oa Comparative and International Law Journal of Southern Africa - The offence of drunken driving in Botswana: problems of statutory interpretation and constitutionality

Volume 25, Issue 2
  • ISSN : 0010-4051



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.

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