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26/03/2026

Why you shouldn't always agree to sign Acknowledgment of Debt but agree on a payment plan.

A payment plan is a mutual agreement on how to settle a balance, whereas an Acknowledgement of Debt (AOD) is a powerful legal instrument that significantly changes your legal standing.

Under Botswana law, an Acknowledgement of Debt is considered a liquid document, this means the debt is no longer alleged but it is proven by your own signature.

If you miss a single payment under the Acknowledgment of Debt, the creditor does not need to go through a long trial to prove youb owe some money. They can apply for summary judgment, a quick court process where the court grants judgment against you almost immediately because you have already confessed to the debt in writing.

When signed one generally waives their right to dispute the original amount. If there were errors in the original invoices, overcharges, or if the services provided were incomplete, signing an AOD effectively cures those mistakes for the creditor. You cannot later argue in court that the original amount was wrong because the AOD acts as a new, independent contract.

An AOD often includes a consent to judgment or costs including legal fees. This means if you default, it is not only liable for the debt but you are contractually agreeing to pay the creditor's highest possible legal fees. It makes it much easier and cheaper for them to move toward a Writ of Ex*****on to seize company assets.

Buying property is a big risk and it's advisable to always try and protect your interests and minimise risks of fraud an...
03/02/2026

Buying property is a big risk and it's advisable to always try and protect your interests and minimise risks of fraud and loss by reducing such sales into written agreements.

We draft water tight property sale agreements to ensure that there are no loopholes and that your interests are protected. Inbox us for assistance if you are buying or selling a plot, car etc.

The same also apply to rentals, whether cars, houses, etc

We work remotely.
74 931 053

What to do if you find yourself in this situation as a wife?The law allows the wife in this situation to sue for marria...
14/01/2026

What to do if you find yourself in this situation as a wife?

The law allows the wife in this situation to sue for marriage wrecking and to also take back all property bought by the husband if married in community of property and have proof.

For your legal needs, inbox us for assistance. Distance is not a barrier.

What are the house owner's option when tenant fails to pay rental?The law does not allow the owner of the house to take ...
11/01/2026

What are the house owner's option when tenant fails to pay rental?

The law does not allow the owner of the house to take tenant's property without a court, to do that, owner has to apply for landlord's hypothec wherein the court gives him an order/permission to withhold tenant's property until tenant pays owed rental money.

But this option is expensive as it would still require tenant to house the property and not sell.

Also, owner of the house can sue the tenant for owing rental amounts without having to withold their property.

If you own a rental house, engage us to draft you a lease agreement to protect your interests. If you are owed rental money, also engage us to help you sue the tenant.

Kindly be advised that we don't offer legal representation but all other legal services. We assist people from all over the country, distance is not a barrier.

Are you overwhelmed by legal paperwork? At The Law Says, we provide high-quality paralegal and legal drafting services d...
06/01/2026

Are you overwhelmed by legal paperwork? At The Law Says, we provide high-quality paralegal and legal drafting services designed to protect your interests. Based in Gaborone, we serve clients across Botswana—distance is never a barrier.

Our Specialized Services Include:

Litigation Support: Professional drafting of Summons, Applications, and related court documents.

Debt Recovery: Formal Letters of Demand to help you get what you’re owed.

Agreements & Contracts: Comprehensive Sale Agreements and Lease Agreements.

Academic Support: Expert assistance with legal exam writing and preparation.

Legal Advice: In-depth Legal Opinions and private Consultations.

Why Choose The Law Says? ✅ Professional expertise you can trust. ✅ Efficient turnaround times. ✅ Available nationwide via digital consultation. ✅ Transparent, competitive fees.

Contact us today to schedule your consultation! 📍 Gaborone, Botswana (Serving nationwide)

74 931 053

Civil Litigation in Botswana The Botswana High Court operates a Judge-driven Case Management System which fundamentally ...
05/12/2025

Civil Litigation in Botswana

The Botswana High Court operates a Judge-driven Case Management System which fundamentally alters the traditional litigation process by demanding extensive preparation and disclosure at the very beginning, making the system front-heavy.

When litigation commences, a brief Summons and Particulars of Claim are issued, which must state the jurisdiction, the plaintiff's standing (locus standi), the cause of action, and the relief sought. Following a Defendant's Appearance to Defend—which must already include the grounds of defence—the Plaintiff must file a detailed Declaration within 14 court days. This Declaration must be supported by an Affidavit of Facts from a knowledgeable person detailing all facts pertinent to the claim, along with copies of all documentary exhibits the Plaintiff intends to rely on at trial.

The Defendant's response, the Plea, is due within 14 court days of receiving the Declaration, and if pleading to the merits, it must similarly be accompanied by its own Affidavit of Facts and copies of all documents relied upon for the defence. This mandatory exchange of detailed facts and evidence early on ensures that parties know the full extent of the opposing side's case and supporting documentation from the outset, dramatically reducing the element of surprise typically associated with trial preparation.

Crucially, immediately after the Plea, the parties must hold an Initial Case Management Conference (ICMC) to narrow the issues and reduce disputes of fact by seeking, giving, and receiving admissions of fact and documents. Issues such as amending pleadings, joinder of parties, and discovery scheduling are also agreed upon here. This meeting produces an Initial Case Management Report, which is then reviewed by the Judge at a Case Management Conference (CMC). If accepted, the Report becomes a binding Order of Court. At the CMC, the Judge takes control by setting concrete dates and directions for all remaining pre-trial procedures.

The process culminates in a Final Pre-Trial Conference, which is held after the parties meet and prepare a proposed Final Pre-Trial Order. This Order is a comprehensive document that identifies all issues of fact and law that remain in dispute, all facts that are not in dispute, and lists all witnesses, providing a summary of their evidence, as well as details of every exhibit to be introduced. At this conference, the Judge sets the trial dates, often three to four months in advance, and because these dates are formally incorporated into the Order, it is extremely rare for a trial to be postponed. Furthermore, the system is strictly enforced with harsh penalties—such as dismissal of the action, judgment against the non-complying party, or punitive cost orders—for any failure to adhere to the rules, meetings, or conferences.

We are your one stop shop for all your legal matter. Contact us for assistance.

Ante-Nuptial Contract in marriage out of community of property Understanding an Ante-Nuptial Contract (ANC) is paramount...
25/11/2025

Ante-Nuptial Contract in marriage out of community of property

Understanding an Ante-Nuptial Contract (ANC) is paramount because it allows a couple to customize the financial and proprietary consequences of their marriage. Instead of blindly accepting the default legal regime, an ANC provides the opportunity to protect individual assets, manage existing debts, and outline how assets and liabilities will be treated during the marriage and in the unfortunate event of divorce or death.

Marriage out of community of property which typically requires an ANC allows spouses to maintain separate estates. What each spouse owns before marriage remains theirs, and what they acquire during marriage can also remain separate, depending on whether the "accrual system" is applied.

o Out of community of property with the accrual system means that while assets acquired before marriage remain separate, the growth (accrual) in the value of each spouse's estate during the marriage is shared. This aims for fairness by ensuring that both parties benefit from the financial successes built together, without merging pre-marital assets or liabilities.

o Out of community of property without the accrual system means that each spouse's estate remains entirely separate throughout the marriage, and there is no sharing of growth in assets. This offers the maximum financial independence but can be seen as less equitable if one spouse contributes significantly to the household or child-rearing while the other builds their separate wealth.

Legal advice is essential to navigate these options, understand the nuances of the accrual system (including what can be excluded from accrual), and draft an ANC that accurately reflects both parties' intentions and protects their individual interests. A lawyer can explain the long-term consequences, identify potential pitfalls, and ensure the contract is legally sound and enforceable. Without this advice, couples might unintentionally create financial vulnerabilities, face unexpected claims in the event of divorce, or even impact their ability to pass on their individual estates as they intend upon death.

In essence, seeking legal advice and carefully considering an ANC allows couples to start their marriage with clarity, financial security, and a mutual understanding of their legal and financial partnership, preventing potentially devastating disputes and financial hardship down the line.

Contact us to give you legal advice before committing into marriage.

23/11/2025

Paternity fraud.

Paternity fraud is when a man is wrongly identified or declared as the biological father of a child, usually through misrepresentation or deception and it is usually done by the child's biological mother. This mostly occurs in marriages and relationships and is done to avoid divorce and breakups.

When a man finds themselves in this situation he may continue being a parent to the child though they are now aware that the child is not theirs and cannot sue in future. In other cases, the man may sue the mother for damages to recover all the money they have spent on maintenance of the child.

It's always best to conduct DNA test to confirm one's suspicions.

For further advice, contact us.

21/11/2025

Payment of severance benefits

The employer does not have a right to refuse to pay the employee their severance benefits for whatever reason they may have.

If at the time of resignation the employee has lost/damaged company property or is found guilty of theft, the employer still has an obligation to pay the employee all their terminal benefits. The employer can then sue the employer for whatever amount they think they are owed.

Both marriage in community of property and out of community of property have their distinct advantages and disadvantages...
23/10/2025

Both marriage in community of property and out of community of property have their distinct advantages and disadvantages depending on the circumstances of every married person`s life. If you think your marital regime is disadvantaging you, please call us to assist you.

NB: Distance is NOT a barrier, we can assist you from anywhere in Botswana, all you need is to give us a call.

05/10/2025

AGREEMENTS AND CONTRACTS

Engaging a legal advisor to advise and draft you an agreement helps with closing loopholes that can invalidate your agreement in future. Agreements also create obligations between parties making it easier to hold one liable where there is breach of such.Its always good and advisable to engage legal person if you are buying a plot, car or renting any of your properties.

If you are buying a plot or renting your house, we help with drafting agreements and leases. Engage us to assist you with drafting the same to safeguard your self in future. Same applies to employment contracts and it doesn't matter what type of employment it is.

Engage us now before its too late. Distance is not a barrier and we assist from you from anywhere in Botswana.

04/10/2025

Change of Marital Regime

The law allows married people to change their marital regime from married in community of property to married out of community of property and vise versa.

It is normally done for a number of reasons such as the parties intention to go into the business world, and protecting property at the same time, one party feeling that the other is pulling them down, protecting property for your children etc.

If you want to change your marital regime feel free to inbox and get assistance.
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