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Botswana Independence Act 1966

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This is the original version (as it was originally enacted).

6Pending appeals to Her Majesty in Council

(1)Without prejudice to any power conferred by or under section 5 of this Act, Her Majesty may by Order in Council confer on the Judicial Committee of the Privy Council such jurisdiction in respect of appeals to Her Majesty in Council from the Basutoland, Bechuanaland Protectorate and Swaziland Court of Appeal, being appeals which are pending immediately before the appointed day, and in which the records have been registered in the Office of the Privy Council before that day, as appears to Her to be appropriate for giving effect to any arrangements to which this subsection applies.

(2)The preceding subsection applies to any arrangements—

(a)made before the appointed day between Her Majesty's Government in the United Kingdom and the Government of the Bechuanaland Protectorate, or

(b)made on or after the appointed day between Her Majesty's Government in the United Kingdom and the Government of Botswana,

for any such appeals to be continued before and disposed of by the said Committee.

(3)An Order in Council under this section may, if the arrangements so require, direct that any appeal continued before the Judicial Committee of the Privy Council under this section shall abate on a date specified in the Order unless it has been heard by the Committee before that date; and an Order containing such a direction may contain provisions to facilitate the hearing of any such appeal before that date, including provisions as to the sittings of the said Committee and provisions for expediting the steps to be taken by the parties preliminary to the hearing of an appeal.

(4)An Order in Council under this section may determine the practice and procedure to be followed on any appeal continued before the said Committee under this section, and in particular may provide for the form of any report or recommendation to be made by the Judicial Committee of the Privy Council in the exercise of the jurisdiction conferred on that Committee under this section, and for its transmission to such authority in Botswana as may be specified in the Order.

(5)Except so far as otherwise provided by an Order in Council under this section, and subject to such modifications as may be so provided, the Judicial Committee Act 1833 shall apply in relation to appeals continued before the Judicial Committee of the Privy Council under this section as it applied in relation to those appeals before the appointed day.

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