Published: 1979-01-01
Key Benefits:
ARRANGEMENT OF SECTIONS
SECTION
PART I
Introduction and Interpretation
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
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
37. Appeals
38. Appeals procedure
39. Application of section 31 to proceedings before Police Council
PART VII
Rewards and Fines Fund
40. Establishment of Rewards and Fines Fund
41. Lost property
42. Unclaimed property
PART VIII
Special Constables
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
PART IX
Police Reserve
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 X
General
57. Unauthorized wearing, etc., of police uniform
58. Obstruction
59. No attachment of property of police officer
60. Assignment of pay
61. Limitation of action
PART XI
Police Council
62. Appointment of Police Council
63. Duties of Police Council
64. Complaints against the Service
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]
1. Short title
This Act may be cited as the Police Act.
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 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.