Africa-Press – Botswana. The Attorney General has observed a growing trend by some attorneys who litigate, especially against the government, to leave courts within their locality and file court papers in faraway places.
“The practice is likely to increase costs in respect of mileage and accommodation for both parties and particularly make it more expensive for litigants who are ordered to pay costs of the other party,” said Attorney General, Ms Mmako Abram.
Ms Abram said the situation defeated the objective of controlling litigation costs in dispensing justice.
“I therefore advocate for a civil justice system that is user-friendly, rather than one that is plagued by high costs, and accessibility issues,” said Abram.
Ms Abram said 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.
“There is no doubt that such an increase had the good intentions of adjusting the old and inflation-eroded rates,” she said.
She said the adjustment assumed that all practising attorneys would use courts within their localities.
Currently, she said, there were no legal geographical limitations concerning the jurisdiction of the courts.
However, Ms Abram said the situation called for legal practitioners’ prudence and good sense to use courts in a cost-conscious and effective manner to protect the financial interests of clients.
Meanwhile, Ms Abram has emphasised that the cornerstone of any sound judicial system was centred on its ability to retain public confidence and respect.
She said during the past two legal years, the country had witnessed a number of court cases that pitted some judges of the High Court against the Chief Justice and the Judicial Service Commission (JSC).
Ms Abram said it was however comforting that the Chief Justice promised that some of the said cases had been resolved amicably, thus avoiding drawn-out litigation in public view.
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