Botswana Laws

1Criminal
  • The police should explain to you your rights.
  • Police should not torture you or force you to confess or admit to anything.
  • Police can only search your property if they have been given a search warrant to do so.
  • Police can also search if it is a stop and search operation and you should be present at all times.
  • They should afford you the right to legal representation.
  • Always take down the names of the officers interrogating you in any situation, cooperate at all times with their investigations.
  • If taken before court the first time, ask that you be given time to get legal representation, do not plead guilty, ask that the plea be reserved.
  • Contact Legal Guard immediately and come with copies all documents given to you by the police or at court.
  • Note down the dates, names of all who are handling your matter and the location of the forums where your matter is heard.
  • Do not get any other legal information until you have contacted Legal Guard first.
  • Should you handle the matter in any other way not advised by Legal Guard in-house attorneys then the cover towards yourself may be limited
2Civil
  • Civil is a broad topic and clients should as a first option contact legal guard in-house attorneys before they enter into any legal situation.
  • Have all agreements entered by you personally or those drafted by yourself, proof read by Legal Guard in-house attorneys.
  • Seek advice on all family matters from Legal Guard in-house attorneys first, be it divorce, maintenance, adoption or separation.
  • Do not buy or sell any property, movable or immovable without consulting with Legal Guard in-house attorneys.
  • Always make copies of agreements you enter into and make copies for Legal Guard in-house attorneys.
  • Always when receiving legal documents, contact our branches immediately, do not wait for a few days or weeks to pass, as that may have serious legal implications/consequences on yourself.
  • We advise on civil matters that are at their initial stages only, if client had already applied other methods to handle the matter, Legal Guard might limit liability.
3Labour
  • Always contact our legal branches for advice on any labour issues you might have immediately.
  • Bring copies of the legal matters you are facing well within time.
  • Labour issues should be exhausted internally first before we can assist with legal representation, administrative processes should be followed at we only offer ln-house legal advice at this stage.
  • The district labour office handles matters once the administrative processes of a company have failed.
  • Come to Legal Guard offices for advice before your appear at the district labour office ( this should be done within a period of 30days or before the time for you to appeal the administration decision has lapsed).
  • Legal representation is offered at the Industrial Court once the district labour office and given the go ahead to take matter there.