oa Comparative and International Law Journal of Southern Africa - The offence of drunken driving in Botswana: problems of statutory interpretation and constitutionality
|Article Title||The offence of drunken driving in Botswana: problems of statutory interpretation and constitutionality|
|© Publisher:||Institute of Foreign and Comparative Law|
|Journal||Comparative and International Law Journal of Southern Africa|
|Affiliations||1 Department of Procedural Law, Vista University|
|Publication Date||Jul 1992|
|Pages||232 - 247|
|Keyword(s)||Botswana, Botswana Road Traffic Act, Criminalisation, Criminality, Drunken driving, Intoxication, Offences and Statutory interpretation|
The focus of this article is to explore the numerous interpretations accorded to sections 46(1) and 47(11) of the Botswana Road Traffic Act (hereinafter "the Act"). Through an examination of case law, this article attempts to probe the correctness of the decisions selected and specifically, it asks whether the section that creates the offence of drunken driving is constitutional. A necessary concomitant of the discussion is its attempt to proffer varied and and often conflicting solutions to the problems raised. It is anticipated that this will lead the reader a step closer to finding answers to what seems an intractable conundrum.
Article metrics loading...