Tribal/Customary Courts

Division of Property

Overview

The traditional or customary courts execute division of property, inclusive of matrimonial property. 

In the case of marriages, this happens once the divorce has been finalised or the marriage has been dissolved (decree nisi). In the case of non-customary marriages, its involvement would be based on referral from the High Court. 

Please note that the division of property could be amongst any property owners, not just married ones.

Who is eligible?

Any Botswana citizen can access this service.

How do I get this service?

Anyone interested in accessing this service must follow the steps outlined below:

  • Take the complaint or court order, where applicable, to the clerk of appointed customary court with the supporting documents. 
  • In the absence of a court order, the complaint must be as specific as possible, orally done, giving full details of the defendants including names, addresses, and phone numbers.
  • Clerk sets date and issues summons for appearance by all parties. Appearance could be at the court or other appointed venue.
  • At the appointed date and time, the property would be divided and a ruling would be handed down. The Service Document would be returned to the higher court (High Court or Customary Court of Appeal).
What supporting documents are required?

Applicants must submit:

  • An order of the High Court (not needed for persons in customary marriages).
  • Valid National Identification (Omang).
  • List of property (in the case of marriages, each party must have list. In all other cases, just the aggrieved party needs a property list).
How long will this service take?

This varies by case, and in the case of high court referrals, is dependent on the High Court order.

Theme for this service
Tribal/Customary Courts
How much does it cost?

No cost.

Meta tags

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

Keywords

Property division, assets division, assets separation, marriage, divorce, customary marriage,

Ministry submitting this Service
Administration of Justice

Trial of Civil and Criminal Cases at the Tribal Court (Kgotla)

Overview

All civil and criminal cases that fall within the tribal court’s warrant jurisdiction may be tried at the customary court or Kgotla, as may be agreed to by the accused or defendant.  

A list of offences that the tribal court (kgotla) addresses can be accessed at any Kgotla office.

Who is eligible?

Any person or business legally present and operating in Botswana is eligible for this service. 

How do I get this service?

The steps involved in this process are as follows:

  •  ​​Civil matters must be reported to the Kgotla directly.  
  • The complaints will be registered and a date will be set for the hearing of their cases where both the plaintiff and the defendant should be present before the Kgosi for the matter to be solved. 
  • Criminal matters must be reported directly to the Botswana Police. Where they would then determine whether the case should be tried at the customary court or magistrate court and advised accordingly. 
What supporting documents are required?
  • A valid National Identity Card (Omang or passport).
  • Residence Permit (expatriates).
  • Business registration documents (businesses).
  • Tax clearance certificate (if payment must be received).
How long will this service take?

This varies dependent upon the case being tried.

Theme for this service
Tribal/Customary Courts
How much does it cost?

This service is free of charge.

Meta tags

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

Keywords

Kgotla cases, civil cases, criminal cases, civil matters, kgotla, tribal court

Ministry submitting this Service
Administration of Justice
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