Constitution_Of_Botswana.TXT
property;
(b)
in order to effect a lawful arrest or to prevent the escape of a
person lawfully detained;
(c)
for the purpose of suppressing a riot, insurrection or mutiny; or
(d)
in order to prevent the commission by that person of a criminal
offence,
or if he or she dies as the result of a lawful act of war.
[Ch0000s5] 5.
Protection of right to personal liberty
(1) No person shall be deprived of his or her personal liberty save as may
be authorized by law in any of the following cases, that is to say(a)
in execution of the sentence or order of a court, whether
established for Botswana or some other country, in respect of a criminal offence of
which he or she has been convicted;
(b)
in execution of the order of a court of record punishing him or her
for contempt of that or another court;
(c)
in execution of the order of a court made to secure the fulfilment
of any obligation imposed on him or her by law;
(d)
for the purpose of bringing him or her before a court in execution
of the order of a court;
(e)
upon reasonable suspicion of his or her having committed, or being
about to commit, a criminal offence under the law in force in Botswana;
(f)
under the order of a court or with the consent of his or her parent
or guardian, for his or her education or welfare during any period ending not later
than the date when he or she attains the age of 18 years;
(g)
for the purpose of preventing the spread of an infectious or
contagious disease;
(h)
in the case of a person who is, or is reasonably suspected to be, of
unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his or
her care or treatment or the protection of the community;
(i)
for the purpose of preventing the unlawful entry of that person into
Botswana, or for the purpose of effecting the expulsion, extradition or other lawful
removal of that person from Botswana, or for the purpose of restricting that person
while he or she is being conveyed through Botswana in the course of his or her
extradition or removal as a convicted prisoner from one country to another;
(j)
to such extent as may be necessary in the execution of a lawful
order requiring that person to remain within a specified area within Botswana or
prohibiting him or her from being within such an area, or to such extent as may be
reasonably justifiable for the taking of proceedings against that person relating to
the making of any such order, or to such extent as may be reasonably justifiable for
restraining that person during any visit that he or she is permitted to make to any
part of Botswana in which, in consequence of any such order, his or her presence
would otherwise be unlawful; or
(k)
for the purpose of ensuring the safety of aircraft in flight.
(2) Any person who is arrested or detained shall be informed as soon as
reasonably practicable, in a language that he or she understands, of the reasons for
his or her arrest or detention.
(3) Any person who is arrested or detained(a)
for the purpose of bringing him or her before a court in execution
of the order of a court; or
(b)
upon reasonable suspicion of his or her having committed, or being
about to commit, a criminal offence under the law in force in Botswana,
and who is not released, shall be brought as soon as is reasonably practicable
before a court; and if any person arrested or detained as mentioned in paragraph (b)
of this subsection is not tried within a reasonable time, then, without prejudice to
any further proceedings that may be brought against him or her, he or she shall be
released either unconditionally or upon reasonable conditions, including in
particular such conditions as are reasonably necessary to ensure that he or she
appears at a later date for trial or for proceedings preliminary to trial.
(4) Any person who is unlawfully arrested or detained by any other person
shall be entitled to compensation therefor from that other person.
[Ch0000s6] 6.
Protection from slavery and forced labour
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
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