Section 105-106 Constitution of Botswana 1966

Section 105, 106 of the Constitution of Botswana 1966 are under Part IV (Interpretation of the Constitution) of Chapter VI of the Constitution. Chapter VI is titled The Judicature.

Section 105 Botswana Constitution 1966

Reference to High Court of cases involving interpretation of Constitution

1. Where any question as to the interpretation of this Constitution arises in any
proceedings in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court may, and shall, if any
party to the proceedings so requests, refer the question to the High Court.

2. Where any question is referred to the High Court in pursuance of this section,
the High Court shall give its decision upon the question and the court in which
the question arose shall, subject to any appeal, dispose of the case in accordance
with that decision.

Section 106 Botswana Constitution 1966

Appeal to Court of Appeal

An appeal shall lie as of right to the Court of Appeal from any decision of the High
Court which involves the interpretation of this Constitution, other than a decision of
the High Court under section 69(1) of this Constitution:
Provided that no appeal shall lie from a determination of the High Court under this
section dismissing an application on the ground that it is frivolous or vexatious.

See also:

Section 103-104 Botswana Constitution 1966 (Judicial Service Commission)