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Section 95, 96, 97, 98 of the Constitution of Botswana 1966 are under Part I (The High Court) of Chapter VI of the Constitution. Chapter VI is titled The Judicature.
Section 95 Botswana Constitution 1966
Jurisdiction and composition
1. There shall be for Botswana a High Court which shall have unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law and such other jurisdiction and powers as may be conferred on it by this Constitution or any other law.
2. The judges of the High Court shall be the Chief Justice and such number of other judges of the Court as may be prescribed by Parliament: Provided that the office of a judge of the High Court shall not be abolished while there is a substantive holder thereof.
3. The High Court shall be a superior court of record and, save as otherwise provided by Parliament, shall have all the powers of such a court.
4. The High Court shall sit in such places as the Chief Justice may appoint.
5. The High Court shall have jurisdiction to supervise any civil or criminal proceedings before any subordinate court or any court martial and may make such orders, issue such writs and give such directions as it may consider appropriate for the purpose of ensuring that justice is duly administered by any such court.
6. The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by subsection (5) of this section.
7. The Chief Justice may appoint a Rules of Court Advisory Committee to assist him or her in reviewing and overhauling the rules made under subsection (6) and to advise on proposals to update and amend such rules.
Section 96 Botswana Constitution 1966
Appointment of judges of High Court
1. The Chief Justice shall be appointed by the President.
2. The other judges of the High Court 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 High Court 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; c. he or she is qualified to practise as an advocate or attorney and he or she has had the experience in the teaching of law in a recognised university for not less than ten years; or
d. he or she is a Chief Magistrate who has held that office for not less than five 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 Chief Justice is vacant or if the Chief Justice 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 Chief Justice has resumed those functions, as the case may be, those functions shall be performed by such one of the judges of the High Court or such other person qualified for appointment as a judge of the High Court 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 97 of this Constitution; ii. a person appointed under this subsection, who is not a judge of the High Court, may, notwithstanding the assumption or resumption of the functions of the office of Chief Justice by the holder of that office, continue to act as a judge of the High Court 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 any judge of the High Court is vacant, or if any such judge is appointed to act as Chief Justice, or is for any reason unable to perform the functions of his or her office, or if the President, acting after consultation with the Chief Justice, is satisfied that the state of business in the High Court requires that the number of judges of the court should be temporarily increased, the President, acting in accordance with the advice of the Judicial Service Commission, may appoint a person qualified for appointment as a judge of the High Court to act as a judge of that court: 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 88 of this Constitution.
7. Any person appointed under subsection (6) of this section to act as a judge of the High Court shall, subject to the provisions of section 97(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 judge of the High Court 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 97 Botswana Constitution 1966
Tenure of office of judges of High Court
1. Subject to the provisions of this section, a person holding the office of a judge of the High Court shall vacate that office on attaining the age of 70 years or such other age as may be prescribed by Parliament: Provided that 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.
2. A judge of the High Court 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 High Court 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 High Court ought to be removed from office for inability as aforesaid or for misbehaviour, the President shall remove such judge from office.
If the question of removing a judge of the High Court 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 98 Botswana Constitution 1966
Oaths to be taken by judges of High Court
A judge of the High Court 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.
Section 94 of the Constitution of Botswana 1966 is under Part VI (Interpretation) of Chapter V of the Constitution. Chapter V is titled Parliament.
Votes of two-thirds of the Assembly
Any reference in this Constitution to the votes of two-thirds of the Members of the Assembly shall be construed as a reference to the votes of two-thirds of the Members of the Assembly excluding the person presiding.
Section 90, 91, 92, 93 of the Constitution of Botswana 1966 are under Part V (Summoning, Prorogation and Dissolution) of Chapter V of the Constitution. Chapter V is titled Parliament.
Section 90 Botswana Constitution 1966
Sessions of Parliament
1. Each session of Parliament shall be held at such place within Botswana and shall commence at such time as the President may appoint.
2. There shall be a session of Parliament at least once in every year so that a period of six months shall not intervene between the last sitting of Parliament in one session and the first sitting thereof in the next session.
3. Whenever Parliament is dissolved a general election of the Elected Members of the Assembly shall be held within 60 days of the date of the dissolution and a session of Parliament shall be appointed to commence within 30 days of the date of that general election.
Section 91 Botswana Constitution 1966
Prorogation and dissolution of Parliament
1. The President may at any time prorogue Parliament.
2. Subject to the provisions of this Constitution, the President may at any time dissolve Parliament.
3. Subject to the provisions of subsection (4) of this section, Parliament, unless sooner dissolved, shall continue for five years from the date of the first sitting of the National Assembly after any dissolution and shall then stand dissolved.
4. At any time when Botswana is at war, Parliament may from time to time extend the period of five years specified in subsection (3) of this section for not more than 12 months at a time: Provided that the life of Parliament shall not be extended under this subsection for more than five years.
5. If, after a dissolution of Parliament and before the holding of the general election of the Elected Members of the National Assembly, the President considers that, owing to the existence of a state of war or of a state of emergency in Botswana or any part thereof, it is necessary to recall Parliament, the President may summon the Parliament that has been dissolved to meet and that Parliament shall be deemed to be the Parliament for the time being, but the general election of the Elected Members of the National Assembly shall proceed and the Parliament that has been recalled shall, if not sooner dissolved, again stand dissolved on the day before the day on which the election is held.
Section 92 Botswana Constitution 1966
Vote of no confidence in the Government
If the National Assembly at any time passes a resolution supported by a majority of all the Members of the Assembly who are entitled to vote declaring that it has no confidence in the Government of Botswana, Parliament shall stand dissolved on the fourth day following the day on which such resolution was passed, unless the President earlier resigns his or her office or dissolves Parliament.
Section 93 Botswana Constitution 1966
Sittings of National Assembly
1. The President may at any time summon a meeting of the National Assembly.
2. Subject to the provisions of this Constitution, the sittings of the National Assembly in any session of Parliament after the commencement of that session shall be commenced at such times and on such days as the Assembly shall appoint.
Section 86, 87, 88, 89 of the Constitution of Botswana 1966 are under Part IV (Powers of Parliament) of Chapter V of the Constitution. Chapter V is titled Parliament.
Section 86 Botswana Constitution 1966
Legislative powers
Subject to the provisions of this Constitution, Parliament shall have power to make laws for the peace, order and good government of Botswana.
Section 87 Botswana Constitution 1966
Mode of exercising legislative powers
1. Subject to the provisions of section 89(4) of this Constitution the power of Parliament to make laws shall be exercised by Bills passed by the National Assembly, after reference in the cases specified in section 88(2) of this Constitution to the Ntlo ya Dikgosi, and assented to by the President.
2. When a Bill is presented to the President for assent he or she shall either assent or withhold his or her assent.
3. Where the President withholds his or her assent to a Bill, the Bill shall be returned to the National Assembly.
4. If where the President withholds his or her assent to a Bill the Assembly resolves within six months of the Bill being returned to it that the Bill should again be presented for assent, the President shall assent to the Bill within 21 days of its being again presented to him or her, unless he or she sooner dissolves Parliament.
5. When a Bill that has been duly passed and presented for assent is assented to in accordance with the provisions of this Constitution it shall become law and the President shall thereupon cause it to be published in the Gazette as a law.
6. No law made by Parliament shall come into operation until it has been published in the Gazette, but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.
7. All laws made by Parliament shall be styled “Acts” and the words of enactment shall be “enacted by the Parliament of Botswana”.
Section 88 Botswana Constitution 1966
Introduction of Bills
1. Except upon the recommendation of the President, which recommendation may be signified by the Vice-President or a Minister, the National Assembly shall not— a. proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, makes provision for any of the following purposes— i. for the imposition of taxation or the alteration of taxation otherwise than by reduction; ii. for the imposition of any charge upon the revenues or other funds of Botswana or the alteration of any such charge otherwise than by reduction; iii. for the payment, issue or withdrawal from any public fund of Botswana of any moneys not charged thereon or any increase in the amount of such payment, issue or withdrawal; or iv. for the composition or remission of any debt to the Government of Botswana; b. proceed upon any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding, would be to make provision for any of those purposes.
2. The National Assembly shall not proceed upon any Bill (including any amendment to a Bill) that, in the opinion of the person presiding, would, if enacted, alter any of the provisions of this Constitution or affect— a. the designation, recognition, removal of powers of Dikgosi or Dikgosana; b. the organization, powers or administration of customary courts; c. customary law, or the ascertainment or recording of customary law; or d. tribal organization or tribal property, unless— i. a copy of the Bill has been referred to the Ntlo ya Dikgosi after it has been introduced in the National Assembly; and ii. a period of 30 days has elapsed from the date when the copy of the Bill was referred to the Ntlo ya Dikgosi.
Section 89 Botswana Constitution 1966
Alteration of Constitution
1. Subject to the provisions of this section Parliament may alter this Constitution.
2. A Bill for an Act of Parliament under this section shall not be introduced into the National Assembly unless the text of the Bill has been published in the Gazette not less than 30 days before it is so introduced.
3. In so far as it alters any of the provisions of— a. Chapter II; sections 30 to 44 inclusive, 47 to 51 inclusive, and 56; sections 77 to 79 inclusive and section 85; Chapter VII; or sections 117 to 120 inclusive and section 127 in its application to any of the provisions mentioned in this paragraph; b. sections 57, 63 to 66 inclusive, 86 to 89 inclusive, 90(2) and (3), 91(2), (3), (4) and (5), and 92; Chapter VI; and section 127 in its application to any of the provisions mentioned in this paragraph, a Bill for an Act of Parliament under this section shall not be passed by the National Assembly unless— i. the final voting on the Bill in the Assembly takes place not less than three months after the previous voting thereon in the Assembly; and ii. at such final voting the Bill is supported by the votes of not less than twothirds of all the Members of the Assembly.
4. In so far as it alters any of the provisions mentioned in subsection (3)(b) of this section no Bill shall be presented to the President for his or her assent unless after its passage by the Assembly it has been submitted to the electors qualified to vote in the election of the Elected Members of the National Assembly, and, on a vote taken in such manner as Parliament may prescribe, the majority of the electors voting have approved the Bill.
5. In this section— a. references to any provision of this Constitution include references to any provision of a law that alters that provision; and b. references to the alteration of any provision of this Constitution include references to the amendment, modification or re-enactment, with or without modification, of that provision, the suspension or repeal of that provision and the making of a different provision in lieu thereof.
Section 77, 78, 79, 80, 81, 82, 83, 84, 85 of the Constitution of Botswana 1966 are under Part III (Ntlo ya Dikgosi) of Chapter V of the Constitution. Chapter V is titled Parliament.
Section 77 Botswana Constitution 1966
Establishment and composition of Ntlo ya Dikgosi
1. There shall be a Ntlo ya Dikgosi for Botswana which shall consist of not less than 33 nor more than 35 Members which shall be constituted as follows— a. one person from each of the following areas, which person for the time being performs the functions of the office of Kgosi in respect of such areas i. Barolong Farms in the Southern District, ii. Chobe in the North West District, iii. Ga Malete in the South East District, iv. Ga Mmangwato in the Central District, v. Ghanzi District, vi. Goo Tawana in the North West District, vii. Kgalagadi District, viii. Kgatleng District, ix. Kweneng District, x. Ngwaketse in the Southern District, xi. North East District, and xii. Tlokweng in the South East District;
b. five persons who shall be appointed by the President; and c. such number of persons, not being more than 20, as may be selected under section 78(4)(c) of this Constitution.
2. Notwithstanding the provisions of subsection (1)(a), the number of persons referred to in that subsection may, by virtue of section 78 (5), be less than 12, but not less than 10.
Section 78 Botswana Constitution 1966
Designation and selection of Members to Ntlo ya Dikgosi
1. Except for the areas of Ghanzi, Chobe, Kgalagadi and North East, the Members for the areas referred to in section 77(1)(a) shall be designated to the Ntlo ya Dikgosi according to the established norms and practices of those areas.
2. The Members for the Ghanzi, Chobe, Kgalagadi and North-East areas referred to in section 77(1)(a) shall be selected, from their own number, to the Ntlo ya Dikgosi by persons for the time being performing the functions of the office of Kgosi within each of those areas.
3. For the purpose of selecting the Members under section 77(1)(c), there shall be 20 regions, as listed in the Second Schedule to this Constitution, the boundaries of which shall be defined by an Act of Parliament.
4. There shall be a Regional Electoral College for each region composed of paid Dikgosana from that region up to and including a Kgosi, which shall— a. when necessary, meet at a Kgotla or other suitable venue; b. be chaired by a senior government official appointed by the Minister responsible for local government; and c. select a Member to the Ntlo ya Dikgosi for that region by election or in such other manner as the Regional Electoral College may agree.
5. Notwithstanding the provisions of section 77(1)(a) and subsections (2) and (4)(c) of this section, the areas of Ghanzi and Kgalagadi shall each have the option of either selecting one Member under subsection (2) of this section or of each selecting two regional Members under subsection (4)(c) of this section, but may not select Members under both subsections.
Section 79 Botswana Constitution 1966
Qualifications for membership of Ntlo ya Dikgosi
1. A person shall be qualified to be appointed under section 77(1)(b) as a Member of the Ntlo ya Dikgosi if he or she— a. is a citizen of Botswana; and b. has attained the age of 21 years.
2. No person shall be qualified to be appointed, selected or designated as a Member of the Ntlo ya Dikgosi if he or she— a. is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; b. has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth or any country with a comparable legal system and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; c. is certified insane or otherwise adjudged or declared to be of unsound mind under any law for the time being in force in Botswana; d. subject to such exceptions as may be prescribed by Parliament, holds any public office, or is acting in any public office by virtue of a contract of service expressed to continue for a period exceeding six months; e. is under sentence of death imposed on him or her by a court in any part of the Commonwealth or any country with a comparable legal system, or is under a sentence of imprisonment (by whatever name called) exceeding six months imposed on him or her by such a court or substituted by a competent authority for some other sentence imposed on him or her by such a court; f. holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any elections to the National Assembly or the compilation or revision of any electoral register for the purposes of such elections; or g. is disqualified for election to the National Assembly by virtue of provision made in pursuance of section 62 (2) of this Constitution.
3. For the purposes of this section, two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms, and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
4. A Member of the Ntlo ya Dikgosi shall not, while he or she is such a Member, participate in party politics, but active participation in politics prior to being a Member of the Ntlo ya Dikgosi shall not bar any person from being such a Member.
Section 80 Botswana Constitution 1966
Oath of allegiance
Every Member of the Ntlo ya Dikgosi shall, before taking his or her seat therein, take and subscribe before the Ntlo ya Dikgosi the oath of allegiance.
Section 81 Botswana Constitution 1966
Secretary to Ntlo ya Dikgosi
There shall be a Secretary to the Ntlo ya Dikgosi whose office shall be an office in the public service.
Section 82 Botswana Constitution 1966
Tenure of office of Members of Ntlo ya Dikgosi
1. A Member of the Ntlo ya Dikgosi shall vacate his or her seat in the Ntlo ya Dikgosi— a. upon expiration of a period of five years from the date upon which he or she takes the oath of allegiance under section 80 of this Constitution; b. if, having been designated or selected to the Ntlo ya Dikgosi as such, he or she ceases to be a person for the time being performing the functions of the office of Kgosi; c. if he or she ceases to be qualified for membership of the Ntlo ya Dikgosi in terms of section 79; d. if he or she participates in party politics; or e. upon the dissolution of Parliament, whichever occurs first.
2. A member of the Ntlo ya Dikgosi shall be eligible for reselection, redesignation or reappointment, as the case may be, to the Ntlo ya Dikgosi.
Section 83 Botswana Constitution 1966
Rules of Procedure of Ntlo ya Dikgosi
Subject to the provisions of this Constitution, the Ntlo ya Dikgosi may, subject to the approval of the President, make rules regulating its own procedure and in particular, and without prejudice to the generality of the foregoing power, make rules for all or any of the following mattera. the appointment or election and tenure of office of a Chairman of the Ntlo ya Dikgosi; b. the time and place at which the Ntlo ya Dikgosi shall meet; c. the manner in which the views of the Ntlo ya Dikgosi shall be recorded and, if necessary, expressed to a Minister, the National Assembly, or to any other person or body; d. the regulation and orderly conduct of the proceedings of the Ntlo ya Dikgosi; e. [9 of 2005, s. 15.]
Section 84 Botswana Constitution 1966
Ntlo ya Dikgosi may transact business notwithstanding vacancies
The Ntlo ya Dikgosi shall not be disqualified for the transaction of business by reason of any vacancy among the Members thereof including any vacancy not filled when the Ntlo ya Dikgosi is first constituted or is reconstituted at any time; and any proceedings therein shall be valid notwithstanding that some person who was not entitled to do so sat or voted in the Ntlo ya Dikgosi or otherwise took part in the proceedings.
Section 85 Botswana Constitution 1966
Functions of Ntlo ya Dikgosi
1. The Ntlo ya Dikgosi shall consider the copy of any Bill which has been referred to it under the provisions of section 88(2) of this Constitution and the Ntlo ya Dikgosi shall be entitled to submit resolutions thereon to the National Assembly.
2. Any resolution which has been submitted to the National Assembly in accordance with the last foregoing subsection shall forthwith be laid before the Assembly by the Clerk of the Assembly.
3. Any Minister who is responsible for a Bill such as is referred to in subsection (1) of this section, or his or her representative, may attend the proceedings of the Ntlo ya Dikgosi when the copy of the Bill is being considered.
4. Any Minister may consult the Ntlo ya Dikgosi in respect of any matter on which he or she desires to obtain the opinion of the Ntlo ya Dikgosi, and for that purpose the Minister or his or her representative may attend the proceedings of the Ntlo ya Dikgosi.
5. The Ntlo ya Dikgosi shall be entitled to discuss any matter within the executive or legislative authority of Botswana of which it considers it is desirable to take cognizance in the interests of the tribes and tribal organizations it represents and to make representations thereon to the President, or to send messages thereon to the National Assembly.
6. A person attending the proceedings of the Ntlo ya Dikgosi by virtue of the provisions of subsection (3) or (4) of this section shall be entitled to take part in the proceedings of the Ntlo ya Dikgosi relating to the matter in respect of which he or she attends as if he or she were a Member of the Ntlo ya Dikgosi: Provided that he or she shall not be entitled to vote in the Ntlo ya Dikgosi.
Section 71, 72, 73, 74, 75, 76 of the Constitution of Botswana 1966 are under Part II (General Provisions Relating to Procedure in National Assembly) of Chapter V of the Constitution. Chapter V is titled Parliament.
Section 71 Botswana Constitution 1966
Oaths to be taken by Speaker and Members
The Speaker, before assuming the duties of his or her office, and every Member of the National Assembly before taking his or her seat therein, shall take and subscribe before the Assembly the oath of allegiance.
Section 72 Botswana Constitution 1966
Presiding in Assembly
There shall preside at any sitting of the National Assembly— a. the Speaker; b. in the absence of the Speaker, the Deputy Speaker; or c. in the absence of the Speaker and the Deputy Speaker, 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 sitting.
Section 73 Botswana Constitution 1966
Quorum in Assembly
If objection is taken by any Member of the National Assembly present that there are present in the Assembly (besides the person presiding) less than one third of the Members of the Assembly and, after such interval as may be prescribed in the rules of procedure of the Assembly, the person presiding ascertains that the number of Members present is less than one third, he shall thereupon adjourn the Assembly.
Section 74 Botswana Constitution 1966
Voting in Assembly
1. Save as otherwise provided in this Constitution, any question proposed for decision in the National Assembly shall be determined by a majority of the votes of the Members present and voting.
2. [9 of 2005, s. 9.]
3. The person presiding in the National Assembly shall have neither an original vote nor a casting vote and if upon any question before the Assembly the votes are equally divided the motion shall be lost.
Section 75 Botswana Constitution 1966
Unqualified persons sitting or voting
Any person who sits or votes in the National Assembly knowing or having reasonable grounds for knowing that he or she is not entitled to do so shall be liable to a penalty not exceeding P50 or such other sum as may be prescribed by Parliament for each day on which he or she so sits or votes in the Assembly, which shall be recoverable by action in the High Court at the suit of the Attorney-General.
Section 76 Botswana Constitution 1966
Regulation of procedure in Assembly
1. Subject to the provisions of this Constitution, the National Assembly may regulate its own procedure.
2. The National Assembly may act notwithstanding any vacancy in its membership (including any vacancy not filled when the Assembly first meets after any dissolution) and the presence or participation of any person not entitled to be present or to participate in the proceedings of the Assembly shall not invalidate those proceedings.
Section 64, 65, 66, 67, 68, 69, 70 of the Constitution of Botswana 1966, among others, are under Part I (Composition) of Chapter V of the Constitution. Chapter V is titled Parliament.
Section 64 Botswana Constitution 1966
Delimitation Commission
1. The Judicial Service Commission shall, not later than 1st March, 1969, and thereafter at intervals of not less than five nor more than 10 years, appoint a Delimitation Commission consisting of a Chairman and not more than four other members.
2. Notwithstanding the provisions of subsection (1) of this section, at any time when— a. Parliament has made provision altering the number of seats of Elected Members in the National Assembly; or b. a comprehensive national population census is held in Botswana, the Judicial Service Commission shall, as soon as practicable thereafter, appoint a Delimitation Commission.
3. The Chairman of a Delimitation Commission shall be selected from among persons who hold or have held high judicial office.
4. No person shall be qualified to be appointed as Chairman or member of a Delimitation Commission who— a. is a Member of the National Assembly; b. is or has been within the preceding five years actively engaged in politics; or c. is a public officer.
5. A person shall be deemed to be actively engaged in politics or to have been so engaged during the relevant period if— a. he or she is, or was at any time during that period, a Member of the National Assembly; b. he or she is, or was at any time during that period, nominated as a candidate for election to the National Assembly; or c. he or she is, or was at any time during that period, the holder of an office in any political organization that sponsors or supports, or has at any time sponsored or supported, a candidate for election as a Member of the National Assembly: Provided that no person shall be disqualified from holding the office of Chairman or member of a Delimitation Commission by reason only of the fact that he has been the Speaker of the National Assembly if he or she was elected to that office from amongst persons who were not Members of the National Assembly.
6. The office of Chairman or other member of the Delimitation Commission shall become vacant if circumstances arise that, were he or she not Chairman or member of the Delimitation Commission, would disqualify him or her for appointment as such.
7. If, after the appointment of the Delimitation Commission and before the Commission has submitted its report under section 65, the office of Chairman or any other member of the Commission falls vacant or the holder of the office becomes unable for any reason to discharge his or her functions as a member of the Commission, the Judicial Service Commission may, subject to the provisions of subsections (3) to (5) of this section, appoint another person to be a member of the Commission: Provided that a member appointed under this section because of the inability of some other member to discharge his or her functions shall cease to be a member of the Commission when, in the opinion of the Judicial Service Commission, that other member is able to resume his or her functions as a member of the Commission.
Section 65 Botswana Constitution 1966
Report of Commission
1. Whenever a Delimitation Commission has been appointed the Commission shall as soon as practicable submit to the President a report which shall state whether any alteration is necessary to the boundaries of the constituencies in order to give effect to subsection (2) of this section or in consequence of any alteration in the number of seats of Elected Members in the National Assembly and where any alteration is necessary shall include a list of the constituencies delimited by the Commission and a description of the boundaries of those constituencies.
2. The boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable: Provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of natural community of interest, means of communication, geographical features, density of population, and the boundaries of Tribal Territories and administrative districts.
3. In this section “population quota” means the number obtained by dividing the number of inhabitants of Botswana (as ascertained by reference to the latest comprehensive national population census in Botswana) by the number of constituencies into which Botswana is divided under section 63 of this Constitution.
4. The President shall as soon as practicable after the submission of the report of the Delimitation Commission, by Proclamation published in the Gazette, declare the boundaries of the constituencies as delimited by the Commission.
5. A Proclamation made under subsection (4) of this section shall come into force at the next dissolution of the National Assembly after it is made.
6. The Commission may by regulation or otherwise regulate its own procedure and may, subject to its rules of procedure, 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: Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
7. In the exercise of its functions under this section the Delimitation Commission shall not be subject to the direction or control of any other person or authority.
8. A Delimitation Commission shall stand dissolved upon the date on which its report is delivered to the President.
Section 65A Botswana Constitution 1966
Appointment of Independent Electoral Commission
1. There shall be an Independent Electoral Commission which shall consist of— a. a Chairman who shall be a judge of the High Court appointed by the Judicial Service Commission; b. a legal practitioner appointed by the Judicial Service Commission; and c. five other persons who are fit, proper and impartial, appointed by the Judicial Service Commission from a list of persons recommended by the All Party Conference.
2. Where the All Party Conference fail to agree on all or any number of persons referred to in subsection (1)(c) of this section up to dissolution of Parliament, the Judicial Service Commission shall appoint such person or persons as are necessary to fill any vacancy.
3. For the purposes of this section, “All Party Conference” means a meeting of all registered political parties convened from time to time by the Minister.
4. The first appointments of the Chairman and the Members of the Commission shall be made not later than 31st January, 1999, and thereafter subsequent appointments shall be made at the last dissolution of every two successive lives of Parliament.
5. The Chairman and the members of the Commission shall hold office for a period of two successive lives of Parliament.
6. A person shall not be qualified to be appointed as a member of the Independent Electoral Commission if— a. he or she has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; or b. he or she has been convicted of any offence involving dishonesty in any country.
7. A person appointed a member of the Commission shall not enter upon the duties of the office of Commissioner 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 an Act of Parliament.
8. The Commission shall regulate its own procedure and proceedings.
9. The Chairman shall preside over all proceedings, and in his or her absence, the legal practitioner referred to in subsection (1)(b) shall preside over the proceedings.
10. The quorum shall be four members, one of whom shall be the Chairman or the said legal practitioner.
11. All issues shall be decided by the decision of the majority of the members present and voting.
12. The Commission shall be responsible for— a. the conduct and supervision of elections of the Elected Members of the National Assembly and members of a local authority, and conduct of a referendum; b. giving instructions and directions to the Secretary of the Commission appointed under section 66 in regard to the exercise of his or her functions under the electoral law prescribed by an Act of Parliament; c. ensuring that elections are conducted efficiently, properly, freely and fairly; and d. performing such other functions as may be prescribed by an Act of Parliament.
13. The Commission shall on the completion of any election conducted by it, submit a report on the exercise of its functions under the preceding provisions of this section to the Minister for the time being responsible for matters relating to such elections, and that Minister shall, not later than seven days after the National Assembly first meets after he or she has received the report, lay it before the National Assembly.
Section 66 Botswana Constitution 1966
Appointment of Secretary to Independent Electoral Commission
1. There shall be a Secretary to the Independent Electoral Commission referred to in section 65A (in this section referred to as “the Secretary”).
2. The Secretary shall be appointed by the President.
3. The functions of the Secretary shall, subject to the directions and supervision of the Independent Electoral Commission, be to exercise general supervision over the registration of voters for elections of— a. the Elected Members of the National Assembly; and b. the members of any local authority, and over the conduct of such elections.
4. A person shall not be qualified to be appointed as Secretary to the Independent Electoral Commission if— a. he or she is not a citizen of Botswana; b. he or she has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; or c. he or she has been convicted of any offence involving dishonesty in any country.
5. A person shall not enter upon the duties of the office of Secretary until he or she has taken and subscribed to the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by an Act of Parliament.
6. For the purposes of the exercise of his or her functions under subsection (3) of this section, the Secretary may give such directions as he or she considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his or her functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions.
7. Subject to the provisions of this section, a person holding office as Secretary shall vacate that office on attaining the age of 65 years or such other age as may be prescribed by an Act of Parliament.
8. A holder of the office of Secretary 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.
9. If the President considers that the question of removing the Secretary ought to be investigated then— a. he or she shall appoint a tribunal which shall consist of a Chairman and not less than two members who hold or have held high judicial office; b. the tribunal shall enquire into and report on the facts thereof to the President and advise the President whether the Secretary ought to be removed from office under this section for inability to perform the functions of his or her office or for misbehaviour.
10. Where a tribunal appointed under subsection (9) advises the President that the Secretary ought to be removed for inability to perform the functions of his or her office or for misbehaviour, the President shall remove him or her from office.
11. If the question of removing the Secretary from office has been referred to a tribunal under subsection (9) of this section, the President may suspend him or her from performing the functions of his or her office, and any such suspension may at any time be revoked by the President and shall cease to have effect if the tribunal advises the President that the Secretary ought not to be removed from office.
Section 67 Botswana Constitution 1966
The franchise
1. A person who— a. is a citizen of Botswana or of any other country to which this section is applied by Parliament; b. has attained the age of 18 years; and c. has either resided in Botswana for a continuous period of at least 12 months immediately preceding the date on which he or she applies for registration as a voter or was born in Botswana and is domiciled in Botswana on the date on which he or she applies for registration as a voter, shall, unless he or she is disqualified for registration as a voter under any law, be entitled, upon his or her making application in that behalf at such time and in such manner as may be prescribed by any law, to be registered as a voter for the purposes of elections of Elected Members of the National Assembly, and no other person may be so registered.
2. A person who has not continuously resided in Botswana for the period mentioned in paragraph (c) of subsection (1) of this section but has during the whole period retained his or her residence (or if he or she has more than one residence, his or her principal residence) in Botswana and has been absent therefrom for some temporary purpose only shall be deemed for the purposes of the said paragraph (c) to have been resident in Botswana during such absence.
3. A person shall be entitled to be registered as a voter— a. in the constituency in which he or she has his or her residence, or if he or she has more than one residence in Botswana in the constituency in which he or she has his or her principal residence; or b. in the case of a person who does not have a residence in Botswana but is able to register in person, in the constituency in which he or she last resided, or in which he or she was born; or c. in the case of a person who is not resident in Botswana and is unable to register in person, at such place as may be prescribed by Parliament and registration at such place shall be treated as registration in the constituency in which he or she last resided, or in which he or she was born in Botswana.
4. A person shall be entitled to be registered as a voter in one constituency only.
5. Every person who is registered in any constituency as a voter for the purposes of elections of the Elected Members of the National Assembly shall, unless he or she is disqualified by Parliament from voting in such elections on the grounds of his or her having been convicted of an offence in connection with the elections or on the grounds of his or her having been reported guilty of such an offence by the court trying an election petition or on the grounds of his or her being in lawful custody at the date of the election, be entitled so to vote in that constituency in accordance with the provisions made by or under a law in that behalf; and no other person may so vote.
Section 68 Botswana Constitution 1966
Tenure of office of Members
1. The seat of an Elected Member or a Specially Elected Member of the National Assembly shall become vacant— a. upon the dissolution of Parliament; b. if he or she is absent from the sittings of the Assembly for such period and in such circumstances as may be prescribed in the rules of procedure of the Assembly; c. subject to the provisions of subsections (2) to (3) of this section, if any circumstances arise that, if he or she were not a Member of the Assembly, would cause him or her to be disqualified for election thereto.
2. If circumstances such as are referred to in paragraph (c) of the preceding subsection arise in relation to a Member of the Assembly by virtue of the fact that he or she is declared insolvent, adjudged to be of unsound mind, sentenced to death or imprisonment, or convicted of an election offence and it is open to the Member to appeal against the decision (either with the leave of the court or other authority or without such leave), he or she shall forthwith cease to perform his or her functions as a Member of the Assembly but, subject to the next following subsection, he or she shall not vacate his or her seat until the expiration of a period of 30 days thereafter: Provided that the Speaker may, at the request of the Member, from time to time extend that period for further periods of 30 days to enable the Member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval of the Assembly signified by resolution.
3. If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Member of the Assembly, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Member to appeal, he or she shall forthwith vacate his or her seat.
4. If at any time before the Member of the Assembly vacates his or her seat such circumstances as aforesaid cease to exist, his or her seat shall not become vacant by reason of those circumstances, and he or she may resume the performance of his or her functions as a Member of the Assembly.
Section 69 Botswana Constitution 1966
Determination of questions as to membership of National Assembly
1. The High Court shall have jurisdiction to hear and determine any question whether— a. any person has been validly elected as an Elected Member of the National Assembly or the seat of any such Member has become vacant; b. any person has been validly elected as Speaker of the Assembly or, having been so elected, has vacated the office of Speaker.
2. Any question whether any person has been validly elected as a Specially Elected Member of the National Assembly or whether the seat of any such Member has become vacant shall be determined by the Speaker.
3. Parliament may make provision with respect to— a. the persons who may apply to the High Court for the determination of any question under this section; b. the circumstances and manner in which the conditions upon which any such application may be made; and c. the powers, practice and procedure of the High Court in relation to any such application.
Section 70 Botswana Constitution 1966
Clerk of the Assembly
1. There shall be a Clerk of the National Assembly and an Assistant Clerk of the National Assembly and their offices shall be offices in the public service.
2. There shall be such other offices in the department of the Clerk of the Assembly as may be prescribed by resolution of the National Assembly and such offices shall be offices in the public service.
Section 57, 58, 59, 60, 61, 62, 63 of the Constitution of Botswana 1966, among others, are under Part I (Composition) of Chapter V of the Constitution. Chapter V is titled Parliament.
Section 57 Botswana Constitution 1966
Parliament
There shall be a Parliament of Botswana which shall consist of the President and a National Assembly.
Section 58 Botswana Constitution 1966
Composition of National Assembly
1. The President shall be ex-officio a member of the National Assembly, and shall be entitled to speak and to vote in all proceedings of the National Assembly.
2. In addition to the President the National Assembly shall consist of— a. 57 Elected Members who shall be elected in accordance with the provisions of this Constitution and subject thereto in accordance with the provisions of any Act of Parliament; and b. six Specially Elected Members who shall be elected in accordance with the First Schedule to this Constitution and subject thereto in accordance with the provisions of any Act of Parliament.
3. If a person who is not a member of the National Assembly is elected to the office of Speaker of the National Assembly, that person shall, by virtue of holding that office, be a member of the Assembly in addition to the members referred to in subsections (1) and (2) of this section.
Section 59 Botswana Constitution 1966
Speaker
1. There shall be a Speaker of the National Assembly who shall be elected by the Members of the Assembly from among persons who are Members of the Assembly or from among persons who are not Members of the Assembly.
2. The President, the Vice-President, a Minister, an Assistant Minister or a public officer shall not be qualified to be elected as Speaker.
3. The Speaker shall vacate his or her office— a. if, having been elected from among the Members of the National Assembly, he or she ceases to be a Member of the Assembly otherwise than by reason of a dissolution of Parliament or if he or she is required by virtue of section 68(2) to (3) of this Constitution, to cease to perform his or her functions as a Member of the Assembly; b. if any circumstances arise that, if he or she were not Speaker, would disqualify him or her for election as such; c. when the Assembly first sits after any dissolution of Parliament; or d. if he or she is removed from office by a resolution of the Assembly supported by the votes of not less than two-thirds of all the Members thereof.
4. No business shall be transacted in the National Assembly (other than an election to the office of Speaker) at any time when the office of Speaker is vacant.
Section 60 Botswana Constitution 1966
Deputy Speaker
1. There shall be a Deputy Speaker of the National Assembly who shall be elected from among the persons who are Members of the Assembly other than the President, the Vice-President, Ministers or Assistant Ministers.
2. The Members of the National Assembly shall elect a person to the office of Deputy Speaker when the Assembly first sits after any dissolution and, if the office becomes vacant otherwise than by reason of the dissolution of the Assembly, at the first sitting of the Assembly after the office becomes vacant.
3. The Deputy Speaker shall vacate his or her office— a. if he or she ceases to be a Member of the National Assembly, otherwise than by reason of a dissolution of Parliament; b. if any circumstances arise that, if he or she were not Deputy Speaker, would disqualify him or her for election as such; c. if he or she is required, by virtue of section 68(2) to (3) of this Constitution, to cease to perform his or her functions as a Member of the Assembly; d. if he or she is elected as Speaker; e. if he or she is removed from office by a resolution of the Assembly supported by the votes of not less than two-thirds of all the Members of the Assembly; or f. when the Assembly first sits after any dissolution of Parliament.
Section 61 Botswana Constitution 1966
Qualifications for election to National Assembly
Subject to the provisions of section 62 of this Constitution, a person shall be qualified to be elected as a Member of the National Assembly if, and shall not be qualified to be so elected unless— a. he or she is a citizen of Botswana; b. he or she has attained the age of 18 years; c. he or she is qualified for registration as a voter for the purposes of the election of the Elected Members of the National Assembly and is so registered; and d. he or she is able to speak, and, unless incapacitated by blindness or other physical cause, to read English well enough to take an active part in the proceedings of the Assembly.
Section 62 Botswana Constitution 1966
Disqualifications for membership of National Assembly
1. No person shall be qualified to be elected as a Member of the National Assembly who— a. is, by virtue of his or her own act, under any acknowledgement of allegiance, obedience or adherence to a foreign power or state; b. has been declared insolvent or adjudged or otherwise declared bankrupt under any law for the time being in force in Botswana and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; c. is certified to be insane or otherwise adjudged or declared to be of unsound mind under any law for the time being in force in Botswana;
d. is a Member of the Ntlo ya Dikgosi;
e. subject to such exceptions as may be prescribed by Parliament, holds any public office, or is acting in any public office by virtue of a contract of service expressed to continue for a period exceeding six months;
f. is under sentence of death imposed on him or her by a court in any part of the Commonwealth, or is under a sentence of imprisonment (by whatever name called) exceeding six months imposed on him or her by such a court or substituted by competent authority for some other sentence imposed on him or her by such a court; g. holds, or is acting in, any office the functions of which involve any responsibility for, or in connection with, the conduct of any elections to the Assembly or the compilation or revision of any electoral register for the purposes of such elections.
2. Parliament may provide that a person shall not be qualified for election to the National Assembly for such period (not exceeding five years) as may be prescribed if he or she is convicted of any such offence connected with elections to the Assembly as may be prescribed.
3. For the purposes of this section two or more terms of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms, and no account shall be taken of a sentence of imprisonment imposed as an alternative to or in default of the payment of a fine.
Section 63 Botswana Constitution 1966
Constituencies
Botswana shall be divided into as many constituencies as there are Elected Members of the National Assembly and each of those constituencies shall return one Member to the National Assembly.
Section 52, 53, 54, 55, 56 of the Constitution of Botswana 1966, among others, are under Part III (Executive Functions) of Chapter IV of the Constitution. Chapter IV is titled The Executive.
Section 52 Botswana Constitution 1966
Permanent Secretaries
Where any Minister has been charged with responsibility for any department of Government, he or she shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary whose office shall be a public office.
Section 53 Botswana Constitution 1966
Prerogative of Mercy
The President may— a. grant to any person convicted of any offence a pardon, either free or subject to lawful conditions; b. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; c. substitute a less severe form of punishment for any punishment imposed on any person for any offence; and d. remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence.
Section 54 Botswana Constitution 1966
Advisory Committee on Prerogative of Mercy
1. There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of— a. the Vice-President or a Minister appointed by the President by instrument in writing under his or her hand; b. the Attorney-General; and c. a person qualified to practise in Botswana as a medical practitioner, appointed by the President by instrument in writing under his or her hand.
2. A member of the Committee appointed under subsection (1)(a) or (c) of this section shall hold his or her seat thereon for such period as may be specified in the instrument by which he or she was appointed: Provided that his or her seat shall become vacant— i. in the case of a person who, at the date of his or her appointment, was the Vice-President or a Minister, if he or she ceases to be the Vice-President or a Minister; or ii. if the President, by instrument in writing under his or her hand, so directs.
3. The Committee shall not be summoned except by the authority of the President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the President, the member of the Committee appointed under subsection (1)(a) of this section shall preside.
4. The Committee may act notwithstanding any vacancy in its membership 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.
5. Subject to the provisions of this section, the Committee may regulate its own procedure.
Section 55 Botswana Constitution 1966
Functions of Advisory Committee on Prerogative of Mercy
1. Where any person has been sentenced to death for any offence, the President shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he or she shall decide whether to exercise any of his or her powers under section 53 of this Constitution.
2. The President may consult with the Committee before deciding whether to exercise any of his or her powers under the said section 53 in any case not falling within subsection (1) of this section.
Section 56 Botswana Constitution 1966
Constitution of offices
Subject to the provisions of this Constitution and of any Act of Parliament, the powers of constituting and abolishing offices for Botswana shall vest in the President.
Section 47, 48, 49, 50, 51, 51A of the Constitution of Botswana 1966, among others, are under Part III (Executive Functions) of Chapter IV of the Constitution. Chapter IV is titled The Executive.
Section 47 Botswana Constitution 1966
Functions of President
1. The executive power of Botswana shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him or her either directly or through officers subordinate to him or her.
2. In the exercise of any function conferred upon him or her by this Constitution or any other law the President shall, unless it is otherwise provided, act in his or her own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.
3. Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.
Section 48 Botswana Constitution 1966
Command of armed forces
1. The supreme command of the armed forces of the Republic shall vest in the President and he or she shall hold the office of Commander in Chief.
2. The powers conferred on the President by subsection (1) of this section shall include— a. the power to determine the operational use of the armed forces; b. the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.
3. The President may, by directions in writing and subject to such conditions as he or she may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2) of this section.
4. Parliament may regulate the exercise of the powers conferred by or under this section.
Section 49 Botswana Constitution 1966
Functions of Vice-President
The Vice-President shall be the principal assistant of the President in the discharge of his or her executive functions and shall be responsible, under the directions of the President, for such business of the government of Botswana (including the administration of any department of Government) as the President may assign to him or her.
Section 50 Botswana Constitution 1966
Functions of Cabinet Ministers and Assistant Ministers
1. The Cabinet shall be responsible for advising the President with respect to the policy of the Government and with respect to such other matters as may be referred to it by the President and shall, subject to the provisions of this Constitution, be responsible to the National Assembly for all things done by or under the authority of the President, Vice-President or any Minister in the execution of his or her office.
2. The President shall, so far as practicable and subject to the provisions of this Constitution, consult the Cabinet on matters of policy and the exercise of his or her functions.
3. The obligation of the President to consult his or her Cabinet and for the Cabinet to accept responsibility under this section shall not apply to the exercise by the President of his or her powers in relation to the appointment or removal of the Vice-President, Ministers and Assistant Ministers, the dissolution of Parliament, the Prerogative of Mercy, the assignment of responsibility to the Vice-President or any Minister and the specification of the functions of an Assistant Minister.
4. A Minister shall be responsible, under the direction of the President, for such business of the government of Botswana (including the administration of any department of Government) as the President may assign to him or her.
5. An Assistant Minister shall— a. assist the President or the Vice-President in the discharge of such of the functions of the office of President or Vice-President as the President may specify; or b. assist such Minister in the discharge of the functions assigned to him or her under subsection (4) of this section as the President may specify.
Section 51 Botswana Constitution 1966
Attorney-General
1. There shall be an Attorney-General appointed by the President whose office shall be a public office.
2. A person shall not be qualified to be appointed to the Office of Attorney-General unless he or she is qualified to be appointed to the Office of a Judge of the High Court.
3. The Attorney-General shall be the principal legal adviser to the Government.
4. A person holding the Office of Attorney-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.
Section 51A Botswana Constitution 1966
Director of Public Prosecutions
1. There shall be a Director of Public Prosecutions appointed by the President whose office shall be a public office and who shall be subject to the administrative supervision of the Attorney-General.
2. A person shall not be qualified to be appointed to the Office of Director of Public Prosecutions unless he or she is qualified to be appointed to the Office of a Judge of the High Court.
3. The Director of Public Prosecutions shall have power in any case in which he or she considers it desirable to do so- a. to institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed by that person; b. to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and c. to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or herself or any other person or authority.
4. The powers of the Director of Public Prosecutions under subsection (3) may be exercised by him or her in person or by officers subordinate to him or her acting in accordance with his or her general or special authority.
5. For the purposes of this section any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings: Provided that the power conferred on the Director of Public Prosecutions by subsection (3)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such person.
6. In the exercise of the functions vested in him or her by subsection (3) of this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority: Provided that- a. where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority, and with the leave of the court; and b. before exercising his or her powers in relation to cases considered by the Attorney-General to be of national importance, the Director of Public Prosecutions shall consult the Attorney-General.
