Constitution_Of_Botswana.TXT
(4) Subsection (1) of this section shall not apply to any law so far as that
law makes provision(a)
for the appropriation of public revenues or other public funds;
(b)
with respect to persons who are not citizens of Botswana;
(c)
with respect to adoption, marriage, divorce, burial, devolution of
property on death or other matters of personal law;
(d)
for the application in the case of members of a particular race,
community or tribe of customary law with respect to any matter whether to the
exclusion of any law in respect to that matter which is applicable in the case of
other persons or not; or
(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.
(5) Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) of this section to the extent that it makes
reasonable provision with respect to qualifications for service as a public officer
or as a member of a disciplined force or for the service of a local government
authority or a body corporate established directly by any law.
(6) Subsection (2) of this section shall not apply to anything which is
expressly or by necessary implication authorized to be done by any such provision of
law as is referred to in subsection (4) or (5) of this section.
(7) 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 whereby persons of any such description as is
mentioned in subsection (3) of this section may be subjected to any restriction on
the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14 of this
Constitution, being such a restriction as is authorized by section 9(2), 11(5),
12(2) 13(2), or 14(3), as the case may be.
(8) Nothing in subsection (2) of this section shall affect any discretion
relating to the institution, conduct or discontinuance of civil or criminal
proceedings in any court that is vested in any person by or under this Constitution
or any other law.
(9) Nothing contained in or done under the authority of any law shall be
held to be inconsistent with the provisions of this section(a)
if that law was in force immediately before the coming into
operation of this Constitution and has continued in force at all times since the
coming into operation of this Constitution; or
(b)
to the extent that the law repeals and re-enacts any provision which
has been contained in any written law at all times since immediately before the
coming into operation of this Constitution.
[Ch0000s16] 16. Derogation from fundamental rights and freedoms
(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 or 15 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 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.
(2) Where a person is detained by virtue of such an authorization as is
referred to in subsection (1) of this section the following provisions shall apply(a)
he or she shall, as soon as reasonably practicable and in any case
not more than five days after the commencement of his or her detention, be furnished
with a statement in writing in a language that he or she understands specifying in
detail the grounds upon which he or she is detained;
(b)
not more than 14 days after the commencement of his or her
detention, a notification shall be published in the Gazette stating that he or she
has been detained and giving particulars of the provision of law under which his or
her detention is authorized;
(c)
not more than one month after the commencement of his or her
detention and thereafter during his or her detention at intervals of not more than
six months, his or her case shall be reviewed by an independent and impartial
tribunal established by law and presided over by a person, qualified to be enrolled
Page 12