Section 77-85 Botswana Constitution 1966

Section 77-85 Constitution of Botswana 1966

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.

See also:

Section 71-76 Botswana Constitution 1966 (General Provisions Relating to Procedure in National Assembly)