Constitution of Botswana 1966

Botswana Constitution 1966

Botswana is a country in Southern Africa with over two million people in population. The present Constitution of Botswana commenced on September 30, 1966. The constitution has 9 chapters, 127 sections, and 2 schedules.

Chapters, Parts and Sections

Chapter I

Section 1 Botswana Constitution 1966 – Declaration of Republic

Section 2 Botswana Constitution 1966 – Public Seal

Chapter II – Protection of Fundamental Rights and Freedoms of the Individual

Section 3 Botswana Constitution 1966 – Fundamental rights and freedoms of the individual

Section 4 Botswana Constitution 1966 – Protection of right to life

Section 5 Botswana Constitution 1966 – Protection of right to personal liberty

Section 6 Botswana Constitution 1966 – Protection from slavery and forced labour

Section 7 Botswana Constitution 1966 – Protection from inhuman treatment

Section 8 Botswana Constitution 1966 – Protection from deprivation of property

Section 9 Botswana Constitution 1966 – Protection for privacy of home and other property

Section 10 Botswana Constitution 1966 – Provisions to secure protection of law

Section 11 Botswana Constitution 1966 – Protection of freedom of conscience

Section 12 Botswana Constitution 1966 – Protection of freedom of expression

Section 13 Botswana Constitution 1966 – Protection of freedom of assembly and association

Section 14 Botswana Constitution 1966 – Protection of freedom of movement

Section 15 Botswana Constitution 1966 – Protection from discrimination on the grounds of race, etc.

Section 16 Botswana Constitution 1966 – Derogation from fundamental rights and freedoms

Section 17 Botswana Constitution 1966 – Declarations relating to emergencies

Section 18 Botswana Constitution 1966 – Enforcement of protective provisions

Section 19 Botswana Constitution 1966 – Interpretation and savings

Chapter III – Citizenship

Section 20-29 Botswana Constitution 1966 – Repealed.

Chapter IV – The Executive

Part I – The President and the Vice-President

Section 30 Botswana Constitution 1966 – Office of President

Section 31 Botswana Constitution 1966 – First President

Section 32 Botswana Constitution 1966 – Election of President after dissolution of Parliament

Section 33 Botswana Constitution 1966 – Qualification for election as President

Section 34 Botswana Constitution 1966 – Tenure of office of President

Section 35 Botswana Constitution 1966 – Vacancy in office of President

Section 36 Botswana Constitution 1966 – Discharge of functions of President during absence, illness, etc

Section 37 Botswana Constitution 1966 – Oath of President

Section 38 Botswana Constitution 1966 – Returning officer at elections of President

Section 39 Botswana Constitution 1966 – Vice President

Section 40 Botswana Constitution 1966 – Salary and allowances of President

Section 41 Botswana Constitution 1966 – Protection of President in respect of legal proceedings

Part II – The Cabinet

Section 42 Botswana Constitution 1966 – Ministers and Assistant Ministers

Section 43 Botswana Constitution 1966 – Tenure of office of Ministers and Assistant Ministers

Section 44 Botswana Constitution 1966 – Cabinet

Section 45 Botswana Constitution 1966 – Oaths to be taken by Ministers and Assistant Ministers

Section 46 Botswana Constitution 1966 – Secretary to the Cabinet

Part III – Executive Functions

Section 47 Botswana Constitution 1966 – Functions of President

Section 48 Botswana Constitution 1966 – Command of armed forces

Section 49 Botswana Constitution 1966 – Functions of Vice-President

Section 50 Botswana Constitution 1966 – Functions of Cabinet Ministers and Assistant Ministers

Section 51 Botswana Constitution 1966 – Attorney-General

Section 51A Botswana Constitution 1966 – Director of Public Prosecutions

Section 52 Botswana Constitution 1966 – Permanent Secretaries

Section 53 Botswana Constitution 1966 – Prerogative of Mercy

Section 54 Botswana Constitution 1966 – Advisory Committee on Prerogative of Mercy

Section 55 Botswana Constitution 1966 – Functions of Advisory Committee on Prerogative of Mercy

Section 56 Botswana Constitution 1966 – Constitution of offices

Chapter V – Parliament

Part I – Composition

Section 57 Botswana Constitution 1966 – Parliament

Section 58 Botswana Constitution 1966 – Composition of National Assembly

Section 59 Botswana Constitution 1966 – Speaker

Section 60 Botswana Constitution 1966 – Deputy Speaker

Section 61 Botswana Constitution 1966 – Qualifications for election to National Assembly

Section 62 Botswana Constitution 1966 – Disqualifications for membership of National Assembly

Section 63 Botswana Constitution 1966 – Constituencies

Section 64 Botswana Constitution 1966 – Delimitation Commission

Section 65 Botswana Constitution 1966 – Report of Commission

Section 65A Botswana Constitution 1966 – Appointment of Independent Electoral Commission

Section 66 Botswana Constitution 1966 – Appointment of Secretary to Independent Electoral Commission

Section 67 Botswana Constitution 1966 – The franchise

Section 68 Botswana Constitution 1966 – Tenure of office of Members

Section 69 Botswana Constitution 1966 – Determination of questions as to membership of National Assembly

Section 70 Botswana Constitution 1966 – Clerk of the Assembly

Part II – General Provisions Relating to Procedure in National Assembly

Section 71 Botswana Constitution 1966 – Oaths to be taken by Speaker and Members

Section 72 Botswana Constitution 1966 – Presiding in Assembly

Section 73 Botswana Constitution 1966 – Quorum in Assembly

Section 74 Botswana Constitution 1966 – Voting in Assembly

Section 75 Botswana Constitution 1966 – Unqualified persons sitting or voting

Section 76 Botswana Constitution 1966 – Regulation of procedure in Assembly

Part III – Ntlo ya Dikgosi

Section 77 Botswana Constitution 1966 – Establishment and composition of Ntlo ya Dikgosi

Section 78 Botswana Constitution 1966 – Designation and selection of Members to Ntlo ya Dikgosi

Section 79 Botswana Constitution 1966 – Qualifications for membership of Ntlo ya Dikgosi

Section 80 Botswana Constitution 1966 – Oath of allegiance

Section 81 Botswana Constitution 1966 – Secretary to Ntlo ya Dikgosi

Section 82 Botswana Constitution 1966 – Tenure of office of Members of Ntlo ya Dikgosi

Section 83 Botswana Constitution 1966 – Rules of Procedure of Ntlo ya Dikgosi

Section 84 Botswana Constitution 1966 – Ntlo ya Dikgosi may transact business notwithstanding vacancies

Section 85 Botswana Constitution 1966 – Functions of Ntlo ya Dikgosi

Part IV – Powers of Parliament

Section 86 Botswana Constitution 1966 – Legislative powers

Section 87 Botswana Constitution 1966 – Mode of exercising legislative powers

Section 88 Botswana Constitution 1966 – Introduction of Bills

Section 89 Botswana Constitution 1966 – Alteration of Constitution

Part V – Summoning, Prorogation and Dissolution

Section 90 Botswana Constitution 1966 – Sessions of Parliament

Section 91 Botswana Constitution 1966 – Prorogation and dissolution of Parliament

Section 92 Botswana Constitution 1966 – Vote of no confidence in the Government

Section 93 Botswana Constitution 1966 – Sittings of National Assembly

Part VI – Interpretation

Section 94 Botswana Constitution 1966 – Votes of two-thirds of the Assembly

Chapter VI – The Judicature

Part I – The High Court

Section 95 Botswana Constitution 1966 – Jurisdiction and composition

Section 96 Botswana Constitution 1966 – Appointment of judges of High Court

Section 97 Botswana Constitution 1966 – Tenure of office of judges of High Court

Section 98 Botswana Constitution 1966 – Oaths to be taken by judges of High Court

Part II – Court of Appeal

Section 99 Botswana Constitution 1966 – Composition and jurisdiction

Section 100 Botswana Constitution 1966 – Appointment of judges of Court of Appeal

Section 101 Botswana Constitution 1966 – Tenure of office of judges of Court of Appeal

Section 102 Botswana Constitution 1966 – Oaths to be taken by judges of Court of Appeal

Part III – Judicial Service Commission

Section 103 Botswana Constitution 1966 – Composition and procedure

Section 104 Botswana Constitution 1966 – Appointment, etc., of judicial officers

Part IV – Interpretation of the Constitution

Section 105 Botswana Constitution 1966 – Reference to High Court of cases involving interpretation of Constitution

Section 106 Botswana Constitution 1966 – Appeal to Court of Appeal

Section 107 Botswana Constitution 1966 – [Repealed]

Chapter VII – The Public Service

Section 108 Botswana Constitution 1966 – Power to specify qualifications for certain offices

Section 109 Botswana Constitution 1966 – Public Service Commission

Section 110 Botswana Constitution 1966 – Appointment, etc., of public officers

Section 111 Botswana Constitution 1966 – Appeals to President

Section 112 Botswana Constitution 1966 – Powers of President in relation to certain public offices

Section 113 Botswana Constitution 1966 – Tenure of office of Director of Public Prosecutions

Section 114 Botswana Constitution 1966 – Tenure of office of Auditor-General

Section 115 Botswana Constitution 1966 – Pensions laws and protection of pensions rights

Section 116 Botswana Constitution 1966 – Power of Commissions in relation to pensions, etc

Chapter VIII – Finance

Section 117 Botswana Constitution 1966 – Consolidated Fund

Section 118 Botswana Constitution 1966 – Withdrawals from Consolidated Fund or other public funds

Section 119 Botswana Constitution 1966 – Authorization of expenditure

Section 120 Botswana Constitution 1966 – Authorization of expenditure in advance of appropriation

Section 121 Botswana Constitution 1966 – Contingencies Fund

Section 122 Botswana Constitution 1966 – Remuneration of certain officers

Section 123 Botswana Constitution 1966 – Public debt

Section 124 Botswana Constitution 1966 – Auditor-General

Chapter IX – Miscellaneous

Section 125 Botswana Constitution 1966 – Resignations

Section 126 Botswana Constitution 1966 – Reappointments and concurrent appointments

Section 127 Botswana Constitution 1966 – Interpretation

Schedules

First Schedule Botswana Constitution 1966 – ELECTION OF SPECIALLY ELECTED MEMBERS OF THE NATIONAL ASSEMBLY

Second Schedule Botswana Constitution 1966 – DIVISION OF DISTRICTS INTO REGIONS FOR THE PURPOSE OF SELECTING MEMBERS OF NTLO YA DIKGOSI

Second Schedule Botswana Constitution 1966

Second Schedule Constitution of Botswana 1966

DIVISION OF DISTRICTS INTO REGIONS FOR THE PURPOSE OF SELECTING MEMBERS OF NTLO YA DIKGOSI

THE CENTRAL DISTRICT

1. Bobirwa Region

2. Boteti region

3. Mahalapye Region

4. Serowe Region

5. Tonota Region

6. Tswapong Region

7. Tutume Region

THE GHANZI DISTRICT

8. Ghanzi East Region

9. Ghanzi West Region

THE KGALAGADI DISTRICT

10. Kgalagadi North Region

11. Kgalagadi South Region

THE KWENENG DISTRICT

12. Letlhakeng Region

13. Molepolole Region

14. Thamaga Region

THE NORTH WEST DISTRICT

15. Maun Region

16. Ngami Region

17. Okavango Region

THE SOUTHERN DISTRICT

18. Kanye Region

19. Moshupa Region

20. Ngwaketse West Region.

First Schedule Constitution of Botswana 1966

ELECTION OF SPECIALLY ELECTED MEMBERS OF THE NATIONAL ASSEMBLY

1. 1. In this Schedule—
• “by-election” means an election to fill a vacancy among the Specially
Elected Members occurring otherwise than upon a dissolution of
Parliament;
• “general election” means an election to fill the vacancies among the
Specially Elected Members occurring upon a dissolution of Parliament;
• “the Speaker” means the Speaker of the National Assembly; and
• “prescribed” means prescribed by rules made under paragraph 2 of this
Schedule.

1.2. At any time when the office of Speaker is vacant or the holder of that office is
unable by reason of absence or illness to exercise the functions vested in him or
her by this Schedule those functions may be exercised by the Deputy Speaker of
the National Assembly or, if there is no Deputy Speaker or the Deputy Speaker is unable by reason of absence or illness to exercise those functions, by such Member of the Assembly (not being the President or Vice-President or a Minister or Assistant Minister) as the Assembly may elect for that purpose.

2. Subject to the provisions of this Schedule the National Assembly may make rules
for the election of its Specially Elected Members.

3. Elections of Specially Elected Members shall be conducted by the Speaker and,
subject to the provisions of this Schedule and of any rules made under paragraph
2 thereof, shall be conducted in such manner as he or she may direct.

4.1. The President shall nominate six candidates for election in the case of a general
election and he or she shall nominate one candidate for election in the case of a
by-election.

4.2 The names of the six candidates or, as the case may be, the name of the one
candidate nominated for election by the President under the foregoing subparagraph shall be presented to the National Assembly in such manner as may be prescribed, and any Elected Member of the Assembly (other than the President if he is an Elected Member) shall thereupon be entitled to nominate six candidates for election in the case of a general election and one candidate for election in the case of a by-election.

4.3 A list of the candidates nominated for election by the President and the Elected
Members of the National Assembly under the foregoing provisions of this
paragraph shall be prepared, and each Elected Member of the Assembly shall be
entitled to vote—
a. in the case of a general election, for six candidates; and
b. in the case of a by-election, for one candidate,
on the list so constituted.

4.4 The vote of every Elected Member of the National Assembly shall be given by
ballot in such a manner as not to disclose how he or she has voted.

4.5 An Elected Member of the National Assembly shall not cast more than one vote
for any one candidate.

5.1. The Speaker shall cause elections of Specially Elected Members to be held—
a. in the case of a general election, as soon as practicable after the holding of a
general election of the Elected Members of the National Assembly and
before the Assembly first meets after that general election; and
b. in the case of a by-election, as soon as practicable after a vacancy has
occurred among the Specially Elected Members.

5.2 A meeting of the Elected Members of the National Assembly that is held for the
purpose of a general election shall be summoned by the Speaker.

5.3 No other business than the holding of a general election may be transacted at
any meeting of the Elected Members of the National Assembly summoned under subparagraph (2) of this paragraph and such a meeting shall not be regarded as a meeting of the Assembly for the purposes of any other provision of this Constitution.

6. When the votes have been cast, whether at a general election or at a by-election, a list shall be prepared showing the persons for whom votes have been cast in order according to the number of votes received by each of them, the person or persons who received the highest number of votes being placed first and those who received any lower number of votes being placed in descending order.

7. In the case of a general election, and subject to the provisions of paragraph 9 of
this Schedule, those persons shall be deemed to have been elected as Specially Elected Members who stand in the first and each succeeding place on the list
until the number of persons to be elected as Specially Elected Members has been completed.

8. In the case of a by-election, and subject to the provisions of paragraph 10 of this
Schedule, the person who stands in the first place on the list shall be deemed to
have been elected.

9. Where, by reason of an equality of votes between them, the number of candidates in any place on the list who would otherwise be deemed to have been elected under paragraph 7 of this Schedule exceeds the number of persons remaining to be elected as Specially Elected Members after the persons in the preceding places have been elected, none of the candidates in that place or in any succeeding place shall be deemed to have been elected and a further election shall be held to fill the vacancies still remaining among the Specially Elected Members; and the provisions of this Schedule shall apply in relation to that further election as if it were a general election where the total number of Specially Elected Members was equal to the number of vacancies still remaining to be filled.

10. Where, in a by-election, two or more candidates equally receive the highest
number of votes, no candidates shall be deemed to have been elected and a further by-election shall be held, in accordance with the provisions of this Schedule, at which only those candidates who received the highest number of votes in the original by-election may again stand as candidates.

Section 125-127 Botswana Constitution 1966

Section 125-127 Constitution of Botswana 1966

Section 125, 126, 127 of the Constitution of Botswana 1966 are under Chapter IX of the Constitution. Chapter IX is titled Miscellaneous.

Section 125 Botswana Constitution 1966

Resignations

1. Any person who is appointed or elected to any office established by this
Constitution may resign from that office by writing under his or her hand
addressed to the person or authority by whom he or she was appointed or
elected:
Provided that in the case of a person who holds office as President his or her
resignation from that office shall be addressed to the Chief Justice, in the case of
a person who holds office as Speaker or Deputy Speaker of the National
Assembly his or her resignation from that office shall be addressed to the
Assembly, in the case of an Elected or Specially Elected Member of the Assembly
his or her resignation shall be addressed to the Speaker, and in the case of a
Member of the Ntlo ya Dikgosi his or her resignation from that office shall be
addressed to the Chairman of the Ntlo ya Dikgosi.

2. The resignation of any person from any office established by this Constitution
shall take effect on the date or at the time indicated in the writing signifying the
resignation or, if no such date or time is so indicated, at the time the writing is
received by the person or authority to whom it is addressed or by any person
authorized by that person or authority to receive it.

Section 126 Botswana Constitution 1966

Reappointments and concurrent appointments

1. Where any person has vacated any office established by this Constitution, he or
she may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.

2. Where a power is conferred by this Constitution upon any person to make any
appointment to any office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

Section 127 Botswana Constitution 1966

Interpretation

1. In this Constitution unless the context otherwise requires—
• “the Assembly” means the National Assembly;
• “Botswana” means the territory that, on 29th September, 1966, was
comprised in the former Protectorate of Bechuanaland;
• “Chief” and “Sub-Chief” have the meanings assigned to those expressions in
the Chieftainship Act;
• “financial year” means the period of 12 months ending on 31st March in any
year or on such other day as Parliament may prescribe;
• “the Gazette” means the Botswana Government Gazette;
• “high judicial office” means the office of a judge of a court of unlimited
jurisdiction in civil and criminal matters in Botswana, a Commonwealth
country or in any country outside the Commonwealth that may be
prescribed by Parliament or the office of judge of a court having jurisdiction
in appeals from such a court;
• “Kgosana” (pl. Dikgosana) means Headman;
• “oath” includes affirmation;
• “the oath of allegiance” means such oath of allegiance as may be prescribed
by law;
• “public office” means, subject to the provisions of subsections (2) and (3) of
this section, an office of emolument in the public service;
• “public officer” means a person holding or acting in any public office;
• “the public service” means the civil service of the Government;
• “session” means the sittings of the National Assembly beginning when it
first sits after the coming into operation of this Constitution or after
Parliament is prorogued or dissolved at any time and ending when
Parliament is prorogued or is dissolved without having been prorogued;
• “sitting” means a period during which the National Assembly is sitting
without adjournment and includes any period during which it is in
committee;
• “subordinate court” means any court established for Botswana other
than—
a. the Court of Appeal;
b. the High Court;
c. a court martial; or
d. the Industrial Court.

2. In this Constitution, unless the context otherwise requires, references to offices
in the public service shall be construed as including references to the offices of
judges of the Court of Appeal and judges of the High Court and the offices of
members of all subordinate courts (being offices the emoluments attaching to
which, or any part of the emoluments attaching to which, are paid directly out of
moneys provided by Parliament).

3. For the purposes of this Constitution a person shall not be considered to be a
public officer by reason only that he or she is in receipt of any remuneration or
allowance as the President, Vice-President, a Minister or Assistant Minister,
Speaker, Deputy Speaker or Member of the Assembly, a Member of the Ntlo ya
Dikgosi or a member of any Commission established by this Constitution.

4. For the purposes of this Constitution, a person shall not be considered as
holding a public office by reason only of the fact that he or she is in receipt of a
pension or other like allowance in respect of service under the Government of
Botswana or the former Protectorate of Bechuanaland.

5. In this Constitution, unless the context otherwise requires, a reference to the
holder of an office by the term designating his or her office shall be construed as
including a reference to any person for the time being lawfully acting in or
performing the functions of that office:
Provided that nothing in this subsection shall apply to references to the
President or Vice-President in section 35, 36 or 39 of this Constitution.

6. In this Constitution, unless it is otherwise provided or required by the context, a
reference to the power to make appointments to any office shall be construed as
including a reference to the power to make appointments on promotion and
transfer and to confirm appointments and to the power to appoint a person to
act in or perform the functions of that office at any time when the office is
vacant or the holder thereof is unable (whether by reason of absence or
infirmity of mind or body or any other cause) to perform the functions of that
office.

7. References in this Constitution to the power to remove a public officer from his
or her office shall be construed as including references to any power conferred
by any law to require or permit that officer to retire from the public service:
Provided that nothing in this subsection shall be construed as conferring on any
person or authority power to require a judge of the Court of Appeal or the High
Court, the Auditor-General or the Attorney-General to retire from the public
service.

8. Any provision in this Constitution that vests in any person or authority power to
remove any public officer from his or her office shall be without prejudice to the
power of any person or authority to abolish any office or to any law providing for
the compulsory retirement of public officers generally or in any class of public
officer on attaining an age specified therein.

9. Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself or herself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.

10. No provision of this Constitution that any person or authority shall not be
subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law.

11. Where any power is conferred by this Constitution to make any Act, order, regulation or rule, or to give any direction or instruction, the power shall be construed as including the power, exercisable in like manner to amend or revoke
any such Act, order, regulation, rule, direction or instruction.

12. Any reference in this Constitution to a law made before 30th September, 1966
shall be construed as a reference to that law as it had effect on 29th September, 1966.

13. The Cap. 01:04 Interpretation Act, 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to
Acts of the Parliament of the United Kingdom.

Section 117-124 Botswana Constitution 1966

Section 117-124 Constitution of Botswana 1966

Section 117, 118, 119, 120, 121, 122, 123, 124 of the Constitution of Botswana 1966 are under Chapter VIII of the Constitution. Chapter VIII is titled Finance.

Section 117 Botswana Constitution 1966

Consolidated Fund

All revenues or other moneys raised or received for the purposes of the Government
of Botswana (not being revenues or other moneys that are payable by or under any
law into some other fund established for a specific purpose or that may by or under any law be retained by the department of Government that received them for the
purposes of defraying the expenses of that department) shall be paid into and form
one Consolidated Fund.

Section 118 Botswana Constitution 1966

Withdrawals from Consolidated Fund or other public funds

1. No moneys shall be withdrawn from the Consolidated Fund except—
a. to meet expenditure that is charged upon the Fund by this Constitution or
by any Act of Parliament;
b. where the issue of those moneys has been authorized by an Appropriation
Act, by a supplementary estimate approved by resolution of the National
Assembly or by a law enacted in pursuance of section 120 of this
Constitution.

2. No moneys shall be withdrawn from any public fund of Botswana other than the
Consolidated Fund unless the issue of those moneys has been authorized by or
under a law.

3. No moneys shall be withdrawn from the Consolidated Fund except in the
manner prescribed by Parliament.

4. The deposit of any moneys forming part of the Consolidated Fund with a bank or
with the Crown Agents for Overseas Governments and Administrations or the investment of any such moneys in securities in which, under the law for the time
being in force in Botswana, trustees are authorized to invest, or the making of
advances to such extent and in such circumstances as may be prescribed by Parliament, shall not be regarded as a withdrawal of those moneys from the
Fund for the purposes of this section.

Section 119 Botswana Constitution 1966

Authorization of expenditure

1. The Minister for the time being responsible for finance shall cause to be
prepared and laid before the National Assembly, before or not later than 30
days after the commencement of each financial year, estimates of the revenues
and expenditure of Botswana for that year.

2. The organisations of expenditure contained in the estimates for a financial year
(other than expenditure charged upon the Consolidated Fund by this Constitution or any other law) shall be included in a Bill to be known as an Appropriation Bill which shall be introduced into the Assembly to provide for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified in the said Bill.

3. If in any financial year it is found—
a. that the amount appropriated by the Appropriation Act for the purposes included in any organisation of expenditure is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Appropriation Act; or
b. that any moneys have been expended on any organisation of expenditure in
excess of the amount appropriated for the purposes included in that organisation by the Appropriation Act or for a purpose for which no amount has been appropriated by the Appropriation Act, a supplementary estimate showing the sums required or spent shall be laid before the National Assembly and the organisations of expenditure shall be included in a supplementary Appropriation Bill, or in a motion or motions approving such expenditure, which shall be introduced or moved in the
Assembly.

4. Where any supplementary expenditure has been approved in a financial year by
a resolution of the National Assembly in accordance with the provisions of subsection (3) of this section, a supplementary Appropriation Bill shall be introduced in the National Assembly, not later than the end of the financial year next following, providing for the appropriation of the sums so approved.

Section 120 Botswana Constitution 1966

Authorization of expenditure in advance of appropriation

Parliament may make provision under which, if the Appropriation Act in respect of
any financial year has not come into operation by the beginning of that financial year, the President may authorize the withdrawal of moneys from the Consolidated Fund for the purpose of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of that financial year or the coming into operation of the Appropriation Act, whichever is the earlier.

Section 121 Botswana Constitution 1966

Contingencies Fund

1. Parliament may make provision for the establishment of a Contingencies Fund
and for authorizing the President, if satisfied that there has arisen an urgent and
unforeseen need for expenditure for which no other provision exists, to make
advances from that Fund to meet that need.

2. Where any advance is made from the Contingencies Fund, a supplementary
estimate shall be laid before the National Assembly as soon as possible for the
purpose of replacing the amount so advanced.

Section 122 Botswana Constitution 1966

Remuneration of certain officers

1. There shall be paid to the holders of the offices to which this section applies such
salaries and such allowances as may be prescribed by Parliament.

2. The salaries and any allowances payable to the holders of the offices to which
this section applies shall be a charge on the Consolidated Fund.

3. The salary payable to the holder of any office to which this section applies and
his or her terms of office, other than allowances, shall not be altered to his or her
disadvantage after his or her appointment.

4. Where a person’s salary or terms of office depend upon his or her option, the
salary or terms for which he or she opts shall, for the purposes of subsection (3)
of this section, be deemed to be more advantageous to him or her than any
others for which he or she might have opted.

5. This section applies to the offices of judge of the Court of Appeal, judge of the
High Court, member of the Public Service Commission, member of the Judicial
Service Commission, member of the Delimitation Commission, Director of
Public Prosecutions and Attorney-General.

Section 123 Botswana Constitution 1966

Public debt

1. There shall be charged on the Consolidated Fund all debt charges for which
Botswana is liable.

2. For the purposes of this section debt charges include interest, sinking fund
charges, the repayment or amortization of debt, and all expenditure in connection with the raising of loans on the security of the revenues or the Consolidated Fund of the former Protectorate of Bechuanaland or Botswana, and the service and redemption of debt thereby created.

Section 124 Botswana Constitution 1966

Auditor-General

1. There shall be an Auditor-General, whose office shall be a public office.

2. The public accounts of Botswana and of all officers, courts and authorities of the
Government of Botswana shall be audited and reported on by the Auditor-General and for that purpose the Auditor-General or any person authorized by him or her in that behalf shall have access to all books, records, reports and other documents relating to those accounts:
Provided that, if it is so provided by Parliament in the case of any body corporate
directly established by law, the accounts of that body corporate shall be audited
and reported on by such person as may be specified by or under that law.

3. The Auditor-General shall submit his or her reports to the Minister responsible for finance, who shall cause them to be laid before the National Assembly.

4. The Auditor-General shall perform such other duties and exercise such other powers in relation to the accounts of the Government or the accounts of other
public authorities or other bodies as may be prescribed by or under any Act of
Parliament.

5. In the exercise of his or her functions the Auditor-General shall not be subject to
the direction or control of any other person or authority.

See also:

Section 108-116 Botswana Constitution 1966 (The Public Service)

Section 108-116 Botswana Constitution 1966

Section 108-116 Constitution of Botswana 1966

Section 108, 109, 110, 111, 112, 113, 114, 115, 116 of the Constitution of Botswana 1966 are under Chapter VII of the Constitution. Chapter VII is titled The Public Service.

Section 108 Botswana Constitution 1966

Power to specify qualifications for certain offices

Subject to the provisions of this Constitution and of any Act of Parliament, power to
specify the qualifications and disqualifications for holding such public offices as he or she may constitute shall vest in the President.

Section 109 Botswana Constitution 1966

Public Service Commission

1. There shall be a Public Service Commission for Botswana which shall consist of a
Chairman and not less than two nor more than four other members.

2. The members of the Public Service Commission shall be appointed by the
President.

3. A person shall not be qualified for appointment as a member of the Public
Service Commission if he or she is a Member of the National Assembly or a
public officer, or is or has within the two years immediately preceding his or her
appointment been actively engaged in politics.

4. For the purposes of this section a person shall be deemed to be or to have been
actively engaged in politics in circumstances in which he or she would be
deemed to be or to have been so engaged for the purposes of section 64(4)(b) of
this Constitution.

5. Subject to the provisions of this section, the office of a member of the Public
Service Commission shall become vacant—
a. at the expiration of three years from the date of his or her appointment;
b. if any circumstances arise that, if he or she were not a member of the
Commission, would cause him or her to be disqualified for appointment as
such; or
c. if he or she is removed from office in accordance with the provisions of
subsection (6) of this section.

6. Subject to subsection (7) of this section a member of the Public Service
Commission may be removed from office by the President for inability to
discharge the functions of his or her office (whether arising from infirmity of
body or mind or any other cause) or for misbehaviour.

7. If the President considers that the question of removing a member of the Public
Service Commission under subsection (6) of this section ought to be investigated, then—
a. the President shall appoint a tribunal which shall consist of a Chairman and
not less than two other members selected by the Chief Justice from among
persons who hold or have held high judicial office; and
b. the tribunal shall enquire into the matter and report on the facts thereof to
the President and recommend to him or her whether the member ought to
be removed under subsection (6) of this section, and the President shall act
in accordance with that recommendation.

8. A member of the Public Service Commission shall not be removed from office
except in accordance with the provisions of this section.

9. If the office of Chairman of the Public Service Commission is vacant or if the
person holding that office is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, those functions shall be performed by such one of the other members of the Commission as may be designated in that behalf by the President.

10. If at any time there are less than two members of the Public Service Commission
besides the Chairman or if any such member is appointed to act as Chairman or is for any reason unable to perform the functions of his or her office, the President may appoint a person who is qualified for appointment as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (5)(b) of this section, continue to act until the office in which he or she is acting is filled, or as the case may be, until the holder thereof resumes his or her functions or until his or her appointment to act is revoked by the President.

11. Except as provided in subsection (13) of this section the Public Service Commission shall not be subject to the direction or control of any other person or authority in the exercise of its functions under this Constitution.

12. A member of the Commission shall not enter upon the duties of his or her office
until he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by Parliament.

13. Provision may be made by or under an Act of Parliament prescribing the procedure of the Commission and, subject thereto, the Commission may regulate its own procedure.

14. Except as may be otherwise provided in its rules or procedure, the Commission
may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.

15. Any decision of the Commission shall require the concurrence of a majority of
all the members thereof.

16. A member of the Commission shall not, during the tenure of his or her office or
during the three years immediately following such tenure, be eligible for appointment to any public office other than that of Ambassador, High Commissioner or other principal representative of Botswana in any other country or accredited to any international organization.

Section 110 Botswana Constitution 1966

Appointment, etc., of public officers

1. Subject to the provisions of this section and of sections 111, 113 and 114 of this
Constitution, power to appoint persons to hold or to act in any office in the public service, to exercise disciplinary control over persons holding or acting in such offices and to remove from such offices shall vest in such person or persons as may be prescribed by Act of Parliament.

2. The provisions of this section shall not apply in relation to the following offices,
that is to say—
a. the office of judge of the Court of Appeal or of the High Court;
b. any office to which section 104 or 112 of the Constitution applies.

3. Before any person or persons as may have been prescribed under the provisions
of subsection (1) exercise power to appoint to or to act in any public office any person who holds or is acting in any office the power to make appointments to
which is vested by this Constitution in the President acting in accordance with
the advice of the Judicial Service Commission such person shall consult with the
Judicial Service Commission.

Section 111 Botswana Constitution 1966

Appeals to President

1. Any person other than a member of the Botswana Police Force or the Prison
Service who has been removed from office or subjected to any other
punishment by the exercise of any powers conferred on any person under the
provisions of section 110 of this Constitution may appeal to the Public Service
Commission who may dismiss such appeal or allow it wholly or in part.

2. Subject to the provisions of subsection (3) every decision of the Public Service
Commission under the provisions of this section shall be final.

3. Notwithstanding anything contained in subsection (2) if the Public Service
Commission dismisses an appeal or allows it in part only the person who
appealed may appeal to the President.

4. If any person appeals to the President in accordance with the provisions of
subsection (3) of this section the President shall either dismiss the appeal or
shall order that it be heard by a tribunal appointed by the President, the
Chairman of which shall be a person who holds or has held high judicial office or
is qualified to be appointed as a judge of the High Court.

5. If the President appoints a tribunal to hear an appeal in accordance with
subsection (4) of this section the tribunal shall hear the appeal and shall advise
the President whether or not the appeal should be allowed either wholly or in
part, and the President shall act in accordance with that advice.

Section 112 Botswana Constitution 1966

Powers of President in relation to certain public offices

1. The power to appoint a person to hold or act in offices to which this section
applies and to remove from office and to exercise disciplinary control over
persons holding or acting in such offices shall, subject to the provisions of
sections 113 and 114 of this Constitution, vest in the President.

2. The offices to which this section applies are—
a. Ambassador, High Commissioner or other principal representative of
Botswana in any other country or accredited to any international
organisation;
b. Secretary to the Cabinet;
c. Attorney-General;
cA. Director of Public Prosecutions;
d. Permanent Secretary;
e. Commissioner of Police; and
f. any other superscale office (other than an office to which this Constitution
makes specific provision for appointment or an office to which appointment
is made under the provisions of section 104 of this Constitution) which may
be prescribed by Act of Parliament.

Section 113 Botswana Constitution 1966

Tenure of office of Director of Public Prosecutions

1. Subject to the provisions of this section, a person appointed as Director of Public
Prosecutions shall hold office for a 5 year renewable term or until he or she
attains the age of 60 years, whichever is the earlier.

2. A person holding the office of Director of Public Prosecutions may be removed
from office only for inability to perform the functions of his or her office
(whether arising from infirmity of body or mind or any other cause) or for
misbehaviour or for incompetence and shall not be so removed except in
accordance with the provisions of this section.

3. If the President considers that the question of removing a person holding the
office of Director of Public Prosecutions from office ought to be investigated
then-
a. he or she shall appoint a tribunal which shall consist of a Chairman and not
less than two other members, who hold or have held high judicial office; and
b. the tribunal shall enquire into the matter and report on the facts thereof to
the President and advise the President whether the person holding the
office of Director of Public Prosecutions ought to be removed from office
under this section for inability as aforesaid or for misbehaviour or for
incompetence.

4. Where a tribunal appointed under subsection (3) of this section advises the
President that a person holding the office of Director of Public Prosecutions
ought to be removed from office for inability as aforesaid or for misbehaviour or
for incompetence, the President shall remove such person from office.

5. If the question of removing a person holding the office of Director of Public
Prosecutions from office has been referred to a tribunal under this section, the
President may suspend that person from performing the functions of his or her
office, and any such suspension may at any time be revoked by the President and
shall in any case cease to have effect if the tribunal advises the President that
the person ought not to be removed from office.

Section 114 Botswana Constitution 1966

Tenure of office of Auditor-General

1. Subject to the provisions of this section, a person holding the office of
Auditor-General shall vacate his or her office when he or she attains the age of
60 years or such other age as may be prescribed by Parliament.

2. A person holding the office of Auditor-General may be removed from office only
for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not
be so removed except in accordance with the provisions of this section.

3. If the National Assembly resolves that the question of removing a person holding the office of Auditor-General from office under this section ought to be investigated then—
a. the Assembly shall, by resolution, appoint a tribunal which shall consist of a
Chairman and not less than two other members, who hold or have held high
judicial office;
b. the tribunal shall enquire into the matter and report on the facts thereof to
the Assembly;
c. the Assembly shall consider the report of the tribunal at the first convenient sitting of the Assembly after it is received and may, upon such consideration, by resolution, remove the Auditor-General from office.

4. If the question of removing a person holding the office of Auditor-General from
office has been referred to a tribunal under this section, the National Assembly may, by resolution, suspend that person from performing the functions of his or her office, and any such suspension may at any time be revoked by the Assembly by resolution and shall in any case cease to have effect if, upon consideration of the report of the tribunal in accordance with the provisions of this section, the Assembly does not remove the Auditor-General from office.

Section 115 Botswana Constitution 1966

Pensions laws and protection of pensions rights

1. The law to be applied with respect to any pensions benefits that were granted to
any person before the coming into operation of this Constitution shall be the law
that was in force at the date on which those benefits were granted or any law in
force at a later date that is not less favourable to that person.

2. The law to be applied with respect to any pensions benefits (not being benefits
to which subsection (1) of this section applies) shall—
a. in so far as those benefits are wholly in respect of a period of service as a
public officer that commenced before the date on which this Constitution
comes into operation, be the law that was in force immediately before that
date; and
b. in so far as those benefits are wholly or partly in respect of a period of
service as a public officer that commenced after the date on which this
Constitution comes into operation, be the law in force on the date on which
that period of service commenced, or any law in force at a later date that is not less favourable to that person.

3. Where a person is entitled to exercise an option as to which of two or more laws
shall apply in his or her case, the law for which he or she opts shall, for the purposes of this section, be deemed to be more favourable to him or her than the other law or laws.

4. All pensions benefits shall (except to the extent to which under any law providing for the funding of pensions benefits they are a charge on a fund established by that law and have been duly paid out of that fund to the person or authority to whom payment is due) be a charge on the Consolidated Fund.

5. In this section “pensions benefits” means any pensions, compensation, gratuities
or other like allowances for persons in respect of their service as public officers or as members of the armed forces or for the widows, children, dependants or personal representatives of such persons in respect of such service.

6. References in this section to the law with respect to pensions benefits include
(without prejudice to their generality) references to the law regulating the circumstances in which such benefits may be granted or in which the grant of such benefits may be refused, the law regulating the circumstances in which any such benefits that have been granted may be withheld, reduced in amount or suspended and the law regulating the amount of any such benefits.

7. In this section references to service as a public officer include references to service as a public officer of the former Protectorate of Bechuanaland.

Section 116 Botswana Constitution 1966

Power of Commissions in relation to pensions, etc

1. Where under any law any person or authority has a discretion—
a. to decide whether or not any pensions benefits shall be granted; or
b. to withhold, reduce in amount or suspend any such benefits that have been
granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.

2. Where the amount of any pensions benefits that may be granted to any person
is not fixed by law, the amount of the benefits to be granted to him or her shall be the greatest amount for which he or she is eligible unless the appropriate Commission concurs in his or her being granted benefits of a smaller amount.

3. The appropriate Commission shall not concur under subsection (1) or subsection
(2) of this section in action taken on the ground that any person who holds or has held the office of a judge of the Court of Appeal or of the High Court or the Auditor-General or Director of Prosecutions has been guilty of misbehaviour unless he or she has been removed from office by reason of such misbehaviour.

4. In this section “the appropriate Commission” means—
a. in the case of benefits for which any person may be eligible in respect of the service in the public service of a person who, immediately before he ceased to be a public officer, was subject to the disciplinary control of the Judicial Service Commission or that have been granted in respect of such service, the Judicial Service Commission;
b. in any other case, the Public Service Commission.

5. In this section “pensions benefits” means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers (including service as public officers of the former Protectorate of Bechuanaland) or for the widows, children, dependants or personal representatives of such persons in respect of such service.

See also:

Section 107 Botswana Constitution 1966

Section 107 Constitution of Botswana 1966

Section 107 of the Constitution of Botswana 1966 are under Part V (Judicial Committee) of Chapter VI of the Constitution. Chapter VI is titled The Judicature.

[Repealed]

See also:

Section 105-106 Botswana Constitution 1966 (Interpretation of the Constitution)

Section 105-106 Botswana Constitution 1966

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)

Section 103-104 Botswana Constitution 1966

Section 103-104 Constitution of Botswana 1966

Section 103, 104 of the Constitution of Botswana 1966 are under Part III (Judicial Service Commission) of Chapter VI of the Constitution. Chapter VI is titled The Judicature.

Section 103 Botswana Constitution 1966

Composition and procedure

1. There shall be a Judicial Service Commission for Botswana which shall consist
of—
a. the Chief Justice who shall be Chairman;
b. the President of the Court of Appeal (not being the Chief Justice or the most Senior Justice of the Court of Appeal);
c. the Attorney-General;
d. the Chairman of the Public Service Commission;
e. a member of the Law Society nominated by the Law Society; and
f. a person of integrity and experience not being a legal practitioner appointed by the President.

2. A member nominated under paragraph (e) or appointed under paragraph (f) of
subsection (1) shall hold office for a period of two years, but shall be eligible for re-nomination or re-appointment, as the case may be, for another term of office for two years:
Provided that—
i. a member nominated under paragraph (e) may be removed from office by
the rest of the members of the Commission acting together only for inability of the member to discharge the functions of his or her office whether arising from infirmity of mind or body or any other cause or for gross misbehaviour; or
ii. a member appointed under paragraph (f) may be removed from office by
the President only for inability of the member to discharge the functions of
his or her office whether arising from infirmity of mind or body or any other
cause or for gross misbehaviour.

3. A member of the Commission shall not enter upon the duties of his or her office
until he or she has taken and subscribed such oath for the due execution of his or
her office as may be prescribed by Parliament.

4. The Judicial Service Commission shall not be subject to the direction or control
of any other person or authority in the exercise of its functions under this Constitution.

5. The Commission may regulate its own procedure and, subject to that procedure, may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or
participation of any person not entitled to be present at or to participate in
those proceedings.

6. The decisions of the Commission shall be by the vote of a majority of the members present, and in the event of an equality of votes, the Chairman shall have a casting vote.

Section 104 Botswana Constitution 1966

Appointment, etc., of judicial officers

1. Power to appoint persons to hold or act in offices to which this section applies, to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the President acting in accordance with the advice of the Judicial Service Commission.

2. The offices to which this section applies are—
a. the office of Registrar of the Court of Appeal and High Court;
b. all offices of magistrate;
c. such other offices of President or member of any court or connected with any court as may be prescribed by or under an Act of Parliament.

3. In this section references to a court do not include references to a court martial.

See also:

Section 99-102 Botswana Constitution 1966 (Court of Appeal)

Section 99-102 Botswana Constitution 1966

Section 99-102 Constitution of Botswana 1966

Section 99, 100, 101, 102 of the Constitution of Botswana 1966 are under Part II (Court of Appeal) of Chapter VI of the Constitution. Chapter VI is titled The Judicature.

Section 99 Botswana Constitution 1966

Composition and jurisdiction

1. There shall be a Court of Appeal for Botswana which shall have such jurisdiction
and powers as may be conferred on it by this Constitution or any other law.

2. The judges of the Court of Appeal shall be—
a. the President of the Court of Appeal;
b. such number, if any, of Justices of Appeal as may be prescribed by
Parliament; and
c. the Chief Justice and the other judges of the High Court:
Provided that Parliament may make provision for the office of President of the Court of Appeal to be held by the Chief Justice ex-officio.

3. The office of a Justice of Appeal shall not be abolished while there is a
substantive holder thereof.

4. The Court of Appeal shall be a superior court of record and save as otherwise
provided by Parliament shall have all the powers of such a court.

Section 100 Botswana Constitution 1966

Appointment of judges of Court of Appeal

1. The President of the Court of Appeal shall, unless that office is held ex-officio by
the Chief Justice, be appointed by the President.

2. The Justices of Appeal, if any, shall be appointed by the President, acting in
accordance with the advice of the Judicial Service Commission.

3. A person shall not be qualified to be appointed as a judge of the Court of Appeal
unless—
a. he or she holds, or has held office as, a judge of a court having unlimited
jurisdiction in civil and criminal matters in Botswana, in a Commonwealth
country or in any country outside the Commonwealth that may be prescribed by Parliament or a court having jurisdiction in appeals from such a court; or
b. he or she is qualified to practise as an advocate or attorney in such a court
and has been qualified for not less than ten years to practise as an advocate
or attorney in such a court; or
c. he or she is qualified to practise as an advocate or attorney and he or she has had experience in the teaching of law in a recognised university for not less than ten years.

4. In computing, for the purposes of subsection (3) of this section, the period during
which any person has been qualified to practise as an advocate or attorney any
period during which he or she has held judicial office after becoming so qualified
shall be included.

5. If the office of President of the Court of Appeal is vacant or if the President of
the Court of Appeal is for any reason unable to perform the functions of his or
her office, then, until a person has been appointed to and has assumed the
functions of that office or until the President of the Court of Appeal has resumed
those functions, as the case may be, those functions shall be performed by such
one of the other judges of the Court of Appeal or such other person qualified for
appointment as a judge of the Court of Appeal as the President may appoint for
that purpose:
Provided that—
i. a person may be appointed under this subsection notwithstanding that he
or she has attained the age of 70 years or such other age as may be prescribed for the purposes of section 101 of this Constitution;
ii. a person appointed under this subsection, who is not a judge of the Court of
Appeal, may, notwithstanding the assumption or resumption of the functions of the office of President of the Court of Appeal by the holder of that office, continue to act as a judge of the Court of Appeal for so long thereafter and to such extent as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her previously thereto.

6. If the office of a Justice of Appeal is vacant or if any Justice of Appeal is appointed to act as Chief Justice or President of the Court of Appeal or is for any reason unable to perform the functions of his or her office, the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person qualified for appointment as a Justice of Appeal to act as a Justice of
Appeal:
Provided that a person may be so appointed notwithstanding that he or she has attained the age of 70 years or such other age as may be prescribed for the purposes of section 101 of this Constitution.

7. Any person appointed under subsection (6) of this section to act as a Justice of
Appeal, shall subject to the provisions of section 101(4) and (5) of this Constitution, continue to act for the period of his or her appointment or, if no such period is specified, until his or her appointment is revoked by the President, acting in accordance with the advice of the Judicial Service Commission: Provided that the President, acting in accordance with the advice of the Judicial Service Commission, may permit a person whose appointment to act as a Justice of Appeal has expired or been revoked to continue to act as such a judge for such period as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her previously thereto.

Section 101 Botswana Constitution 1966

Tenure of office of judges of Court of Appeal

1. Subject to the provisions of this section, a person holding the office of a judge of
the Court of Appeal shall vacate that office on attaining the age of 70 years or such other age as may be prescribed by Parliament:
Provided that—
i. the President, acting in accordance with the advice of the Judicial Service Commission, may permit a judge who has attained that age to continue in office for such period as may be necessary to enable him or her to deliver judgment or to do any other thing in relation to proceedings that were commenced before him or her before he or she attained that age;
ii. a person may be appointed as President of the Court of Appeal or as a Justice of Appeal for a fixed period of three years notwithstanding that he or she has attained the age referred to in this subsection or that he or she will before the expiry of his or her appointment have attained that age; and
iii. the appointment as President of the Court of Appeal or as Justice of Appeal
serving for a fixed period under paragraph (ii) above shall not affect the
date at which he or she is due to retire.

2. A judge of the Court of Appeal may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section.

3. If the President considers that the question of removing a judge of the Court of Appeal under this section ought to be investigated then—
a. he or she shall appoint a tribunal which shall consist of a Chairman and not
less than two other members, who hold or have held high judicial office;
b. the tribunal shall enquire into the matter and report on the facts thereof to the President and advise the President whether the judge ought to be removed from office under this section for inability as aforesaid or for misbehaviour.

4. Where a tribunal, appointed under subsection (3) of this section, advises the President that a judge of the Court of Appeal ought to be removed from office
for inability as aforesaid or for misbehaviour, the President shall remove such
judge from office.

5. If the question of removing a judge of the Court of Appeal from office has been
referred to a tribunal under subsection (3) of this section, the President may suspend the judge from performing the functions of his or her office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the judge ought not to be removed from office.

Section 102 Botswana Constitution 1966

Oaths to be taken by judges of Court of Appeal

A judge of the Court of Appeal shall not enter upon the duties of his or her office unless he or she has taken and subscribed such oath for the due execution of his or
her office as may be prescribed by Parliament.