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Legal

Adoption of Children (Family Related Cases)

Overview

This individuals and families interested in adopting children in Botswana. must submit a written application to the Civil Registry at the Magistrate's court.

Who is eligible?

Per the Adoption of Children's Act (Cap 28:01):

  • A prospective parent must be at least  twenty five (25) years of age in order to proceed with the adoption of a child.  In addition
  • A husband and his wife jointly.
  • A widower or widow or unmarried or divorced person.
  • A married person who is separated from his or her spouse by judicial decree.
  • A child of sixteen (16) years of age can only be adopted by parents who are at least twenty five (25) years older than that child.
  • A married person whose spouse, as at the time of the adoption, has been suffering from mental illness for a continuous period of more than seven years immediately preceding that time.
  • A person cannot adopt a child twenty five (25) years younger than their own selves unless the child is of the same sex as the adoptive parent.
  • As an exception to the above rules:
  • A widow or widower or unmarried or divorced person may adopt his/her biological child who was previously adopted by any person under the Act, whether or not he or she is under the age of twenty five (25) years or is less than twenty five (25) years older than the child.
  • A married couple may adopt a biological child of one of them even though they are under the age of twenty five (25) years and the child is sixteen (16) years or more. The husband, however, must be at least  fifteen (15) years older than the child of his wife and the wife must at be at least ten (10) years older than the child of the husband.
How do I get this service?
  • Adoption of a child is ordered by any magistrate court in the district in which the adopted child resides on the application of the adoptive parent(s). 
  • The application must be accompanied by a report of a social welfare officer which gives background information on all the affected parents and further confirms that the adoptive parents are qualified to adopt the child.  This investigation and report by a social welfare officer can be requested at the Civil Registry at the Magistrate's Court.
  • At the Magistrate's Court, applicants can submit their request papers and attach the required documentation (described below).
What supporting documents are required?

Potential parents must submit the following documentation at the Magistrate's court:

  • Certified copy of their National Identity Card (Omang),
  • Certified copy of the birth certificate for the child being adopted,
  • If the adoptive parents are married, a certified copy of the marriage certificate,
  • Proof of income (e.g. current pay slip, contract),
  • Assessment by a social welfare worker of the parents’ capabilities and home environment.
How long will this service take?

The adoption process can vary based on the time taken to complete applications and a social welfare officer visit.

Where can I obtain this service?

Ministry of Nationality, Immigration and Gender Affairs

Block 8, Government Enclave, Khama Crescent

Private Bag 002

Gaborone

Botswana

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How much does it cost?

A court fee of BWP 60.00 applies to processing adoption applications, whether successful or not.

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Botswana, Botswana Government, Republic of Botswana, Government of Botswana, judiciary

Ministry submitting this Service

Appealed Cases from the High Court and Industrial Court

Overview

The Court of Appeal's Jurisdiction is general and territorially defined. It also enjoys all power and authority vested in the High Court by the Constitution and any other law.

The Court of Appeal is a Supreme Court of record, with plenary review, appellate and, where appropriate first instance jurisdiction. It hears all appeals from the High Court and Industrial Court.  

Who is eligible?

Litigants from any final decisions in any proceedings in which the High Court/ Industrial Court sat at first instance.

How do I get this service?

An appeal to the Court of Appeal may take two forms, namely;

  • As of right-
  • By special leave
  • In order to lodge an appeal, a party  must serve  a notice of appeal  and file an  application for leave to appeal to the court of appeal with the court below (The high court or The  industrial court) within six weeks (Criminal Form 2).
  • When leave is refused by the High Court , you file an application for leave to appeal to the Court of Appeal (Criminal Form 3)
  • The Appellant should file a date stamped Notice of Appeal to the Court of Appeal.
  • A case is then registered and given a case number at the Court of Appeal.
  • If the six weeks has  elapsed before lodging an appeal, the appellant should file  an application with the Court of Appeal seeking leave  to file out of time(Criminal Form 5).
  • Only evidence used during the proceedings at court below can be used at the court of appeal. 
What supporting documents are required?

Appellants from the High Court and the Industrial Court must submit the following form to the Court of Appeal:

  • Schedule 3- Civil Form 1
How long will this service take?
  • Civil Appeal is 14 months
  • Criminal appeal is 10 months 
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How much does it cost?
  • Filing a Notice of Appeal at the High Court bears a cost of BWP160.00.  
  • If an appeal is submitted beyond the six week deadline, submission of Form 2 will cost an additional BWP100.00.
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Botswana, Botswana Government, Republic of Botswana, Government of Botswana, judiciary

Keywords

Court of appeal, appeals , notice of appeal

Ministry submitting this Service

Administration of Estates of Deceased Persons

Overview

Involves the orderly dissolution and distribution of an estate. 

Estates fall into two categories:

  • Those of deceased persons who did not have a will (intestate).
  • Those of deceased persons who had a will (testate).

The Master of the High Court has the power to administer estates reported to the office.  

The executor's duties include:

  • Controlling and safeguarding the deceased's assets.
  • Preparation and filing of a complete listing of the property of the deceased.
  • Advertise the debtors and creditors notices in the government gazette and any local newspaper circulating in the area where the deceased used to reside. The adverts must specify a 30 day time frame from the date of publication in order to allow those with claims against the estate to lodge claims with the executor who will then assess the claims.
  • Identify the heirs of the estate.
  • Prepare a listing of approved debtors and creditors and develop a plan for the payment of those debts from the assets of the estate.
  • Prepare the Liquidation and Distribution Plan (LDP) of how the deceased's assets will be distributed in accordance with the instructions of the will or intestate succession dividing the property amongst the intestate heirs of the deceased which will then be examined by the Master. 
  • Advertise a notice that the LDP has been filed and is available in the Master's Office for inspection.  Objections to the plan submitted within 21 days of the advertisement publication must be addressed.
    1. Responses by the Executor to objections to the plan must be filed within 14 days of receipt of the copy of the objection from the Master. 
    2. Where there are no objections, the executor must seek written approval from the Master to allocate property and pay debts according to the account.
  • File receipts, certificates, motor vehicle registration books, title deeds, affidavits and other documents confirming distribution of the assets to the lawful heirs and creditors and request permission to be released as executor by the Master.
Who is eligible?
  • Individuals and organizations related to or controlled by the deceased persons are affected by this process. 
  • Next of kin consist of close relatives (siblings, parents and children).
  • Organizations affected will include those owned by the deceased person at the time of death. 
How do I get this service?
  • The death of the person in question must be reported to the Masters office in the high court locations in either Gaborone or Francistown (addresses provided below) within 14 days of the death. 
  • Once the death is registered, the individual's will is to be executed by the appointed individual from the next of kin meeting (the executor) or as per the will and presided over by Masters Office in the High Court.  
  • The role of this executor is to work under the supervision of the Master of the high court to ensure that the terms of the deceased's will and the provisions of Administration of Estates Act [Cap 31:01] are complied with.
What supporting documents are required?

The documents necessary to report a death include:

  • A death certificate for the deceased person.
  • A filled Death Notice form.
  • A filled Provisional Inventory Form.
  • If the individual was married:
  • A marriage certificate must be provided.
  • A relevant married persons' property form (Form A or B identifying a couple's marriage or common law relationship).
  • Original copy of the person's will if applicable.
How long will this service take?

Six (6) months from the time of application.

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How much does it cost?
  • A nominal charge of BWP20.00 applies.
  • Additional costs will include the price of advertising the estate's dissolution in a newspaper which circulates in the deceased person's area and in the Government Gazette.
Meta tags

Botswana, Botswana Government, Republic of Botswana, Government of Botswana, judiciary

Keywords

Will, Assets, death certificate, next of kin

Ministry submitting this Service

Provision of Redress Against Administrative Decisions of Public Functionaries

Overview

Members of the public who are dissatisfied with the administrative action or decision taken against them by officers at government ministries, and agencies are encouraged to let their voices be heard. This is done by lodging formal written complaint with the Office of the Ombudsman. 

Please note that, the Ombudsman may decline addressing a complaint if (s)he finds the complaint is without reasonable cause or has been delayed for more than 12 months.

Who is eligible?

Any member of the public, including those in legal custody and those admitted to psychiatric hospitals, can lodge complaints with the Ombudsman.

How do I get this service?

Before lodging a complaint with the Office of the Ombudsman, a person should ideally go through the following steps, before moving to the next if dissatisfied.  

  1. Raise verbal complaint with the official(s) involved.
  2. Lodge official written complaint to the head of the applicable department.
  3. Write complaint letter to the Director or Chief Executive.
  4. Write complaint letter to the Permanent Secretary or any other officers responsible for the organization.

If still dissatisfied, a complainant can write an official letter of complaint to the Ombudsman, providing all the details of the matter, including the date and time of the occurrence, parties involved, complainant’s contact details inclusive of postal address, and steps taken since occurrence.  

Alternatively, the complainant may use the complaint form.  The letter or complainant form must be attached to copies of any relevant supporting documents which may be delivered in person at or faxed to the offices listed below, or emailed to ombudsman [at] gov.bw    

What supporting documents are required?

Complainant would need:

  • Complaint Form
  • Copies of all relevant written communication pieces between the complainant and the government organisation
How long will this service take?

Plus, or less than 5 months depending on the complexity of the matter.

Where can I obtain this service?

Gaborone

Main Mall

Lot 21 Corner of Khama Crescent & Queens Road

 

Francistown

1st Floor

New BBS House

Plot no. 13980

 

Maun

New Mall

Plot 514, Mathiba Road

 

Tsabong

Tsabong CBD

Plot 37134, Kwesi Street,

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How much does it cost?

This service is provided to the public free of charge.

Meta tags

Government of Botswana, Botswana, Republic of Botswana, Botswana Government, office of the ombudsman

Keywords

Making, complaints, about, government, services, complaint, complaining, lodging, dissatisfied, dissatisfaction, complaint letter, letter of complaint, administrative action, ombudsman, complaint form, complainant

Synonyms

Maladministration, Injustice

Ministry submitting this Service

Commissioning of Oaths

Overview
  • This service is done by a police officer of the rank of Sergeant and above
  •  Every oath shall be taken by the deponent in the presence of the Commissioner of Oaths
  • Please note it is an offence to give false information while under oath
Who is eligible?

Any person above the age of 18 years

How do I get this service?
  • Visit the nearest police station to complete an affidavit form where necessary or bring relevant documents which require the commissioning of oaths.
  • Commissioner of Oaths shall verify the identity of the deponent by examining national identity (Omang) for citizens and a valid passport for non-citizens.
What supporting documents are required?
  • Citizens must present a valid National Identification card (Omang)
  • Non-citizens must present a valid passport
How long will this service take?

This service is available immediately upon request

Where can I obtain this service?

Visit the nearest Police Station

Theme for this service
How much does it cost?

No cost

Meta tags

Botswana, Botswana Government, Republic of Botswana, Government of Botswana, Botswana Police service

Keywords

Commissioning, Oaths, affidavits, administering, taking, verifying

Synonyms

Officer, rank

Ministry submitting this Service
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