Civil Litigation

Question: I have a personal problem can the Attorney General’s Chambers give me legal advice or represent me in my case?

Answer: The Attorney General’s Chambers cannot help you as your problem is private and does not involve a Government Department or Ministry. However you may contact any private lawyer for assistance.

Question: There is a government officer who wants me to give him some money for him to do me favours. I do not understand this as it is his job to help me. Can the Attorney General’s Chambers help?

Answer: Cases such as yours must be reported to the Directorate on Corruption and Economic Crime (DCEC) for investigation.

Question: I have a problem with my Lawyer. Can the Attorney General’s Chambers help me?

Answer: The Attorney General’s Chambers cannot assist you as there are other authorities empowered by law to handle complaints such as yours. You may contact the Law Society of Botswana on matters of legal ethics.

Question: Officers of a certain ministry in my district refuse to assist my community and instead favor people from outside when effecting government development programmes. Can your office help?

Answer: No. You will need to approach the Office of the Ombudsman with your complaint. They should be able to help you

Question: How do I claim for compensation where I sustain injuries in a motor vehicle accident involving a Government vehicle?

Answer: Please seek assistance from the Motor Vehicle Accident fund.

Question: As a dependent how do I claim loss of support in the event of the death of my husband, father, wife, son or other breadwinner in an accident involving a government vehicle?

Answer: Please seek assistance from the Motor Vehicle Accident fund.

Question: My vehicle was damaged in an accident with a government vehicle. The government driver was held liable. Can your office help me?

Answer: The Central Transport Organisation (CTO) processes such claims and may assist in identifying panel beaters who can repair your vehicle or adequate compensation in the event your motor vehicle was deemed a ‘write off’.

Question: I want to sue the Botswana Government. Where do I serve my papers?

Answer: The Attorney General’s Chambers is located within the Government Enclave in Gaborone (next to the Ministry of Health). You can serve your papers at the Civil Division Registry on the 7th floor. For registered mail use Private Bag 009, Gaborone.

Question: The Magistrate or Judge presiding over my case is a friend of my opponent. They are always together. I feel I cannot have a fair trial in the circumstances. Can your office help me?

Answer: No. You will have to apply to the Court that they recuse themselves i.e. transfer your case to another Magistrate or Judge. If (s) he refuses you can appeal to a higher Court.

Question: The Customary Court President at my village openly abuses his power. Everyone is afraid of him. Can you remove him from his position?

Answer: No. The power to suspend and remove members of the customary courts rests with the Minister of Local Government. Any abuses of power by such persons should be reported to that office.