(b) The circumcision is performed for medical reasons on the recommendation
of a medical practitioner; and
(c) Proper counseling of the child is obtained, subject to the child's age,
maturity and level of understanding.
In terms of Section 62(4), a child above the age of 16 “may be circumcised only if he
consents thereto, has received proper counseling, and it has been certified by a
medical practitioner that the procedure is unlikely to cause him any harm, taking
into consideration his maturity and state of health.”
According to Section 62(5), any person “who coerces, pressures or deludes a child
into participating in any of the practices referred to in this section shall be guilty
of an offence and liable to a fine of not less than P10 000 but not more than P30
000, or to imprisonment for a term of not less than 12 months but not more than
three years or both.”
In addition, Section 63 of the Children’s Act 2009 provides that: “A person who
contravenes the provisions of Sections 59 to 63 shall be guilty of an offence and
liable to a fine of not less than P30 000 but not more than P50 000, or to
imprisonment for a term of not less than seven years but not more than 10 years, or
both.”
Although there are no official reports on arranged marriages in Botswana, it is
still believed that there are some cases of arranged marriages that are taking place
in some parts of the country, especially North West. The magnitude of the problem
is not known because these issues are considered culturally sensitive hence low
reporting.
ARTICLE 6
RIGHT TO LIBERTY AND SECURITY
The Right to liberty is guaranteed under Section 5 (1) of the Constitution which
provides that no person shall be deprived of his personal liberty except by operation
of the law.
The security and liberty of persons in the country is primarily safeguarded by
Botswana Police Service (BPS) whose mandate among others is to duly enforce all
the written laws, protect life and property, prevent and detect crime, repress
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