Constitution_Of_Botswana.TXT
trade unions qualified for registration) and conditions whereby registration may be
refused on the grounds that any other trade union already registered, or association
of trade unions already registered, as the case may be, is sufficiently
representative of the whole or of a substantial proportion of the interests in
respect of which registration of a trade union or association of trade unions is
sought,
and except so far as that provision or, as the case may be, the thing done under the
authority thereof is shown not to be reasonably justifiable in a democratic society.
[Ch0000s14] 14. Protection of freedom of movement
(1) No person shall be deprived of his or her freedom of movement, and for
the purposes of this section the said freedom means the right to move freely
throughout Botswana, the right to reside in any part of Botswana, the right to enter
Botswana and immunity from expulsion from Botswana.
(2) Any restriction on a person's freedom of movement that is involved in
his or her lawful detention shall not be held to be inconsistent with or in
contravention of this section.
(3) 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 makes provision(a)
for the imposition of restrictions that are reasonably required in
the interests of defence, public safety, public order, public morality or public
health or the imposition of restrictions on the acquisition or use by any person of
land or other property in Botswana and except so far as that provision or, as the
case may be, the thing done under the authority thereof, is shown not to be
reasonably justifiable in a democratic society;
(b)
for the imposition of restrictions on the freedom of movement of any
person who is not a citizen of Botswana;
9 of 2005, s. 3.(c)
........
(d)
for the imposition of restrictions upon the movement or residence
within Botswana of public officers; or
(e)
for the removal of a person from Botswana to be tried outside
Botswana for a criminal offence or to undergo imprisonment in some other country in
execution of the sentence of a court in respect of a criminal offence under the law
in force in Botswana of which he or she has been convicted.
(4) If any person whose freedom of movement has been restricted by order
under such a provision as is referred to in subsection (3)(a) of this section (other
than a restriction which is applicable to persons generally or to general classes of
persons) so requests at any time during the period of that restriction not earlier
than six months after the order was made or six months after he or she last made
such request, as the case may be, his or her case shall be reviewed by an
independent and impartial tribunal presided over by a person, qualified to be
enrolled as an advocate in Botswana, appointed by the Chief Justice.
(5) On any review by a tribunal in pursuance of this section of the case of
a person whose freedom of movement has been restricted, the tribunal may make
recommendations, concerning the necessity or expediency of continuing the
restriction to the authority by which it was ordered but, unless it is otherwise
provided by law, that authority shall not be obliged to act in accordance with any
such recommendations.
[Ch0000s15] 15. Protection from discrimination on the grounds of race, etc.
(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.
(2) Subject to the provisions of subsections (6), (7) and (8) of this
section, no person shall be treated in a discriminatory manner by any person acting
by virtue of any written law or in the performance of the functions of any public
office or any public authority.
9 of 2005, s. 4. (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.
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