This is an application made to the court for the Judgment debtor to be imprisoned for failure to pay as per the settlement agreement made before the District Labour Office in terms of section 7(13) as read with 28(2) of the Trade Disputes Act of 2016.
Any party whom there has been nulla bona return filed by the Deputy Sheriff.
In order to file a civil imprisonment application, follow the steps below:
- Complete and file a notice of motion in term of the rules of court at the court registry.
- File a founding affidavit.
- Draft order.
The court will then hear the appeal on the date set and make its determination.
- Notice of Motion.
- Founding Affidavit.
- Draft Order.
- Certificate from District Labour Office to enforce settlement agreement in terms of section 7(13) of the Trade Disputes Act of 2016.
- Nulla Bona Return form the Deputy Sherriff.
- Writ of execution.
- Settlement form District Labour office.
Once the application has been delivered to the Judge for enrollment, the process is expected to be completed within approximately three (3) months.
This service is offered for free.
For more information, please refer to the Industrial Court Rules or contact the office listed below.
The Registrar
Industrial Court of Botswana
Private Bag BR 267
Gaborone, Botswana
Phone: (+267) 3900565
Fax: (+267) 3900567
Facebook: Industrial Court of Botswana
Opening hours: 07:30 to 12:45 and 13:45 to 16:30 Monday to Friday, except weekends and public holidays.
Additional information can also be obtained from the Industrial Court Rules