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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 195 constitutions from around the world. Experience its wealth and depth of information by starting your search now.

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About 33 results

Limitations and/or Derogations

Botswana, English

Whereas every person in Botswana is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his or her 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 or her 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. (Sec. 3)

Limitations and/or Derogations

Botswana, English

(1) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 5 or 15 of this Constitution to the extent that the law authorizes the taking during any period when Botswana is at war or any period when a declaration under section 17 of this Constitution is in force, of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period.
… (Sec. 16)

Jurisdiction and Access

Botswana, English

(1) Where any question as to the interpretation of this Constitution arises in any proceedings in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court may, and shall, if any party to the proceedings so requests, refer the question to the High Court.
(2) Where any question is referred to the High Court in pursuance of this section, the High Court shall give its decision upon the question and the court in which the question arose shall, subject to any appeal, dispose of the case in accordance with that decision. (Sec. 105)

Jurisdiction and Access

Botswana, English

An appeal shall lie as of right to the Court of Appeal from any decision of the High Court which involves the interpretation of this Constitution, other than a decision of the High Court under section 69(1) of this Constitution:
Provided that no appeal shall lie from a determination of the High Court under this section dismissing an application on the ground that it is frivolous or vexatious. (Sec. 106)

Government

Botswana, English

(1) There shall be a Cabinet which shall consist of the President, Vice-President and the Ministers.
… (Sec. 44)

Political Rights and Association

Botswana, English

(1) A person who-
(a) is a citizen of Botswana or of any other country to which this section is applied by Parliament;
(b) has attained the age of 18 years; and
(c) has either resided in Botswana for a continuous period of at least 12 months immediately preceding the date on which he or she applies for registration as a voter or was born in Botswana and is domiciled in Botswana on the date on which he or she applies for registration as a voter, shall, unless he or she is disqualified for registration as a voter under any law, be entitled, upon his or her making application in that behalf at such time and in such manner as may be prescribed by any law, to be registered as a voter for the purposes of elections of Elected Members of the National Assembly, and no other person may be so registered.
… (Sec. 67)

Head of State

Botswana, English

There shall be a President of the Republic of Botswana who shall be the Head of State. (Sec. 30)

Legislature

Botswana, English

Subject to the provisions of section 62 of this Constitution, a person shall be qualified to be elected as a Member of the National Assembly if, and shall not be qualified to be so elected unless-
(a) he or she is a citizen of Botswana;
(b) he or she has attained the age of 18 years;
(c) he or she is qualified for registration as a voter for the purposes of the election of the Elected Members of the National Assembly and is so registered; and
(d) he or she is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the Assembly. (Sec. 61)

Government

Botswana, English

(1) There shall be such offices of Minister of the Government (not exceeding six or such other number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.
(2) There shall be such offices of Assistant Minister (not exceeding three or such number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.
(3) Appointments to the office of Minister or Assistant Minister shall be made by the President from among Members of the National Assembly:
Provided that-
(i) not more than four persons may be appointed as Minister or Assistant Minister from amongst persons who are not Members of the Assembly but are qualified for election as such; and
(ii) if occasion arises for making an appointment to the office of a Minister or an Assistant Minister while Parliament is dissolved a person who was a Member of the Assembly before the dissolution may be appointed as a Minister or an Assistant Minister. (Sec. 42)

Political Rights and Association

Botswana, English

(1) Except with his or her own consent, no person shall be hindered in the enjoyment of his or her freedom of assembly and association, that is to say, his or her right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his or her interests.
… (Sec. 13)