Constitution of the Republic of Botswana 1966, as amended to 2021
Political Rights and Association
  • 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-

    (b) freedom of conscience, of expression and of assembly and association;
    … (Sec. 3)
Political Rights and Association
  • 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)
Political Rights and Association
  • 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)
Electoral Bodies
  • English
    (1) There shall be an Independent Electoral Commission

    (12) The Commission shall be responsible for-
    (a) the conduct and supervision of elections of the Elected Members of the National Assembly and members of a local authority, and conduct of a referendum;
    (b) giving instructions and directions to the Secretary of the Commission appointed under section 66 in regard to the exercise of his or her functions under the electoral law prescribed by an Act of Parliament;
    (c) ensuring that elections are conducted efficiently, properly, freely and fairly; and
    (d) performing such other functions as may be prescribed by an Act of Parliament.
    … (Sec. 65A)
Head of State
  • English
    There shall be a President of the Republic of Botswana who shall be the Head of State. (Sec. 30)
Head of State
  • English
    (1) Whenever Parliament is dissolved an election shall be held to the office of President in such manner as is prescribed by this section and, subject thereto, by or under an Act of Parliament.
    … (Sec. 32)
Head of State
  • English
    (1) A person shall be qualified for election as President if, and shall not be qualified unless, he or she-
    (a) is a citizen of Botswana by birth or descent;
    (b) has attained the age of 30 years; and
    (c) is qualified to be elected as a Member of the National Assembly.
    (2) Notwithstanding any other law to the contrary, for the purposes of this section and section 39-
    (a) the term "citizen by birth" shall be understood to include only those persons who became citizens of Botswana prior to the amendment of the law relating to citizenship by the Citizenship Act;
    (b) any person who, although his or her father was a citizen of Botswana at the time of that person's birth, had, by virtue of his or her having been born outside Botswana, to be registered as a citizen of Botswana, under the law relating to citizenship in force at that time, shall be regarded as a citizen by descent. (Sec. 33)
Head of State
  • English
    (1) The executive power of Botswana shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him or her either directly or through officers subordinate to him or her.
    … (Sec. 47)
Vice-President
  • English
    (1) There shall be a Vice-President who shall be appointed by the President from among the Elected Members of the National Assembly who are citizens of Botswana by birth or descent, which appointment shall be endorsed by the said Elected Members.
    … (Sec. 39)
Vice-President
  • English
    The Vice-President shall be the principal assistant of the President in the discharge of his or her executive functions and shall be responsible, under the directions of the President, for such business of the government of Botswana (including the administration of any department of Government) as the President may assign to him or her. (Sec. 49)
Government
  • 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)
Government
  • English
    (1) There shall be a Cabinet which shall consist of the President, Vice-President and the Ministers.
    … (Sec. 44)
Government
  • English
    (1) The Cabinet shall be responsible for advising the President with respect to the policy of the Government and with respect to such other matters as may be referred to it by the President and shall, subject to the provisions of this Constitution, be responsible to the National Assembly for all things done by or under the authority of the President, Vice-President or any Minister in the execution of his or her office.
    ... (Sec. 50)
Legislature
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    There shall be a Parliament of Botswana which shall consist of the President and a National Assembly. (Sec. 57)
Legislature
  • English
    ...
    (2) In addition to the President the National Assembly shall consist of-
    (a) 57 Elected Members who shall be elected in accordance with the provisions of this Constitution and subject thereto in accordance with the provisions of any Act of Parliament; and
    (b) six Specially Elected Members who shall be elected in accordance with the First Schedule to this Constitution and subject thereto in accordance with the provisions of any Act of Parliament. (Sec. 58)
Legislature
  • 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)
Legislature
  • English
    Subject to the provisions of this Constitution, Parliament shall have power to make laws for the peace, order and good government of Botswana. (Sec. 86)
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.