1.   Short title

   2.   President may appoint Justices of the Peace

   3.   Oath to be taken by a Justice

   4.   Powers of Justice

   5.   Power to administer oaths

   6.   Power to arrest person committing cognizable offence in his presence

   7.   Power to arrest person for whose arrest he could issue a warrant

   8.   Warrant to be issued and statement to be forwarded by the Justice when he does not himself take the person arrested before the magistrate

   9.   Taking cognizance of an offence on complaint or police report

   10.   Justice must be satisfied that there are sufficient grounds for proceeding

   11.   When special sanction or complaint required by law, Justice not to take cognizance of case without such sanction or complaint

   12.   Process and other fees to be paid to the magistrate trying the case

   13.   Examination of complainant by Justice

   14.   When process issued, examination, complaint or police report to be forwarded to the magistrate

   15.   When complaint dismissed, complaint, etc., to be forwarded to the High Court

   16.   Jurisdiction of magistrate before whom an accused person is brought by or on a process issued by a Justice

   17.   Power of High Court to order further inquiry

   18.   Right of person aggrieved to appeal against order dismissing complaint

   19.   Power of High Court to issue instructions and rules of Court

   20.   Justices to keep account of and pay to Accountant-General all fees, etc., received

   21.   Penalty for false oath

      Schedule - Form of Oaths of Allegiance

Proc. 29, 1952,
Cap. 49, 1959,
HMC Order 1, 1963,
L.N. 55, 1965,
L.N. 84, 1966,
Act 18, 2006.

An Act to amend and consolidate the law relating to Justices of the Peace.

[Date of Commencement: 29th August, 1952]

1.   Short title

   This Act may be cited as the Justices of the Peace Act.

2.   President may appoint Justices of the Peace

   It shall be lawful for the President to appoint, as occasion may require, any resident of Botswana to be a Justice of the Peace for Botswana or for any district thereof, who shall hold office during the President's pleasure, and whose appointment shall be notified in the Gazette.

3.   Oath to be taken by a Justice

   Every Justice of the Peace shall on appointment take and subscribe the oaths in the forms in the Schedule before the High Court or a court presided over by a Magistrate Grade I or over.

4.   Powers of Justice

   A Justice of the Peace shall, subject to the provisions of this Act, have and exercise within the limits for which he is appointed such powers, rights, duties and jurisdictions as are vested in a Justice of the Peace by this Act or by or in virtue of any written law for the time being in force in Botswana.

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