BOTSWANA DEFENCE FORCE: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Botswana Defence Force (Execution of Death Sentences) Regulations

Botswana Defence Force (Imprisonment and Detention) Regulations

Defence Force (Boards of Enquiry) Rules

Defence Force (Procedure) Rules

Defence Force (Regular Force) (Cadet Officers) Regulations

Defence Force (Regular Force) (Discharge) Regulations

Defence Force (Regular Force) (Officers) Regulations

Defence Force (Regular Force) (Other Ranks) Regulations

Defence Force (Summary Jurisdiction) Regulations

Prescription of Order of Precedence of Certain Officers of the Botswana Defence Force Order

DEFENCE FORCE (REGULAR FORCE) (OFFICERS) REGULATIONS

 

(section 15)

 

(15th April, 1977)

 

ARRANGEMENT OF REGULATIONS

 

PART I
Preliminary

 

   REGULATION

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Application of Regulations

 

 

 

PART II
Engagement, Period of Service and Termination thereof

 

   4.   Engagement of officers

 

   5.   Resignation

 

   6.   Compulsory resignation

 

   7.   Dismissal of officers

 

   8.   Reduction in rank of officers

 

   9.   Transfer to and from other employment in the service of a Commonwealth country

 

 

 

PART III
Promotion, Seniority, Pay and General Allowances

 

   10.   Appointment to commissioned rank and subsequent promotion in case of direct entries

 

   11.   Appointment to commissioned rank and subsequent promotion in the case of officers who have served in the ranks

 

   12.   Acting appointment

 

   13.   Acting rank

 

   14.   Local rank

 

   15.   Seniority

 

   16.   Pay

 

   17.   Acting allowance

 

   18.   Entertainment allowance

 

   19.   General allowances

 

   20.   Free furnished quarters

 

   21.   No pay or allowance in certain circumstances

 

   22.   Family allowances when serving outside Botswana

 

   23.   Course allowance outside Botswana

 

   24.   Disturbance allowance

 

   25.   Travelling and baggage allowance

 

   26.   Deductions from pay and allowances

 

 

 

PART IV
Leave and Benefits

 

   27.   Classification of leave

 

   28.   Power to grant leave

 

   29.   Pay and allowances during leave

 

   30.   Qualifying service

 

   31.   Grant of annual leave

 

   32.   Sick leave

 

   32A.   Maternity leave

 

   33.   Compassionate leave

 

   34.   Leave without pay

 

   35.   Embarkation and disembarkation leave

 

   36.   Travelling facilities on leave

 

   37.   Grant of free travel fares or equivalent on retirement

 

 

 

PART V
Medical Benefits

 

   38.   Medical examination

 

   39.   Medical and hospital treatment

 

   40.   Additional medical service

 

   41.   Dental treatment

 

   42.   Treatment by oculists, etc.

 

 

 

PART VI
Transfers and Travelling on Duty

 

   43.   Subsistence allowance

 

   44.   Subsistence allowance outside Botswana

 

   45.   Allowance for special duty

 

   46.   Expenses on transfer at own request

 

   47.   Expenses on transfer other than on own request

 

   48.   Travel by private motor vehicle

 

   49.   Advances of allowances, etc., payable under this Part

 

 

 

PART VII
Dress and Equipment

 

   50.   Clothing and equipment

 

 

 

PART VIII
Disablement Benefits

 

   51.   Award of pensions, and appeal

 

   52.   Review of awards

 

   53.   Administration of awards

 

   54.   Benefits on discharge for ill-health in certain circumstances

 

   55.   Pension in respect of ill-health occasioned by the discharge of duty

 

   56.   Free medical attention for Force pensioners

 

   57.   Medical examination or treatment of pensioners

 

   58.   Resumption of duty by disabled officer

 

   59.   Benefits to widow and children in respect of death in the course of duty

 

 

 

PART IX
General Provisions relating to Pensions, Gratuities and other Benefits

 

   60.   Calculation of pensions and gratuities

 

   61.   Pensionable service

 

   62.   Benefits on resignation or compulsory retirement for ill-health

 

   63.   Benefits on retirement or resignation

 

   64.   Benefits on discharge or dismissal on prescribed grounds

 

   65.   Benefits to dependants on death of an officer pensioner

 

   66.   Commutation of pensions

 

   67.   Benefits not to be pledged or ceded

 

   68.   Conviction of pensioner

 

   69.   Forfeiture of pension

 

   70.   Deductions from pension, gratuity or other benefits

 

   71.   Proof of age, etc.

 

 

 

PART X
Miscellaneous Provisions

 

   72.   Marriage

 

   73.   Occupation of official quarters

 

   74.   Engagement for profit in trade or business

 

   75.   Active participation in politics

 

   76.   Sale of effects of deserter

 

   77.   Funeral expenses

 

   78.   Messes and other institutions

 

 

 

      First Schedule - Benefits to Widow and Children

 

      Second Schedule - Form

 

      Third Schedule - Commutation Factor for Commutation of Pensions

 

      Fourth Schedule - Gratuity Enhancement

 

 

S.I. 71, 1977,
S.I. 30, 1978,
S.I. 70, 1978,
S.I. 132, 1978,
S.I. 55, 1980,
S.I. 143, 1980,
S.I. 16, 1983,
S.I. 29, 1985,
S.I. 134, 1987,
S.I. 40, 1993,
S.I. 102, 1994,
S.I. 76, 1996,
S.I. 30, 2000,
S.I. 74, 2002,
S.I. 69, 2004,
S.I. 52, 2006,
S.I. 62, 2007,
S.I. 75, 2010.

PART I
Preliminary
(regs 1-3)

 

1.   Citation

   These Regulations may be cited as the Defence Force (Regular Force) (Officers) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "chaplain" means an officer holding the rank or appointment of chaplain;

   "child", in relation to an officer, means an unmarried son or daughter under the age of 18 years of that officer by his wife;

   "commissioned service" means service as an officer in the Force;

   "dependant", in relation to a living or deceased officer or other person, means any person who, in the opinion of the Commander, is or was financially dependent on that officer or person;

   "the Force" means the Regular Force of the Defence Force;

   "gratuity" means a lump sum payment;

   "leave", in relation to an officer, means leave of absence from his duties;

   "legal officer" means an officer appointed as a legal officer to the Force;

   "medical officer" means an officer appointed as a medical officer to the Force;

   "medical practitioner" means a person registered as a medical practitioner in Botswana under any written law;

   "officer" means a person appointed an officer in the Force, but does not include any person who is-

 

   (a)   appointed to honorary commissioned rank; or

 

   (b)   the holder of an honorary appointment;

   "official quarters" means quarters provided by the Government;

   "other employment in the service of the Government or a Commonwealth country" means pensionable employment otherwise than as an officer of the Defence Force under the Government or under the Government of a Commonwealth country;

   "pension" means an annual pension payable during the lifetime of the recipient unless, in terms of these Regulations, it is payable for a shorter period;

   "pensionable emoluments", in relation to an officer, means the pay due to that officer under these Regulations;

   "pensionable service" means pensionable service in accordance with regulation 61;

   "resignation", in relation to an officer, means his resignation from the Force under regulations 5 and 6, and "resign" shall be construed accordingly;

   "retirement", in relation to an officer, means his retirement from the Force under regulation 4 and regulation 8, and "retire" shall be construed accordingly;

   "service" means service in the Defence Force, and "serve" shall be construed accordingly;

   "service property" means any property of the Defence Force or of any mess or other institution, organization or association whatsoever of members of the Defence Force;

   "unit", in relation to an officer, means the unit in which that officer is serving;

   "widow" includes widower.

 

3.   Application of Regulations

   (1) These Regulations shall not apply to-

 

   (a)   an officer who is attached or seconded to any other military force outside Botswana by virtue of section 7 of the Act, unless the terms and conditions of his attachment or secondment as fixed or approved by the President provide that these Regulations shall apply;

 

   (b)   an officer of any military force of any country other than Botswana who has been loaned for service with the Force by virtue of the provisions of an Agreement for that purpose entered into between the Government of Botswana and the Government of the other country concerned, unless the Agreement provides that these Regulations shall apply; or

 

   (c)   an officer serving with the Force by virtue of a contract of service entered into between that officer and the Government for service with the Force, unless the contract provides that these Regulations shall apply.

   (2) Notwithstanding anything in these Regulations, the President may order any or all of these Regulations to be waived in any specific case.

PART II
Engagement, Period of Service and Termination thereof
(regs 4-9)

 

4.   Engagement of officers

   (1) A person shall only be appointed to be an officer in the Force if he is over 18 years and not more than 30 years of age on the date he is appointed or accepted for enlistment as a cadet officer, whichever is applicable.

   (2) There shall be one class of engagement of officers in the Force which shall be in accordance with these Regulations.

   (3) Subject to these Regulations, an officer shall retire from the Force on attaining the age of 55 years:

   Provided that an officer may, at his own request, be permitted by the Commander, or at the request of the Commander, and with the officer's consent, continue in the Force until such age, not exceeding the age of 60 years, as the Commander considers necessary or desirable, bearing in mind the exigencies of the Force, the officer's efficiency and experience and the difficulty of replacing him within a reasonable time.

   (4) An officer who has attained the age of 45 years may, at the discretion of the President in the case of an officer of or above the rank of Lieutenant-Colonel, or of the Commander in the case of any other officer, be required to retire from the Force.

   (5) An officer shall be required to retire from the Force-

 

   (a)   if he is found by a medical board to be mentally or physically unfit for further service;

 

   (b)   on being given three months' notice in writing by the Commander, if-

 

      (i)   there is no establishment for him in his present rank; or

 

      (ii)   there is no reasonable future prospects of promotion for him in his present rank.

   (6) An officer shall have the right to retire at any time on or after completing 20 years pensionable service, or on or after attaining the age of 45 years, on giving three months' notice in writing to the Commander of his intention to do so, and on repaying to the Government any amount which he is liable to repay to the Government under these Regulations:

   Provided that-

 

   (i)   if such notice is given whilst the officer is on active service, or whilst he is under the orders of a superior officer to hold himself in readiness for such active service, his retirement shall not take effect until a period of one month has elapsed from the date on which such active service is completed or on which such orders are rescinded, as the case may be; and

 

   (ii)   the provisions of subregulations (5) and (6) of regulation 5 shall apply, mutatis mutandis, to an officer who has attended a course of instruction at Government expense in or outside Botswana, and such officer shall not be entitled to retire from the Force unless and until such provisions are complied with.

 

5.   Resignation

   (1) An officer who is not entitled or required to retire from his employment in the Force in terms of this Part may resign from his employment in the Force during his engagement if-

 

   (a)   he gives three months' notice in writing to the Commander of his intention to do so; and

 

   (b)   he pays to the Government any amount which he is liable to pay to the Government under these Regulations:

   Provided that, if such notice is given while the officer is on active service or while he is under the orders of a superior officer to hold himself in readiness for such service, his resignation shall not take effect until a period of one month has elapsed from the date on which such active service is completed or on which such orders are rescinded, as the case may be.

   (2) Notwithstanding subregulation (1)-

 

   (a)   an officer who has attended a course of training for officers lasting more than one year shall not, without the special permission of the Defence Council, be entitled to resign from the Force unless he has served for a period of not less than seven years in the Force since being appointed;

 

   (b)   an officer who has attended a course of training for officers lasting less than one year shall not, without the special permission of the Defence Council, be entitled to resign from the Force unless he has served for a period of not less than four years in the Force since being appointed.

   (3) An officer who resigns from the force during the first ten years of his period of engagement as an officer, shall be liable to repay to the Government such sum, calculated in accordance with the number of years served by the officer, as may be determined by the Defence Council.

   (4) Any period in respect of which no pay or allowances are paid to an officer by virtue of regulation 21 shall, for the purposes of subregulation (3), be deemed not to form part of that officer's period of engagement.

   (5) An officer who has attended a course of instruction outside or in Botswana at Government expenses for a period not exceeding one year shall, if he resigns within three years of the date of termination of such course, repay to the Government, in addition to any sums which he is liable to repay under subregulation (3), if his resignation takes effect-

 

   (a)   before the expiry of one year after the date of termination of such course, one year's salary calculated at the rate at which he was paid a salary during his training, the full cost of his training and the allowances, if any, received by him during his training;

 

   (b)   after one year but before the expiry of the two years from the date of termination of such course, two-thirds of one year's salary calculated at the rate at which he was paid salary during his training, two-thirds of the cost of his training and two-thirds of the allowances, if any, received by him during his training;

 

   (c)   after two years but before the expiry of three years from the date of termination of such course, one-third of one year's salary calculated at the rate at which he was paid a salary during his training, one-third of the cost of his training and one-third of the allowances, if any, received by him during his training.

   (6) An officer who has attended a course of instruction outside or in Botswana at Government expense for a period exceeding one year shall if he resigns within six years of the date of termination of such course repay to the Government in addition to any sums which he is liable to repay under subregulation (3), if his resignation takes effect-

 

   (a)   before the expiry of one year from the date of termination of such course, one year's salary calculated at the rate at which he was paid a salary during his training, the full cost of his training and the allowances, if any, received by him during his training;

 

   (b)   after the expiry of one year but before the expiry of two years from the date of termination of such course, five-sixths of one year's salary calculated at the rate at which he was paid a salary during his training, five-sixths of the cost of his training and five-sixths of the allowances, if any, received by him during his training;

 

   (c)   after the expiry of two years but before the expiry of three years from the date of termination of such course, four-sixths of one year's salary calculated at the rate at which he was paid a salary during his training, four-sixths of the cost of his training, and four-sixths of the allowances, if any, received by him during his training;

 

   (d)   after the expiry of three years but before the expiry of fours years from the date of termination of such course, three-sixths of one year's salary calculated at the rate at which he was paid a salary during his training, three-sixths of the cost of his training and three-sixths of the allowances, if any, received by him during his training;

 

   (e)   after the expiry of four years but before the expiry of five years from the date of termination of such course, two-sixths of one year's salary calculated at the rate at which he was paid a salary during his training, two-sixths of the cost of his training and two-sixths of the allowances, if any, received by him during his training;

 

   (f)   after the expiry of five years but before the expiry of six years from the date of termination of such course, one-sixth of one year's salary calculated at the rate at which he was paid a salary during his training, one-sixth of the cost of his training and one-sixth of the allowances, if any, received by him during his training.

 

6.   Compulsory resignation

   An officer may be required by the Commander to resign from the Force in any of the following circumstances-

 

   (a)   if he is found guilty of misconduct unbecoming of an officer;

 

   (b)   if he is sentenced by a civil court to a term of imprisonment, in which case his resignation shall be deemed to take effect from the date of his conviction by that court, or, in the event of his appealing against conviction or the sentence, or both, from the date of the dismissal of the appeal;

 

   (c)   if, after due enquiry being made, he is, in the opinion of the Commander, so inefficient as an officer as to be unfit to remain in the Force:

   Provided that an officer who is required to resign from the Force under this regulation shall have a right of appeal to the President under section 143 of the Act.

 

7.   Dismissal of officers

   (1) Subject to the provisions of this regulation, an officer may be dismissed from the Force at any time-

 

   (a)   by the President; or

 

   (b)   in the case where the Commander is the appointing authority, by the Commander,

if the President or the Commander, as the case may be, is satisfied that-

 

   (i)   the officer, by his conduct and actions, has shown that he is not fit to hold his commission; or

 

   (ii)   the conviction of the officer of an offence by a court-martial adversely reflected on the integrity or reputation of the officer, and the penalty imposed for the conviction did not include reduction in rank.

   (2) Where the President or the Commander, as the case may be, intends to dismiss an officer from the Force, he shall, in writing, inform the officer concerned of his intention to do so, giving the reasons therefor, and requiring the officer within 14 days of the receipt of the letter to give reasons why he should not be dismissed from the Force.

   (3) An officer dismissed from the Force may-

 

   (a)   in the case of dismissal by the President, petition the President for reconsideration of his decision; and

 

   (b)   in the case of dismissal by the Commander, appeal against his dismissal to the Defence Council.

 

8.   Reduction in rank of officers

   (1). Subject to the provisions of these Regulations, the President or the Commander, in the case where the Commander is the appointing authority, may order the reduction in rank of an officer if he is satisfied that-

 

   (a)   the officer has demonstrated characteristics which are indicative of inability to perform the duties and responsibilities commensurate with his rank and appointment; or

 

   (b)   the officer has conducted himself in manner unbecoming his rank and appointment.

   (2) Where the President or the Commander, as the case may be, intends to order the reduction in rank of an officer, he shall, in writing, inform the officer of his intention to make such an order and giving reasons therefor, and to require the officer within 14 days of the receipt of the letter to reply in explanation why such order should not be made against him.

   (3) An officer, in respect of whom an order for the reduction in rank has been made, may-

 

   (a)   in the case of an order made by the President, petition the President for reconsideration of his decision; and

 

   (b)   in the case of an order made by the Commander, appeal against the order to the Defence Council.

 

9.   Transfer to and from other employment in the service of a Commonwealth country

   (1) Subject to this regulation the President may, with the consent of the officer concerned, transfer such officer from his employment in the Force to other employment in the service of a Commonwealth country upon such terms and conditions as may be fixed by the President in each case.

   (2) Subject to this regulation, the President may consent to the transfer of a commissioned officer in the service of a Commonwealth country to serve as an officer in the Force upon such terms and conditions as may be fixed by the President in each case.

   (3) Where the other employment in the service of a Commonwealth country is pensionable employment under the Government of that country, the President shall not fix any terms or conditions in relation to that employment under this regulation, except with the prior consent of the Government of that country.

   (4) If any terms and conditions fixed in relation to an officer or person or his widow or children under this regulation are inconsistent with these Regulations, the terms and conditions so fixed shall prevail and, in relation to that officer or person or his widow or children, these Regulations shall, to the extent of the inconsistency, be void.

   (5) Where an officer was, before the commencement of these Regulations, transferred to the Force under the laws then in force, the terms and conditions fixed in relation to that officer or his widow or children under those laws shall, mutatis mutandis, continue to have effect insofar as they are still applicable.

PART III
Promotion, Seniority, Pay and General Allowances
(regs 10-26)

 

10.   Appointment to commissioned rank and subsequent promotion in case of direct entries

   (1) This regulation shall apply to officers who are enlisted directly into the Force as cadet officers.

   (2) An officer to whom this regulation applies shall, on first being appointed, be appointed to the rank of second-lieutenant.

   (3) Promotion to the rank of lieutenant shall be made two years after the date of enlistment as a cadet officer.

   (4) Promotion to the rank of captain may be made-

 

   (a)   after not less than two years' satisfactory service in the substantive rank of lieutenant;

 

   (b)   after the officer has passed the examination provided for promotion from lieutenant to captain;

 

   (c)   after the officer has received an up-to-date recommendation for promotion to captain; and

 

   (d)   provided there is a vacancy in the establishment for a captain.

   (5) Promotion to the rank of major may be made-

 

   (a)   after not less than three years' satisfactory service in the substantive rank of captain;

 

   (b)   after the officer has passed the examination provided for promotion from captain to major;

 

   (c)   after the officer has received an up-to-date recommendation for promotion to major; and

 

   (d)   provided there is a vacancy in the establishment for a major.

   (6) Promotion to any rank higher than that of major shall be by selection.

   (7) The Commander may, if he considers it in the interests of the Force to do so, vary the provisions of this regulation.

 

11.   Appointment to commissioned rank and subsequent promotion in the case of officers who have served in the ranks

   (1) This regulation shall apply to officers who have served in the ranks and are subsequently appointed.

   (2) For the purposes of this regulation "reckonable service" shall be service in the Force other than as an officer computed in accordance with the following-

 

   (a)   in the case of a warrant officer, the whole of any service spent on full pay as a warrant officer after a minimum period of two years in that rank, and half of any other period of service spent on full pay;

 

   (b)   in the case of any other rank (other than a warrant officer) half of any period of service spent on full pay;

 

   (c)   the whole of any period of service spent on full pay as a cadet officer.

   (3) A member of the Force appointed after less than two years' reckonable service shall be appointed to the rank of second-lieutenant, and a member of the Force appointed after two or more years' reckonable service shall be appointed to the rank of lieutenant.

   (4) Promotion from second-lieutenant to lieutenant shall be made when the total of the officer's reckonable service and commissioned service amounts to two years or more.

   (5) Promotion from lieutenant to captain may be made-

 

   (a)   after the total of the officer's reckonable service and commissioned service amounts to three or more years, of which one year shall have been service as a lieutenant;

 

   (b)   after passing the examination provided for promotion from lieutenant to captain, unless exempted therefrom under this regulation;

 

   (c)   after receiving an up-to-date recommendation for promotion to captain; and

 

   (d)   provided there is a vacancy in the establishment for a captain.

   (6) Promotion to the rank of major may be made-

 

   (a)   after the total of the officer's reckonable service and commissioned service amounts to three or more years, of which one year shall have been service as a captain;

 

   (b)   after passing the examination provided for promotion from captain to major, unless exempted therefrom under this regulation;

 

   (c)   after receiving an up-to-date recommendation for promotion to major; and

 

   (d)   provided there is a vacancy in the establishment for a major.

   (7) Promotion to any rank higher than that of major shall be by selection.

   (8) An officer otherwise eligible for promotion-

 

   (a)   from lieutenant to captain may be exempted by the Commander at his discretion from the necessity of taking or passing the examination provided for promotion from lieutenant to captain; or

 

   (b)   from captain to major and whose commissioned service amounts to less than four years may be exempted by the Commander at his discretion from the necessity of taking or passing the examination provided for promotion from captain to major.

   (9) The Commander may, if he considers it in the interests of the Force to do so, vary the provisions of this regulation.

 

12.   Acting appointment

   (1) The Commander may, in his discretion, appoint an officer temporarily to act in an appointment for which a higher rank is required, and during any such appointment the officer concerned shall be paid an acting allowance equal to the difference between his substantive salary and the minimum of the scale of that higher rank:

   Provided that no acting allowance shall be paid in terms of this subregulation to an officer whose acting appointment subsists for a period of less than 28 days.

   (3) Notwithstanding the provisions of the proviso to subregulation (1), if the acting appointment is for 28 or more continuous days, and after reverting to his substantive appointment the officer is again, within 14 days thereafter, appointed to act in the same appointment, he shall be entitled to the acting allowance during such further appointment whether or not it subsists for 28 days.

 

13.   Acting rank

   (1) Any officer may be appointed to act in the rank next higher than his substantive rank, if there is a vacancy in the establishment of officers of that higher rank.

   (2) An officer who does not otherwise qualify for promotion to the rank next higher than his substantive rank, may be appointed to act in that higher rank on probation pending confirmation of his substantive appointment to that rank.

   (3) The appointment to an acting rank shall, subject to the provisions of subregulation (5), subsist for not less than 12 months, or more than 18 months, after which the officer shall, if he has not by then been confirmed in the appointment, revert to his substantive rank.

   (4) Any period of time spent by an officer in an acting rank shall not affect the annual rate of pay applicable to his substantive rank, but he will be entitled to receive the acting allowance appropriate to the acting rank, as prescribed by these Regulations.

   (5) An officer appointed to an acting rank may, at the discretion of the appointing authority, be required to revert to his substantive rank-

 

   (a)   if he is found to be deficient in the performance of his duties;

 

   (b)   if he is charged with and convicted by a court martial or by a civil court for any offence under the Botswana Defence Force Act, or any offence under the laws of Botswana; or

 

   (c)   if, after due investigation, he is in the opinion of the appointing authority guilty of any act prejudicial to military discipline or which is likely to bring disrepute to the Defence Force.

   (6) For the purposes of disciplinary action an officer shall be dealt with in the manner appropriate to the rank in which he is acting.

   (7) For the purposes of this regulation "appointing officer" in relation to officers of or above the rank of Lieutenant-Colonel means the President of Botswana, and in relation to officers of the rank of Major and below means the Commander.

 

14.   Local rank

   (1) The appointing officer as defined in regulation 13 may appoint any officer to a local rank higher than his substantive or his acting rank.

   (2) An officer appointed to a local rank shall not be entitled to any increase in salary or any other financial benefit, and any such appointment will be made in the following circumstances and subject to the following conditions-

 

   (a)   when it is necessary to raise the status of an officer who by virtue of his appointment will be performing the duties of that local rank, and there is no vacancy in the establishment for officers of such rank;

 

   (b)   an officer appointed to a local rank shall relinquish such rank when he ceases to perform the duties of that rank, or may be required to relinquish it in the same circumstances and in the same manner as are referred to in regulation 13(5).

   (3) For disciplinary purposes, officers holding a local rank shall be dealt with in the manner appropriate to such rank.

 

15.   Seniority

   Officers of the same rank shall take seniority from the date of their appointment or promotion to that rank, or, in the case of officers appointed or promoted to that rank on the same date, from the date of their enlistment in the Force.

 

16.   Pay

   Subject to these Regulations all officers shall be paid at such annual rates of pay as may be determined in respect thereof by the Defence Council.

 

17.   Acting allowance

   An officer who is appointed to act in a rank which is higher than his substantative rank shall, during the subsistence of such acting rank, be paid an acting allowance equal to the difference, if any, between the salary for his substantive rank and the minimum salary for the rank in which he is acting.

 

18.   Entertainment allowance

   (1) The Commander and any Lieutenant-Colonel or other officer who performs the functions and duties of a commanding officer of a battalion shall, in respect of the period during which they perform such functions and duties, be allowed a refund of expenses arising from official entertainment which directly results from such functions and duties.

   (2) An officer who performs the functions and, as the case may be, duties of a detachment commander shall be entitled to a refund of expenses arising from entertainment which directly results from such functions and duties.

   (3) For the avoidance of doubt it is hereby declared that an officer who performs functions and duties which qualify him for the payment of more than one entertainment allowance under this regulation shall be paid every entertainment allowance for which he so qualifies, so, however, that the aggregate of such allowances paid to any one officer shall in no case exceed such rate as may be determined by the Defence Council.

 

19.   General allowances

   An officer may, in addition to his pay, be paid such allowances as may be determined by the Defence Council.

 

20.   Free furnished quarters

   (1) Where such quarters are available, every officer shall be provided free of charge with furnished quarters (hereinafter referred to as "free furnished quarters").

   (2) An officer living in free furnished quarters shall, on production of evidence of payment, be reimbursed with the costs of energy and water up to such maximum as may be determined by the Defence Council.

 

21.   No pay or allowance in certain circumstances

   Notwithstanding these Regulations, an officer shall not be paid any pay or allowances in respect of any period during which-

 

   (a)   he is undergoing a sentence of imprisonment imposed by a court-martial or by a civil court;

 

   (b)   he is being treated as an in-patient at a hospital for an illness or injury if-

 

      (i)   he has been convicted by a court-martial or a prescribed officer of an offence under the Act or by a civil court; and

 

      (ii)   a medical officer certifies that his illness or injury has been occasioned by or arises out of such offence; or

 

   (c)   he is absent in circumstances constituting the offence of deserting or absenting himself without leave.

 

22.   Family allowances when serving outside Botswana

   When serving on duty or when attending a course outside Botswana for a consecutive period longer than one month an officer who is married shall be entitled to receive a family allowance at such rates as may be determined by the Defence Council.

 

23.   Course allowance outside Botswana

   When attending a course of instruction outside Botswana an officer shall be entitled to such additional allowances as the Defence Council may allow.

 

24.   Disturbance allowance

   (1) An officer who is posted on transfer not at his own request shall be entitled, where he is a householder and is obliged to transfer his household effects, to such allowance as may be determined by the Defence Council to cover the reasonable expenses incurred thereby.

   (2) An officer who is posted on transfer at his own request shall be entitled, where he is a householder and is obliged to transfer his household effects, to half of the allowance determined under subregulation (1).

 

25.   Travelling and baggage allowance

   (1) An officer travelling on duty or for the purpose of attending a course of instruction outside Botswana shall be entitled to an air passage to and from Botswana of such class as may be determined by the Defence Council.

   (2) In addition to the accompanied baggage allowance to which his air ticket entitles him, namely, 20 kg, an officer shall be entitled to an allowance of a further 20 kg of baggage at air freight rates. If an officer should decide to forward all or any of his baggage by sea, he shall be entitled to an allowance equivalent to the value of transporting 20 kg of baggage at air freight rates.

 

26.   Deductions from pay and allowances

   (1) The Commander may authorize the deduction from the pay and allowances due to an officer in terms of these Regulations of-

 

   (a)   any liquidated amount which that officer is liable to pay to the Government or to any mess, institution, organization or association whatsoever of members of the Defence Force;

 

   (b)   any amount which that officer has previously been paid in pay and allowances in excess of the amount which is due to him under these Regulations.

   (2) If, after perusing the proceedings of any board of enquiry, the Commander is satisfied-

 

   (a)   that loss or destruction of or damage to Government property or service property has been occasioned by the deliberate or negligent act of an officer; and

 

   (b)   that such officer will not be charged before a court-martial, a prescribed officer or a civil court with an offence arising out of such loss, destruction or damage,

he may authorize the deduction from the pay and allowances due to such officer under these Regulations of such amount, not exceeding the value of the loss, destruction or damage, as in the circumstances he may deem equitable in view of the value of the loss, destruction or damage.

   (3) Any officer from whose pay and allowances a deduction has been made under subregulation (2) may, within the period of 14 days immediately following the date when the deduction was made, appeal in writing to the Defence Council against such deduction, and the Defence Council may confirm, modify or set aside the deduction.

PART IV
Leave and Benefits
(regs 27-37)

 

27.   Classification of leave

   For the purposes of this Part leave shall be divided into the following classes-

 

   (a)   annual leave;

 

   (b)   sick leave;

 

   (c)   maternity leave;

 

   (d)   compassionate leave;

 

   (e)   embarkation leave;

 

   (f)   disembarkation leave;

 

   (g)   leave without pay.

 

28.   Power to grant leave

   The Commander may, in accordance with this Part, grant an officer under his command leave of any class.

 

29.   Pay and allowances during leave

   (1) The Commander may authorize the payment in advance of the pay and allowances due to an officer in respect of a period of leave granted to him in accordance with the following provisions-

 

   (a)   if the officer has been granted a period of annual leave which immediately precedes the date on which his retirement or resignation takes effect, the pay and allowances due in respect of the whole of that period;

 

   (b)   if the officer has been granted a period of sick leave, or a period of annual leave which does not immediately precede the date on which his retirement or resignation takes effect, the pay and allowances due in respect of-

 

      (i)   a period of 30 days or the period of the leave, whichever is the less; and

 

      (ii)   the month in which his leave commences.

   (2) Where a period of leave with pay is granted to an officer under this Part the officer shall, in respect of such period, be paid the amount of his pensionable emoluments and of any other allowances for which he is eligible under these Regulations.

   (3) Where a period of leave with half-pay is granted to an officer under this Part the officer shall, in respect of such period, be paid half the amount of his pay and the full amount of any allowances for which he is eligible under these Regulations.

 

30.   Qualifying service

   (1) In this regulation "qualifying service" means-

 

   (a)   in the case of an officer who has previously taken annual leave under these Regulations, the period which has elapsed since the date on which he returned from his last annual leave;

 

   (b)   in the case of an officer who has not previously taken annual leave under these Regulations, the period which has elapsed since the date of commencement of these Regulations or the date on which he was appointed, whichever is the later,

less, in either case, the period of any sick leave occasioned by his own misconduct or compassionate leave taken during such period and any period after that date in respect of which, by virtue of these Regulations, no pay or allowances were paid to him.

   (2) Subject to this regulation, annual leave shall accrue to any officer at the following rates-

 

   (a)   for every period of qualifying service amounting to 365 days, 30 working days;

 

   (b)   for every period of qualifying service amounting to less than 365 working days, two and half working days per month.

   (3) Where a member of the Force is appointed on or after the commencement of these Regulations any annual leave which, immediately before the date of his appointment, had accrued, or was deemed to have accrued to him under the provisions of the law applicable to him, and had not been taken by him, shall be deemed to have accrued in terms of this regulation.

   (4) Where a member of the Force is appointed, any leave then accrued due to him as an other rank shall be deemed to have accrued to him under these Regulations up to a maximum leave period of 25 working days.

   (5) Time spent in travelling within Botswana to or from a place of leave shall not be counted against a period of leave due.

 

31.   Grant of annual leave

   (1) Any period of annual leave which has accumulated shall not accrue to a member under this regulation in excess of 120 working days.

   (2) No annual leave shall, unless the Defence Council otherwise directs, be granted to an officer who has been discharged or dismissed from the Force in terms of regulations 6 and 7.

   (3) Any period of annual leave which has accumulated shall not accrue to a member under this regulation in excess of 90 working days.

 

32.   Sick leave

   (1) An officer may at any time be granted sick leave for a period not exceeding 365 days on the following conditions-

 

   (a)   when the period exceeds 90 days, the officer shall furnish a medical certificate as to the state of his health to the Commander at the end of every month;

 

   (b)   the first 180 days of any period of sick leave shall be with full pay, and any subsequent period shall be with half-pay.

   (2) If an officer is absent from duty or is detained in hospital on the orders of a medical officer and, in the opinion of the Commander, such absence or detention is rendered necessary by the misconduct of the officer, the Commander may direct that the period of such absence or detention be taken as annual leave, or, if the officer is not eligible for the grant of any annual leave or is eligible for the grant of a period of annual leave which is insufficient for the purpose, that such period be deducted from any period of annual leave which may subsequently accrue to the officer.

 

32A.   Maternity leave

   (1) Subject to subregulation (2), an officer may be granted maternity leave with pay for a period not exceeding 84 days on the following conditions:

 

   (a)   maternity leave shall be granted for a maximum of three confinements during the officer's service;

 

   (b)   a minimum period of 42 days shall pass following delivery before an officer resumes duty;

 

   (c)   an officer must have been in continuous service for one year, which period excludes basic military training as an officer cadet, to qualify for maternity leave;

 

   (d)   there shall be service of a continuous period of at least two years between confinements;

 

   (e)   a stillbirth shall terminate the period of maternity leave;

 

   (f)   infant mortality within seven days of delivery shall be deemed to be a stillbirth.

   (2) Where an officer requests maternity leave:

 

   (a)   before a continuous period of one year is served; or

 

   (b)   before a continuous period of two years is served between confinements, the Commander shall grant it as leave under any other class of leave:

 

         Provided that if a part of a period of such other leave falls after the expiration of two years between the allowed confinements, such period shall qualify as maternity leave with full pay.

   (3) Where a stillbirth occurs when a part of maternity leave has already commenced, that period shall be taken as sick leave.

   (4) Where an officer falls ill before maternity leave commences, the normal rules under regulation 32 shall apply:

 

   Provided that sick leave shall cease and maternity leave commence 42 days before delivery.

   (5) An officer due to proceed on maternity leave shall not be permitted to go for training or any other course of instruction scheduled to end 42 days within the expected date of delivery.

   (6) An officer shall produce a medical certificate of fitness to resume duty after maternity leave, and where a miscarriage or stillbirth occurs, a medical certificate showing the period when the officer would be fit for duty.

   (7) An officer shall be granted at least one hour or two half hour intervals each working day for a period of one year for the purpose of nursing her child.

 

33.   Compassionate leave

   An officer wishing to absent himself from duty on compassionate grounds who-

 

   (a)   is not eligible for the grant of any period of annual leave; or

 

   (b)   is eligible for the grant of a period of annual leave which is insufficient for the purpose,

may be granted compassionate leave on full pay for such period as the Commander may determine.

 

34.   Leave without pay

   (1) Leave without pay may be granted to an officer who has no leave due to him, or insufficient leave to cover the period of leave requested, for study purposes, or for any other purpose which the Commander may, at his discretion, approve.

   (2) No leave shall be earned during such unpaid leave, and it shall not count as qualifying service for purposes of calculating pensions or gratuities.

   (3) Notwithstanding the provisions of subregulation (1), the Commander may grant study leave with full pay or part thereof, depending on the circumstances and at his discretion, in any case where he determines that the course or courses of study undertaken may be of value to the Force.

 

35.   Embarkation and disembarkation leave

   (1) An officer may be granted 10 working days' embarkation leave with pay immediately prior to proceeding on active service or other duty outside Botswana, provided in the case of such other duty he is due to be out of Botswana for a minimum period of six months.

   (2) An officer may be granted 10 working days' disembarkation leave with pay immediately after his return from active service or other duty outside Botswana, provided that in the case of such other duty he has been out of Botswana for a minimum period of six months.

 

36.   Travelling facilities on leave

   (1) In respect of any leave accruing to an officer in accordance with regulation 30, he shall, once in every two years from the date of his appointment, be granted free travelling facilities to his leave destination, as the Defence Council may determine, for himself, his wife and any dependants:

   Provided that if his leave destination is outside Botswana, such facilities shall only be granted to and from the point on the borders of Botswana nearest to his leave destination.

   (2) Any officer who has been granted-

 

   (a)   embarkation leave;

 

   (b)   disembarkation leave; or

 

   (c)   compassionate leave,

may be granted free travelling facilities to and from his leave destination on one occasion per year, or the equivalent in money, at the discretion of the Commander:

   Provided that if his leave destination is outside Botswana, such facilities shall only be granted to and from the point on the borders of Botswana nearest to his leave destination.

 

37.   Grant of free travel fares or equivalent on retirement

   (1) Subject to this regulation, an officer who proceeds on annual leave pending retirement on pension shall be granted in respect of himself and each of his dependants the benefits specified in subregulation (2) for a journey within the borders of Botswana.

   (2) The benefits referred to in subregulation (1) shall be an amount equal to the cost of a single first-class rail or road fare from his last place of duty to his destination.

   (3) The wife of a deceased officer and his children dependent upon her may be granted the benefits conferred by this regulation if such officer-

 

   (a)   died before retirement on pension; or

 

   (b)   having retired on pension, died within 12 months of so retiring without having availed himself of the benefits to which he was entitled under this regulation.

   (4) A person who receives the benefits conferred by regulation 36, when proceeding on annual leave pending retirement, shall not be entitled to the benefits conferred by this regulation.

   (5) Nothing in this regulation shall entitle a person or his dependants to be granted the benefits conferred by this regulation on more than one occasion.

   (6) No claim for the benefit conferred by this regulation shall be granted unless it is supported by a certificate that it will be used for the journey in respect of which the claim was made, and, in the case of a claim made in respect of a person's dependants, particulars are given.

   (7) For the purposes of this regulation "dependant", in relation to an officer referred to in subregulation (1), means-

 

   (a)   the wife of that officer;

 

   (b)   any child of that officer who was, at the date on which he retired, under the age of 18 years and wholly dependent on him,

who precedes him, accompanies him or follows him on any journey in respect of which a benefit may be granted under this regulation.

   (8) An officer who is discharged from the Force due to ill-health, arising from his physical or mental condition, shall be granted free travelling facilities to his place of residence in Botswana, or if he resides outsides Botswana, to the place on the borders of Botswana nearest to his place of residence.

PART V
Medical Benefits
(regs 38-42)

 

38.   Medical examination

   The Commander may at any time order an officer to present himself for and to submit to a medical examination at the expense of the Government by-

 

   (a)   a medical officer;

 

   (b)   a medical practitioner; or

 

   (c)   a medical board.

 

39.   Medical and hospital treatment

   (1) An officer shall, while stationed or on leave within Botswana and while outside Botswana on active service or other duty, be entitled to receive the following benefits free of charge in respect of himself and his dependants-

 

   (a)   attendance and treatment by a medical officer;

 

   (b)   such medical treatment by persons other than medical officers as is, before the commencement of such treatment, authorized by a medical officer.

   (2) If, while an officer is stationed or on leave within Botswana or is outside Botswana on active service or other duty, a medical officer authorizes the admission to a Government hospital of such officer or of any of his dependants, such officer shall not be required to pay any of the hospital fees which would normally be incurred during the period the officer or any such dependant is kept at the hospital, and shall be entitled, in addition, to have the patient transported to the hospital free of charge.

   (3) If the Commander is satisfied that no medical officer was available to authorize-

 

   (a)   the medical treament of an officer or his dependant referred to in subregulation (1)(b); or

 

   (b)   the admission to a Government hospital of an officer or his dependant referred to in subregulation (2),

and that such treatment or admission was necessary in the circumstances, he may authorize such treatment or admission and thereupon the officer shall be entitled to the benefits conferred by subregulation (1) or (2) as if the treatment or admission had been authorized by a medical officer.

   (4) If an officer on leave outside Botswana requires medical or hospital treatment for himself or a dependant, and where satisfactory free medical treatment is not available in local government hospitals, the Commander may authorize him or his dependant to be provided, free of charge to him, with such medical or hospital treatment (including transport to a hospital) as the Commander considers necessary in the circumstances.

   (5) If, while an officer is stationed or on leave within Botswana or is outside Botswana on active service or other duty, it is necessary for him or any of his dependants to be admitted to a hospital and no Government hospital is available for the purpose, the Commander shall authorize the admission of such officer or dependant to such other hospital or institution as may be named by him, and thereupon the officer shall be entitled to have the amount of any hospital fees and the cost of transporting the patient to the hospital or other institution paid by the Government.

   (6) If, while an officer is stationed or on leave within Botswana or is outside Botswana on active service or other duty, it is necessary for any dependant of such officer to receive medical treatment which a medical officer certifies is not available at the place where such officer is stationed, the officer shall be granted a refund of the transport expenses incurred by him in respect of his dependant, not exceeding the amount of a first-class return rail fare from the appropriate point of departure by rail nearest to the place where the officer is stationed to the railway station nearest to the place where the medical treatment is available, and-

 

   (a)   if a medical officer certifies that the dependant is unfit to travel alone to the place where the medical treatment is available and such dependant is accompanied by the officer or by an escort, the officer or the escort, as the case may be, shall be-

 

      (i)   granted a refund of the transport expenses incurred by him, not exceeding the amount of a first-class return rail fare from the appropriate point of departure by rail nearest to the place where the officer is stationed to the railway station nearest to the place where the medical treatment is available;

 

      (ii)   paid a subsistence allowance at the rates authorized under regulation 43; or

 

   (b)   if the Commander certifies in the case of a dependant who is a child that it is necessary on medical grounds for the officer and his wife to accompany such dependant to the place where the medical treatment is available, the officer and his wife shall each be-

 

      (i)   granted a refund of the transport expenses referred to in paragraph (a)(i); and

 

      (ii)   paid the subsistence allowance referred to in paragraph (a)(ii).

 

40.   Additional medical service

   (1) Without derogation from the provisions of regulation 39 the Commander may, on the advice of a medical officer, authorize the payment-

 

   (a)   to an officer of the cost of any medical treatment incurred in Botswana by such officer or any of his dependants;

 

   (b)   of the cost of any specialist advice or medical treatment not available in Botswana, incurred by such officer or any of his dependants.

   (2) An officer or any of his dependants receiving medical treatment or advice outside Botswana in accordance with subregulation (1) shall be entitled to be paid reasonable transport expenses and the daily subsistance allowance referred to in regulation 44.

   (3) For the avoidance of doubt, "medical advice" and "medical treatment" include surgical advice and surgical treatment respectively.

 

41.   Dental treatment

   If the examination and treatment of an officer's teeth by a dentist is authorized by a medical officer, any costs incurred thereby shall be paid by the Government.

 

42.   Treatment by oculists, etc.

   If the examination and treatment of an officer's eyes by an oculist is authorized by a medical officer, any costs incurred thereby shall be paid by the Government, including the provision of free spectacles.

PART VI
Transfers and Travelling on Duty
(regs 43-49)

 

43.   Subsistence allowance

   An officer who is required to travel on duty within Botswana shall be paid a subsistence allowance at such rate as may be determined by the Defence Council for each night that he is necessarily absent from his home station, and a refund of any other expenses necessarily incurred by him:

   Provided that-

 

   (a)   where an officer is provided with overnight accommodation without expense to himself, he shall be entitled to only half the subsistence allowance otherwise payable under this regulation; and

 

   (b)   where an officer is provided with overnight accommodation and meals without expense to himself, no subsistence allowance shall be payable.

 

44.   Subsistence allowance outside Botswana

   An officer who is required to travel on duty outside Botswana shall be paid a daily subsistence allowance at the rates authorized to be paid to public officers.

 

45.   Allowance for special duty

   The Defence Council may authorize the payment to an officer who is required to undertake relieving or special duty of an allowance sufficient to cover reasonable expenses incurred thereby by the officer.

 

46.   Expenses on transfer at own request

   (1) An officer who is posted on transfer at his own request shall be entitled to free travel facilities to his new station for himself, his wife and his dependants, and to subsistence allowances at half of the rate payable under regulation 47.

   (2) For the purposes of this regulation "free travel facilities" means a first class rail or road warrant or by military transport.

   (3) Where the officer uses his own vehicle for the purposes of this regulation he shall be entitled to motor vehicle mileage allowance at half of the rate payable under regulation 48(1).

 

47.   Expenses on transfer other than on own request

   (1) An officer who is posted on transfer other than at his own request shall be entitled to-

 

   (a)   be paid, in respect of himself, whilst travelling to his new station, subsistence allowance at the rates authorized in regulation 43;

 

   (b)   be paid, in respect of his wife and all his dependants under the age of 18 years, whilst travelling to the officer's new station, subsistence allowance at the rates authorized to be paid to public officers:

 

         Provided that the proviso to regulation 43 shall apply to any such wife or dependant so travelling as it applies to officers travelling under that regulation;

 

   (c)   have transported, at Government expense, to his new station a maximum weight of 2000 kg of personal baggage;

 

   (d)   be paid a disturbance allowance at the rate authorized in regulation 24;

 

   (e)   free travel facilities to his new station in respect of himself, his wife and all his dependants under the age of 18 years.

   (2) For the purposes of this regulation "free travel facilities" means a first-class rail or road warrant or by military transport.

 

48.   Travel by private motor vehicle

   (1) A commanding officer may authorize an officer who is posted on transfer other than at his own request to use his own motor vehicle; in which case the officer shall be entitled to full motor vehicle mileage allowance at the rates authorized to be paid to public officers. If due to the nature of the motor vehicle concerned it is not possible for the officer to take with him all the members of his family eligible under regulation 47, those eligible members who cannot travel with the officer may travel by military transport or such other means as may be decided by a commanding officer, at Government expense.

   (2) In cases where an officer is permitted to use his own motor vehicle and he qualifies for any subsistence allowance under regulation 47, allowance shall be paid only in respect of those nights necessarily spent in transit by the most direct route.

   (3) For the purposes of this regulation "nights necessarily spent in transit" means nights which would have been spent if the officer had travelled not less than 320 km.

 

49.   Advances of allowances, etc., payable under this Part

   An officer may be paid in advance the full amount of any allowances which it is estimated would be payable to him under this Part in respect of any posting on transfer or travelling on duty, but any payment so made shall, immediately following the termination of the period in respect of which the payment has been made, be adjusted to the actual amount of the allowances which are payable to him.

PART VII
Dress and Equipment
(reg 50)

 

50.   Clothing and equipment

   (1) An officer shall be provided free of charge with such items of clothing and personal equipment as are required for service in the Force, which shall be exchanged or replaced from time to time, at Government expense, if new or altered order of dress is adopted, or when they become unserviceable due to fair wear and tear.

   (2) An officer shall not wear any article forming part of the uniform of the Force which he is not authorized to wear.

PART VIII
Disablement Benefits
(regs 51-59)

 

51.   Award of pensions, and appeal

   (1) The right of any person to an award under this Part and the Award of pensions, and amount of such award shall be determined by the Commander in accordance with this Part.

   (2) Within six months after the date on which any decision of the Commander has been communicated to the claimant under this Part such claimant may, if aggrieved by such decision, by notice in writing to the Commander, appeal to the Defence Council.

   (3) On any such appeal the Defence Council may confirm the decision of the Commander or may, subject to the provisions of these Regulations, vary such decision.

   (4) A claimant may appeal the decision of the Defence Council to the President, who may, on such appeal, confirm or vary the decision of the Defence Council.

   (5) The President's decision shall be given effect to by the Defence Council.

 

52.   Review of awards

   The Defence Council may at any time review, amend or withdraw any award under this Part which-

 

   (a)   has been incorrectly made by error in interpretation of fact; or

 

   (b)   it has reason to believe has been obtained by improper means.

 

53.   Administration of awards

   Any award payable to or in respect of any person under this Part may, in the discretion of the Commander and for reasons deemed by him to be sufficient, be administered under such conditions as the Commander may determine instead of being paid to the grantee.

 

54.   Benefits on discharge for ill-health in certain circumstances

   If the unfitness for further service of a disabled officer is due to ill-health, physical or mental incapacity or personal injury occasioned without any misconduct or serious negligence on his part he shall be awarded-

 

   (a)   if his pensionable service amounts to less than 10 years, a gratuity at the rate prescribed in regulation 60;

 

   (b)   if his pensionable service amounts to 10 or more years, a pension at the rate prescribed in regulation 60.

 

55.   Pension in respect of ill-health occasioned by the discharge of duty

   (1) Subject to this regulation, if the unfitness for further service of a disabled officer is due to ill-health, physical or mental unfitness, physical or mental incapacity or personal injury-

 

   (a)   which was occasioned in and by the discharge of his duties without any misconduct or serious negligence on his part; or

 

   (b)   which was not occasioned initially in and by the discharge of his duties but which was without any misconduct or serious negligence on his part aggravated to a material extent in and by the discharge of his duties,

he shall be awarded a pension according to the degree of the disablement which is attributable to the discharge of such duties or to such aggravation, as the case may be, and in accordance with the following provisions-

 

   (i)   where the degree of such disablement is 100 per cent, he shall be awarded a pension equal to 50 per cent of his retiring pensionable emoluments;

 

   (ii)   where the degree of such disablement is less than 100 per cent, he shall be awarded a pension bearing the same proportion to the pension calculated in accordance with paragraph (i) as the degree of such disablement bears to 100 per cent.

   (2) If an officer who is suffering from ill-health, physical or mental unfitness, physical or mental incapacity or personal injury-

 

   (a)   which was occasioned in and by the discharge of his duties without any misconduct or serious negligence on his part; or

 

   (b)   which was not occasioned initially in and by the discharge of his duties but which was, without any misconduct or serious negligence on his part, aggravated to a material extent in and by the discharge of his duties,

is not discharged and if, at the date on which he resigns or retires or is, under the provisions of the Act, discharged or dismissed from the Defence Force, he is still suffering from such ill-health, physical or mental unfitness, physical or mental incapacity or personal injury he shall be awarded a pension calculated in accordance with subregulation (1)(b)(ii) and based upon the annual rate of his pensionable emoluments at the date of his disablement.

   (3) For the purposes of subregulation (2) the date of disablement of an officer means the date on which the ill-health, physical or mental unfitness or physical or mental incapacity commenced, or on which the personal injury was received, or on which the ill-health, physical or mental unfitness, physical or mental incapacity or personal injury was first aggravated to a material extent, as the case may be, or, if such date cannot be ascertained, the date fixed by the Commander as the date of disablement.

   (4) If an officer resumes duty in the Force in terms of regulation 58 and if, at the date on which he resigns or retires or is, under the provisions of the Act, finally discharged or dismissed from the Force, he is still suffering from the ill-health, physical or mental unfitness, physical or mental incapacity or personal injury in respect of which he was previously awarded a pension under this regulation, he shall be awarded a pension calculated in accordance with subregulation (2).

   (5) Any pension payable under this regulation shall be in addition to any other pension or benefit payable under these Regulations.

   (6) An officer who is participating in any regimental sport, recreational training, display or competition authorized by the commanding officer of his unit shall be deemed, for the purposes of this regulation, to be discharging his duties while he is so participating.

   (7) Where, in consequence of personal injury suffered by a disabled officer, compensation is payable under any law for the time being in force providing for the payment of workmen's compensation, the Commander may reduce or withhold any pension payable in accordance with this regulation in such manner and to such extent as he considers reasonable.

   (8) Where the Commander is satisfied that damages have been or will be recovered in respect of personal injury for which a pension is payable in accordance with this regulation, the Commander may take those damages into account against such pension in such manner and to such extent as he thinks fit and may reduce or withhold the pension accordingly.

   (9) For the purposes of subregulation (8) damages shall be deemed to be recovered whether they are paid in pursuance of a judgment or order of a court or by way of settlement or compromise of the relevant claim and whether proceedings are or are not instituted to enforce that claim.

 

56.   Free medical attention for Force pensioners

   (1) In this regulation "free medical attention" means-

 

   (a)   attention by a medical officer;

 

   (b)   treatment in a department of a Government hospital or institution; and

 

   (c)   accommodation in a ward of a Government hospital or institution,

and includes drugs, dressings, proprietary preparations and surgical appliances and, in special cases authorized by the Commander, attention and treatment by a person recommended by the Commander, and accommodation at a hospital or institution other than a Government hospital or institution.

   (2) A disabled officer who has been awarded a pension under regulation 55 shall be entitled to free medical attention in respect of ill-health, physical or mental unfitness, physical or mental incapacity or personal injury which occasioned the award.

   (3) Subject to subregulations (4) and (5), when a disabled officer is required by the Commander to make a journey in order to be medically examined or to undergo medical treatment or for any other purpose he shall be entitled-

 

   (a)   to travel at the expense of the Government in such class of travel as the Commander may determine; and

 

   (b)   to be paid such subsistence allowance as the Commander may determine.

   (4) A disabled officer shall not be entitled to an allowance under subregulation (3)(b)-

 

   (a)   for any period during which he is being maintained at a hospital or institution; or

 

   (b)   if the period of his absence from home is less than four hours.

   (5) If a disabled officer is, owing to his own misconduct, unfit to undergo a medical examination at the appointed time and place and in consequence thereof is required by the Commander to undergo a further medical examination he shall not be entitled to any allowance under subregulation (3)(b) for any period during which he is necessarily absent from his home for the purpose of undergoing such further medical examination.

 

57.   Medical examination or treatment of pensioners

   (1) Any officer who has been awarded a pension under this Part may at any time be required by the Commander to submit to a medical examination or to undergo medical or surgical treatment involving no appreciable risk to his life.

   (2) If any officer referred to in subregulation (1) fails to submit himself to the examination or to undergo the treatment required by the Commander his right to any pension awarded to him under this Part shall cease as from the date on which he fails to do so:

   Provided that if at any time thereafter such person submits to the examination or undergoes the treatment required by the Commander such pension shall be revived with effect from the date on which he submits himself to that examination or undergoes that treatment.

   (3) For the purposes of this regulation a certificate given by the majority of the members of a special medical board shall be conclusive on the question whether or not the medical or surgical treatment required by the Commander involves appreciable risk to the life of the person concerned.

 

58.   Resumption of duty by disabled officer

   (1) If a disabled officer who has been awarded a pension under this Part is, within two years of the date of his discharge, certified by a special medical board to be fit for duty in the Force and he has not completed his period of engagement in terms of regulation 4(3), he may, subject to subregulation (3), be required by the Commander to resume duty in the Force.

   (2) If an officer required to resume duty in the Force in terms of subregulation (1) refuses without reasonable cause to do so, his right to any pension awarded to him under this Part shall cease as from the date on which he is required to resume such duty.

   (3) The following provisions shall apply in relation to any officer required to resume duty in the Force under subregulation (1)-

 

   (a)   the pensionable emoluments which he is paid shall not, without his consent, be less than the pensionable emoluments received by him immediately before the date of his discharge;

 

   (b)   the rank in which he is required to resume duty shall not be lower than the rank held by him immediately before the date of his discharge;

 

   (c)   his right to any pension awarded to him under this Part shall cease as from the date of his resumption of duty;

 

   (d)   his pensionable service shall not be deemed to have been interrupted by the period during which he was receiving a pension under this Part.

   (4) For the purposes of this regulation, a certificate given by the majority of the members of a special medical board shall be conclusive on the question of the fitness of the person concerned for duty in the Force.

 

59.   Benefits to widow and children in respect of death in the course of duty

   (1) If-

 

   (a)   an officer dies owing to-

 

      (i)   an injury received or from an illness contracted in and by the discharge of his duties without any misconduct or serious negligence on his part; or

 

      (ii)   illness, which was not contracted initially in and by the discharge of his duties but which was, without any misconduct or serious negligence on his part, aggravated to a material extent in and by the discharge of his duties; or

 

   (b)   an officer who has been awarded a pension under regulation 55 dies owing to ill-health, physical or mental unfitness, physical or mental incapacity or personal injury in respect of which he was awarded that pension,

there shall be awarded to his widow and in respect of his children, if any, a pension and gratuity, or, if he leaves no widow, may be awarded to persons dependent on him, a pension and gratuity calculated in accordance with this regulation.

   (2) The pension awarded to the widow shall be 40 per cent of the pension to which her husband would have been entitled under regulation 55(1)(i) at the date of his death had he not died.

   (3) The pension awarded in respect of the children shall be determined in accordance with the First Schedule.

   (4) The right of any widow to a pension awarded to her under subregulation (2) shall cease as from the date on which she remarries.

   (5) If the deceased officer does not leave a widow and if his mother was wholly or mainly dependent on him for her support, a pension may, in the discretion of the Commander, be awarded to the mother of an amount not exceeding the pension which would have been awarded to the widow.

   (6) If the deceased officer does not leave a widow or mother, or if no pension is granted to his mother, and if his father was wholly or mainly dependent on him for his support, a pension may, in the discretion of the Commander, be awarded to the father of an amount not exceeding the pension which would have been awarded to the widow.

   (7) If the deceased officer does not leave a child or children who is or are eligible for a pension under this regulation, and if any brother or sister was wholly or mainly dependent on him for support, a pension may, in the discretion of the Commander, be awarded to such brother or sister until he or she attains the age of 21 years of the same amount and subject to the same conditions as the pension which would have been awarded under subregulation (3).

   (8) Any pension awarded under this regulation in respect of a child shall be paid to such person or persons as shall from time to time be determined by the Commander and shall, in accordance with the determination of such Commander, be paid in respect of one child or apportioned between any two or more of the children.

   (9) If a child dies or ceases to be a child, the pension awarded under this regulation in respect of the child shall cease or, if there are other children, shall be adjusted accordingly.

   (10) Any pension awarded under this regulation shall be in addition to any other pension or benefit payable under these Regulations.

   (11) The gratuity payable under this regulation shall be of an amount equal to the greater of-

 

   (a)   four years' salary of the deceased officer; and

 

   (b)   the sum produced by commuting one third of such officer's annual pension entitlement at the date of death determined in accordance with regulation 66(5).

   (12) The gratuity calculated under subregulation (11) shall be paid-

 

   (a)   if the deceased officer leaves a widow, to the widow;

 

   (b)   if the deceased officer does not leave a widow, but leaves a child or children in respect of whom a pension is awarded, to the person or persons determined by the Commander for the purposes of subregulation (8);

 

   (c)   if the deceased officer does not leave a widow or a child or children, and a pension is awarded to his mother under subregulation (5), to his mother;

 

   (d)   if the deceased officer does not leave a widow or a child or children, and a pension is awarded to his father under subregulation (6), to his father;

 

   (e)   if the deceased officer does not leave a widow or a child or children, and a pension is not awarded to his mother or father, but a pension is awarded under subregulation (7) in respect of his brother or sister, to such person or persons as may be determined by the Commander.

   (13) Not more than one gratuity shall be payable under this regulation in respect of the death of an officer.

   (14) An officer who is participating in any regimental sport, recreational training, display or competition authorized by the commanding officer of his unit shall be deemed, for the purposes of this regulation, to be discharging his duties while he is so participating.

   (15) Where, in respect of the death of an officer, compensation is payable under any law for the time being in force providing for the payment of workmen's compensation, the Commander may reduce or withhold any pension payable in accordance with this regulation in such manner and to such extent as he considers reasonable.

   (16) Where the Commander is satisfied that damages have been or will be recovered in respect of death for which a pension is payable in accordance with this regulation, the Commander may take those damages into account against such pension in such manner and to such extent as he thinks fit and may reduce or withhold the pension accordingly.

   (17) For the purposes of subregulation (16) damages shall be deemed to be recovered whether they are paid in pursuance of a judgment or order of a court or by way of settlement of the relevant claim and whether proceedings are or are not instituted to enforce that claim.

PART IX
General Provisions relating to Pensions, Gratuities and other Benefits
(regs 60-71)

 

60.   Calculation of pensions and gratuities

   Subject to these Regulations-

 

   (a)   a pension payable to an officer under this Part or regulation 54 shall be calculated at the rate of one six-hundredth of his retiring pensionable emoluments in respect of each completed month of his pensionable service;

 

   (b)   a gratuity payable to an officer under this Part or regulation 54 shall be calculated at the rate of one-twelfth of his retiring pensionable emoluments for each completed year of his pensionable service.

 

    (c)   a gratuity payable to a member shall be enhanced in accordance with the Fourth Schedule hereto.

 

61.   Pensionable service

   (1) Subject to these Regulations, the pensionable service with reference to which any pension, gratuity or other benefit is to be calculated shall be continuous.

   (2) Pensionable service shall include-

 

   (a)   time spent on duty;

 

   (b)   time spent on leave;

 

   (c)   time spent on attachment or secondment to the military forces of any other Government under section 7 of the Act; and

 

   (d)   in the case of a person who, immediately before the date of commencement of these Regulations, was a member, the period of employment which, immediately before that date, could, in terms of the law then applicable to him, have been taken into account in computing his pension.

   (3) Where any person who has had previous service in the Defence Force is later engaged for service in the Force under section 14 of the Act then, if-

 

   (a)   such person is not a disabled member who is required to resume duty in the Force under regulation 58(1);

 

   (b)   the previous service terminated not more than two years prior to the date of such later engagement for service in the Force; and

 

   (c)   no gratuity or pension or any terminal benefits were paid to such person in respect of the previous service,

the period of the previous service shall be reckoned as pensionable service.

   (4) Pensionable service shall not include any period of service by an officer-

 

   (a)   while he is under the age of 18 years; or

 

   (b)   in respect of which, by virtue of regulation 21, no pay was paid to him:

   Provided that the pensionable service of an officer shall not be deemed to have been interrupted by the exclusion therefrom of any period of service referred to in this subregulation.

   (5) The period of pensionable service shall be calculated by the month, and fractions of a month shall be disregarded.

    (6) Any person who is engaged in the force on or after 1st April, 2001 shall automatically become a member of the Botswana Public Officers Pension Fund.

 

62.   Benefits on resignation or compulsory retirement for ill-health

   (1) An officer who resigns under regulation 5, if his pensionable service amounts to five or more years but less than 10 years, or who is compulsorily retired for reasons of ill-health under regulation 4(5)(a), if his pensionable service amounts to five or more years but less than seven years, shall be entitled to be paid the following benefits-

 

   (a)   a clothing grant at such rate as may be determined by the Council;

 

   (b)   a sum equivalent to his pensionable emoluments for a period of 28 days at the rate applicable to him immediately before the date of his resignation or discharge; and

 

   (c)   a sum equivalent to one day's pay at the rate applicable to him immediately before the date of his resignation or discharge for every complete period of 30 days' service spent on active service outside Botswana.

   (2) In the calculation of complete periods of 30 days' service for the purposes of subregulation (1)(c), all periods of service spent on active service outside Botswana shall be aggregated.

 

63.   Benefits on retirement or resignation

    (1) An officer who retires from the Force after 20 years or more pensionable service shall be entitled to a pension at the rate prescribed in regulation 60(a).

   (2) An officer who is compulsorily retired from the Force in terms of regulation 4(5)(a) shall be entitled-

 

   (a)   if his pensionable service amounts to 7 years or more but less than 14 years, to a gratuity at the rate prescribed in regulation 60(b); or

 

   (b)   if his pensionable service amounts to 14 years or more, to a pension at the rate prescribed in regulation 60(a).

   (3) An officer who resigns from the Force whose pensionable service amounts to 10 years or more, but less than 20 years, shall be entitled to a gratuity at the rate prescribed in regulation 60(b).

 

64.   Benefits on discharge or dismissal on prescribed grounds

   (1). An officer who is, under regulation 6 or 7, or under section 67 or section 75(5)(a) of the Act required to resign, or is cashiered or dismissed from the Force may be paid-

 

   (a)   if his pensionable service amounts to 10 or more years but less than 20 years, such gratuity as the Commander may determine;

 

   (b)   if his pensionable service amounts to 20 or more years, such pension or gratuity as the Commander may determine.

   (2) Where the Commander intends to order forfeiture of the pension or gratuity referred to in subsection (1), or both the pension and gratuity, he shall-

 

   (a)   inform the officer of such intention in writing; and

 

   (b)   give the officer reasons for such forfeiture.

   (3) Where the Commander gives notice in accordance with subsection (2), the officer may, within 14 days of receipt of such notice, give reasons why such order should not be against him.

 

65.   Benefits to dependants on death of an officer pensioner

   (1) If an officer whose pensionable service amounts to two or more years dies in circumstances other than those specified in regulation 59(1), there shall be paid to his dependants an amount equal to the greater of-

 

   (a)   one year's salary of the deceased officer; and

 

   (b)   the sum produced by commuting one third of such officer's annual pension entitled at the date of death determined in accordance with regulation 66(5).

   (2) If an officer who is receiving a pension under regulation 63 dies within five years after the date of his retirement, there shall be paid to his dependants a gratuity equal to the aggregate of the pension which would have been payable to such officer had he not died, for the period from the day following the date of his death to the expiry of five years from the date of his retirement.

 

66.   Commutation of pensions

   (1) In this regulation, unless the context otherwise requires-

   "applicant" means an officer about to become entitled to a pension in terms of regulation 54, 55, 63 or 64 who has applied under this regulation for the commutation of the whole or a portion of the pension to which he is about to become entitled;

   "form" means the form set out in the Second Schedule.

   (2) Subject to this regulation, an officer about to become entitled to a pension in terms of regulation 54, 55, 63 or 64 may apply to the Defence Council for the commutation of up to one-third of the pension to which he is about to become entitled.

   (3) The Defence Council may, where the pension to which an applicant is about to become entitled, commute up to one-third of his total annual pension by a single cash payment determined in accordance with subregulation (5).

   (4) An application for the commutation of any portion of a pension up to one-third shall be made on Form No. 1 in the Second Schedule and shall be submitted to the Commander.

   (5) The amount of the single cash payment to be made on the commutation of a pension shall be computed by multiplying the annual rate of pension to be commuted by the commutation factor shown in the Third Schedule in relation to the age of the applicant, calculated to the nearest half-year, or, where his age is midway between the half-years, to the half-year nearest above his age, at the date of his application for commutation:

   Provided that where the age of the applicant at the date of his application for commutation is under 29 years and six months the cash payment to be made shall be computed by multiplying the annual rate of pension to be commuted by such commutation factor as may be fixed by the Defence Council.

   (6) The commutation of a pension shall be effected on the date he becomes entitled to his pension.

   (7) For the purposes of this Part the form and the table set out in the Second and Third Schedules respectively shall, with such adaptations or modifications as the circumstances may require, be used and applied.

 

67.   Benefits not to be pledged or ceded

   No pension, gratuity or other benefit payable under these Regulations or right to such a pension, gratuity or other benefit shall be capable of being assigned or transferred or otherwise ceded, or of being pledged or hypothecated, and, in the event of the recipient attempting to assign, transfer or otherwise cede or pledge or hypothecate a pension, gratuity or other benefit payable under these Regulations or right to such a pension, gratuity or other benefit, payment of the pension, gratuity or other benefit may be withheld, suspended or entirely discontinued if the Defence Council so determines:

   Provided that the Defence Council may direct the payment of the pension, gratuity or other benefit or part thereof to any one or more of the dependants of the recipient during such period as it may determine.

 

68   Conviction of pensioner

   If an officer in receipt of a pension under these Regulations is convicted of any offence and is required to undergo a period of imprisonment exceeding three months the payment of his pension shall, in accordance with the directions, if any, of the Defence Council, be discontinued during the whole or part of the period of imprisonment:

   Provided that the Defence Council may authorize the payment of the whole or any portion of the pension in respect of the period during which it has been so discontinued to or for the benefit of any dependant of the pensioner as the Defence Council may determine.

 

69.   Forfeiture of pension

   If any officer becoming entitled to or actually in receipt of a pension under these Regulations-

 

   (a)   is found guilty by a civil court-

 

      (i)   of misappropriating public moneys or property of the Government;

 

      (ii)   of making a false statement for the purpose of obtaining a pension, knowing the statement to be false or not believing it to be true;

 

   (b)   makes use of or discloses in an improper manner any information which he may have obtained in the course of his duties; or

 

   (c)   solicits or, without the consent of the Defence Council, accepts directly or indirectly any testimonial or gift of a pecuniary value in connection with his service,

his right to any pension or his pension, as the case may be, shall, in accordance with the directions, if any, of the Defence Council, be suspended, reduced or forfeited, as the case may be.

 

70.   Deductions from pension, gratuity or other benefits

   (1) The Defence Council may authorize the deduction from any pension, gratuity or other benefit to which an officer in receipt of a pension under these Regulations or his estate is entitled under this Part or Part VIII of any liquidated amount which that officer is liable to pay to the Government.

   (2) No deduction shall be authorized under this regulation of a liquidated amount which the Commander has, under regulation 26, authorized to be deducted from the pay and allowances due to an officer.

 

71.   Proof of age, etc.

   (1) An officer shall, if required to do so, submit proof of the date of his birth.

   (2) No payment of any pension to a widow shall be made until proof of marriage to and date of the death of the husband have been furnished.

   (3) No pension in respect of a dependant shall be paid until proof has been furnished of the eligibility of that dependant for a pension under these Regulations.

   (4) The proof required under this regulation shall be to the satisfaction of the Defence Council.

PART X
Miscellaneous Provisions
(regs 72-78)

 

72.   Marriage

   No officer shall marry without first obtaining the consent of the Commander.

 

73.   Occupation of official quarters

   An officer shall, if required by the Commander to do so, reside in official quarters.

 

74.   Engagement for profit in trade or business

   (1) Except with the written consent of the Commander and in accordance with such directions, if any, as the Commander may from time to time give him, an officer shall not-

 

   (a)   engage for profit in any business or occupation other than his official duties;

 

   (b)   be or become a director or engage directly or indirectly in the management or directions of any public company or syndicate.

   (2) For the purposes of this regulation the traditional practice of cattle farming shall not be regarded as a business or occupation provided it is undertaken outside duty hours and so long as it does not affect the performance of the officer's duties in any way.

 

75.   Active participation in politics

   (1) No officer shall commit any act which is prescribed by this regulation as being an act constituting active participation in politics.

   (2) Subject to subregulation (3), the following acts in relation to an officer are prescribed as being acts constituting active participation in politics-

 

   (a)   joining or being associated with an organization or movement of a political character;

 

   (b)   canvassing any person in support of or otherwise actively assisting an organization or movement of a political character;

 

   (c)   displaying or wearing rosettes, favours, symbols, posters, placards or like articles having a political significance;

 

   (d)   attending a political meeting or assembly when wearing Defence Force uniform or any part thereof likely to identify him with the Defence Force;

 

   (e)   asking questions from the floor at a political meeting;

 

   (f)   publishing views of a political character or causing them to be published in speeches, broadcasts, letters to the press, articles, leaflets, posters, placards, books or otherwise; and

 

   (g)   any other act or conduct whatever of an officer whereby the public might reasonably be induced to associate or identify him with an organization or movement of a political character.

   (3) Nothing in subregulation (2) shall be construed as precluding an officer from-

 

   (a)   asking questions from the floor at a political meeting held with the permission of the Defence Council at which the audience consists only of persons in the employment of the Government;

 

   (b)   explaining Government policy in the course of his duties as an officer;

 

   (c)   performing the duties of a returning officer, polling officer or like officer at a Parliamentary or local authority election;

 

   (d)   voting at a Parliamentary or local authority election.

   (4) A trade union or employers' organization shall, for the purposes of subregulation (2)(a) and (b), be deemed to be a movement or organization of a political character.

 

76.   Sale of effects of deserter

   (1) If an officer deserts and there is no likelihood of his immediate arrest the Commander may, on the expiration of one month after the date of promulgation of desertion, authorize the sale by auction of any private effects or personal property left by the officer.

   (2) The proceeds of any sale of private effects or personal property of an officer who has deserted, together with the amount of any pay and allowances due to him at the date of desertion, shall be applied firstly to the liquidation of any sums due by that officer to the Government and thereafter to the liquidation of any sums due by that officer to a mess or other institution, organization or association of members of the Force.

 

77.   Funeral expenses

   The amount of any reasonable expenses incurred in burying an officer shall be paid by the Government.

 

78.   Messes and other institutions

   Where any mess or other institution, organization or association of officers has been constituted at a station the Commander may order all the officers at that station to be members of that mess, institution, organization or association and to pay such subscriptions as are due by the members thereof.

FIRST SCHEDULE
BENEFITS TO WIDOW AND CHILDREN

 

(reg. 59)

 

   1. If the officer receiving a pension leaves a widow, the pension in respect of his children shall be at the following rates: 

For one child ..................... 

A pension equal to 25 per cent of his widow's pension 

For two children ................ 

A pension equal to 40 per cent of his widow's pension 

For three children .............. 

A pension equal to 50 per cent of his widow's pension 

For four children ................ 

A pension equal to 60 per cent of his widow's pension 

For five or more children ..... 

A pension equal to 66 2/3 per cent of his widow's pension: 

   Provided that if owing to the death or remarriage of the widow her pension ceases the pension in respect of the children shall be at the rates prescribed in paragraph 2. 

   2. If the officer receiving a pension leaves no widow, the pension in respect of his children shall be at the following rates- 

For one child ................... 

A pension equal to 50 per cent of the pension which would have been payable to his widow had he left one 

For two children ............... 

A pension equal to 80 per cent of the pension which would have been payable to his widow had he left one 

For three children ............. 

A pension equal to 100 per cent of the pension which would have been payable to his widow had he left one 

For four children ............... 

A pension equal to 120 per cent of the pension which would have been payable to his widow had he left one 

For five or more children .... 

A pension equal to 133 1/3 per cent of the pension which would have been payable to his widow had he left one.

SECOND SCHEDULE

 

(reg. 66)

Form 1
APPLICATION FOR COMMUTATION OF PENSION

 

The Commander,
Headquarters,
Botswana Defence Force,
GABORONE. 

 

1.   Full names of applicant (in block letters): 

   Surname ....................................................................................................................... 

   Forenames .................................................................................................................... 

2.   Date of birth ..................................................................................................................
(if not already produced, proof of this date is required) 

3.   Gross rate of pension per annum P ................................................................................. 

4.   Date pension to commence ........................................................................................... 

5.   Portion of pension up to one-third it is desired to commute.................................................
..................................................................................................................................... 

6.   Reasons for desiring to commute ....................................................................................


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


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

7.   Give particulars of any income or earnings other than pension


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


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


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

Solemn Declaration 

   I do solemnly and sincerely declare that I am not insolvent and that no part of my pension has been assigned, ceded or otherwise transferred, pledged or hypothecated. 

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

..............................................................
Signature of Applicant 

Declared before me this .................................. day of ..................................., 20 ................ 

 

.................................................................
Notary Public
Commissioner of Oaths
Magistrate
District Commissioner
or District Officer

THIRD SCHEDULE
COMMUTATION FACTOR FOR COMMUTATION OF PENSIONS

 

(reg. 66)

 

Nearest
half-age 

Commutation factor 

Nearest
half-age 

Commutation factor 

30 .................................. 

16,38 

43 .................................. 

14,36 

301/2 .............................. 

16,31 

431/2 .............................. 

14,26 

31 ................................. 

16,25 

44 ................................. 

14,17 

311/2 .............................. 

16,18 

441/2 ............................... 

14,07 

32 ................................. 

16,12 

45 .................................. 

13,97 

321/2 .............................. 

16,05 

451/2 ............................... 

13,86 

33 ................................. 

15,98 

46 .................................. 

13,76 

331/2 .............................. 

15,91 

461/2 ............................... 

13,65 

34 ................................. 

15,84 

47 .................................. 

13,54 

341/2 .............................. 

15,77 

471/2 ............................... 

13,43 

35 ................................. 

15,70 

48 .................................. 

13,32 

351/2 .............................. 

15,62 

481/2 ............................... 

13,20 

36 ................................. 

15,55 

49 .................................. 

13,08 

361/2 .............................. 

15,47 

491/2 ............................... 

12,96 

37 ................................. 

15,40 

50 .................................. 

12,84 

371/2 .............................. 

15,32 

501/2 ............................... 

12,72 

38 ................................. 

15,24 

51 .................................. 

12,59 

381/2 .............................. 

15,16 

511/2 ............................... 

12,47 

39 ................................. 

15,07 

52 .................................. 

12,34 

391/2 .............................. 

14,99 

521/2 ............................... 

12,21 

40 ................................. 

14,91 

53 .................................. 

12,09 

401/2 ............................... 

14,82 

531/2 ............................... 

11,96 

41 ................................. 

14,73 

54 .................................. 

11,83 

411/2 ............................... 

14,64 

541/2 ............................... 

11,70 

42 ................................. 

14,55 

55 .................................. 

11,57 

421/2 ............................... 

14,46 

 

 

FOURTH SCHEDULE
GRATUITY ENHANCEMENT

 

(reg. 60)

 

      AGE 

PERCENTAGE 

      38-39 

25 

      40-44 

23 

      45-46 

20 

      47-48 

17 

      49-50 

14 

      51-52 

11 

      53-54 

      55 

5

DEFENCE FORCE (REGULAR FORCE) (CADET OFFICERS) REGULATIONS

 

(under section 15)

 

(15th April, 1977)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Engagement

 

   4.   Application of Other Ranks Regulations

 

   5.   Selection of cadet officers

 

   6.   Qualifications for selection

 

   7.   Grant of travel warrants and subsistence allowance while travelling

 

   8.   Subsistence allowance whilst attending Selection Board

 

   9.   Pay

 

   10.   Classification of leave

 

   11.   Person empowered to grant leave

 

   12.   Pay and allowances during leave

 

   13.   Annual leave

 

   14.   Sick leave

 

   15.   Compassionate leave

 

 

S.I. 73, 1977,
S.I. 87, 1977,
S.I. 71, 1978,
S.I. 56, 1980,
S.I. 133, 1987,
S.I. 4, 1988,
S.I. 43, 1993.

 

1.   Citation

   These Regulations may be cited as the Defence Force (Regular Force) (Cadet Officers) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "cadet officer" means a person engaged for service as a cadet officer in the Regular Force;

   "candidate" means a person seeking appointment as a cadet officer;

   "Other Ranks Regulations" means the Defence Force (Regular Force) (Other Ranks) Regulations;

   "service" means service in the Regular Force, and "serve" shall be construed accordingly;

   "temporary engagement" means an engagement of no fixed period of time.

 

3.   Engagement

   The Commander may, in accordance with these Regulations, engage persons for service as cadet officers in the Regular Force on temporary engagements.

 

4.   Application of Other Ranks Regulations

   To the extent that they are not inconsistent with these Regulations, the Other Ranks Regulations shall apply with any necessary modifications to a cadet officer as they apply in relation to a member, as defined in the Other Ranks Regulations, who has been engaged for service on an initial engagement.

 

5.   Selection of cadet officers

   Cadet officers shall be selected by a Selection Board, to be appointed by the Commander.

 

6.   Qualifications for selection

   (1) Where a candidate is seeking appointment as a cadet officer direct from civil life he must be not less than 18 years and not more than 24 years of age:

   Provided that the Commander may, in the case of a candidate of special merit, waive the limit of 24 years of age.

   (2) Where a candidate is already a member of the Regular Force, the upper age limit for engagement as a cadet officer shall, except in an exceptional case, be 30 years.

   (3) The minimum educational requirements for a candidate shall be Cambridge School Certificate or an equivalent certificate.

 

7.   Grant of travel warrants and subsistence allowance while travelling

   Where a candidate is called to attend for interview by the Selection Board he shall-

 

   (a)   be issued with a free travel warrant to transport him from his place of residence to the place appointed for interview and for the return journey to such residence; and

 

   (b)   for the period while travelling to the place appointed for the interview, and while returning to his place of residence, be paid subsistence allowance at such rate as the Defence Council may determine.

 

8.   Subsistence allowance whilst attending Selection Board

   Whilst a candidate is attending an interview by the Selection Board at the place appointed, he shall be paid a subsistence allowance at such rate as may be determined by the Defence Council.

 

9.   Pay

   (1) Upon appointment as a cadet officer, the cadet officer shall be paid at such rate as may be determined by the Defence Council:

   Provided that where the cadet officer is a graduate of a recognized university the rate determined by the Defence Council may be increased accordingly.

   (2) Where, immediately prior to his appointment as a cadet officer, the cadet officer was a member of the Regular Force in receipt of an annual rate of pay higher than that prescribed for a cadet officer, the initial annual rate of pay applicable to him on such appointment shall, until such time as he becomes entitled under these Regulations to be paid at a higher rate, be his former rate of pay.

 

10.   Classification of leave

   For the purposes of these Regulations leave shall be divided into the following classes-

 

   (a)   annual leave;

 

   (b)   sick leave;

 

   (c)   compassionate leave.

 

11.   Person empowered to grant leave

   The Commander or an officer so authorized by the Commander may, in accordance with these Regulations, grant annual leave, sick leave or compassionate leave to a cadet officer.

 

12.   Pay and allowances during leave

   (1) Where a period of leave with pay is granted to a cadet officer under these Regulations the cadet officer shall, in respect of such period, be paid the amount of his pensionable emoluments and of any other allowances for which he is eligible.

   (2) Where a period of leave with half-pay is granted to a cadet officer under these Regulations the cadet officer shall, in respect of such period, be paid half the amount of his pay and the full amount of any allowances for which he is eligible.

 

13.   Annual leave

   (1) A cadet officer enrolling in the Force after the 18th of December, 1987, may, during any year of his period of service as a cadet officer, be granted annual leave with pay at a rate of 20 working days for each year of service.

   (2) Any period of annual leave which is not taken during the year of service in which it may be granted shall not be taken in any other year of service.

 

14.   Sick leave

   (1) A cadet officer may at any time be granted sick leave for a period not exceeding 180 days, provided that when the period exceeds 90 days the cadet officer shall furnish a medical certificate as to the state of his health to the Commander at the end of every month.

   (2) If a cadet officer is absent from duty or detained in hospital on the orders of a medical officer and, in the opinion of the Commander, such absence or detention is rendered necessary by the misconduct of such cadet officer, the Commander may direct that the period of such absence or detention shall be taken as annual leave, or, if the cadet officer is not eligible for the grant of such leave or is eligible for the grant of a period of such leave which is insufficient for the purpose, that such period be deducted from any period of such leave which he may subsequently become eligible to be granted.

 

15.   Compassionate leave

   (1) A cadet officer wishing to absent himself from duty for compassionate reasons, who is not eligible for the grant of any period of annual leave or is eligible for the grant of a period of annual leave which is insufficient for the purpose, may be granted compassionate leave with full pay for a period or periods not exceeding in the aggregate 21 days during his period of service as a cadet officer.

   (2) A cadet officer shall be granted compassionate leave if any period of annual leave for which he is eligible is taken in conjunction therewith.

   (3) Any period of compassionate leave granted to a cadet officer under this regulation shall be deducted from any period of annual leave which he may subsequently become eligible to be granted in the proportion of two days' compassionate leave to one day's annual leave.

DEFENCE FORCE (PROCEDURE) RULES

 

(under section 125)

 

(15th April, 1977)

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