Constitution of the Republic of Botswana 1966, as amended to 2021
Affirmative Action (Broadly)
  • English
    (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.
    ...
    (3) In this section, the expression “discriminatory” means affording different treatment to different persons, attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.
    (4) Subsection (1) of this section shall not apply to any law so far as that law makes provision-
    ...
    (e) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.
    ... (Sec. 15)
1

Constitution of Botswana 1966, as amended to 2016 (English). Amendment to the Constitution 2021 (English), available in HeinOnline World Constitutions Illustrated Library (2023).

Links to all sites last visited 1 November 2023
2
Part of Chapter II on Protection of Fundamental Rights and Freedoms of the Individual.
3, 4, 5

3- Sec. 5 on Protection of the right to personal liberty.

4- Sec. 15 on Protection from discrimination.

5- Sec. 17 on Declarations relating to emergencies.