PENAL CODE OF BOTSWANA

PART II - OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Offences relating to the Administration of Justice (ss 111-123)

111. Perjury and subornation of perjury

(1) Any person who, in any judicial proceedings, or for the purpose of instituting any judicial proceedings, knowingly gives false testimony touching any matter which is material to any question then pending in those proceedings or intended to be raised in those proceedings, is guilty of the offence termed perjury.

(2) For the purposes of subsection (1) it is immaterial-

(a) whether the testimony is given on oath or under any other sanction authorized by law;
(b) as regards the forms and ceremonies used in administering the oath or in otherwise binding the person giving the testimony to speak the truth, if such person assents to the forms and ceremonies used;
(c) whether the false testimony is given orally or in writing;
(d) whether the court or tribunal is properly constituted, or is held in the proper place or not, if it actually acts as a court or tribunal in the proceeding in which the testimony is given;
(e) whether the person who gives the testimony is a competent witness or not, or whether the testimony is admissible in the proceeding or not.

(3) Any person who aids, abets, counsels, procures, or suborns another person to commit perjury is guilty of the offence termed subornation of perjury.

PENAL CODE OF BOTSWANA

PART II- Crimes

DIVISION II - OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Offences relating to the Administration of Justice (ss 111-123)

116. Fabricating evidence

Any person who with intent to mislead any tribunal in any judicial proceeding-

(a) fabricates evidence by any means other than perjury or subornation of perjury; or

(b) knowingly makes use of such fabricated evidence, is guilty of an offence and is liable to imprisonment for a term not exceeding seven years.

PENAL CODE OF BOTSWANA

PART II- Crimes

DIVISION II - OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE

Offences relating to the Administration of Justice (ss 111-123)

118. Deceiving witnesses

Any person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any person called or to be called as a witness in any judicial proceeding, with intent to affect the testimony of such person as a witness, is guilty of an offence.

PENAL CODE OF BOTSWANA

PART II - Crimes

DIVISION II - OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Offences relating to the Administration of Justice (ss 111-123)

119. Destroying evidence

Any person who, knowing that any book, document, or thing of any kind whatsoever, is or may be required in evidence in a judicial proceeding, wilfully removes or destroys it or renders it illegible or undecipherable or incapable of identification, with intent thereby to prevent it from being used in evidence, is guilty of an offence.

PENAL CODE OF BOTSWANA

PART II Crimes

DIVISION II - OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY

Offences relating to the Administration of Justice (ss 111-123)

120. Conspiracy to defeat justice and interference with witnesses Any person who-

(a) conspires with any other person to accuse any person falsely of any crime or to do anything to obstruct, prevent, pervert, or defeat the course of justice;

(b) in order to obstruct the due course of justice, dissuades, hinders or prevents any person lawfully bound to appear and give evidence as a witness from so appearing and giving evidence, or endeavours to do so; or

(c) obstructs or in any way interferes with or knowingly prevents the execution of any legal process, civil or criminal, is guilty of an offence and is liable to imprisonment for a term not exceeding five years.

Article 70
Offences against the administration of justice
1. The Court shall have jurisdiction over the following offences against its administration of justice when committed intentionally:
(a) Giving false testimony when under an obligation pursuant to article 69, paragraph 1, to tell the truth;
(b) Presenting evidence that the party knows is false or forged;
(c) Corruptly influencing a witness, obstructing or interfering with the attendance or testimony of a witness, retaliating against a witness for giving testimony or destroying, tampering with or interfering with the collection of evidence;
(d) Impeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties;
(e) Retaliating against an official of the Court on account of duties performed by that or another official;
(f) Soliciting or accepting a bribe as an official of the Court in connection with his or her official duties.