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The Global Gender Equality Constitutional Database is a repository of gender equality related provisions in 194 constitutions from around the world. The Database was updated in partnership with the International Bar Association's Human Rights Institute (IBAHRI) and with support from the Swedish International Development Agency (SIDA) and the Government of Japan. Experience its wealth and depth of information by starting your search now.
Property, Inheritance and Land Tenure
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-
...
(c) protection for the privacy of his or her home and other property and from deprivation of property without compensation,
... (Sec. 3)
Property, Inheritance and Land Tenure
Botswana, 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-
…
(c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;
… (Sec. 15)
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, ...
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 3 or 15 4 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 5 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)
Political Rights and Association
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-
…
(b) freedom of conscience, of expression and of assembly and association;
… (Sec. 3)
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)
Government
Botswana, 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
Botswana, English
There shall be a Parliament of Botswana which shall consist of the President and a National Assembly. (Sec. 57)
Vice-President
Botswana, 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)
Government
Botswana, English
(1) There shall be a Cabinet which shall consist of the President, Vice-President and the Ministers.
… (Sec. 44)