CHAPTER 04:01
COURT OF APPEAL

ARRANGEMENT OF SECTIONS

   SECTIONS

   1.   Short title

   2.   Interpretation

   3.   Seal of the Court of Appeal

   4.   Composition of the Court of Appeal

   4A.   Validation of previous appointments

   4B.   Validation of judicial pronouncements and judicial acts

   4C.   Validation of proceedings

   5.   Rank and precedence

   6.   Process and execution

   7.   Powers of Court of Appeal

   8.   Judges not to sit on appeals from their own decisions

   9.   Quorum of the Court of Appeal

   10.   Appeals as of right

   11.   Appeals by leave

   12.   Appeals by prosecution in criminal cases

   13.   Powers of Court of Appeal in criminal cases

   14.   Bail and stay of execution pending appeal

   15.   Reservation of question of law for Court of Appeal

   16.   Rules of Court of Appeal

 

Act 44, 1972,
S.I. 35, 1973,
S.I. 36, 1975,
Act 12, 1976,
Act 39, 1980,
Act 14, 2005,
Act 3 of 2017.

An Act to prescribe the jurisdiction and powers of the Court of Appeal, and for matters incidental thereto or connected therewith.

[Date of Commencement: 1st May, 1973]

 

1.   Short title

   This Act may be cited as the Court of Appeal Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "Court of Appeal" shall, where permissible under this Act, include a single member of that Court;

   "judgment" includes decree, order, conviction, sentence or decision;

   "President" means the President of the Court of Appeal.

 

3.   Seal of the Court of Appeal

   (1) The Court of Appeal shall have, and use as occasion may require, a seal having the device and impression of the Arms of Botswana surrounded by the inscription "The Court of Appeal of Botswana".

   (2) The seal shall be kept in the custody of the Registrar of the Court of Appeal.

 

4.   Composition of the Court of Appeal

   (1) The Court of Appeal shall, in addition to the judges provided for in the Constitution, consist of such number of Justices of Appeal not exceeding 12.

   (2) The provisions of subsection (1) shall be deemed to have come into effect on 19th December, 1980.

 

4A   Validation of previous appointments

   (1) The appointments of Justices of Appeal by the President before the coming into effect of this Act shall be deemed to have been validly made notwithstanding that at the time of such appointments the number of Justices of Appeal had not been prescribed by Parliament.

   (2) The appointment by the President of any other Justice of Appeal on a fixed term contract before the coming into effect of this Act, shall be deemed to have been validly made notwithstanding that such Justice of Appeal had been appointed on more than one fixed term contract.

 

4B   Validation of judicial pronouncements and judicial acts

   Judicial pronouncments and judicial acts made by the Court of Appeal before the coming into effect of this Act shall not be invalidated by reason that the Court of Appeal consisted of-

   (a)   Justices of Appeal appointed before the number of Justices of Appeal was prescribed by Parliament; or

   (b)   a Justice of Appeal appointed on more than one fixed term contract.

 

4C   Validation of proceedings

   Proceedings of the Court of Appeal that commenced before the coming into effect of this Act shall not be invalidated by reason that the proceedings were commenced-

   (a)   before the number of Justices of Appeal was prescribed by Parliament; or

   (b)   when some Justices of Appeal had been appointed on more than one fixed term contract.

 

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