CHAPTER 21:08
GOVERNMENT SECURITY SERVICE

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Establishment and Constitution of the Service

    3.    Establishment of the Service

    4.    Appointment of Officers

    5.    Application of Public Service General Orders to security officers

    6.    Chief Security Officer

    7.    Appointment of Security Service Council

    8.    Duties of Security Service Council

    9.    Complaints against the Service

    10.    Retirement, reduction in rank, dismissal and removal from office, termination of appointment

PART III
Functions, Duties and Restrictions of Security Officers

    11.    Functions of the Service

    12.    When security officer may arrest

    13.    Powers of search and seizure

    14.    Security officer to hand over arrested person to Botswana Police Service

    15.    Non-liability for act done under authority of a warrant

    16.    Co-operation with the Botswana Police Service and the Local Police Force

    17.    Security officer may be called upon for duty at any time

    18.    Security officer not to engage in employment outside the Service

    19.    Security officer not to be a member of a trade union etc.

Part IV
Government Security Service Rewards and Fines Fund

    20.    Establishment of Government Security Service Rewards and Fines Fund

PART V
Discipline, Offences and Penalties

    21.    Disciplinary offences

    22.    Board of Enquiry

    23.    Class I Board

    24.    Class II Board

    25.    Punishments to be awarded

    26.    Dismissal as a result of disciplinary action

    27.    Confirmation, consideration and review of sentences

    28.    Defence of security officers

    29.    Powers to summon and examine on oath

    30.    Fines or stoppage of salary

    31.    Interdiction

    32.    Appeals

    33.    Procedure on appeal

    34.    Mutiny

    35.    Desertion

    36.    Resignation

PART VI
Miscellaneous

    37.    Uniform, identity cards and equipment

    38.    Regulations

    39.    Transitional Provisions

        Schedule

Act 6, 2004.

An Act to establish and regulate the operations of a Government Security Service, to provide for the appointment of the Security Council, the establishment of the Government Security Service Rewards and Fines Fund and for matters incidental thereto and connected therewith.

[Date of Commencement: 13th February, 2004]

PART I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Government Security Service Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Administrative Secretary" means the Administrative Secretary in the Office of the President;

    "Board" means a Board appointed in terms of sections 22, 23 and 24;

    "Chief Security Officer" means the Chief Security Officer appointed by the Administrative Secretary;

    "Council" means the Security Service Council appointed in terms of section 7;

    "Government Security Service" means the Service responsible for the maintenance of security in government premises immediately before the coming into force of this Act;

    "junior officer" means a security officer of the rank of Security Inspector and below;

    "Service" means the Government Security Service established under section 3;

    "security officer" means an officer of the Service; and

    "senior officer" means a security officer of the rank of Assistant Security Superintendent and above.

PART II
Establishment and constitution of the Service (ss 3-10)

3.    Establishment of the Service

    (1) There is hereby established a Service to be known as the Government Security Service.

    (2) The Service shall consist of the Chief Security Officer and officers of the ranks set out in the Schedule.

    (3) The Minister may, by order published in the Gazette, amend the Schedule.

4.    Appointment of Officers

    Subject to the laws governing the public service, the—

    (a)    Administrative Secretary shall appoint the Chief Security Officer and the Deputy Chief Security Officer; and

    (b)    Chief Security Officer shall appoint security officers of the rank of Senior Security Superintendent and below.

5.    Application of Public Service General Orders to security officers

    Every security officer shall be subject to the Botswana Public Service General Orders in so far as such Orders are not inconsistent with the provisions of this Act.

6.    Chief Security Officer

    The Chief Security Officer shall, subject to this Act and the general direction of the Administrative Secretary, be responsible for the command, superintendence, direction and control of the Service.

7.    Appointment of Security Service Council

    (1) The Minister shall appoint a Council to be known as the Security Service Council consisting of not less than three or more than five members.

    (2) The Minister shall appoint a Chairman and Vice-Chairman from among the members appointed under subsection (1).

    (3) A member shall be appointed for such period not exceeding two years as the Minister may determine, at the end of which period a member shall be eligible for re-appointment.

    (4) Notice of the appointments made under subsection (1), their commencement dates and their duration shall be published by notice in the Gazette.

    (5) Upon giving notice in writing of not less than 14 days, a meeting of the Council shall be called by the Chairman and held at such times and at such places as the Council may determine.

    (6) The Council shall hold two ordinary meetings in each year.

    (7) Special meetings of the Council may be convened by the Chairman upon the giving of a shorter notice when he considers such meetings to be necessary and desirable.

    (8) A quorum of the Council shall be three of the members thereof.

    (9) Decisions of the Council at any meeting shall be made by a majority of the members present at the meeting, and in the event of an equality of votes the Chairman or other person presiding shall have a casting vote.

    (10) Subject to the provisions of this Act, the Council shall regulate its own procedure.