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Botswana
Constitution
6. Protection from slavery and forced labour
(Part of it)
1. No person shall be held in slavery or servitude.
2. No person shall be required to perform forced labour.
6. Protection from slavery and forced labour
(Part of it)
3. For the purposes of this section, the expression "forced labour" does
not include—
4. any labour required during any period of public emergency or in the
event of any other emergency or calamity that threatens the life and well-
being of the community, to the extent that the requiring of such labour is
reasonably justifiable in the circumstances of any situation arising or
existing during that period or as a result of that other emergency or
calamity, for the purpose of dealing with that situation; or
Article 8. Protection from deprivation of
property
1. No property of any description shall be compulsorily taken
possession of, and no interest in or right over property of any
description shall be compulsorily acquired, except where the
following conditions are satisfied, that is to say—
1. the taking of possession or acquisition is necessary or
expedient—
Article 8. Protection from deprivation of
property
1. in the interests of defence, public safety, public
order, public morality, public health, town and country
planning or land settlement;
2. in order to secure the development or utilization of
that, or other, property for a purpose beneficial to the
community; or
3. in order to secure the development or utilization of
the mineral resources of Botswana; and
Article 8. Protection from deprivation of
property
2. provision is made by a law applicable to that taking of possession or
acquisition—
1. for the prompt payment of adequate compensation; and
2. securing to any person having an interest in or right over
the property a right of access to the High Court, either direct or on
appeal from any other authority, for the determination of his or her
interest or right, the legality of the taking of possession or
acquisition of the property, interest or right, and the amount of any
compensation to which he or she is entitled, and for the purpose of
obtaining prompt payment of that compensation.
Article 8. Protection from deprivation of
property
2. No person who is entitled to compensation under this
section shall be prevented from remitting, within a reasonable
time after he or she has received any amount of that
compensation, the whole of that amount (free from any
deduction, charge or tax made or levied in respect of its
remission) to any country of his or her choice outside
Botswana.
Article 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.
Article 14. Protection of freedom of movement
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—
1. 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;
2. for the imposition of restrictions on the freedom of movement of any person
who is not a citizen of Botswana;
Article 14. Protection of freedom of movement
3. for the imposition of restrictions on the entry into or
residence within defined areas of Botswana of persons who are
not Bushmen to the extent that such restrictions are
reasonably required for the protection or well-being of
Bushmen;
4. for the imposition of restrictions upon the movement or
residence within Botswana of public officers; or
5. [Repealed.]
Article 14. Protection of freedom of movement
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.
Article 14. Protection of freedom of movement
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.
Article 53. Prerogative of Mercy
The President may—
1. grant to any person convicted of any offence a pardon, either free
or subject to lawful conditions;
2. grant to any person a respite, either indefinite or for a specified
period, of the execution of any punishment imposed on that person for any
offence;
3. substitute a less severe form of punishment for any punishment
imposed on any person for any offence; and
4. remit the whole or part of any punishment imposed on any person
for any offence or of any penalty or forfeiture otherwise due to the Gove
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Admirable Articles of Botswana's Constitution

  • 2. 6. Protection from slavery and forced labour (Part of it) 1. No person shall be held in slavery or servitude. 2. No person shall be required to perform forced labour.
  • 3. 6. Protection from slavery and forced labour (Part of it) 3. For the purposes of this section, the expression "forced labour" does not include— 4. any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well- being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or
  • 4. Article 8. Protection from deprivation of property 1. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say— 1. the taking of possession or acquisition is necessary or expedient—
  • 5. Article 8. Protection from deprivation of property 1. in the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement; 2. in order to secure the development or utilization of that, or other, property for a purpose beneficial to the community; or 3. in order to secure the development or utilization of the mineral resources of Botswana; and
  • 6. Article 8. Protection from deprivation of property 2. provision is made by a law applicable to that taking of possession or acquisition— 1. for the prompt payment of adequate compensation; and 2. securing to any person having an interest in or right over the property a right of access to the High Court, either direct or on appeal from any other authority, for the determination of his or her interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he or she is entitled, and for the purpose of obtaining prompt payment of that compensation.
  • 7. Article 8. Protection from deprivation of property 2. No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he or she has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his or her choice outside Botswana.
  • 8. Article 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.
  • 9. Article 14. Protection of freedom of movement 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— 1. 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; 2. for the imposition of restrictions on the freedom of movement of any person who is not a citizen of Botswana;
  • 10. Article 14. Protection of freedom of movement 3. for the imposition of restrictions on the entry into or residence within defined areas of Botswana of persons who are not Bushmen to the extent that such restrictions are reasonably required for the protection or well-being of Bushmen; 4. for the imposition of restrictions upon the movement or residence within Botswana of public officers; or 5. [Repealed.]
  • 11. Article 14. Protection of freedom of movement 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.
  • 12. Article 14. Protection of freedom of movement 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.
  • 13. Article 53. Prerogative of Mercy The President may— 1. grant to any person convicted of any offence a pardon, either free or subject to lawful conditions; 2. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; 3. substitute a less severe form of punishment for any punishment imposed on any person for any offence; and 4. remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Gove