POLICE: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Botswana Police Long Service and Good Conduct Medal Regulations

Botswana Police Medal for Meritorious Service Regulations

Police Regulations

Police (Special Constables) Regulations

BOTSWANA POLICE MEDAL FOR MERITORIOUS SERVICE REGULATIONS

 

(under section 65)

 

(20th June, 1975)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Eligibility for award

 

   3.   Conditions of award

 

   4.   Recommendation

 

 

S.I. 72, 1975.

 

1.   Citation

   These Regulations may be cited as the Botswana Police Medal for Meritorious Service Regulations.

 

2.   Eligibility for award

   The President may award the Botswana Police Medal for Meritorious Service to a serving member of the Botswana Police Service as a reward for valuable and meritorious service.

 

3.   Conditions of award

   A candidate for award of the medal must have served at least 12 years in the Service and must have set a high example by his conduct and diligence.

 

4.   Recommendation

   The Commissioner shall be the sole judge as to whether the service and character of a candidate shall merit recommendation for the award.

BOTSWANA POLICE LONG SERVICE AND GOOD CONDUCT MEDAL REGULATIONS

 

(under section 65)

 

(20th June, 1975)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

   1.   Citation

 

   2.   Eligibility for award

 

   3.   Conditions of award

 

   4.   Service in other Forces

 

   5.   Recommendation

 

 

S.I. 73, 1975.

 

1.   Citation

   These Regulations may be cited as the Botswana Police Long Service and Good Conduct Medal Regulations.

 

2.   Eligibility for award

   The President may award the Botswana Police Long Service and Good Conduct Medal to a serving member of the Botswana Police Service who has completed 18 years continuous service in accordance with these Regulations and who has, by his conduct and character throughout his service, shown worthiness for such reward.

 

3.   Conditions of award

   (1) A candidate for the award of the medal shall be required to fulfil the conditions hereinafter prescribed as requisite for an exemplary character-

 

   (a)   he has not been convicted of an offence involving moral turpitude;

 

   (b)   he has not been frequently guilty of minor disciplinary offences;

 

   (c)   he has, in the opinion of the Commissioner, set a good example by his general conduct.

   (2) A candidate shall be ineligible for the Long Service and Good Conduct Medal if he has-

 

   (a)   been convicted of any offence of a nature deemed to bring the name of the Botswana Police Service into disrepute;

 

   (b)   incurred more than six convictions against discipline during the last 16 years of service:

 

         Provided that the award of a commendation by the Commissioner shall be considered to diminish by one the number of convictions referred to in this paragraph but shall not affect the candidate's eligibility or ineligibility for the medal in any other respect;

 

   (c)   been drunk on duty or, having been warned for duty, rendered himself unfit for such duty through drink.

 

4.   Service in other Forces

   Service in the civil Police Forces of other countries may, in the discretion of the Commissioner, be allowed to count towards the 18 years required period of qualifying service for the Botswana Police Long Service and Good Conduct Medal:

   Provided that-

 

   (i)   where services have been rendered in the Botswana Police Service and in one or more other Police Forces, approved by the Commissioner, an interval not exceeding 12 months between any two such periods of service shall not be regarded as breaking the continuity of such service; and

 

   (ii)   no more than eight years continuous service in another Service shall be counted towards the 18 years service total required as qualifying for the award of the medal.

 

5.   Recommendation

   Subject only to the requirements of regulations 3 and 4, the Commissioner shall be the sole judge as to whether the conduct of a candidate merits recommendation for the award.

POLICE REGULATIONS

 

(under section 63)

 

(19th September, 1988)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATION

 

 

 

PART I
Preliminary

 

   1.   Citation

 

   2.   Interpretation

 

 

PART II
Enlistment, Promotion, Acting Ranks and Seniority

 

   3.   Enlistment

 

   4.   Promotions

 

   5.   Acting ranks

 

 

PART III
Miscellaneous Matters relating to Retirement, Dismissal, Resignation and Termination of Appointment

 

   6.   Procedure relating to compulsory retirement, dismissal and termination of appointment

 

   7.   Supplementary provision in relation to termination of appointment on probation on first appointment

 

   8.   Resignation

 

   9.   Voluntary retirement

 

   10.   Compulsory retirement

 

   11.   Further restriction on resignation and retirement

 

   12.   Leave on departing from the Service

 

 

PART IV
Pensions and Gratuities on Retirement

 

   13.   Pensions

 

   14.   Gratuities

 

   15.   Reduced pension and gratuity

 

   16.   Declaration to remove doubt in relation to previous service

 

   17.   Pensionable service

 

   18.   Widow's and dependant's gratuity

 

   19.   Medical examination and treatment of pensioners

 

 

PART V
Supplementary Provisions relating to Appeals

 

   20.   Supplementary provision relating to appeals

 

 

PART VI
Pay and Related Matters

 

   21.   Pay

 

   22.   Incremental date

 

   23.   Stoppages of pay

 

   24.   Withholding pay

 

   25.   Deductions from pay and allowances

 

 

PART VII
Transfers, Transport, Travel and Related Allowances

 

   26.   Transfers within and outside the Service

 

   27.   Transfer expenses

 

   28.   Travel on transfer

 

   29.   Travel by air on transfer

 

   30.   Travel by own vehicle on transfer

 

   31.   ...

 

   32.   Transport, etc., on retirement

 

   33.   Transport on first appointment

 

   34.   Transport of officer's employee

 

   35.   Travel warrants

 

   36.   Travel by rail

 

   37.   Railway baggage allowance

 

 

PART VIII
Leave

 

   38.   Classification of leave

 

   39.   Accrual of vacation leave

 

   40.   Sick leave

 

   41.   Compassionate leave

 

   42.   Maternity leave

 

   43.   Leave without pay

 

   44.   Authority to grant leave

 

   45.   Limitation on grant of leave

 

   46.   Commutation of leave

 

 

PART IX
Medical

 

   47.   Medical examination and treatment

 

 

PART X
Accommodation

 

   48.   Accommodation

 

   48A.   Service transport

 

   48B.   Packing allowance

 

   48C.   Meals to be live provided

 

 

PART XI
Botswana Police Association

 

   49.   Establishment of Association

 

   50.   ...

 

   51.   Constables' Branch Boards

 

   52.   Sergeants' Branch Boards

 

   53.   Inspectors' Branch Boards

 

   54.   Senior Officers' Branch Boards

 

   55.   Divisional Joint Branch Boards

 

   56.   Central Joint Committee

 

   57.   Convening of meetings of Branch Boards and Central Joint Committee

 

   58.   Constitution of Joint Branch Boards and Central Joint Committee

 

   59.   Business of meetings of Branch Boards and Central Joint Committee

 

   60.   Resolutions and minutes of meetings of Branch Boards and Central Joint Committee

 

   61.   Commissioner's response

 

   62.   Voting at meetings of Branch Boards and Central Joint Committee

 

   63.   Quorum for meetings of Branch Boards and Central Joint Committee

 

   64.   Attendance at meetings of Branch Boards and Central Joint Committee to be facilitated

 

 

PART XII
Miscellaneous

 

   65.   Training accommodation

 

   66.   Mess, etc., subscriptions

 

   67.   Botswana Police Relief Fund

 

   68.   Botswana Police Savings and Loan Guarantee Scheme

 

 

S.I. 100, 1988,
S.I. 13, 1994,
S.I. 75, 1999,
Act 15, 2002,
S.I. 98, 2004,
S.I. 63, 2005.

PART I
Preliminary (regs 1-2)

 

1.   Citation

   These Regulations may be cited as the Police Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "appointing authority" means the appropriate authority in terms of section 8 of the Act;

   "approved leave destination", in relation to a police officer, means the place within Botswana approved by the Commissioner as the officer's destination for the purpose of any official leave granted to the officer;

   "Association" means the Botswana Police Association established by regulation 49(1);

   "dependant", in relation to a deceased police officer, means a spouse, dependant children and aged or disabled parents;

   "last day of active duty", in relation to a police officer, means the day on the expiration of which he ceases to be a police officer:

   Provided that, where that day falls on a day on which the officer is on leave, including travelling leave, in consequence of his departing the Service, the expression means the day immediately preceding the first day of that leave;

   "minor child", in relation to a police officer, means an unmarried minor child of the officer who is financially dependent on the officer, and who is under the age of 21 years;

   "police officer" or "officer" means a police officer who is a member of the Service;

   "Service" does not include special Constables or the Police Reserve;

   "Service Standing Orders" means orders issued or approved by the Commissioner in terms of section 4(2) of the Act;

   "temporary transfer", in relation to a police officer, means a transfer where the period of absence from the officer's substantive duty station is not less than 30 days and not more than 90 days.

PART II
Enlistment, Promotion, Acting Ranks and Seniority (regs 3-5)

 

3.   Enlistment

   (1) No person shall be appointed a police officer unless he is over the age of 18 years and under the age of 30 years:

   Provided that-

 

   (i)   where the President has directed, in terms of paragraph (i) of the proviso to section 8(1)(b) of the Act, that a person who is not a serving member of the Service may be appointed a senior officer; or

 

   (ii)   where the Commissioner is satisfied, in respect of a particular appointment to be made by him, that exceptional circumstances exist and that it is in the interest of the Service to do so,

the President, or the Commissioner, as the case may be, may extend the upper age limit prescribed by this subregulation.

   (2) At the end of a police officer's period of probationary service on first appointment, the appointing authority shall immediately confirm the officer's appointment unless the appointment has been terminated under section 14 of the Act.

   (3) Where he has any doubt as to the efficiency or acceptability of the behaviour of a police officer serving on probation on first appointment, the appointing officer may from time to time extend or further extend the period of 2 years' probationary service prescribed by paragraph (ii) of the proviso to section 8(1)(b) of the Act:

   Provided that a police officer's period of probationary service on first appointment shall in no case exceed four years.

 

4.   Promotions

   (1) Every promotion of a police officer shall be from the substantive rank currently held by him to a superior rank specified in the Schedule to the Act.

   (2) No police officer serving on probation on first appointment shall be promoted:

   Provided that a Constable so serving may be promoted, in accordance with such conditions as the Commissioner may from time to time establish, to any one of the cadet ranks specified in the Schedule to the Act.

   (3) Where the appointing authority so directs, an appointment to a superior rank on promotion shall be a probationary appointment for such period, not exceeding two years, as the appointing authority shall specify at the time of the appointment.

   (4) Where, in terms of subregulation (3), the appointing authority has specified a probationary period of less than two years, the authority may from time to time extend or further extend that period to a maximum period of two years.

   (5) Where an appointment to a superior rank on promotion is a probationary appointment, the appointing authority may, at any time during the probationary period, and shall, at the conclusion thereof-

 

   (a)   confirm the appointment, if the authority is satisfied that the police officer in question has conducted himself efficiently and in every way satisfactorily in the new rank; or

 

   (b)   direct that the police officer in question shall revert to his former rank, if the authority is not so satisfied, whereupon the officer shall so revert.

 

5.   Acting ranks

   (1) Where there is a deficiency in the numbers of a rank or the substantive holder of a rank is not readily available for duty, the appointing authority may appoint a police officer of a lower rank to act therein:

   Provided that a police officer shall not be appointed to act in a superior rank-

 

   (i)   in order to meet a deficiency in the numbers thereof, unless that rank is immediately superior to his substantive rank; or

 

   (ii)   in order to replace a substantive holder thereof who is not readily available for duty, unless that rank is not more than two ranks superior to his substantive rank.

   (2) The appointment of a police officer to act in a vacant rank superior to his or her substantive rank shall be for such period, not exceeding 12 months, as the appointing authority shall determine and, at the conclusion of that period, the police officer shall revert to his substantive rank unless he or she is then appointed again to act in the same or some other vacant rank superior to his or her substantive rank or appointed to the superior rank on promotion.

   (3) Where a police officer ceases to act in a rank which is superior to his or her substantive rank, he or she shall revert to his or her substantive rank unless he or she is then appointed to that superior rank or some other superior rank on promotion.

   (4) Where a police officer is, while acting in a rank superior to his substantive rank, appointed to the superior rank on promotion and the appointment is a probationary one, service in the superior rank immediately prior to the appointment shall count as part of the probationary period.

PART III
Miscellaneous Matters relating to Retirement, Dismissal, Resignation
and Termination of Appointment
(regs 6-12)

 

6.   Procedure relating to compulsory retirement, dismissal and termination of appointment

   (1) Where a police officer is retired under section 15(1) of the Act (other than under paragraph (c) (iv) thereof the appointing authority shall cause to be served on him, on or before the officer's last day of active duty or if that is not reasonably practicable, as soon after that day as is reasonably practicable, a statement in writing setting out the grounds of the retirement:

   Provided that no police officer shall be retired under section 15(1)(a) or (b) of the Act unless the appointing authority has caused to be served on him, at least three months immediately before the officer's last day of active duty notice in writing of the authority's intention to do so.

   (2) Subject to section 37 of the Act, where the appointing authority retires or dismisses a police officer from the Service and the officer wishes to appeal to the Police Council under that section against the retirement or dismissal, the appellant shall lodge the grounds for his appeal with the Commissioner within 14 days immediately after being informed of his retirement or dismissal and the Commissioner shall forthwith forward those grounds to the Police Council.

 

7.   Supplementary provision in relation to termination of appointment on probation on first appointment

   Where the appointing authority, under section 14 of the Act, terminates the appointment of a police officer serving on probation on first appointment, the authority shall give him or her 30 days notice of the authority's intention to do so.

 

8.   Resignation

   (1) The appointing authority shall not permit a police officer to resign from the Service unless the officer has given the appointing authority at least three months' notice in writing of his wish to do so:

   Provided that the appointing authority may permit a police officer to resign from the Service if he or she has given the authority at least one month's notice in writing of his or her wish to do so and, except in the case of an officer on probation, paid the Government one month's basic pay, including any police allowance he or she may have received.

   (2) Where the appointing authority is the Permanent Secretary, a notice under this regulation shall be lodged with the Commissioner who shall forthwith forward the same to the Permanent Secretary.

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