15 Jun 2020

All courts in the Greater Gaborone Zone will operate under lockdown emergency regulations with effect from June 15 until further notice.

A press release from the Administration of Justice says in scheduling of cases, every judicial officer will examine their roll, consult with the parties concerned and assign new dates.

On trials, the release says judicial officers will continue to re-assign new dates to their cases in consultation with concerned parties.

On application and appeals, attorneys and parties will, where practicable, file their pleadings and other process electronically.

It says court fees will be payable (scanned unused stamps can be used again if not cancelled) after submission through postage stamps issued with the authority of government or cash paid to the proper officer of the court, who would forthwith issue an official receipt for the payment.

Such payment arrangement, the release says, will prevail until further notice, while processes will not be regarded as filed until and unless there is proof of payment.

It also says attorneys and parties will file comprehensive heads of argument for consideration of the judicial officer who may, on notice to the attorneys and parties, give judgment without physical appearance of attorneys or parties.

Where possible, it says attorneys and parties and the court will rely on electronic communication to get clarity on issues raised in the heads of argument.

Furthermore, it says specific directives will be issued for procedures to apply to Court of Appeal sessions.

On trials, the release says judicial officers will also continue to reassign new dates to their cases in consultation with stakeholders or parties.

Court sittings will, subject to social distancing, permit no more than 10 people including a judicial officer, court personnel as well as litigants, their legal representatives and witnesses to be present in court at any time.

However, the release says the judicial officer may, where necessary, admit more people subject to the social distancing of at least two metres provided further that such number will not exceed a maximum of 50 people.

At the direction of the judicial officer, ICT platforms such as webex and video conferencing facilities may be used during court proceedings.

During the lockdown period, submissions will generally be through electronic filing of comprehensive heads of argument and as directed by the judicial officer.

 Oral submissions may be done through ICT platforms such as webex and video conferencing, among others.

On live streaming, it says judgements may be delivered via ICT platforms.

“Cognisant of the fact that judgments are for public consumption, from time to time, selected judgements of national importance or new areas in our jurisprudence will be televised,” it says.

Also, judicial case flow management conferences during this period will be dealt with in a manner to be determined by the managing judicial officer in terms of the rules of court, provided that no more than two case management conferences will be held in any case, with no roll calls or status hearings in between.

It further explains that, to that end, the managing judicial officer may where appropriate, communicate electronically with attorneys or parties and issue such directions as may be necessary to ensure the trial readiness of any of the matters before them.

Scheduling of cases will be in a staggered manner and no court sitting will be conducted continuously for more than two hours without a break during the lockdown period.

Reckoning of the dies in terms of the rules of the Magistrate Court Rules, High Court Rules and the Court of Appeal Rules has been suspended for the duration of the lockdown in Greater Gaborone.

In an endeavour to protect court officials and those seeking services of the court, the release says, in the case of vulnerable persons, that is, persons with underlying conditions, recourse must be heard through remote facilities where possible.

Social distancing in and outside the court rooms will be maintained at all times. 

Security personnel within the court premises will act as marshals to enforce observance of social distancing and to discourage roaming around court premises.

It further explains that hearing of cases will be staggered to comply with the social distancing requirements and there will be no socialising and milling around. 

Litigants, witness and lawyers are expected to leave the court premises immediately when they are done.

There will be sanitisers at entry points, in the registries and ablution facilities which would be cleaned not less than twice a day or as the circumstances dictate.

The release says those in the cleaning services will be provided with protective equipment in the form of gloves and masks.

Each person who enters a court building will be screened in terms of the COVID-19 protocols to establish their temperature level.

Also, at every entry point there will be health workers or in their absence, persons who have been trained to take temperature and keep an up to date register which is compulsory.

Those who come to court including the staff are to report ahead of time since all will be subjected to screening.

An individual with a temperature above 37.4 degrees Celsius would be referred, in terms of the COVID-19 protocols, and will not be permitted to enter the court premises.

It is compulsory for people to cover their faces in public. 

The courts will, therefore, provide its staff with reusable face masks. 

Everyone who comes to court be it attorneys, parties, witnesses or accused persons are obliged to wear a face mask as required by law.

A duly issued subpoena, notice of set down or hearing or summons to attend court will, if duly stamped by a registrar or clerk of the court, authorise the person called to attend court as directed.

Meanwhile, the release says directives will be reviewed from time to time, in the light of experience and guided by the regulations in an endeavour to return to normal. ENDS