ARRANGEMENT OF SECTIONS
SECTION
PART I
Introduction and Interpretation
1. Short title
2. Interpretation
PART II
Constitution and Administration
3. Constitution of the Service
4. Commissioner
5. Delegation of powers of Commissioner
6. Duties, functions and administration of Service
7. Employment of Service in emergency
PART III
Appointment, Attestation, Service and Discharge
8. Appointment of police officers
9. Declaration on attestation
10. Pensions and gratuities
11. Permission for resignation
12. Restriction on retirement
13. Interdiction
14. Termination of appointment
15. Retirement, reduction in rank, dismissal
15A. Compulsory retirement
15B. Voluntary retirement
PART IV
Powers, Duties and Privileges of Police Officers
16. General powers and duties
17. Duty to lay information and apply for summons, etc.
18. Powers with regard to fires
19. Other employment forbidden
20. Uniform and equipment
PART V
Discipline
21. Method of dealing with offences
21A. Offences committed outside Botswana
22. Offences for trial by criminal court
23. Disciplinary offences
24. Membership of political party, trade union, etc., forbidden
25. Powers of arrest and remand
26. Authorities for the trial of disciplinary offences
27. Punishment
28. Dismissal as a result of disciplinary action
29. Confirmation, consideration and review of sentences
30. Attendance of witnesses
31. Disobedience to summons
32. Witnesses' expenses
33. Defence of accused
34. Recovery of fines
35. Dismissal, etc., to be considered as punishment
36. Disciplinary action after acquittal of criminal charges
PART VI
Appeals
37. Appeals
38. Appeals procedure
39. Application of section 31 to proceedings before Police Council
PART VII
Rewards and Fines Fund
40. Establishment of Rewards and Fines Fund
41. Lost property
42. Unclaimed property
PART VIII
Special Constables
43. Appointment of special constables
44. Equipment for special constables
45. Powers of special constables
46. Termination of service of special constables
47. Delivery up of equipment
48. Death or injury of special constable
49. Remuneration of special constable
PART IX
Police Reserve
50. Formation of Police Reserve
51. Appointments to Police Reserve
52. Service to be voluntary
53. Equipment for Police Reserve
54. Powers and privileges of Police Reserve
55. Salary and allowances of Police Reserve
56. Death or injury of members of Police Reserve
PART X
General
57. Unauthorised wearing, etc., of police uniform
58. Obstruction
59. No attachment of property of police officer
60. Assignment of pay
61. Limitation of action
61A. Restraint on release, communication and use of certain knowledge skills, etc.
PART XI
Police Council
62. Appointment of Police Council
63. Duties of Police Council
64. Complaints against the Service
PART XII
Miscellaneous
65. Regulations
65A. Award of medals to members of Service
66. Botswana Police College to be a tertiary institution
Schedule
Act 29, 1978,
S.I. 157, 1978,
Act 18, 1980,
Act 15, 2002,
Act 20, 2018,
S.I. 84, 2018.
An Act to provide for the enrolment, discipline, control and administration of the Botswana Police Service; to provide for Special constables and for a Police Reserve and a Police Council; and for matters incidental thereto and connected therewith.
[Date of Commencement: 1st January, 1979]
PART I
Introduction and Interpretation (ss 1-2)
This Act may be cited as the Police Act.
In this Act, unless the context otherwise requires—
"appointing authority" means an authority referred to in section 8;
"appointment" includes recruitment, transfer, promotion, temporary appointment and acting appointment;
[20 of 2018, s. 2.]
"arms" includes firearms;
"Board" means a Board constituted in terms of section 26;
"Branch Commander" means any officer of the rank of Assistant Commissioner and above, who is in command of a branch of the Service;
[15 of 2002, s. 3(a).]
"Commissioner" means the Commissioner of Police appointed by the President in terms of section 112 of the Constitution;
"contract terms" means full time employment for a specified period of not less than 24 months;
[20 of 2018, s. 2.]
"Deputy Commissioner" means the persons appointed to hold the rank of Deputy Commissioner in terms of section 8(1)(a);
[20 of 2018, s. 2.]
"Force" ...
[15 of 2002, s. 3(b).]
"inspectorate" means those police officers of the rank of inspector or sub-inspector;
"junior officer" means a police officer of the rank of sergeant or below;
"part time terms" means employment for a specified period of time, which limits hours of work to less than the standard working hours for the particular type of employment in the Service;
[20 of 2018, s. 2.]
"pay" means the salary of a police officer in his substantive rank but does not include any allowances which have not been declared to be pensionable;
"permanent and pensionable" means full time employment for an unspecified period of time whose conditions of service attract the earning of a pension;
[20 of 2018, s. 2.]
"police camp" means an area set aside for occupation by police officers;
"police council" means the Police Council established under section 62;
"police officer" includes a special constable and a member of the Reserve Service but does not include a civilian employee;
[15 of 2002, s. 2, 15 of 2002, s. 3(c).]
"review authority" means the appropriate review authority under section 29;
"senior officer" means any police officer of or above the rank of Assistant Superintendent;
"Service" means the Botswana Police Service as constituted under this Act, and any reference in any enactment to the Botswana Police Force shall be construed as a reference to Botswana Police Service;
[15 of 2002, s. 3(a).]
"temporary terms" means full time employment for a specified period of time not exceeding 12 months.
[20 of 2018, s. 2.]
PART II
Constitution and Administration (ss 3-7)
3. Constitution of the
(1) The Service shall consist of the Commissioner of Police and such numbers of those ranks specified in the Schedule as the President may from time to time direct, and police officers shall rank for seniority in the order shown therein.
(2) The President may, by order published in the Gazette, amend the Schedule.
(1) The Commissioner shall, subject to this Act and the general direction of the President, have the command, superintendence, direction and control of the Service and shall be responsible to the President for maintaining peace and good order throughout Botswana.
(2) The Commissioner may, subject to this Act, issue or approve such orders for the general control and administration of the Service as he may deem necessary.
5. Delegation of powers of Commissioner
(1) Any power conferred on the Commissioner by this Act may, subject to the directions of the Commissioner, be exercised by the Deputy Commissioner.
[15 of 2002, s. 4.]
(2) Any power vested in the Commissioner by any enactment, may be delegated to an officer of or above the rank of Superintendent.
[15 of 2002, s. 4.]
6. Duties, functions and administration of
(1) The Service shall be employed in and throughout Botswana to protect life and property, prevent and detect crime, repress internal disturbances, maintain security and public tranquillity, apprehend offenders, bring offenders to justice, duly enforce all written laws with which it is directly charged and generally maintain the peace.
(1A) The Service—
(a) shall in the interest of national security co-operate and work with other security organs in the discharge of its mandate; and
(b) may enter into an agreement with any foreign law enforcement agency in the interest of national security, for the purpose of joint operations and sharing of information to enable co-operation in criminal matters.
[20 of 2018, s. 3.]
(1B) Nothing in this section shall preclude the disclosure of information by the Service to a comparable body in a foreign country for the purpose of assisting it in exercising functions corresponding to those of the Service under this Act.
[20 of 2018, s. 3.]
(1C) The Service shall regard, and deal with as confidential, all documents and information shared under this section.
[20 of 2018, s. 3.]
(2) For the performance of their duties under this Act police officers may carry arms.
(3) The Service shall perform such military duties within Botswana as may be required of it under the authority of the President as Commander-in-Chief of the Armed Forces.
(4) The control of the police in any place shall be vested in such police officer as may be appointed by the Commissioner to be in charge thereof; such officer shall carry out the orders of the Commissioner in all matters subject to this Act.
7. Employment of
The President may, in time of war or other emergency, employ the Service or part thereof in the defence of Botswana:
Provided that the Service or such part thereof when so employed shall remain, for the purpose of administration and discipline, under the command of the Commissioner.
PART III
Appointment, Attestation, Service and Discharge (ss 8-15)
8. Appointment of police officers
(1) Subject to this Act—
(a) the Permanent Secretary to the President shall, after consultation with the Commissioner, appoint fit and proper persons to hold the rank of Deputy Commissioner;
[15 of 2002, s. 5(a).]
(b) the Commissioner shall, whether or not the person appointed is already a member of the Service, be the appointing authority for—
(i) the ranks up to and including Senior Assistant Commissioner, and
(ii) civilian posts in the Service, for designations up to and including Director level:
Provided that the first two years of the service of any person appointed to be a member of the Service, or such longer period as the appointing authority shall direct, shall be on probation and any service spent in a prescribed organisation may count towards this period.
[20 of 2018, s. 4(a).]
(2) A police officer appointed on probation shall, subject to this Act, be confirmed in his appointment, and admitted to the permanent and pensionable establishment of the Service only on the authority of the relevant appointing authority:
Provided that—
(a) the Commissioner shall appoint fit and proper persons to the Service;
(b) the appointment of civilian staff under subsection (1)(b)(ii) may be on contract or permanent and pensionable terms; and
(c) the appointments made by the Commissioner under this Act may, subject to such terms as may be prescribed, be on—
(i) temporary terms, or
(ii) part time terms.
[20 of 2018, s. 4(b).]
(3) An appointing authority may appoint a police officer to act in a rank senior to his substantive appointment, and where the period of such acting appointment exceeds 28 days such officer shall, during such acting appointment, receive salary at the scale applicable to the senior rank at such incremental level as the appointing authority may decide.
(1) Every person on joining the Service shall make and sign a declaration before a senior officer in such form as may be prescribed, and at the same time shall acknowledge his appointment as a member of the Service on such form as may be prescribed.
(2) Every person shall, before making the declaration required by subsection (1), answer truly any questions put to him as to his previous service, academic qualifications, career and employment and as to whether he has at any time been convicted of any offence punishable by the laws of Botswana or the laws of any other country.
[15 of 2002, s. 6.]
(3) Any person who makes a false statement in reply to any question put to him under subsection (2) to obtain or to attempt to obtain admission to the Service shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding six months, or to both.
(4) The Commissioner may dismiss from the Service any person who contravenes subsection (2).
The grant of pensions and gratuities to members of the Service shall be in accordance with regulations made under this Act.
11. Permission for resignation
No police officer shall be at liberty to resign from the Service unless expressly permitted to do so by the appointing authority.
No police officer shall be at liberty to retire from the Service in time of emergency or war unless the Commissioner, acting with the consent of the President, orders otherwise.
(1) When any police officer is accused of a criminal or disciplinary offence against this Act or any other criminal offence under any enactment, the appointing authority may suspend such officer from duty for a period not exceeding three months pending the institution and determination of proceedings against such officer but the officer shall, during the period of suspension, continue to receive full pay and benefits.
[15 of 2002, s. 7(a).]
(2) Where a police officer, who is suspended under subsection (1), is charged with a criminal or disciplinary offence before a court or a Board, the appointing authority shall interdict him.
[20 of 2018, s. 5(a).]
(2A) An interdicted officer under subsection (2) shall receive such portion of his pay, not being less than one-half, as the appointing authority may determine, and if the proceedings against such officer—
(a) do not result in his dismissal or any other punishment, he shall be entitled to the full amount of the pay he would have received had he not been interdicted; or
(b) result in his dismissal or any other punishment, he shall forfeit the withheld portion of his salary.
[20 of 2018, s. 5(a).]
(3) When any police officer has been interdicted from duty under subsection (2) and is not under arrest, a senior officer may order that pending the institution and determination of proceedings against such officer he shall—
[15 of 2002, s. 7(c)(i).]
(a) be confined to his quarters or other place of residence during such hours as the senior officer may decide;
(b) restrict his movements to any area which such senior officer may decide;
(c) forthwith surrender uniform and such equipment to the senior officer:
[20 of 2018, s. 5(b).]
Provided that where any conflict arises between an order under this subsection and any conditions of bail imposed by any court, the latter shall prevail.
[15 of 2002, s. 7(c)(ii).]
14. Termination of appointment
(1) An appointing authority may at any time terminate the appointment of a police officer serving on probation on first appointment if he considers that such officer is unlikely to become an efficient officer, but only after inviting him to show cause why his appointment should not be terminated:
Provided that in the case of an officer of the rank of Deputy Commissioner, the appointing authority shall act after consultation with the Commissioner.
[15 of 2002, s. 8(a).]
(2) The termination of an appointment under this section shall not prejudice the granting of any terminal benefits the police officer would otherwise be entitled to.
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