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In Botswana there has been a departure from the standard structure of Rules in Roman-Dutch jurisdictions with the introduction of the judicial case administration of litigation. The High Court is a court of first instance, although it hears appeals from lower courts (for instance the Magistrates’ Court) and tribunals , in addition to critiques of the decisions of the same. The paper additionally explores the extent to which the University of Botswana Legal Clinic fills the gap left by the Legal Aid Botswana in the provision of Legal Services in the nation. In cases of movement proceedings the matter does not go for trial and oral evidence isn’t heard. Primary Statutes– The main penal statutes utilized by the Directorate in felony prosecution are the Penal Code, Criminal Procedure and Evidence Act which provides steerage on common matters of process in criminal litigation. Contempt proceedings are also out there to litigants in appropriate circumstances where a recalcitrant party leaves the counterparty no choice however to hunt the High Court’s intervention. Motion proceedings start with the service of a discover of movement supported by an affidavit as to the information upon which the applicant relies for relief. However, the prosecutorial mandate extends broadly to all such different legislation except where statute provides for trial by court docket martial. In executing his/her mandate, the Director is constitutionally obligated to consult with the Attorney General on matters thought-about by the latter to be of nationwide importance. Jeffrey Bookbinder of Bowman Gilfillan Africa Group’s Bookbinder Business Law workplace in Gaborone, outlines the important thing steps to dispute resolution in Botswana .
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The paper explores the role of Legal Aid Botswana and the extent to which it is committed to providing legal providers to indigent members of society in Botswana. We provide all of those with utmost professionalism, but we are not solely restricted to them.
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