CHAPTER 21:01 POLICE – ILO

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CHAPTER 21:01
POLICE

ARRANGEMENT OF SECTIONS

PART I
Introduction and Interpretation

SECTION

1. Short title
2. Interpretation

PART II
Constitution and Administration

3. Constitution of the Service
4. Commissioner
5. Delegation of powers of Commissioner
6. Duties, functions and administration of Service
7. Employment of Service in emergency

PART III
Appointment, Attestation, Service and Discharge

8. Appointment of police officers
9. Declaration on attestation
10. Pensions and gratuities
11. Permission for resignation
12. Restriction on retirement
13. Interdiction
14. Termination of appointment
15. Retirement, reduction in rank, dismissal

PART IV
Powers, Duties and Privileges of Police Officers

16. General powers and duties
17. Duty to lay information and apply for summons, etc.
18. Powers with regard to fires
19. Other employment forbidden
20. Uniform and equipment

PART V
Discipline

21. Method of dealing with offences
22. Offences for trial by criminal court
23. Disciplinary offences
24. Membership of political party, trade union, etc., forbidden
25. Powers of arrest and remand
26. Authorities for the trial of disciplinary offences
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37. Appeals
38. Appeals procedure
39. Application of section 31 to proceedings before Police Council

27. Punishment
28. Dismissal as a result of disciplinary action
29. Confirmation, consideration and review of sentences
30. Attendance of witnesses
31. Disobedience to summons
32. Witnesses’ expenses
33. Defence of accused
34. Recovery of fines
35. Dismissal, etc., to be considered as punishment
36. Disciplinary action after acquittal of criminal charges

PART VI
Appeals

PART VII
Rewards and Fines Fund

PART VIII
Special Constables

40. Establishment of Rewards and Fines Fund
41. Lost property
42. Unclaimed property

43. Appointment of special constables
44. Equipment for special constables
45. Powers of special constables
46. Termination of service of special constables
47. Delivery up of equipment
48. Death or injury of special constable
49. Remuneration of special constable

50. Formation of Police Reserve
51. Appointments to Police Reserve
52. Service to be voluntary
53. Equipment for Police Reserve
54. Powers and privileges of Police Reserve
55. Salary and allowances of Police Reserve
56. Death or injury of members of Police Reserve

PART IX
Police Reserve

PART X
General

57. Unauthorized wearing, etc., of police uniform
58. Obstruction
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59. No attachment of property of police officer
60. Assignment of pay
61. Limitation of action

62. Appointment of Police Council
63. Duties of Police Council
64. Complaints against the Service

PART XI
Police Council

PART XII
Miscellaneous

65. Regulations
66. Botswana Police College to be a tertiary institution

Schedule

Act 29, 1978,
S.I. 157, 1978,
Act 18, 1980,
Act 15, 2002.

An Act to provide for the enrolment, discipline, control and administration of the
Botswana Police Service; to provide for Special constables and for a Police Reserve and
a Police Council; and for matters incidental thereto and connected therewith.

[Date of Commencement: 1st January, 1979]

PART I
Introduction and Interpretation (ss 1-2)

This Act may be cited as the Police Act.

1. Short title

2. Interpretation

In this Act, unless the context otherwise requires-

“appointing authority” means an authority referred to in section 8;

“arms” includes firearms;

“Board” means a Board constituted in terms of section 26;

“Branch Commander” means any officer of the rank of Assistant Commissioner and
above, who is in command of a branch of the Service;

“Commissioner” means the Commissioner of Police appointed by the President in terms of

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section 112 of the Constitution;

“inspectorate” means those police officers of the rank of inspector or sub-inspector;

“junior officer” means a police officer of the rank of sergeant or below;

“pay” means the salary of a police officer in his substantive rank but does not include any
allowances which have not been declared to be pensionable;

“police camp” means an area set aside for occupation by police officers;

“police council” means the Police Council established under section 62;

“police officer” includes a special constable and a member of the Reserve Service but
does not include a civilian employee;

“review authority” means the appropriate review authority under section 29;

“senior officer” means any police officer of or above the rank of Assistant Superintendent;

“Service” means the Botswana Police Service as constituted under this Act, and any
reference in any enactment to the Botswana Police Force shall be construed as a reference to
Botswana Police Service.

PART II
Constitution and Administration (ss 3-7)

3. Constitution of the Service

(1) The Service shall consist of the Commissioner of Police and such numbers of those
ranks specified in the Schedule as the President may from time to time direct, and police
officers shall rank for seniority in the order shown therein.

(2) The President may, by order published in the Gazette, amend the Schedule.

4. Commissioner

(1) The Commissioner shall, subject to this Act and the general direction of the President,
have the command, superintendence, direction and control of the Service and shall be
responsible to the President for maintaining peace and good order throughout Botswana.

(2) The Commissioner may, subject to this Act, issue or approve such orders for the general
control and administration of the Service as he may deem necessary.

5. Delegation of powers of Commissioner

(1) Any power conferred on the Commissioner by this Act may, subject to the directions of
the Commissioner, be exercised by the Deputy Commissioner.

(2) Any power vested in the Commissioner by any enactment, may be delegated to an

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officer of or above the rank of Superintendent.

6. Duties, functions and administration of Service

(1) The Service shall be employed in and throughout Botswana to protect life and property,
prevent and detect crime, repress internal disturbances, maintain security and public
tranquillity, apprehend offenders, bring offenders to justice, duly enforce all written laws with
which it is directly charged and generally maintain the peace.

(2) For the performance of their duties under this Act police officers may carry arms.

(3) The Service shall perform such military duties within Botswana as may be required of it
under the authority of the President as Commander-in-Chief of the Armed Forces.

(4) The control of the police in any place shall be vested in such police officer as may be
appointed by the Commissioner to be in charge thereof; such officer shall carry out the orders
of the Commissioner in all matters subject to this Act.

7. Employment of Service in emergency

The President may, in time of war or other emergency, employ the Service or part thereof in
the defence of Botswana:

Provided that the Service or such part thereof when so employed shall remain, for the
purpose of administration and discipline, under the command of the Commissioner.

PART III
Appointment, Attestation, Service and Discharge (ss 8-15)

8. Appointment of police officers

(1) Subject to this Act-

(a) the Permanent Secretary to the President shall, after consultation with the

Commissioner, appoint fit and proper persons to hold the rank of Deputy
Commissioner;

(b) the Commissioner shall appoint fit and proper persons-

(i) to hold any rank up to and including Senior Assistant Commissioner;

(ii) to hold any civilian office in the Botswana Police Service, of a Grade up to

and including Grade D1,

whether or not the person appointed is already a member of the Service:

Provided that the first two years of the service of any person appointed to be a member of
the Service, or such longer period as the appointing authority shall direct, shall be on probation
and any service spent in a prescribed organisation may count towards this period.

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(2) A police officer appointed on probation shall, subject to this Act, be confirmed in his
appointment, and admitted to the permanent and pensionable establishment of the Service
only on the authority of the relevant appointing authority.

(3) An appointing authority may appoint a police officer to act in a rank senior to his
substantive appointment, and where the period of such acting appointment exceeds 28 days
such officer shall, during such acting appointment, receive salary at the scale applicable to the
senior rank at such incremental level as the appointing authority may decide.

9. Declaration on attestation

(1) Every person on joining the Service shall make and sign a declaration before a senior
officer in such form as may be prescribed, and at the same time shall acknowledge his
appointment as a member of the Service on such form as may be prescribed.

(2) Every person shall, before making the declaration required by subsection (1), answer
truly any questions put to him as to his previous service, academic qualifications, career and
employment and as to whether he has at any time been convicted of any offence punishable
by the laws of Botswana or the laws of any other country.

(3) Any person who makes a false statement in reply to any question put to him under
subsection (2) to obtain or to attempt to obtain admission to the Service shall be guilty of an
offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding
six months, or to both.

(4) The Commissioner may dismiss from the Service any person who contravenes
subsection (2).

The grant of pensions and gratuities to members of the Service shall be in accordance with
regulations made under this Act.

10. Pensions and gratuities

11. Permission for resignation

12. Restriction on retirement

13. Interdiction

No police officer shall be at liberty to resign from the Service unless expressly permitted to
do so by the appointing authority.

No police officer shall be at liberty to retire from the Service in time of emergency or war
unless the Commissioner, acting with the consent of the President, orders otherwise.

(1) When any police officer is accused of a criminal or disciplinary offence against this Act
or any other criminal offence under any enactment, the appointing authority may suspend such
officer from duty for a period not exceeding three months pending the institution and

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determination of proceedings against such officer but the officer shall, during the period of
suspension, continue to receive full pay and benefits.

(2) Where a police officer, who is suspended under subsection (1), is charged before a
court or a Board with a criminal or disciplinary offence, the appointing authority shall interdict
him and the interdicted officer shall receive such portion of his pay, not being less than
one-half, as the appointing authority may determine; if the proceedings against such officer do
not result in his dismissal or other punishment, he shall be entitled to the full amount of the pay
he would have received had he not been suspended.

(3) When any police officer has been interdicted from duty under subsection (2) and is not
under arrest, a senior officer may order that pending the institution and determination of
proceedings against such officer he shall-

(a) be confined to his quarters or other place of residence during such hours as the

senior officer may decide;

(b) restrict his movements to any area which such senior officer may decide:

Provided that where any conflict arises between an order under this subsection and any
conditions of bail imposed by any court, the latter shall prevail.

14. Termination of appointment

(1) An appointing authority may at any time terminate the appointment of a police officer
serving on probation on first appointment if he considers that such officer is unlikely to become
an efficient officer, but only after inviting him to show cause why his appointment should not be
terminated:

Provided that in the case of an officer of the rank of Deputy Commissioner, the appointing
authority shall act after consultation with the Commissioner.

(2) The termination of an appointment under this section shall not prejudice the granting of
any terminal benefits the police officer would otherwise be entitled to.

(3) The decision of an appointing authority under this section shall be final and no appeal
shall lie to any other person or authority.

15. Retirement, reduction in rank, dismissal

(1) An appointing authority may, at any time-

(a) retire a police officer if a board of Government medical officers finds he is unfit

mentally or physically for further service;

(b) retire a police officer on a reduction of establishment;

(c) dismiss a police officer if he is convicted of any criminal offence, or a disciplinary

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offence under this Act, or alternatively-

(i) reduce him in rank;

(ii) reduce his salary on the scale applicable to him;

(iii) withhold future increments of salary for a period not exceeding two years; or

(iv) retire him;

(d) retire a police officer if he displays an habitual inattention to orders, or fails to obey

orders, or fails to co-operate with members of the Service, or manifests a quarrelsome
disposition or want of courage, although he is not guilty of a specific offence;

(e) retire a police officer who marries or cohabits with a person with whom the appointing

authority is satisfied it is not in the public interest for a police officer to associate
closely; or

(f) retire a police officer who, whether he is eligible to retire or to be retired or not, fails, in
the opinion of the appointing authority, to maintain a satisfactory standard of
efficiency.

(2) No police officer shall be retired under subsection (1) unless he is given such notice as
may be prescribed of the intention so to retire him.

(3) A police officer who is convicted of a criminal offence and is sentenced to imprisonment,
whether suspended or not, or, having been fined with imprisonment as an alternative, fails to
pay the fine and is imprisoned, shall be dismissed from the Service.

PART IV
Powers, Duties and Privileges of Police Officers (ss 16-20)

16. General powers and duties

(1) Every police officer shall be liable for duty at all times, and at any time may be detailed
for duty in any part of Botswana, or any duty outside Botswana which the Commissioner may
reasonably authorize or require.

(2) Every police officer shall be an officer of the court with responsibility for the prompt
service or execution of any summons or warrant or process directed to him with regard to any
criminal matter.

(3) It shall be the duty of every police officer at all times to perform and carry out the duties
entrusted to him to the best of his ability, and at such times to comply with any general or
specific orders which may be applicable to him.

(4) It shall be the duty of every police officer at all times to comply with any general or
specific orders issued by the Commissioner or other competent police authority.

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