In an effort to ensure that everyone, even those with little or no means, have equal access to justice, the State has created a number of platforms on which people can engage and resolve disputes at no cost.

All these services have 3 things in common;

a. They have ready–made forms which are easy to fill out at designated locations;

b. They are designed to speed up dispute resolution;

c. Courts relax the rules so that the set up is informal and less intimidating to the parties.

These legal services are

a) Restraining order in cases of harassment, stalking, physical abuse, emotional abuse, economic abuse and damage to property;
b) Child maintenance;
c) Debt collection of up to BWP40, 000.00;
d) Spousal support;
e) Labour disputes.

For each service or relief that you need, there is a procedure in place to help you get that. Each process comes with a certain amount of paperwork and some personal details that you should provide. This article focuses on 5 legal services that are offered for free by the Botswana Government to help you exercise your rights even without legal representation.

1. RESTRAINING ORDERS
You can get a restraining order at the Magistrate Court nearer to where you reside in Botswana. You should carry a copy of your identity document and make sure that you have some details about the person against whom you seek a restraining order. Usually, a restraining order can be obtained within seven (7) days after you file your application. The court dispatches a messenger/deputy sheriff or police officer to serve the documents on the other party so you do not have to meet with them to serve them with the papers. Once you have a restraining order, it is easier to engage the police to intervene or assist whenever you need them to. Such applications are treated as urgent because your life may be under threat so every court responds speedily to the applications.

2. CHILD MAINTENANCE
There`s a specialized court at every Magistrate court for assisting with all child maintenance complaints. All you have to do is go to the nearest Magistrate Court and fill out a complaint form. Make sure to have a copy of your national identity card and have the personal details of the father or mother of your child, such details include their full names, residence and place of work.

3. DEBT COLLECTION
Every Magistrate court has a division tasked with dealing with debt claims of up to BWP40, 000.00. These claims are not just confined to debt collection but they extend to claims for refunds following the supply of defective goods valued at no more than BWP40, 000.00. All you have to do is approach the Magistrate court, see the small claims court staff and ask for help to kick-start your case. They have forms for you to fill out and file a claim. There are no costs attached to filing such a claim. You simply have to have information about the other party and some documentary proof of the debt such as proof of payment or messages exchanged between the parties. You have to be able to prove at the case hearing that your version of the story is more believable than the other person. It is always important to have a record of the loans you give out so that your case will stand on solid ground. The good thing about the small claims court is that Attorneys are not allowed to represent any of the parties. This levels the playing field and that`s what makes it less intimidating.

4. SPOUSAL SUPPORT/MAINTENANCE
Botswana law allows deserted Wives and Husbands to claim for support after they have been deserted by their spouse without means of support. This relief is limited to spouses only because when people are married, by law they owe each other a duty of support so it is on that basis that you should approach the court for an order directing that your spouse to pay maintenance and to help meet your basic needs. This relief is not a permanent solution, it is meant to sustain the struggling spouse while they try and find their feet. Each case depends on the circumstances so some orders may be for a longer period than others. For assistance with this type of relief, visit the nearest Magistrate court and file your claim.
5. LABOUR DISPUTES
Every dispute arising from an employer-employee relationship usually winds up at the Industrial Court. Before any case can proceed to that level, the aggrieved party, usually the employee has to file a complaint at the Labour office within 30 days after the deadline for payment has lapsed. That is to say, if your employer was supposed to have paid you your benefits by a certain date and they fail to do so, approach the labour office and seek help with your claim. The system is designed to help you along at every stage until the case is resolved. At the labour office, a mediator is assigned to your case to help you and your employer/ employee settle the dispute without going to court. If the mediation fails, the case is referred to the Industrial court.

The Industrial Court is also very accommodating of Applicants, the atmosphere is more relaxed and the paperwork is easy to fill out. Court employees are tasked to assist every Applicant with the paperwork. The best thing about the industrial court is that even if you are not successful in your claim, you will not be ordered to pay the legal costs of the successful party. This protects the employee especially against being discouraged or any intimidation that prevents them from freely exercising their rights.
All of these free legal services could save you a lot of debt in legal fees if you are patient enough to follow the set procedures. Bear in mind that laws keep changing therefore there may be some changes in the procedures set by the time you decide to make use of such services.

All of these free legal services could save you a lot of debt in legal fees if you are patient enough to follow the set procedures. Bear in mind that laws keep changing therefore there may be some changes in the procedures set by the time you decide to make use of such services.