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Prisons: Subsidiary Legislation - Prisons Regulations


Published: 2002-05-24

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            The Commissioner shall visit and inspect and cause to be visited and inspected all prisons when it is necessary to do so in the interests of good administration.

90.     Badges of rank

            Unless the Commissioner otherwise directs, a prison officer on duty shall wear the appropriate badges of rank prescribed in the Fourth Schedule.

91.     Attestation

            Every person shall, on enlistment in the Service, make a declaration in the form prescribed in the Fifth Schedule.

92.     Training

            A prison officer shall undergo such training at such places and at such times as the Commissioner may determine.

93.     Dismissal of prison officer from Service

            (1) The dismissal from the Service of a prison officer under section 17(a) of the Act on conviction of an offence shall not take effect until the conviction has been finally determined.

            (2) Where a prison officer is ordered to be dismissed from the Service under section 17(a) of the Act, the Permanent Secretary, in the case of a senior officer, or the Commissioner, in the case of a junior or subordinate officer, may thereupon interdict the prison officer from duty, whether he has or has not been earlier interdicted under section 52 of the Act, pending the execution of the order for his dismissal.

            (3) Section 52 of the Act shall apply, with all necessary modifications, to interdiction under this regulation:

            Provided that a prison officer who has been interdicted following the order for his dismissal from the Service under section 17(a) of the Act shall receive during the period of his interdiction under this regulation no salary or such proportion of his salary as the Commissioner may in each case determine.

94.     Presumption as to conviction

            For the purposes of the Act and of these Regulations, upon receipt of a certified true copy of criminal proceedings or of part of such proceedings before any court within or outside Botswana, the Permanent Secretary or the Commissioner, as the case may be, may presume without further proof that any prison officer named therein has been convicted by that court or any conviction of a prison officer named therein has been upheld by that court on appeal, as therein stated, unless the contrary is shown to his satisfaction.

FIRST SCHEDULE
RATE OF EARNINGS

(regulation 8)

     The following are the rate of earnings of prisoners in each grade:

GRADE A

75t per month

GRADE B

60t per month

GRADE C

45t per month

 

SECOND SCHEDULE
REPORT ON PRISONER BY A MEDICAL OFFICER

(regulation 14)

     I have examined ......................................................................................................... a
prisoner under sentence of death [i]* /charged with a capital offence [ii]* /in solitary confinement [iii]* . I report as follows:

.........................................................................................................................................
.........................................................................................................................................

 

..................................................................
Medical Officer

At ..........................................................

 

Date .......................................................

 

 

THIRD SCHEDULE

(regulation 34)

PART I
ORDINARY DIET

Maize or sorghum products

675 g Daily

Salt

14 g Daily

Fresh vegetables or

165 g Daily

Dehydrated vegetables

28 g Daily

Fat

56 g Daily

Sugar

100 g Daily

Tea

3 g Daily

Fresh meat

1,125 kg Weekly

Dried Beans (if available)

110 g Weekly

Milk

220 ml Daily

Bread

25 g Daily

Brown bread

100 g Daily

NOTES:

     (a)      The diet shall be divided between the morning, midday and evening meals;

     (b)      meat should be issued, where possible on five days in the week at the rate of 225 g and includes the weight of bone not exceeding 25 per cent;

     (c)      a special diet may be prescribed by a medical officer;

     (d)      additional rations may be purchased for issue on Christmas Day at such rates approved by the Minister.

 

PART II
SPARE DIET

Maize meal 675 g daily.

Unlimited water.

 

FOURTH SCHEDULE
BADGES OF RANK

(regulation 90)

Rank

Badge

Commissioner of Prisons and Rehabilitation

     (a)      crest over crest surrounded by laurel wreath;

 

     (b)      collar gorgettes with silver oak leaf spray;

 

     (c)      double silver oak leaf spray on peak of cap;

Deputy Commissioner of Prisons and Rehabilitation

     (a)      two stars over crest surrounded by laurel leaves;

 

     (b)      collar gorgettes with two interwoven silver sprays;

 

     (c)      single 20mm silver oak leaf spray on peak of cap;

Senior Assistant Commissioner of Prisons and Rehabilitation

     (a)      one star over crest surrounded by laurel wreath;

 

     (b)      collar gorgettes with straight silver spray;

 

     (c)      single 20mm silver oak leaf spray on peak of cap;

Assistant Commissioner of Prisons and Rehabilitation

     (a)      crest surrounded by laurel wreath;

 

     (b)      collar gorgettes with straight silver spray;

 

     (c)      single 15mm silver oak leaf spray on peak of cap;

Senior Superintendent of Prisons and Rehabilitation

     (a)      crest over star;

 

     (b)      single 15mm silver band on peak of cap;

Superintendent of Prisons and Rehabilitation

     (a)      crest;

 

     (b)      single 15mm band on peak of cap;

Assistant Superintendent of Prisons and Rehabilitation

     (a)      three stars;

Cadet Assistant Superintendent of Prisons and Rehabilitation

     (a)      three stars upon commissioning;

Principal Officer

     (a)      two bars;

Assistant Principal Officer

     (a)      one bar;

Cadet Assistant Principal Officer

     (a)      one bar upon commissioning;

Staff Sergeant (Specialist)

     (a)      prisons badge mounted on top of three chevrons;

Sergeant

     (a)      three chevrons;

Warder/Wardress

     (a)      basic rank.

 

FIFTH SCHEDULE
DECLARATION ON ENLISTMENT

(regulation 91)

I, ................................................................. do swear that I will well and truly serve the Republic and President of Botswana as a member of the Botswana Prison Service and that I will truly and faithfully obey all lawful commands given to me by the President and all the officers placed over me and subject myself to all laws, regulations and standing orders relating to the Prison Service as amended from time to time, during my service.

Place ....................................................

Signed .......................................................

Date .....................................................

Witness ......................................................

 

SIXTH SCHEDULE
UNIFORM

WINTER:

khakhi barathea suit with long sleeves

SUMMER:

khakhi barathea suit with short sleeves

SHIRTS:

khakhi terrylene

JERSEYS:

khakhi

SHOES/BOOTS:

red

CAPS:

khakhi barathea

TIES:

green

LEATHER BELTS:

red

BELTS WEBBING:

green

BERETS:

khakhi barathea

OVERALLS:

khakhi shirt/green trousers

CEREMONIAL SUIT:

green with cream - white jacket flaps.

 

PRISONS (DECLARATION OF PRISON) ORDER (2002)

(under section 3)

(24th May, 2002)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

 

                1.         Citation

                2.         Declaration of Francistown Centre for Illegal Immigrants as a prison

 

S.I. 32, 2002.

1.       Citation

            This Order may be cited as the Prisons (Declaration of Prison) Order.

2.       Declaration of Francistown Centre for Illegal Immigrants as a prison

            The Francistown Centre for Illegal Immigrants, comprising the buildings and grounds within the fenced boundary covering 282.0805 (two eight two point zero eight zero five) hectares at Gerald Estate adjacent to the Gerald Estate cemetary lying west of the main road leading to Tati Village in Francistown, is hereby declared to be a prison known as "Francistown Centre for Illegal Immigrants".

 

PRISONS (DECLARATION OF PRISON) ORDER (2004)

(under section 3)

(21st May, 2004)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

 

                1.         Citation

                2.         Declaration of Moshupa Boys Prison

 

S.I. 41, 2004.

1.       Citation

            This Order may be cited as the Prisons (Declaration of Prison) Order.

2.       Declaration of Moshupa Boys Prison

            The buildings and grounds within the fenced boundary covering forty (40) hectares at Moshupa Village Dibotong Ward, adjacent to the Botswana Agricultural Marketing Board office and lying north of the main road leading to Letlhakane Village, are hereby declared to be a prison known as "Moshupa Boys Prison".

PRISONS (CENTRES FOR ILLEGAL IMMIGRANTS) REGULATIONS

(under section 147)

(15th October, 2004)

ARRANGEMENT OF REGULATIONS

REGULATION

 

                1.         Citation

                2.         Interpretation

                3.         Declaration of a Centre for Illegal Immigrants

                4.         Officials at a Centre

                5.         Admission of immigrants at a Centre

                6.         Duties of officer in charge of holding section

                7.         Medical officer

                8.         Powers of medical officer

                9.         Medical examination of illegal immigrants

               10.         Removal of sick illegal immigrants to hospital

               11.         Searching of immigrants

               12.         Immigrant's property

               13.         Segregation of male and female illegal immigrants

               14.         Visits to immigrants at Centres for Illegal Immigrants

               15.         Duties of immigrants

               16.         Transfer of immigrants to prisons

               17.         Death of illegal immigrant

               18.         Inquest on deceased illegal immigrants

               19.         Requests and complaints by immigrants

               20.         General penalty

 

S.I. 90, 2004

1.       Citation

            These Regulations may be cited as the Prisons (Centres for Illegal Immigrants) Regulations.

2.       Interpretation

            In these Regulations, unless the context otherwise requires-

            "Commissioner" means the Commissioner of Prisons and Rehabilitation appointed by the Minister in accordance with section 9 of the Prisons Act;

            "Centre" means a Centre for Illegal Immigrants declared in accordance with regulation 3;

            "deporting officer" means an immigration officer working at a Centre;

            "holding officer" means a prison officer working at a Centre;

            "immigrant" means any person in Botswana other than a citizen of Botswana;

            "medical officer" means a person appointed to be the medical officer responsible for a Centre in accordance with regulation 7; and

            "prohibited article" means any article which is not issued to an illegal immigrant by authority of the officer in charge of the holding section, with the approval of the Commissioner.

3.       Declaration of a Centre for Illegal Immigrants

            The Minister may, by notice published in the Gazette, declare any building, enclosure or place, or any part thereof, to be a Centre for Illegal Immigrants.

4.       Officials at a Centre

            (1) The officials at a Centre shall comprise of deporting officers and holding officers, each category being headed by an officer in charge.

            (2) The officer in charge of the deporting section at a Centre shall be an officer of the Department of Immigration, designated as such by the Chief Immigration Officer.

            (3) The officer in charge of the holding section at a Centre shall be an officer of the Prison Service, designated as such by the Commissioner.

            (4) The officer in charge of the holding section at a Centre shall be responsible to the Commissioner for securing the general efficiency of the Centre to which he has been assigned.

            (5) The officer in charge of the deporting section at a Centre shall be responsible for the office equipment and machinery used by the deporting officers at the Centre.

            (6) The conditions of service of the officials working at a Centre shall be governed by the Act under which they are employed.

5.       Admission of immigrants at a Centre

            (1) An illegal immigrant who has not been charged with a criminal offence may be admitted to a Centre.

            (2) An illegal immigrant shall not be admitted to a Centre without a warrant or order for his or her detention.

            (3) A warrant or order under subregulation (2) shall be signed by an immigration officer or prison officer who has been authorised to so sign by the Chief Immigration Officer or the Commissioner.

            (4) An official at a Centre may admit an illegal immigrant, where a warrant or order for detention under subregulation (2) is incomplete.

            (5) A warrant or order for detention shall be deemed to be incomplete where-

     (a)     it has not been signed in accordance with subregulation (3);

     (b)     it does not bear the official stamp of the office of an immigration officer or prison officer who has signed such warrant or order for detention; or

     (c)     it does not specify the period for which an immigrant to be admitted to a Centre, is to be held.

6.       Duties of officer in charge of holding section

            (1) The officer in charge of the holding section at a Centre shall be responsible for the custody, care and welfare of the illegal immigrants at the Centre.

            (2) Upon the admission of an illegal immigrant to a Centre, the officer in charge of the holding section shall record, or cause to be recorded-

     (a)     the name of the illegal immigrant;

     (b)     the country of origin of the illegal immigrant;

     (c)     any property brought to the Centre which belongs to the illegal immigrant; and

     (d)     such other information as may be required by the Commissioner.

7.       Medical officer

            (1) The Permanent Secretary to the Minister for the time being responsible for health shall, in respect of every Centre, appoint a person from among medical practitioners (including Government medical officers) to be the medical officer responsible for that Centre.

            (2) The medical officer shall be responsile for the health of all illegal immigrants at the Centre for which he or she is responsible, and shall cause all illegal immigrants at that Centre to be medically examined at such times as he or she considers necessary.

            (3)The medical officer shall report, to the officer in charge of the holding section at a Centre and to the Commissioner, any circumstances connected with the Centre or the treatment of illegal immigrants which at any time appear to him or her to require consideration on health or medical grounds.

            (4) The officer in charge of the holding section at a Centre shall, where advised by the medical officer, report the illness or treatment of an illegal immigrant to-

     (a)     the Commissioner;

     (b)     the officer in charge of the deporting section;

     (c)     the Embassy, Consulate or High Commission representing the illegal immigrants country of origin; and

     (d)     the local office of the United Nations High Commission for Refugees.

8.       Powers of medical officer

            (1) A medical officer may, whether or not an illegal immigrant consents thereto, take or cause to be taken or direct to be taken such action (including the forcible feeding, inoculation, vaccination and any other treatment of the illegal immigrant) as he or she considers necessary to safeguard or restore the health of the illegal immigrant or to prevent the spread of disease.

            (2) All actions of a medical officer in exercise of the powers conferred by this section and all actions of an official at a Centre or other person acting under and in accordance with the directions or instructions of a medical officer given under this regulation shall be deemed to be lawful.

9.       Medical examination of illegal immigrants

            A medical officer or an officer in charge of the holding section at a Centre may order any illegal immigrant at the Centre to submit himself or herself to medical examination when and as often as the medical officer or officer in charge of the holding section considers it necessary.

10.     Removal of sick illegal immigrants to hospital

            (1) In the case of illness of an illegal immigrant, the officer in charge of the holding section, on the advice of the medical officer, may order the removal of the illegal immigrant to a hospital.

            (2) Notwithstanding the provisions of subregulation (1), the officer in charge of the holding section may order the illegal immigrants removal to a hospital at his or her own discretion, in the case of an emergency or in the absence of the medical officer.

            (3) Any illegal immigrant removed to a hospital under this regulation shall be deemed to be under detention in the Centre from which he or she was so removed.

11.     Searching of immigrants

            (1) A holding officer shall search an illegal immigrant on the illegal immigrants first and every subsequent reception into a Centre.

            (2) Any property found in an illegal immigrants possession during a search under subregulation (1) shall be dealt with in accordance with regulation 12.

            (3) Holding officers shall conduct routine searches, at regular and irregular intervals, of Centres for Illegal Immigrants and their precincts and of illegal immigrants, to discover and seize prohibited articles as the Commissioner may direct, and such other searches of a Centre and its precincts and of illegal immigrants as the officer in charge of the holding section may direct.

            (4) An illegal immigrant shall not be stripped of his or her clothing in the presence of another illegal immigrant, or be searched whilst unclothed in the presence of another illegal immigrant.

            (5) Any search of an illegal immigrant shall be carried out by a holding officer of the same sex, and no person of the opposite sex shall be present during the search.

            (6) Where a holding officer of the same sex is not available when a search of an illegal immigrant is to be conducted, the search shall be postponed until it may be carried out by an officer of the same sex, who may be a temporary officer recruited for that purpose alone.

            (7) Any prohibited article found in the possession of an illegal immigrant at any time shall be confiscated and disposed of in such manner as the Commissioner shall direct:

            Provided that where the prohibited article is a dangerous or habit-forming drug, it shall be destroyed if it is not required or as soon as it is no longer required as evidence in any proceedings.

            (8) An illegal immigrant who resists a search shall be subjected to a forced search.

            (9) Any search of an illegal immigrant shall be carried out with due regard to the decency and dignity of the illegal immigrant.

12.     Immigrant's property

            (1) The officer in charge of the holding section at a Centre shall place in safe custody, all money, clothing and other property brought into the Centre by any illegal immigrant, or sent to an illegal immigrant for use by the illegal immigrant, which he or she is not permitted to retain, and an inventory shall be made of the same.

            (2) The money, clothing and other property placed in safe custody under subregulation (1) shall be returned to an illegal immigrant when he or she is released from a Centre, unless otherwise lawfully disposed of.

            (3) All clothing to be placed in safe custody under subregulation (1) shall, where appropriate, be washed and carefully folded before being stored.

            (4) Where any clothing of an illegal immigrant is so old, worn out, dirty or tattered as to be, in the opinion of the officer in charge of the holding section, unsuitable for further use, the officer in charge may order the same to be destroyed.

            (5) Where the clothing of an illegal immigrant is destroyed under subregulation (4), on the release of the illegal immigrant from a Centre, the officer in charge of the holding section shall, at the public expense, provide the illegal immigrant with such suitable clothing as he or she considers to be adequate to meet the illegal immigrants immediate need for clothing.

13.     Segregation of male and female illegal immigrants

            (1) Male and female illegal immigrants shall be kept in separate parts of a Centre in such manner as to prevent, as far as it is reasonably practicable to do so, their seeing or conversing or holding any communication with each other.

            (2) The part of a Centre allocated to female illegal immigrants shall be secured by locks different from those used to secure the part allocated to male illegal immigrants.

            (3) There shall be a female holding officer who shall be responsible, subject to the supervision and control of the officer in charge of the holding section, for the care, superintendence and welfare of all female illegal immigrants at a Centre.

14.     Visits to immigrants at Centres for Illegal Immigrants

            (1) A Centre may be visited by-

     (a)     the Minister;

     (b)     the Permanent Secretary; or

     (c)     any person authorised by the Commissioner.

            (2) An illegal immigrant may be visited by any official from the Embassy, Consulate or High Commission representing his or her country of origin, or by a member of any organisation authorised by the Commissioner.

            (3) Illegal immigrants may be visited by relatives and friends between the hours of 8.00 a.m. and 4.00 p.m. each day.

            (4) Ministers of religion may, at such hours and in such places as the officer in charge of the holding section may permit-

     (a)     be admitted to a Centre to visit illegal immigrants who may be desirous of their services; and

     (b)     be permitted to hold religious services within the Centre.

            (5) A visitor to a Centre shall enter, in a register kept by the officer in charge of the holding section-

     (a)     his or her name, address and telephone number; and

     (b)     the name of the illegal immigrant he or she seeks to visit.

15.     Duties of immigrants

            (1) An illegal immigrant at a Centre shall-

     (a)     clean his or her dormitory;

     (b)     wash any bedding items given to the illegal immigrant on admission to the Centre, every two weeks, as well as on the day before he or she is to be deported;

            (c) be responsible for the care of any item issued to him or her by an official at a Centre; and

     (d)     follow any procedures or rules laid down by the officer in charge of the holding section.

            (2) An illegal immigrant may be required to grow and nurture vegetables within the Centre.

16.     Transfer of immigrants to prisons

            (1) An illegal immigrant who does not comply with any of the requirements under regulation 15 or who is considered to pose a threat to any official or illegal immigrant at a Centre may, with the consent of the Commissioner, be transferred to a prison for detention pending deportation.

            (2) The officer in charge of the holding section at a Centre shall inform the officer in charge of the deporting section of any transfer under subregulation (1).

            (3) The officer in charge of the deporting section at a Centre shall be responsible for the deportation of illegal immigrants and, on the admission of such immigrants to the Centre, shall inform them of their appointed or likely dates of deportation.

            (4) Where it is not possible to deport an illegal immigrant on an appointed date, the officer in charge of the deporting section shall inform the officer in charge of the holding section and the illegal immigrant of-

     (a)     the impossibility of deportation on that date; and

     (b)     the new likely date of deportation, where possible.

17.     Death of illegal immigrant

            (1) Upon the death of an illegal immigrant, the officer in charge of the holding section shall notify-

     (a)     the District Commissioner of the district in which the illegal immigrant died;

     (b)     the medical officer responsible for the Centre;

     (c)     the next-of-kin of the deceased; and

     (d)     the Commissioner, who shall notify-

           (i)       the Minister;

          (ii)       the Chief Immigration Officer;

          (iii)       the Commissioner of Police;

         (iv)       the Embassy, Consulate or High Commission representing the illegal immigrants country of origin; and

          (v)       the local office of the United Nations High Commission for Refugees.

            (2) The medical officer shall, on the death of an illegal immigrant, record in a register to be kept for that purpose the following particulars so far as they can be ascertained-

     (a)     the date on which the deceased was admitted to the Centre;

     (b)     the date on which the deceased was last seen before his or her death by the medical officer;

     (c)     the date on which the deceased died; and

     (d)     the medical officers opinion as to the cause of death.

            (3) Upon the death of an illegal immigrant otherwise than from what appears to be natural causes, the medical officer shall hold or cause to be held a post-mortem examination and thereafter, shall record in the register prescribed under subregulation (2), in addition to the matters required by that subregulation-

     (a)     an account of the deceased illegal immigrants appearance after death; and

     (b)     any remarks which may appear to the medical officer to be required.

            (4) Upon the death of an illegal immigrant, the officer in charge of the holding section shall inform the next-of-kin of the deceased that he or she may make his or her own arrangements for the funeral.

            (5) Where the next-of-kin of a deceased illegal immigrant chooses to make his or her own arrangements for the funeral, the funeral shall not be at the public expense.

            (6) Where the next-of-kin of a deceased illegal immigrant declines to make his or her own arrangements for the funeral, the deceased shall be decently buried at the public expense in the vicinity of the Centre.

18.     Inquest on deceased illegal immigrants

            (1) Upon the death of an illegal immigrant while at a Centre for Illegal Immigrants, the officer in charge of the holding section shall take every reasonable step to facilitate the holding of any inquest into the death required by law as soon as practicable.

            (2) At the conclusion of any inquest held into the death of an illegal immigrant, the officer in charge of the holding section shall forthwith take steps to obtain a copy of the record of the presiding officer recording his or her opinion as to the cause of death and any other matters relevant thereto and, on receipt of the copy-

     (a)     shall forthwith transmit it to the Commissioner; and

     (b)     may forthwith transmit it to the next-of-kin of the deceased illegal immigrant.

19.     Requests and complaints by immigrants

            (1) An illegal immigrant at a Centre may make a request or complaint to any person, including the Minister or President.

            (2) A written request or complaint by an illegal immigrant shall be given to the officer in charge of the holding section, who shall promptly transmit such request or complaint to the addressee.

            (3) The officer in charge under subregulation (2) shall notify the Commissioner of the nature of all requests and complaints made by illegal immigrants at a Centre.

            (4) The officer in charge of the holding section at a Centre shall inform the officer in charge of the deporting section where a request or complaint, directly or indirectly, deals with an immigrants deportation.

20.     General penalty

            Any person who contravenes these Regulations shall be guilty of an offence and on conviction, liable to a fine not exceeding P500.

[i] Strike out whichever is inapplicable.

[ii] Strike out whichever is inapplicable.