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.