NON CONVENTIONAL EXAM

UNIVERSITY OF BOTSWANA

DEPARTMENT OF LAW

END OF SEMESTER ONE FINAL EXAMINATIONS 2021/2022

FRONT PAGE

COURSE NO: LAW234 DURATION: 4HOURS DATE: DECEMBR. 2021

TITLE OF PAPER: CONSTITUTIONAL LAW

SUBJECT: LAW

TIME OF EXAMINATION: __________________________

MORNING/AFTERNOON
_____________________________________________________________

INSTRUCTIONS:

1. THERE ARE THREE QUESTIONS.

2. ANSWER ANY TWO QUESTIONS.

3. ALL QUESTIONS CARRY EQUAL MARKS.

4. CANDIDATES TO SUBMIT HAND WRITTEN OR TYPED ANSWERS AT

BLOCK 230/124 WITHIN THE FOUR HOURS OF THE EXAMINATION.

5. CANDIDATES TO INDICATE COURSE LECTURER ON COVER PAGE

6. CREDIT WILL BE GIVEN FOR:

a) EFFECTIVE ARRANGEMENT AND PRESENTATION;
b) CLARITY OF EXPLANATIONS;
c) EFFECTIVE USE OF RELEVANT AUTHORITIES;
d) LOGICAL ARGUMENT; AND
e) CLEAR AND CONCISE ENGLISH.
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QUESTION ONE

Onketsang has been the President of Botswana for almost 10 (ten) years. Some
2 (two) months before the end of his term, the main opposition party releases
information to the effect that the President has been engaged in acts of theft,
corruption and money laundering.

James reads about the foregoing allegations and becomes angry. He shares the
`rumours` with a group of fellow unemployed youths. After a week of thorough
preparation James stages a successful coup and appoints himself the President
of Botswana.

James immediately orders the arrest of President Onketsang and further

commands his trail. Onketsang approaches you to defend him at his trial. The
main issue before the court is in regard to immunity.

Advise Onketsang.
[30 marks]

QUESTION TWO

Kekana is a Member of Parliament for Kgosing Constituency and a prominent

member of the opposition party in the national assembly. He is known for his
outspokenness particularly on welfare issues involving public officers. In June
2020, he held a public rally at Kgosing East and accused the ruling party of giving
public service perpetual excuses for failure to increase their salaries. He singled
out Jeremiah, the Director of Public Service Management and accused him of
corruption and careless wastage of public funds on private matters. He repeats
the accusation on the floor of the National Assembly. The Herald Newspaper
publishes these accusations. Jeremiah contemplates suing both Kekana and the
Herald Newspaper.

Advise Kekana and the Herald Newspaper.

[30 marks]

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QUESTION THREE

“Every act of governmental power, i.e every act which affects the legal rights,
duties or liberties of any person, must be shown to have a strictly legal pedigree.
The affected person may always resort to the courts of law, and if the legal
pedigree is not found to be perfectly in order the courts will invalidate that
act……That is the principle of Legality. However the Rule of Law demands
something more.” H.W.R Wade & C.F.Forsyth, Administrative Law 7th ed, Page
25.

In the light of the above quotation, discuss the concept of the rule of law, in
context of a modern constitutional democracy.

[30 marks)

[END OF QUESTION PAPER]

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