UNIVERSITY OF BOTSWANA

DEPARTMENT OF LAW

LAW 131: INTRODUCTION TO LAW

TEST 2

26 - 27 OCTOBER 2023

INSTRUCTIONS:

1. There are TWO questions.

2. Answer any ONE question.
3. All questions carry equal marks.
4. The answers must be handwritten, maximum 4 pages.
5. Your answer script should be submitted to office No. 230/116 (All groups) by 11AM.
6. Credit would be given for:
o Relevance;
o Effective arrangement and presentation;
o Clarity of explanation;
o Logical argument;
o Clear and concise English.

Question One

Adam is a political science student at the University of Botswana. In June 2023, he

invited his classmates, friends, relatives and members of the public to an event at
his house in Tsholofelo West. There was an usher who stood at the gate to allow
all who have been invited to go in. Those who were not invited stood outside the
yard and watched the proceedings from there. While making his speech Adam
could be seen by people within the yard and those outside. In his speech which
was heard by those in the yard and those outside, Adam said that Mr Alfred, the
Member of Parliament (National Assembly) for Tsholofelo West, was not
delivering services to the constituency and towards the end of his speech he
screamed “Mr Alfred”! and with his left hand raised, he lifted the middle finger of
his right hand and did this three times.
The Police arrested Adam and charged him with using insulting language against a
member of the National Assembly in terms of Section 93 of the Penal Code
(Chapter 08:01) which provides that:

Section 93 Abusive, obscene or insulting language re President and others

Any person who in a public place or at a public gathering uses insulting

language in relation to the President, any other member of the National
Assembly or any public officer is guilty of an offence and liable to a fine not
exceeding P400.

Adam contends that the event was not “in a public place or at a public gathering”
and that the words he used do not amount to “insulting language.”

The Longman Dictionary defines language as:

a) the words, their pronunciation, and the methods of combining them used
and understood by a community e.g studied the French language.

b) a systematic means of communicating ideas or feelings by the use of

conventionalized signs, sounds, gestures, or marks having understood
meanings.

With the aid of relevant authorities, advise Adam on how Section 93 ought to be
interpreted and on whether or not he committed a crime under the said
provision.
[20 marks]

Question 2

Thato has recently been following Parliamentary debates on motions to introduce

Bills in Parliament. He is intrigued by the various arguments for and against Bills
by Members of Parliament and wonders how politicians have the requisite
acumen to draft such laws. During one of the sessions, he heard one of the
Members of Parliament commenting that the Constitution of Botswana gives
Parliament the powers to make law and therefore, Parliament should be held in
high regard, and treated as a superior institution in the arms of Government.

Critically explain to Thato the correctness or otherwise of the Member of

Parliament’s statement.

[20 marks]