, and to be incurred during his detention at the place where his evidence is given, have been transmitted together with the subpoena;

      (ii)     the portion of the expenses assigned to the person named in the subpoena has been paid to him by the officer or other person serving the same.

4.       Penalty for neglecting to attend when subpoenaed

            Any person who has been served with a subpoena as provided in section 3 and has not taken any steps in Botswana as may enable him to attend at the time and place mentioned therein shall be liable to a penalty not exceeding P200 unless he offers a reasonable excuse for such non-attendance; and every such penalty shall be recoverable at the suit of the Government in a magistrate's court of the district in which he resides.

5.       Proof of non-attendance

            The return of the person who under section 3 is authorized to serve a subpoena showing that service has been duly served together with a certificate under the hand and seal of the presiding judge, commissioner or other judicial officer of the court from which the subpoena was issued showing that the person so served did not attend when called upon and did not establish any valid and lawful excuse for his default shall be deemed sufficient proof of such person's non-attendance for the purpose of enforcing the penalty in section 4.

6.       Protection of witnesses

            No person resident in any country to which this Part applies who is summoned as a witness before any court and whose attendance before such court is enforceable by any law of such country shall be liable while so attending to be arrested upon any civil or criminal process for any debt formerly due or for any offence formerly committed by him in Botswana.