Legal assistance is provided to litigants with limited financial means who are involved in civil and criminal cases.
In Civil cases, any party who desires to sue and defend as a poor litigant may apply in writing for leave to sue or defend as a poor litigant, as per Order 5 of the Magistrate Court rules and Order 46 of the High Court rules.
In criminal trials/ appeals, pro-deo lawyers (lawyers whose fees are paid directly by the government) can be assigned to defendants of limited financial means.
- Any individual who is instigating or defending themselves against a civil case may apply for legal assistance from the courts.
- These individuals must be unable to afford professional legal assistance.
- For criminal cases, accused persons charged with murder, manslaughter, attempted murder or treason are entitled to pro-deo representation.
- The decision is made by the Registrar of the High Court/ Magistrate.
- They must submit a letter/application, in writing, to the Registrar/ Magistrate of the court outlining that: they are requesting permission to sue or defend as an individual of limited financial means. Also explaining that they lack the financial means to afford their own legal assistance.
- The Registrar/Magistrate, on receipt of the letter/application, will make inquiries as to the means of the applicant in order to assess the legitimacy of the claim. The Registrar/ Magistrate may require the applicant to provide a verbal oath or a written affidavit for the lack of financial ability.
- Once the Registrar/ Magistrate approves the written application, the case is referred to a legal practitioner who makes the assessment of whether the applicant has a reasonable chance of success in their case before deciding whether take the case. The applicant will be informed through written correspondence of the outcome of his or her application.
- The Registrar/ Magistrate will grant the applicant leave to sue or defend without payment of court fees. The applicant will be given a document signed by the Registrar/Magistrate stating that he is given leave to sue or defend without payment of court fees. The applicant will then attach a copy of the said document whenever filling documents at the Registry.
To submit the letter/ order granting permission to sue or defend as pauper.
- Approximately one business day.
- Once the applicant submits his\her application the Registrar's secretary/ Clerk then makes an appointment for a given date. On the appointed date the Registrar/ Magistrate will enquire into the means of the applicant and for that purpose may require the applicant to give evidence on oath, either in person or by affidavit. The Registrars/ Magistrate ruling will be delivered on the same day.
- The decision of the Registrar/ Magistrate shall be final as to whether the applicant has sufficient means to finance his action or not.
No cost
Kindly contact one of the offices listed below:
|
Court of Appeal Private Bag 00316 Gaborone Botswana Tel: (+267) 371 8000 |
Gaborone High Court P O Box 00220 Gaborone Botswana Tel: (+267) 3718000 Fax: (+267) 3915119 |
Francistown High Court Private Bag F13 Francistown Botswana Tel: +267 241 2125 Fax. (+267) 2416378 |
|
Lobatse High Court Private Bag 001 Lobatse Botswana Tel: +267 5338000 Fax: (+267) 5332317 |
Regional Magistrate Court-North Private Bag F149 Francistown Botswana Tel: (+267) 2410624 |
Regional Magistrate Court- South Private Bag BR293 Gaborone Botswana Tel: (+267) 3956339 |
|
Gaborone - Village |
Broadhurst Private Bag BR 122, Gaborone Botswana Tel. (+267) 3956381 |
Extension II Private Bag X10 Gaborone Botswana Tel. (+267) 3956381 |
| Lobatse Private Bag 16 Lobatse Botswana Tel. (+267) 5330540 |
Kanye Private Bag 17 Kanye Botswana Tel. (+267) 5440276/ 78 |
Jwaneng Private Bag 10 Jwaneng Botswana Tel. (+267) 5880628 |
| Mochudi Private Bag 029 Mochudi Botswana Tel. (+267) 5777601 |
Molepolole Private Bag 0022 Molepolole Botswana Tel. (+267) 5920402 |
Tsabong Private Bag 359 Tsabong Botswana Tel. (+267) 6540277 |
| Gantsi P. O. Box 206 Gantsi Botswana Tel. (+267) 6596352 |
Maun Private Bag 0271 Maun Botswana Tel. (+267) 6860370 |
Francistown Private Bag F19 Francistown Botswana Tel. (+267) 2413793 |
| Masunga Private Bag 11 Masunga Botswana Tel. (+267) 2489277 |
Letlhakane Private Bag 32 Letlhakane Botswana Tel. (+267) 2976666 |
Selibe Phikwe Private Bag 003 Selibe Phikwe Botswana Tel. (+267) 2610321 |
| Serowe Private Bag 14 Serowe Botswana Tel. (+267) 4630386 |
Palapye Private Bag 15 Palapye Botswana Tel. (+267) 4920401 |
Mahalapye P. O. Box 22 Mahalapye Botswana Tel. (+267) 4710326 |
| Kasane Private Bag K5 Kasane Botswana Tel. (+267) 6250337 |
Hukuntsi Private Bag 10 Hukuntsi Botswana Tel. (+267) 6510148 |
Bobonong Private Bag 003 Selibe Phikwe Botswana Tel. (+267) 2629790 |
|
Gumare |
Opening hours are 07:30 to 12:45 and 13:45 to 16:30, Monday to Friday, except public holidays.