CHAPTER I The Republic
10. Provisions to secure protection of law
(2) Every person who is charged with a criminal offence-
(d) shall be permitted to defend himself or herself before the court in person or, at his or her own expense, by a legal representative of his or her own choice;
BOTSWANA – CRIMINAL PROCEDURE AND EVIDENCE ACT
PART XIII - Procedure after Commencement of Trial (ss 176-197)
A. IN THE HIGH COURT AND MAGISTRATES' COURT (ss 176-1 84)
177. Defence by counsel, etc.
Every person charged with an offence is entitled to make his defence at his trial and to have the witnesses examined or cross-examined by his counsel, or other legal representative:
Provided that upon his trial before a magistrate's court, an accused person under the age of 16 years may be assisted by his natural or legal guardian, and any accused person who in the opinion of the court requires the assistance of another person may, with the permission of the court, be so assisted.
An Act to enable effect to be given in Botswana to certain international conventions made at Geneva on the 12th of August, 1949, and for purposes connected therewith.
Local Representation of Certain Persons
5. (1) The court before which -
(a) any person is brought up for trial for an offence under section 3 of this Act; or
(b) a protected prisoner of war or a protected internee is brought up for trial for any offence,
shall not proceed with the trial unless -
(i) the accused is represented by an advocate or attorney;
(ii) it is proved to the satisfaction of the court that a period of not less than fourteen days has elapsed since instructions for the representation of the accused at the trial were first given to the attorney by whom that advocate was instructed or by whom the accused is represented.
(2) Where the accused is a protected prisoner of war or a protected internee, in the absence of an advocate or attorney accepted by the accused as representing him, an advocate or attorney instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of the foregoing subsection, be regarded for the purposes of that subsection as representing the accused.
(3) If the court adjourns the trial by reason that the accused is not represented by an advocate or attorney, the court shall direct that an advocate, who shall have a right of audience not withstanding anything in section 9 of the Legal Practitioners Proclamation (Chapter 146), or an attorney be assigned to watch over the interests of the accused at any further proceedings in connection with the offence, and at any such further proceedings, in the absence of advocate or attorney either accepted by the accused as representing him or instructed as mentioned in the last preceding subsection, an advocate or an attorney, assigned in accordance with this subsection shall, without prejudice to the requirements of paragraph (ii) of subsection (1), be regarded for the purposes of that subsection as representing the accused.
(4) An advocate or an attorney shall be assigned in accordance with the last preceding subsection in such manner as the President may by regulation prescribe, and any advocate or attorney so assigned shall be entitled to be paid out of moneys provided by Parliament such sums in respect of fees and disbursements as the President may by regulation prescribe.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;