CHAPTER 04:01
COURT OF APPEAL

ARRANGEMENT OF SECTIONS

    SECTIONS

    1.    Short title

    2.    Interpretation

    3.    Seal of the Court of Appeal

    4.    Composition of the Court of Appeal

    4A.    Validation of previous appointments

    4B.    Validation of judicial pronouncements and judicial acts

    4C.    Validation of proceedings

    5.    Rank and precedence

    6.    Process and execution

    7.    Powers of Court of Appeal

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

    9.    Quorum of the Court of Appeal

    10.    Appeals as of right

    11.    Appeals by leave

    12.    Appeals by prosecution in criminal cases

    13.    Powers of Court of Appeal in criminal cases

    14.    Bail and stay of execution pending appeal

    15.    Reservation of question of law for Court of Appeal

    16.    Rules of Court of Appeal

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

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

[Date of Commencement: 1st May, 1973]

1.    Short title

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

2.    Interpretation

    In this Act, unless the context otherwise requires—

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

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

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

3.    Seal of the Court of Appeal

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

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

4.    Composition of the Court of Appeal

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

[3 of 2017, s. 2.]

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

[3 of 2017, s. 2.]

4A.    Validation of previous appointments

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

[3 of 2017, s. 3.]

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