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Provision of Legal Assistance

Overview

Legal assistance is provided to litigants with limited financial means who are involved in civil and criminal cases.

In Civil cases, any party who desires to sue and defend as a poor litigant may apply in writing for leave to sue or defend as a poor litigant, as per Order 5 of the Magistrate Court rules and Order 46 of the High Court rules.

In criminal trials/ appeals, pro-deo lawyers (lawyers whose fees are paid directly by the government) can be assigned to defendants of limited financial means.  

Who is eligible?
  • Any individual who is instigating or defending themselves against a civil case may apply for legal assistance from the courts.
  • These individuals must be unable to afford professional legal assistance.
  • For criminal cases, accused persons charged with murder, manslaughter, attempted murder or treason are entitled to pro-deo representation.
  • The decision is made by the Registrar of the High Court/ Magistrate.
How do I get this service?
  • They must submit a letter/application, in writing, to the Registrar/ Magistrate of the court outlining that: they are requesting permission to sue or defend as an individual of limited financial means. Also explaining that they lack the financial means to afford their own legal assistance.
  • The Registrar/Magistrate, on receipt of the letter/application, will make inquiries as to the means of the applicant in order to assess the legitimacy of the claim. The Registrar/ Magistrate may require the applicant to provide a verbal oath or a written affidavit for the lack of financial ability.
  • Once the Registrar/ Magistrate approves the written application, the case is referred to a legal practitioner who makes the assessment of whether the applicant has a reasonable chance of success in their case before deciding whether take the case. The applicant will be informed through written correspondence of the outcome of his or her application.
  • The Registrar/ Magistrate will grant the applicant leave to sue or defend without payment of court fees. The applicant will be given a document signed by the Registrar/Magistrate stating that he is given leave to sue or defend without payment of court fees. The applicant will then attach a copy of the said document whenever filling documents at the Registry.
What supporting documents are required?

To submit the letter/ order granting permission to sue or defend as pauper.

How long will this service take?
  • Approximately one business day.
  • Once the applicant submits his\her application the Registrar's secretary/ Clerk then makes an appointment for a given date. On the appointed date the Registrar/ Magistrate will enquire into the means of the applicant and for that purpose may require the applicant to give evidence on oath, either in person or by affidavit. The Registrars/ Magistrate ruling will be delivered on the same day.
  • The decision of the Registrar/ Magistrate shall be final as to whether the applicant has sufficient means to finance his action or not.
How much does it cost?

No cost

Where can I get more information on this Service

Kindly contact one of the offices listed below:

Court of Appeal

Private Bag 00316

Gaborone

Botswana

Tel: (+267) 371 8000  

Gaborone High Court

P O Box 00220

Gaborone

Botswana

Tel: (+267) 3718000

Fax: (+267) 3915119 

Francistown High Court

Private Bag F13

Francistown

Botswana

Tel: +267 241 2125

Fax. (+267) 2416378

Lobatse High Court

Private Bag 001

Lobatse

Botswana

Tel: +267 5338000

Fax: (+267) 5332317

Regional  Magistrate Court-North

Private Bag F149

Francistown

Botswana

Tel: (+267) 2410624

Regional  Magistrate Court- South

Private Bag BR293

Gaborone

Botswana

Tel: (+267) 3956339

Gaborone -  Village 
Private Bag  X10
Gaborone
Botswana
Tel. (+267) 3956381

Broadhurst
Private Bag BR 122,
Gaborone
​Botswana
Tel. (+267) 3956381

 
Extension II
Private Bag X10
Gaborone
Botswana
Tel. (+267) 3956381

 
Lobatse
Private Bag 16
Lobatse
Botswana
Tel. (+267) 5330540

 
Kanye
Private Bag 17
Kanye
Botswana
Tel. (+267) 5440276/ 78

 
Jwaneng
Private Bag 10
Jwaneng
Botswana
Tel. (+267) 5880628

 
Mochudi
Private Bag 029
Mochudi
Botswana
Tel. (+267) 5777601
Molepolole
Private Bag 0022
Molepolole
Botswana
Tel. (+267) 5920402
Tsabong
Private Bag 359
Tsabong
Botswana
Tel. (+267) 6540277

 
Gantsi
P. O. Box 206
Gantsi
Botswana
Tel. (+267) 6596352 
Maun
Private Bag 0271
Maun
Botswana
Tel. (+267) 6860370

 
Francistown
Private Bag F19
Francistown
Botswana
Tel. (+267) 2413793


 
Masunga
Private Bag 11
Masunga
Botswana
Tel. (+267) 2489277

 
Letlhakane
Private Bag 32
Letlhakane
Botswana
Tel. (+267) 2976666

 
Selibe Phikwe
Private Bag 003
Selibe Phikwe
Botswana
Tel. (+267) 2610321

 
Serowe
Private Bag 14
Serowe
Botswana
Tel. (+267) 4630386

 
Palapye
Private Bag 15
Palapye
Botswana
Tel. (+267) 4920401
Mahalapye
P. O. Box 22
Mahalapye
Botswana
Tel. (+267) 4710326 

 
Kasane
Private Bag K5
Kasane
Botswana
Tel. (+267) 6250337 
Hukuntsi
Private Bag 10
Hukuntsi
Botswana
Tel. (+267) 6510148
Bobonong
Private Bag 003
Selibe Phikwe
Botswana
Tel. (+267) 2629790

Gumare
P. O. Box 35
Gumare
Botswana
Tel. (+267) 6874511

   

Opening hours are 07:30 to 12:45 and 13:45 to 16:30, Monday to Friday, except public holidays.

 

 

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