Botswana - Central Authority & practical information

Central Authority(ies):

The Minister of State in the Office of the President of the Republic of Botswana

Contact details:
Address: The Minister of State in the Office of the President
P/Bag 001
Gaborone
Botswana
Telephone: +267 395 0800
Fax: +267 395 0858
E-mail: op.registry@gov.bw
General website: www.gov.bw
Contact person:  
Languages spoken by staff:  

Practical Information:

Forwarding authorities
(Art. 3(1)):
Any attorney (i.e. solicitor) who is on the roll of attorneys in Botswana is a “forwarding authority”. Such attorneys include all those whose practices are in Bostwana, and others who, although their practices are in South Africa, have been admitted to practice in Botswana.
Methods of service
(Art. 5(1)(2)):

Formal Service (Art. 5(1)(a))
Service is effected in matters before the High Court (which is competent in respect of claims exceeding P.2000.00 and in matters involving status) by the Deputy Sheriff (who is a court official) and in matters before the Magistrates Courts in the various districts of Botswana (Gaborone, Lobatse, Mahalapye, Serowe, Selibe-Phikwe, Francistown and Maun) by the Bailiff (who is also a court official).

This is so, both in case of proceedings by action, instituted by summons (in which pleadings are filed, and witnesses give oral evidence), and of proceedings by application or petition (on Notice of Motion, based on affidavits). In the latter case, however, and in the case of processes by action other than the initiating process, service may also be effected by attorneys or their clerks.

The following methods of service are employed:

i. Upon an individual
By personal service on the defendant or, under certain circumstances, on his agents or members of his family.
If service cannot be effected by the usual means, the court may order “substituted service”, which is usually by publication in a nominated newspaper.
If the Botswana court has jurisdiction to try the matter but the defendant is not resident within the jurisdiction, service is effected by edictal citation according to the directions given by the High Court in each particular case.

ii. Upon legal persons
By service on the director or the secretary, or at the registered office of the company or other juristic person.

iii. Upon universitas, churches, clubs, etc.
By delivery to the person named for that purpose in the Constitution of the Universitas. Otherwise, the court will direct the form of service, for example by the publication of a rule nisi in a nominated newspaper.
In Magistrates Courts, under certain circumstances, service can also be effected by registered post.

Translation requirements
(Art. 5(3)):

The authorities designated will require all documents forwarded to them for service under the provisions of the Convention to be in duplicate and pursuant to Art. 5(3) of the Convention will require the documents to be written in, or translated into the English language.

Click here to read all the declarations made by Botswana under this Convention

Costs relating to execution of the request for service
(Art. 12):
 
Time for execution of request:  
Oppositions and declarations
(Art. 21(2)):

Click here to read all the declarations made by Botswana under this Convention.

Art. 8(2): No opposition
Art. 10(a): No opposition
Art. 10(b): Opposition
Art. 10(c): Opposition
Art. 15(2): Declaration of applicability
Art. 16(3): No declaration of applicability

Derogatory channels (bilateral or multilateral agreements or internal law permitting other transmission channels)
(Arts. 11, 19, 24 and 25)

Disclaimer:
Information may not be complete or fully updated – please contact the relevant authorities to verify this information.

 
Useful links:  

(This page was last updated on 12 September 2006)

Conventions (incl. Protocols and Principles)