22 Sep 2013

Litigants in trade disputes have legal right to file their cases with either the Industrial Court or High Court , the Assistant Registrar of the Industrial Court, Ms Segomotso Mbole-Mothotho has said.

Addressing the Central District Council recently, Ms Mbole-Mothotho said the Industrial Court had the same jurisdictional level as the High Court, in terms of industrial disputes, and litigants “have that legal right to choose their jurisdiction between the High Court and Industrial Court as and when they please.”

However, she explained that the Industrial Court was a court of law and equity, so the court was compelled in law to observe certain international standards and conventions for equity, while the High Court, as a court of law was not bound by such considerations.

Ms Mbole-Mothotho further stated that the Industrial Court had unlimited original jurisdiction in all labour disputes in Botswana and executed its mandate in accordance with section 18 of the Trade Disputes Act. She explained that all Industrial Court judgments were appealable to the Court of Appeal. The High Court though, she said, had unlimited original jurisdiction in all disputes in Botswana including labour disputes.

She said currently the Industrial Court had two Courts, in Gaborone and Francistown. There are seven Judges in Gaborone and two in Francistown. To bring the Court’s service to the people and enhance access to justice, the Court had circuit sittings in Maun, Letlhakane, Palapye, Gantsi, Jwaneng, Kasane and Selibe Phikwe. The frequency and extension of sittings of circuit courts is dictated by the frequency and number of registered cases. ENDS