Botswana’s Constitution of 1966 with Amendments through 2005

Judicial Independence

 
Article 10. Provisions to secure protection of law 1. If any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established or recognized by law.
 

Judicial Council or Parallel Institution

 
Article 96. Appointment of judges of High Court. 1. The Chief Justice shall be appointed by the President. 2. The other judges of the High Court shall be appointed by the President, acting in accordance with the advice of the Judicial Service Commission. […] Article 103. Composition and procedure. 1. There shall be a Judicial Service Commission for Botswana which shall consist of— a. the Chief Justice who shall be Chairman; b. the President of the Court of Appeal (not being the Chief Justice or the most Senior Justice of the Court of Appeal); c. the Attorney-General; d. the Chairman of the Public Service Commission; e. a member of the Law Society nominated by the Law Society; and f. a person of integrity and experience not being a legal practitioner appointed by the President.
 

Attorney General’s Office

 
Article 51. Attorney-General 1. There shall be an Attorney-General appointed by the President whose office shall be a public office. 2. A person shall not be qualified to be appointed to the Office of Attorney-General unless he or she is qualified to be appointed to the Office of a Judge of the High Court. 3. The Attorney-General shall be the principal legal adviser to the Government. 4. A person holding the Office of Attorney-General shall vacate his or her office when he or she attains the age of 60 years or such other age as may be prescribed by Parliament.