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AG advocates for user-friendly civil justice system

Attorney General Mmako Abram. PIC MORERI SEJAKGOMO Attorney General Mmako Abram. PIC MORERI SEJAKGOMO
Attorney General Mmako Abram. PIC MORERI SEJAKGOMO

Delivering an address at the official opening of the Legal Year on Tuesday, Abram explained that there has been a review of rates for legal costs by practising attorneys in order to curb high litigation costs. “Statutory Instrument No. 1 of 2021, which effected from January 8, 2021, brought about an upward review of rates for legal costs by practising attorneys as per Order 74 of the Rules of the High Court,” she said. She emphasised that there was no doubt that such an increase had the good intentions of adjusting the old and inflation-eroded rates and that the adjustment assumed that all practising attorneys would utilise courts within their localities. The AG pointed that, for example, it was aimed at those in Gaborone would issue out processes in the Gaborone District, those in Francistown within the Francistown District. She, however, indicated that even though currently there are no legal geographical limitations concerning the jurisdiction of the courts, the situation calls for legal practitioners’ prudence and good sense, to utilise the courts in a cost-conscious and effective manner to protect the financial interests of clients.

“Just as the Chief Justice has stated in his address, we have also observed the trend that some attorneys who litigate, especially against the government, would leave courts within their locality, to file court processes in faraway places. The result of such a worrying development has invariably been that this practice is likely to increase costs in respect of mileage and accommodation for both parties, but is particularly more expensive for those litigants who are ordered to pay costs of the other party,” she said. Abram stated that it defeats the objective of controlling litigation costs in dispensing justice and that is why she is advocating for a civil justice system that is user-friendly, rather than one that is plagued by high costs, and accessibility issues. She noted that she was pleased to hear that the Chief Justice has taken note of the issue and will be engaging other stakeholders to address it. On litigation within the judiciary, Abram said the cornerstone of any sound judicial system is centred on its ability to retain public confidence and respect. “During the past two legal years, we witnessed a number of court cases that pitted some of the Lordships of this court against the Chief Justice and the Judicial Service Commission (JSC),” Abram said.

She explained that it is, however, comforting that as the CJ promised when delivering his speech during the opening of the just-ended Legal Year, that some of the cases have been resolved amicably, thus avoiding drawn-out litigation in the public eye. On legislation, Abram said laws must continue to be relevant in an ever-changing society therefore, that's why the AG’s Chambers have been busy with amendments and drafting of new laws. “I am pleased to report that over the past legal year, our Legislative Drafting Division has been very active. They have effected amendments to a number of pieces of existing legislation, and drafted new legislation in areas of the law, which have been prioritised by government,” she stated. She emphasised that a total of 31 pieces of legislation were passed by Parliament in 2023, a total of 129 Statutory Instruments and 741 government notices were drafted and published.

The AG highlighted that amongst the Acts, those which she believes will be of more interest to the people are the very first notable enactment is the Electoral (Amendment) Act, 2023 which introduced electronic registration and publication of the voters roll on online platforms. “This law also increases fees for candidates; allows for costs recovery and enhances penalties for election offences,” she said. The other one she said was in the area of Criminal Procedure and Evidence Act, which she highlighted is the Bail Act, 2023 which was passed by Parliament at its November 2023 session. She noted that in the law, the rules on bail are codified into one piece of legislation to promote access to justice and transparency and that it is expected that it will improve the processing of bail applications and public understanding of the requirements of the law around the issuing of bail, and enhance confidence in the criminal justice system.

The AG said other highlighted enactment was the Anti-Human Trafficking (Amendment) Act of 2023 which she emphasised is in light of continuing to answer to the call of the international community to make every effort to crack down on human trafficking through tightening legislation. She stated that the amendment therefore, addresses legislative gaps in the area of enforcement and penalties to be imposed on traffickers. In conclusion, Abram highlighted that the other pieces of legislation, which have been promulgated, are the Mental Health Act enacted to replace the Mental Disorders Act. “Also worthy of mention is the Persons with Disabilities Act 2023 which to an extent, has domesticated the 2006 United Nations Convention on the Rights of Persons with Disabilities and is indeed a reflection of further positive steps to ensure the protection of persons with disability,” the AG concluded.