internal disturbances, apprehend offenders, bring offenders to justice, and generally maintain public tranquillity, peace and security.24 While the Police are responsible for law enforcement, they are not above the law. Any victim of unlawful arrest or detention has an enforceable right to compensation, which can be realised through legal action. In the case of Nkunga v. Attorney General 2010 (1) BLR 342 (HC), the plaintiff was awarded damages after successfully suing the Government for unlawful arrest and detention. ARTICLE 7&26 RIGHT TO A HEARING; RIGHT TO APPEAL; RIGHT TO PRESUMPTION OF INNOCENCE; RIGHT TO BE DEFENDED BY COUNSEL OF CHOICE; RIGHT TO BE TRIED WITHIN A REASONABLE TIME AND DUTY TO GUARANTEE THE INDEPENDENCE OF THE JUDICIARY Section 3 of the Constitution accords every person in Botswana the protection of his fundamental rights and freedoms. Right to a Hearing Section 10 (1) of the Constitution guarantees any person who is charged with a criminal offence to be given a fair hearing within a reasonable time, by an independent and impartial court of law. And in protecting his/her right to a fair trial, the Courts are cognizant of the fact that, “Justice must not only be done, it must also be seen to be done.” Right to Appeal The individual’s fundamental rights and freedoms are also promoted and protected through the right to appeal. Prior to 2012, the Court of Appeal used to have two sessions in a year. However, to facilitate access to the courts and the exercise of the right to appeal, the Court now sits on a full time basis. It has eight (8) Justices and is headquartered in Gaborone. Not only is the right of appeal exercised through the Court of Appeal but also through the High Court, the Magistrate Court, the Industrial Court and the Customary Court of Appeal. 24 Botswana Police Act, Cap 21:01, Section 6). 38 | P a g e