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$Unique_ID{COW00467}
$Pretitle{404}
$Title{Botswana
Chapter 2A. Protection of Fundamental Rights and Freedoms}
$Subtitle{}
$Author{Government of Botswana}
$Affiliation{Government of Botswana}
$Subject{law
order
property
purpose
court
botswana
public
reasonably
protection
extent}
$Date{1988}
$Log{Children*0046701.scf
}
Country: Botswana
Book: Constitution of Botswana
Author: Government of Botswana
Affiliation: Government of Botswana
Date: 1988
Chapter 2A. Protection of Fundamental Rights and Freedoms
[See Children: Courtesy Embassy of Botswana, Washington DC.]
Fundamental rights and freedoms of the individual
3. Whereas every person in Botswana is entitled to the fundamental rights
and freedoms of the individual, that is to say, the right, whatever his race,
place of origin, political opinions, colour, creed or sex, but subject to
respect for the rights and freedoms of others and for the public interest to
each and all of the following, namely -
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association;
and
(c) protection for the privacy of his home and other property and from
deprivation of property without compensation, the provisions of this Chapter
shall have effect for the purpose of affording protection to those rights and
freedoms subject to such limitations of that protection as are contained in
those provisions, being limitations designed to ensure that the enjoyment of
the said rights and freedoms by any individual does not prejudice the rights
and freedoms of others or the public interest.
Protection of right to life
4. (1) No person shall be deprived of his life intentionally save in
execution of the sentence of a court in respect of an offence under the law in
force in Botswana of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in
contravention of subsection (1) of this section if he dies as the result of
the use, to such extent and in such circumstances as are permitted by law, of
such force as is reasonably justifiable-
(a) for the defence of any person from violence or for the defence of
property;
(b) in order to effect a lawful arrest or to prevent the escape of a
person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal
offence, or if he dies as the result of a lawful act of war.
Protection of right to personal liberty
5. (1) No person shall be deprived of his personal liberty save as may be
authorized by law in any of the following cases, that is to say -
(a) in execution of the sentence or order of a court, whether established
for Botswana or some other country, in respect of a criminal offence of which
he has been convicted;
(b) in execution of the order of a court of record punishing him for
contempt of that or another court;
(c) in execution of the order of a court made to secure the fulfillment
of any obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the
order of a court;
(e) upon reasonable suspicion of his having committed, or being about to
commit, a criminal offence under the law in force in Botswana;
(f) under the order of a court or with the consent of his parent or
guardian, for his education or welfare during any period ending not later than
the date when he attains the age of eighteen years;
(g) for the purpose of preventing the spread of an infectious or
contagious disease;
(h) in the case of a person who is, or is reasonably suspected to be, of
unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of
his care or treatment or the protection of the community;
(i) for the purpose of preventing the unlawful entry of that person into
Botswana, or for the purpose of effecting the expulsion, extradition or other
lawful removal of that person from Botswana or for the purpose of restricting
that person while he is being conveyed through Botswana in the course of his
extradition or removal as a convicted prisoner from one country to another;
(j) to such extent as may be necessary in the execution of a lawful order
requiring that person to remain within a specified area within Botswana or
prohibiting him from being within such an area, or to such extent as may be
reasonably justifiable for the taking of proceedings against that person
relating to the making of any such order, or to such extent as may be
reasonably justifiable for restraining that person during any visit that he is
permitted to make to any part of Botswana in which, in consequence of any such
order, his presence would otherwise be unlawful: or
(k) for the purpose of ensuring the safety of aircraft in flight.
(2) Any person who is arrested or detained shall be informed as soon as
reasonably practicable, in a language that he understands, of the reasons for
his arrest or detention.
(3) Any person who is arrested or detained -
(a) for the purpose of bringing him before a court in execution of the
order of a court; or
(b) upon reasonable suspicion of his having committed, or being about to
commit, a criminal offence under the law in force in Botswana, and who is not
released, shall be brought as soon as is reasonably practicable before a
court; and if any person arrested or detained as mentioned in paragraph (b) of
this subsection is not tried within a reasonable time, then, without prejudice
to any further proceedings that may be brought against him, he shall be
released either unconditionally or upon reasonable conditions, including in
particular such conditions as are reasonably necessary to ensure that he
appears at a later date for trial or for proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other
person shall be entitled to compensation therefor from that other person.
Protection from slavery and forced labour
6. (1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this section, the expression "forced labour"
does not include -
(a) any labour required in consequence of the sentence or order of a
court;
(b) labour required of any person while he is lawfully detained that,
though not required in consequence of the sentence or order of a court, is
reasonably necessary in the interests of hygiene or for the maintenance of the
place at which he is detained;
(c) any labour required of a member of a disciplined force in pursuance
of his duties as such or, in the case of a person who has conscientious
objections to service as a member of a naval, military or air force, any
labour that person is required by law to perform in place of such service;
(d) any labour required during any period of public emergency or in the
event of any other emergency or calamity that threatens the life and
well-being of the community, to the extent that the requiring of such labour
is reasonably justifiable in the circumstances of any situation arising or
existing during that period or as a result of that other emergency or
calamity, for the purpose of dealing with that situation; or
(e) any labour reasonably required as part of reasonable and normal
communal or other civic obligations.
Protection from inhuman treatment
7. (1) No person shall be subjected to torture or to inhuman or
degrading punishment or other treatment.
2. Nothing contained in or done under the authority of any law shall be
held to be inconsistent with or in contravention of this section to the
extent that the law in question authorizes the infliction of any description
of punishment that was lawful in the former Protectorate of Bechuana