Thus, Botswana becomes the 19th country on the continent to decriminalize homosexuality. Pilane (with him Mr. G.I. 5. General forms of process, fees, etc. 3. (a)   insofar as the third party's plea relates to the claim of the party issuing the notice, the said party shall be regarded as the plaintiff and the third party as the defendant; (b)   insofar as the third party's plea relates to the plaintiff's claim, the third party shall be regarded as a defendant, and the plaintiff shall file pleadings as provided by the said rules. People who 2. 7. 03:07); "defendant" includes a defendant to a counter-claim; "deliver" means file the original with the Registrar and serve copies bearing the Registrar's date stamp on all parties; "Director of Public Prosecutions" includes any counsel delegated to handle a criminal case on behalf of the Director of Public Prosecutions; "Form" means a form set out in Schedule 1 to these Rules; "judge" means the judge to whom a cause has been allocated under Order 42, sitting in open court or in chambers; "judicial division" means a division of the High Court of Botswana as may be prescribed as such from time to time; "magistrate" means a person appointed as such under section 104 of the Constitution; "Master" means the Master of the High Court appointed under section 4 of the Administration of Estates Act (Cap. If a bond or obligation has been given by the defendant or by anyone on his behalf in terms of rule 6, the plaintiff shall proceed with his action precisely as if there had been no arrest and the writ of arrest shall in that case stand as a writ of summons in the action. (c)   the judge making such order may make any additional order which to him seems meet with regard to the further procedure, and may give one judgment disposing of all matters in dispute in the said actions. Fortunately, rd for … (c)   make such other order as he deems fit to ensure the expeditious disposal of the case. The casual manner in which she treated this matter and her open contempt of the processes of this court were intolerable. (2) Except in the case of arrest; writs of summons, petitions, notices, summonses, orders, pleadings and other documents shall not be served on a Sunday or between 7 p.m. and 7 a.m. of any other day, and no such service shall be valid if made. Application shouldn’t be absent where these rules are applicable. Service shall be proved in one of the following manners-. Botswana's high court struck down laws banning gay sex on Tuesday African … Such notice shall state the nature and grounds of the claim of the party issuing the same, the question or issue to be determined, and any relief or remedy claimed; and in so far as the statement of the claim and the question or issue are concerned, the rules with regard to pleadings and to summonses shall mutatis mutandis apply. 8. 1. 3. Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint. The case was brought by a young activist who said Botswana’s society had changed since sections of the country’s … 3. Commencement of Proceedings . The LGBT Foundation is a not-for-profit organization with the mission to create the LGBT Token cryptocurrency and utilize blockchain technology to achieve equal rights and acceptance for all members of the LGBT+ community worldwide. 2. (b)   order the delivery of the better statement or further particulars within a stated period. Siblings, parents and children of the deceased. 7. (4) Delivery to the plaintiff of a memorandum of appearance may be effected by sending by post to the plaintiff, if the plaintiff sues in person, but otherwise to the plaintiff's attorney, at the plaintiff's address for service, a copy of the memorandum of appearance on the day it is date stamped by the Registrar. 2. UNIFORM RULES OF COURT. (b)   the defendant to an action serves a plea and counter-claim on a person under disability who is not already a party to the action, and no appearance is entered for that person, an application for the appointment by the judge of a guardian ad litem of that person must be made by the plaintiff or defendant, as the case may be, after the time limited (as respects that person) for appearing and before proceeding further with the action or counter-claim. (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. Whenever the judge, or the Registrar when acting under Order 30, is not satisfied as to the effectiveness of the service, he may order such steps to be taken as to him seems meet. (3) A person shall not be added as a plaintiff without his own consent in writing thereto. 23. 9. Advocates and Attorneys: warrants to sue and defend, 8. Download full ruling (Gaborone, Botswana) Today, on 11 June 2019, a full bench of the High Court of Botswana ruled to shake remaining relics of its colonial past and to strike down section 164(a) and (c), and section 167 of the penal code which criminalize same-sex relations, or “carnal knowledge against the order of nature”, … (a)   dismiss the exception, in which event the subsequent pleading shall be filed and delivered within 10 court days of such dismissal; (i)   dismiss the action or defence, as the case may be, or, (ii)   allow such amendment as may be necessary to remove the cause of complaint, in which event the subsequent pleading shall be filed and delivered in terms of paragraph (a) above; or. 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. 4. (2) After registration, every pleading to be served or filed shall be endorsed on its first page with the name of the judge to whom the case has been allocated. 4. True African culture celebrates diversity and promotes acceptance”, Botswana joins a movement by countries to provide equality under the law and unburden laws from the colonial times.  Botswana joins Angola, Mozambique, India, Trinidad and Tobago and others in removing these laws.  Several countries still maintain discriminatory colonial-era relics, including places such as Singapore, Sri Lanka, Uganda and, recently Kenya’s High Court ruled last month to maintain its barbaric law.  Martin Choo an activist in Malaysia, a former British colony, commented on the victory for Botswana “It is time we cast off the colonial yoke of repression that marginalised countless lives.  The legacy of normalisation and criminalising of sexuality has caused unnecessary harm for generations after the fall of Imperial Britain.”. Application of Rules . 8. "guardian" shall include guardian ad litem, curator and tutor, as the context requires.    ORDER. 04:02); "Registry" includes the Registry at the High Court at Lobatse and Francistown and at any seat of the High Court that may be gazetted as such; "Sheriff" includes a Deputy-Sheriff and any person acting under the general or special directions of the Sheriff; "trial" includes the substantive hearing of application or petition proceedings, where applicable. He relied on the facts that the summons had not been served on him and the application for default judgment had not been accompanied by the affidavit required where there had been no personal service of the … The provisions of rule 9 shall further apply to all applications for the appointment of administrators and trustees under deeds or contracts relating to trust funds or to the administration of trusts set up by testamentary disposition. 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