4.       Authentication of documents in Botswana

            (1) An administrative officer, other than a cadet, may attest the signature on any document:

            Provided that-

      (i)     if the document is signed by an individual who is personally known to him or is identified to him by two respectable and responsible persons both of whom are known to him;

      (ii)     if the document is signed by or on behalf of any individual, company or association or body of persons, corporate or unincorporate, the person signing the document is personally known to him or is identified to him as provided in paragraph (i) and he is satisfied as to the capacity and authority of the person signing the document to do so on behalf of such individual, company or association or body of persons, and as to the identity of the seal or stamp which the document bears;

     (iii)     if the administrative officer requested to attest the signature on a document is not satisfied as to the identity of the individual signing the document or, as the case may be, of the identity, capacity and authority of the person signing as provided in paragraph (ii), he shall refuse to attest the document.

            (2) An administrative officer who is requested to attest the signature on a document by a person purporting to do so on behalf of some other person or on behalf of a company or association or body of persons, corporate or unincorporate, shall not be satisfied as to the capacity and authority of the person signing the document except by written evidence such as-

     (a)     a valid power of attorney containing such authority;

     (b)     the memorandum and articles of association of a company and evidence that the seal of the company is used in accordance therewith and that the persons present have the capacity which they claim;

     (c)     the rules or other constitution of any association or body of persons and evidence that the document is signed in accordance therewith and that the persons present have the capacity which they claim.

            (3) An administrative officer who attests the signature on a document may endorse on or attach to the document a certificate in the appropriate form set out in the First Schedule with any necessary modifications, and such certificate shall be sufficient authentication of the document for use in Botswana.

            (4) Nothing in this section shall in any way affect the authentication of a document by a notary public admitted to practise as such in accordance with the Legal Practitioners Act.

5.       Use of seal

            An administrative officer who authenticates a document shall affix his seal or stamp of office thereto in addition to his signature, or, if he has no seal or stamp of office, shall state such fact in writing on the document or in his certificate.

6.       Official documents

            In any criminal or civil proceedings a document-

     (a)     purporting to bear the signature of any person holding office under the State; and

     (b)     bearing a seal or stamp which purports to be a seal or stamp of the department, office or institution to which such person is attached,

shall on its mere production, without proof of such signature, seal or stamp, be presumed to have been signed by such person, unless it is proved not to have been signed by him.