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(1) There shall be a Court of Appeal for Botswana which shall have such
jurisdiction and powers as may be conferred on it by this Constitution or any
other law.
(c) the Chief Justice and the other judges of the High Court:
Provided that Parliament may make provision for the office of President of
the Court of Appeal to be held by the Chief Justice ex-officio.
(3) The office of a Justice of Appeal shall not be abolished while there is a
substantive holder thereof.
(4) The Court of Appeal shall be a superior court of record and save as
otherwise provided by Parliament shall have all the powers of such a court.
Quorum... tenure
Where court sits for interpretation u/s 18, 106
for the protection of Bill of rights, -- 5 members
Sec.101. Tenure of office of judges of Court of
Appeal
Types of Appeal
1. Appeal as of right- from the decision of HC-- all
matters related to interpretation of constitution
All matters originating from original jurisdiction of High
court
cases from HC -- against fundamental rights
HC decision under supervisory jurisdiction
2. Appeal by Leave by HC / or By Court of Appeal itself
( where HC refuse to grant leave)
from interim order
From any order relating to cost only
from any order made with the consent of parties
Punishment
i. Chief and Regional Magis.- 15 yrs
punishment / fine P40,000/ or both / 12 strokes
II.-Principal Magis. 12 yrs punishment / fine
P30,000 / or both /10 strokes
Iii. Senior Magis 10 yrs punishment / fine P
20,000 / or both / 9 strokes
IV. Magis. Grade I 7 yrs punishment / fine P
15,000 / or both / 7 strokes
V. Magis Grade II- 5 yrs punishment / fine P
10,000 / or both / 5 strokes