BOTSWANA – CRIMINAL PROCEDURE AND EVIDENCE ACT

PART VIII - Preparatory Examination

98. Persons committed for trial or sentence entitled to receive copy of depositions of witnesses
Every accused person who is committed for trial or sentence for any offence, shall be entitled to demand, and to have within a reasonable time in that behalf, from the person who has the lawful custody thereof, a copy of the depositions of the witnesses upon which he has been so committed and of his own statement and evidence (if any), and the person who has the lawful custody of such depositions, statements and evidence shall deliver a copy thereof to the person aforesaid or his legal representative on payment of a reasonable sum not exceeding seven thebe for each folio of 100 words, or, in any case where counsel is assigned by the court to defend the accused pro deo, shall deliver a copy thereof to the accused or such counsel free of charge:

Provided that

(i) if such demand is not made before the day appointed for the commencement of the trial of the person on whose behalf such demand is made, such person shall not be entitled to have any such copy of depositions, unless the judge presiding at the trial is of opinion that such copy may be made and delivered without delay or inconvenience to the trial, and

(ii) such judge may, if he thinks fit, postpone the trial by reason of such copy not having been previously had by the accused.

Article 67
Rights of the accused
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.