Prior to this amendment, the position was that neither of the ranks of Magistrates had jurisdiction over civil matters where the claim exceeded P40 000 nor the jurisdiction to give criminal sentences that exceed 15 years or give fines above P 40 000. However, the making or passing of the new Magistrates’ Court (Amendment) Act No.22 of 2022, has brought increments to the monetary value of the civil matters of different ranks of Magistrates can determine and further to the maximum sentences or fines they may give.
Regional and Chief Magistrates have been awarded the power to determine civil claims where the total amount claimed or the land in dispute is not higher than P 100 000. Further, they may give criminal sentences that are not longer than 20 years imprisonment and fines which are not higher than P100 000. Principal Magistrates on the other hand have been permitted to determine civil matters where the claim or land dispute is not higher than P80 000.
Senior Magistrates may now determine civil matters where a claim that involves money or land in dispute is no greater than P70 000 and further, they may impose criminal sentences not higher than 12 years or fines above P70 000. The first, second and third ranks of Magistrates have jurisdiction over civil matters which do not exceed P60 000, P50 000, and P40 000 respectively. Further, they may give criminal sentences which do not exceed 10 years, 7 years, and 5 years respectively.
The above changes mean that civil and criminal matters that fall within the scope of the Magistrates Court as per the new law, no longer have to be referred to High Court.
The information contained in this newsflash was intended for our clients and correct to the best of the author’s knowledge at the time of publication. Before making any decision or taking any action, please consult us, at info@peolegal.co.bw or +267 3975779.