GOV.BW

In a civil case, a plaintiff may apply for a default judgment where the defendant has not filed an appearance. Judgement may be entered against such party.

Deputy sheriffs, court bailiffs and messengers of court are court officers appointed by the registrar of the high court.

Deputy sheriffs are appointed for the high court, whilst court bailiffs  are appointed for the magistrate’s courts.

What Are Their Duties?

1. To serv​​e court processes and perform other functions as provided for under the rules of the high court and magistrate courts.
2. Serving writs of summons, provisional summons, petitions, applications and warrant of arrest, etc.
3. Deputy sheriffs are also responsible for enforcing and executing orders of the courts e.g through effecting attachments, advertising sales in execution and executing writs through public auctions of movable and immovable properties.
4. Also responsible for enforcing court orders and warrants for civil imprisonment.
5. They can also through the prescribed process be engaged to serve court processes from foreign jurisdictions.

Where do I find these Deputy Sheriffs?

1. Are expected to act independently.
2. They act as agents of the court, and not of either party to the judgement.
3. They are by law expected to report and account to the Sheriff for the proper discharge of their functions.
4. Deputy sheriffs are each appointed to specific districts in which to operate. These territorial jurisdiction specific appointments are intended to provide citizens with better access to their services and to ensure fair distribution of work amongst these officers. ​​​

How do I recognize them?

1. Deputy sheriff is given an ID card containing his or her particulars and photo. When executing their duties as an officer of the court, the Deputy sheriffs are expected to display the ID.
2. Court bailiff  are appointed and regulated through the Public Service Act. This specific category of employees is mostly predominantly operating in Magistrates Courts throughout the country.

Are Deputy Sheriffs allowed to prepare summonses for members of the public?

1. Deputy Sheriffs are messengers and officers of the Court. In that sense they do work for the courts and the public.
2. They are not expected to operate like lawyers. It is not their duty to prepare summonses on behalf of members of the public.

Is a deputy sheriff allowed to represent a person in court?

A deputy sheriff cannot represent a person in court as he is not a lawyer.

Are deputy sheriffs debt collectors as well?

1. Deputy sheriffs are not appointed to operate debt collection companies.
2. Although they collect debts on behalf of judgment creditors they are not debt collectors in the sense of running debt collection business. They are officers of the court who will only collect debts pursuant to a judgment of the court.

How do a deputy sheriff/court bailiff  recover money owed?

A deputy sheriff is given instructions by the party who won the case (at times referred to as the Judgment Creditor) to enforce the order of the court made in that party’s favour. This could take numerous forms, such as obtaining, removing or selling at auction property of the party who lost the case (also known as the Judgment Debtor).
 

List of practicing deputy sheriffs - 2019

Pending the outcome of the case by another litigant, the Registrar of the High Court  and the Court of Appeal may assess the amount of the security to be held by the Court. 

Security assessed is held to secure potential costs of the party claiming entitlement to costs pending the outcome of the case.

This court service determines the amount payable as compensation for value of goods or damages suffered by an Party in a case at the Magistrate Court and High Court.  Assessment is  usually done  for unliquidated damages or the value of goods. It is usually done by application which is accompanied by evidence justifying the damages or value.