Constitution_Of_Botswana.TXT
as an advocate in Botswana, appointed by the Chief Justice; and
(d)
he or she shall be afforded reasonable facilities to consult and
instruct, at his or her own expense, a legal representative and he or she and any
such legal representative shall be permitted to make written or oral representations
or both to the tribunal appointed for the review of his or her case.
(3) On any review by a tribunal in pursuance of this section of the case of
a detained person, the tribunal may make recommendations, concerning the necessity
or expediency of continuing his or her detention, 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.
[Ch0000s17] 17. Declarations relating to emergencies
(1) The President may at any time, by Proclamation published in the Gazette,
declare that a state of public emergency exists.
(2) A declaration under subsection (1) of this section, if not sooner
revoked, shall cease to have effect(a)
in the case of a declaration made when Parliament is sitting or has
been summoned to meet within seven days, at the expiration of a period of seven days
beginning with the date of publication of the declaration; or
(b)
in any other case, at the expiration of a period of 21 days
beginning with the date of publication of the declaration,
unless before the expiration of that period, it is approved by a resolution passed
by the National Assembly, supported by the votes of a majority of all the voting
members of the Assembly.
(3) Subject to the provisions of subsection (4) of this section, a
declaration approved by a resolution of the National Assembly under subsection (2)
of this section shall continue in force until the expiration of a period of six
months beginning with the date of its being so approved or until such earlier date
as may be specified in the resolution:
Provided that the National Assembly may, by resolution, supported by the
votes of a majority of all the voting members of the Assembly, extend its approval
of the declaration for periods of not more than six months at a time.
(4) The National Assembly may by resolution at any time revoke a declaration
approved by the Assembly under this section.
[Ch0000s18] 18. Enforcement of protective provisions
(1) Subject to the provisions of subsection (5) of this section, if any
person alleges that any of the provisions of sections 3 to 16 (inclusive) of this
Constitution has been, is being or is likely to be contravened in relation to him or
her, then, without prejudice to any other action with respect to the same matter
which is lawfully available, that person may apply to the High Court for redress.
(2) The High Court shall have original jurisdiction(a)
to hear and determine any application made by any person in
pursuance of subsection (1) of this section; or
(b)
to determine any question arising in the case of any person which is
referred to it in pursuance of subsection (3) of this section,
and may make such orders, issue such writs and give such direction as it may
consider appropriate for the purpose of enforcing or securing the enforcement of any
of the provisions of sections 3 to 16 (inclusive) of this Constitution.
(3) If in any proceedings in any subordinate court any question arises as to
the contravention of any of the provisions of sections 3 to 16 (inclusive) of this
Constitution, the person presiding in that court may, and shall if any party to the
proceedings so requests, refer the question to the High Court unless, in his or her
opinion, the raising of the question is merely frivolous or vexatious.
(4) Parliament may confer upon the High Court such powers in addition to
those conferred by this section as may appear to be necessary or desirable for the
purpose of enabling that court more effectively to exercise the jurisdiction
conferred upon it by this section.
(5) Rules of court making provision with respect to the practice and
procedure of the High Court for the purposes of this section may be made by the
person or authority for the time being having power to make rules of court with
respect to the practice and procedure of that court generally.
[Ch0000s19] 19. Interpretation and savings
(1) In this Chapter, unless the context otherwise requires"court" means any court of law having jurisdiction in Botswana other than a
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