Redress of Complaints (ss 143-144)

[Ch2105s143]143.   Complaints by officers

            (1) If an officer of the Defence Force thinks himself wronged in any matter by a superior officer and on application to his commanding officer does not obtain the redress to which he thinks he is entitled, he may make a complaint with regard to that matter to the Commander.

            (2) On receiving any such complaint it shall be the duty of the Commander to investigate the complaint and to grant any redress which appears to him to be necessary or, if the complainant so requires, the Commander shall make his report on the complaint to the President in order to receive the directions of the President.

[Ch2105s144]144.   Complaints by soldiers

            (1) If a soldier of the Defence Force thinks himself wronged in any matter by any officer other than his commanding officer or by any soldier, he may make a complaint with regard to that matter to his commanding officer.

            (2) If a soldier of the Defence Force thinks himself wronged in any matter by his commanding officer, either by reason of redress not being given to his satisfaction on a complaint under subsection (1) or for any other reason, he may make a complaint with regard thereto to the Commander.

            (3) It shall be the duty of a commanding officer or the Commander to have any complaint received under this section investigated and to take any steps for redressing the matter complained of which appear to be necessary.

Exemptions for Officers and Soldiers (ss 145-146)

[Ch2105s145]145.   Exemption from service as assessor

            An officer or soldier of the Regular Force shall be exempt from serving as an assessor in any civil court:

            Provided that an officer of the rank of captain or above may serve as an assessor in a civil court during any trial for an offence against this Act.

[Ch2105s146]146.   Exemption from execution of property used for military purposes

            No judgment, decree or order given or made against an officer or soldier of the Defence Force by any court in Botswana shall be enforced by the levying of execution on any service property, nor shall any distress be made thereon.

Provisions relating to Deserters and Absentees without Leave (ss 147-151)

[Ch2105s147]147.   Arrest of deserters and absentees without leave

            (1) A police officer may arrest any person whom he has reasonable cause to suspect of being an officer or soldier of the Defence Force who has deserted or is absent without leave.

            (2) Any person having authority to issue a warrant for the arrest of a person charged with crime, if satisfied by evidence on oath that there is, or is reasonably suspected of being, within his jurisdiction, an officer or soldier of the Defence Force who has deserted or is absent without leave or is reasonably suspected of having deserted or of being absent without leave, may issue a warrant authorizing his arrest.

            (3) Any person in custody in pursuance of this section shall as soon as practicable be brought before a magistrate's court.

            (4) Notwithstanding any other law to the contrary a person arrested and brought before a magistrate's court under this section or section 148 or 149 shall not be admitted to bail.

[Ch2105s148]148.   Proceedings before a civil court where persons suspected of illegal absence

            (1) Where a person who is brought before a magistrate's court is alleged to be an officer or soldier of the Defence Force who has deserted or is absent without leave, the following provisions shall have effect.

            (2) If he admits that he is illegally absent from the Defence Force and the court is satisfied of the truth of the admission, then-

     (a)     unless he is in custody for some other cause, the court shall; and

     (b)     notwithstanding that he is in custody for some other cause, the court may,

forthwith either cause him to be delivered into military custody in such manner as the court may think fit or commit him to some prison, police station or other place provided for the confinement of persons in custody, to be kept there for such reasonable time as the court may specify (not exceeding such time as appears to the court reasonably necessary for the purpose of enabling him to be delivered into military custody) or until sooner delivered into such custody.

            (3) Any time specified by the court may be extended by the court from time to time if it appears to the court reasonably necessary to do so for the purpose aforesaid.

            (4) If he does not admit that he is illegally absent as aforesaid, or the court is not satisfied of the truth of the admission, the court shall consider the evidence and any statement of the accused, and if satisfied that he is subject to this Act and if of opinion that there is sufficient evidence to justify his being tried under this Act for an offence of desertion or absence without leave, then, unless he is in custody for some other cause, the court shall cause him to be delivered into military custody or commit him as aforesaid, but otherwise shall release him:

            Provided that if he is in custody for some other cause the court shall have power, but shall not be required, to act in accordance with this subsection.

[Ch2105s149]149.   Deserters and absentees without leave surrendering to police

            (1) Where a person surrenders himself to a police officer as being illegally absent from the Defence Force, the police officer shall (unless he surrenders himself at a police station) bring him to a police station.

            (2) The police officer in charge of a police station at which a person has surrendered himself as aforesaid, or to which a person who has so surrendered himself is brought, shall forthwith enquire into the case, and if it appears to that officer that the said person is illegally absent as aforesaid he may cause him to be delivered into military custody without bringing him before a magistrate's court or may bring him before such a court.

[Ch2105s150]150.   Certificates of arrest or surrender of deserters and absentees

            (1) Where a magistrate's court in pursuance of section 148 deals with a person as illegally absent, then when that person is delivered into military custody there shall be handed over with him a certificate in the prescribed form, signed by a magistrate, containing the prescribed particulars as to his arrest or surrender and the proceedings before the court.

            (2) Where a person is delivered into military custody without being brought before a court, whether under section 149 or under any other lawful power, there shall be handed over with him a certificate in the prescribed form, signed by the police officer who caused him to be delivered into military custody, containing the prescribed particulars relating to his surrender.

            (3) In any proceedings for an offence against section 40 or 41-

     (a)     a document purporting to be a certificate under either subsection (1) or (2) and to be signed as thereby required, shall be evidence of the matters stated in the document;

     (b)     where the proceedings are against a person who has been taken into military custody on arrest or surrender, a certificate in the prescribed form purporting to be signed by a provost officer or by any officer in charge of the guardroom or other place where that person was confined on being taken into custody, stating the facts, date, time and place of arrest or surrender, shall be evidence of the matters stated in the certificate.

[Ch2105s151]151.   Duties of officers in charge of prisons and others to receive deserters and absentees

            (1) It shall be the duty of the officer in charge of a civil prison to receive any person duly committed to that prison by a magistrate's court as illegally absent from the Defence Force and to detain him until in accordance with the directions of the court he is delivered into military custody.

            (2) Subsection (1) shall apply to the person having charge of any police station or other place (not being a prison) provided for the confinement of persons in custody, as it applies to the superintendent of a prison.

Offences relating to Military Matters Punishable by Civil Courts (ss 152-158)

[Ch2105s152]152.   Punishment for pretending to be a deserter

            Any person who falsely represents himself to any military or civil authority to be a deserter from the Defence Force shall be liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

[Ch2105s153]153.   Punishment for procuring and assisting desertion

            Any person who-

     (a)     procures or persuades any officer or soldier of the Defence Force to desert or to absent himself without leave;

     (b)     knowing that any such officer or soldier is about to desert or absent himself without leave, assists him in so doing; or

     (c)     knowing any person to be a deserter or absentee without leave from the Defence Force, conceals him or assists him in concealing himself or assists in his rescue from custody,

shall be liable to a fine not exceeding P500 or to imprisonment for a term not exceeding 12 months, or to both.

[Ch2105s154]154.   Punishment for obstructing officers or soldiers in execution of duty

            Any person who wilfully obstructs or otherwise interferes with any officer or soldier of the Defence Force acting in the execution of his duty shall be liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

[Ch2105s155]155.   Punishment for aiding malingering

            Any person who-

     (a)     produces in an officer or soldier of the Defence Force any sickness or disability; or

     (b)     supplies to or for him any drug or preparation calculated or likely to render him, or lead to the belief that he is, permanently or temporarily unfit for service,

with a view to enabling him to avoid military service, whether permanently or temporarily, shall be liable to a fine not exceeding P250 or to imprisonment for a term not exceeding six months, or to both.

[Ch2105s156]156.   Unlawful purchase, etc., of military stores

            (1) Any person who acquires any military stores or solicits or procures any person to dispose of any military stores, or acts for any person in the disposing of any military stores, shall, unless he proves-

     (a)     that he did not know, and could not reasonably be expected to know, that the goods in question were military stores;

     (b)     that those goods had (by the transaction with which he is charged or some earlier transaction) been disposed of by order or with the consent of some person or authority who had, or whom he had reasonable cause to believe to have, power to give the order or consent; or

     (c)     that those goods had become the property of an officer of the Defence Force who had retired or ceased to be an officer, or of a soldier of the Defence Force who had been discharged or of the personal representative of a person who had died,

be liable to a fine not exceeding P1000 or to imprisonment for a term not exceeding two years, or to both.

            (2) A police officer may arrest without warrant any person whom he has reasonable grounds for suspecting of having committed an offence against this section, and may seize any property which he has reasonable grounds for suspecting of having been the subject of the offence.

            (3) Any person having authority to issue a warrant for the arrest of a person charged with an offence may, if satisfied by evidence on oath that a person within his jurisdiction has, or is reasonably suspected of having, in his possession any property which has been the subject of an offence against this section, grant a warrant to search for such property as in the case of stolen goods; and any property suspected of having been the subject of such an offence which is found on such a search shall be seized by the officer charged with the execution of the warrant, and that officer shall bring the person in whose possession or keeping the property is found before a magistrate's court.

            (4) In this section the expressions-

            "acquire" means buy, take in exchange, take in pledge, or otherwise receive (whether apart from this section the receiving is lawful or not);

            "dispose" means sell, give in exchange, pledge or otherwise hand over (whether apart from this section the handing over is lawful or not);

            "military stores" means any goods of any description belonging to the Government which have been issued for use for military purposes or are held in store for the purpose of being so issued when required, and includes any goods which had belonged, and had been issued or held as aforesaid at some past time.

            (5) For the purposes of subsection (3) property shall be deemed to be in the possession of a person if he has it under his control, and whether he has it for his own use or benefit or for the use or benefit of another.

[Ch2105s157]157.   Illegal dealings in documents relating to pay, pensions, mobilization, etc.

            (1) Any person who-

     (a)     as a pledge or a security for a debt; or

     (b)     with a view to obtaining payment from the person entitled thereto of a debt due either to himself or to any other person,

receives, detains or has in his possession any official document issued in connection with the payment to any person of any pay, pension, allowance, gratuity or other payment payable in respect of his or any other person's military service shall be guilty of an offence.

            (2) Any person who has in his possession without lawful authority or excuse (the proof whereof shall lie on him) any such document as aforesaid, or any official document issued in connection with the mobilization or demobilization of the Defence Force or any member thereof, shall be guilty of an offence.

            (3) Any person guilty of an offence under this section shall be liable to a fine not exceeding P250 or to imprisonment for a term not exceeding six months, or to both.

            (4) For the purposes of this section a document shall be deemed to be in the possession of a person if he has it under his control and whether or not he has it for his own use or benefit or for the use or benefit of another.

[Ch2105s158]158.   Unauthorized use of and dealing in decorations, etc.

            (1) Any person who-

     (a)     being a person who is not serving in the Defence Force without authority wears in a public place the uniform of any part of those forces or any dress having the appearance or bearing any of the regimental or other distinctive marks of any such uniform;

     (b)     without authority uses or wears any naval, military or air force decoration, or any badge, wound stripe or any emblem supplied or authorized by the Defence Council;

     (c)     uses or wears any decoration, badge, wound stripe or emblem so nearly resembling any decoration, badge, wound stripe or emblem mentioned in paragraph (b), as to be calculated to deceive; or

     (d)     falsely represents himself to be a person who is or has been entitled to use or wear any such decoration, badge, wound stripe or emblem as is mentioned in paragraph (b),

shall be guilty of an offence:

            Provided that nothing in this subsection shall prevent any person from wearing any uniform or dress in the course of a stage play or in the course of a musical or circus performance, or in the course of any bona fide military representation.

            (2) Any person who purchases or takes in pledge any decoration awarded to any member of the Defence Force, or solicits or procures any person to sell or pledge any such decoration, or acts for any person in the sale or pledging thereof, shall be guilty of an offence unless he proves that at the time of the alleged offence the person to whom the decoration was awarded was dead or had ceased to be a member of that Force.

            (3) Any person who is guilty of an offence under this section shall be liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

Provisions as to Evidence (ss 159-161)

[Ch2105s159]159.   General provisions as to evidence

            (1) The following provisions shall have effect with respect to evidence in proceedings under this Act, whether before a court-martial, a civil court or otherwise.

            (2) A document purporting to be a copy of the attestation paper signed by any person and to be certified to be a true copy by a person stated in the certificate to have the custody of the attestation paper shall be evidence of the enlistment of the person attested.

            (3) The attestation paper purporting to be signed by a person on his enlistment shall be evidence of his having given the answers to questions which he is therein recorded as having given.

            (4) A letter, return or other document stating that any person-

     (a)     was or was not serving at any specified time or during any specified period in any part of the Defence Force or was discharged from any part of that Force at or before any specified time;

     (b)     held or did not hold at any specified time any specified rank or appointment in that Force or had at or before any specified time been attached, posted or transferred to any part of that force, or at any specified time or during any specified period was or was not serving or held or did not hold any rank or appointment in any particular country or place; or

     (c)     was or was not at any specified time authorized to use or wear any decoration, badge, wound stripe or emblem,

shall, if purporting to be issued by or on behalf of the Defence Council, or a person authorized by it, be evidence of the matters stated in the document.

            (5) A record made in any prescribed service book or any other prescribed document, being a record made in pursuance of the provisions of this Act, or otherwise in pursuance of military duty, and purporting to be signed by the commanding officer or by any person whose duty it was to make the record, shall be evidence of the facts stated therein; and a copy of a record (including the signature thereto) in any such book or other document as aforesaid purporting to be certified to be a true copy by a person stated in the certificate to have the custody of the book or other document, shall be evidence of the record.

            (6) A document purporting to be issued by order of the Commander or the Defence Council and to contain instructions or orders given or made by the Commander or the Defence Council shall be evidence of the giving of the instructions or making of the orders and of their contents.

            (7) A certificate purporting to be issued by or on behalf of the Commander or the Defence Council, or by a person authorized by him or it, and stating-

     (a)     that a decoration of a description specified in or annexed to the certificate is a military decoration; or

     (b)     that a badge, wound stripe or emblem of a description specified in or annexed to the certificate is one supplied or authorized by the Commander or the Defence Council,

shall be evidence of the matters stated in the certificate.

            (8) A certificate purporting to be signed by a person's commanding officer or any officer authorized by him to give the certificate, and stating the contents of, or any part of, standing orders or other routine orders of a continuing nature made for-

     (a)     any formation or unit or body of troops;

     (b)     any command or other area, garrison or place; or

     (c)     any vessel, train or aircraft,

shall in proceedings against the said person be evidence of the matters stated in the certificate.

[Ch2105s160]160.   Proof of outcome of civil trial

            (1) Where a person subject to this Act has been tried before a civil court (whether at the time of the trial he was so subject or not) a certificate signed by the clerk of the court or by a judge or a magistrate and stating all or any of the following matters-

     (a)     that the said person has been tried before the court for an offence specified in the certificate;

     (b)     the result of the trial;

     (c)     what judgment or order was given or made by the court;

     (d)     that other offences specified in the certificate were taken into consideration at the trial,

shall for the purposes of this Act be evidence of the matters stated in the certificate.

            (2) A document purporting to be a certificate under this section and to be signed by the clerk of the court, a judge or a magistrate shall, unless the contrary is shown, be deemed to be such a certificate.

            (3) The clerk of the court shall, if required by the commanding officer of the person in question or any other officer authorized by him, furnish a certificate under this section.

            (4) References in this section to the clerk of the court include references to his deputy, to the Registrar of the High Court and to any other person having the custody of the records of the court.

[Ch2105s161]161.   Evidence of proceedings of court-martial

            (1) The original record of the proceedings of a court-martial purporting to be signed by the presiding officer of the court and being in the custody of any person having the lawful custody thereof shall be admissible in evidence on production from that custody.

            (2) A document purporting to be a copy of the original record of the proceedings of a court-martial and to be certified by the person having the lawful custody of the proceedings to be a true copy shall be evidence of the contents of the proceedings or the part to which the document relates, as the case may be.

            (3) This section applies to evidence given in any court, whether civil or criminal.

Miscellaneous Provisions (ss 162-164)

[Ch2105s162]162.   Temporary reception in civil custody of persons under escort

            (1) Where a person is in military custody when charged with, or with a view to his being charged with, an offence against Part VII, it shall be the duty of the superintendent or other person in charge of a civil prison or of the person having charge of any police station or other place in which prisoners may be lawfully detained, upon delivery to him of a written order purporting to be signed by the commanding officer of the person in custody to receive him into his custody for a period not exceeding seven days.

            (2) In subsection (1) "civil prison" has the meaning assigned to it in section 129.

[Ch2105s163]163.   Avoidance of assignment of, or charge on, military pay, pensions, etc.

            (1) Every assignment of or charge on, and every agreement to assign or charge, any pay, award, grant, pension or allowance payable to any person in respect of his or any other person's service in the Defence Force shall be void.

            (2) Except as expressly provided by this Act, no order shall be made by any court the effect of which would be to restrain any person from receiving anything which by virtue of this section he is precluded from assigning and to direct payment thereof to another person.

            (3) Nothing in this section shall prejudice any law providing for the payment of any sum to a bankrupt's trustee in bankruptcy for distribution among creditors.

[Ch2105s164]164.   Power of certain officers to make statutory declarations

            (1) An officer of the Defence Force not below field rank (hereinafter referred to as an "authorized officer") may, outside Botswana, take statutory declarations from persons subject to this Act.

            (2) A document purporting to have subscribed thereto the signature of an authorized officer in testimony of a statutory declaration being taken before him in pursuance of this section and containing in the jurat or attestation a statement of the date on which and the place at which the declaration was taken and of the full name and rank of that officer shall be admitted in evidence without proof of the signature being the signature of that officer or of the facts so stated.