(2) There shall be such offices of Assistant Minister (not exceeding three or such number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President. 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. (3) In this section, the expression discriminatory means affording different treatment to different persons, attributable wholly or mainly to their respective descriptions by race, tribe, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description. The present Constitution of Botswana commenced on September 30, 1966. Discharge of functions of President during absence, illness, etc. 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. shall be referred to and determined by the returning officer whose decision shall not be questioned in any court. If you need professional or legal advice you should consult a suitably. The Chairman and the members of the Commission shall hold office for a period of two successive lives of Parliament. 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. {lcwhF,"E\,ejhrCs\ ,*)@@R!TO[/PF]xrx"TN^&:I8Q@mcCVVJ[[{Om J;]Xn2ZjXh`rN`{ m?qw{/tcIv f!,N82K'Y!.^ azBq@u{k5|sJd2{%0PyE%og5 dCx?ze/5T. he or she is, or was at any time during that period, a Member of the National Assembly; he or she is, or was at any time during that period, nominated as a candidate for election to the National Assembly; or. Subject to the provisions of this Constitution, the President may at any time dissolve Parliament. is a citizen of Botswana by birth or descent; is qualified to be elected as a Member of the National Assembly. [2] During the early years of the Bechuanaland Protectorate, some non-Botswana also came to be ruled by these laws. No person shall be held in slavery or servitude. (8) No person shall be convicted of a criminal offence unless that offence is defined and the penalty therefor is prescribed in a written law: 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. CHAPTER IIProtection of Fundamental Rights and Freedoms of the Individual, 3. (7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14 of this Constitution, being such a restriction as is authorized by section 9(2), 11(5), 12(2) 13(2), or 14(3), as the case may be. Estimates show that in 2030 the youth population will be at 1.3 Billion. 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. Cap 38:01. (e) shall be afforded facilities to examine in person or by his or her legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his or her behalf before the court on the same conditions as those applying to witnesses called by the prosecution; 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, 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. Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority. A power the body does have is to summon members of the government to appear before it. 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. A highly accessible app version of the Constitution of Botswana, easy to use 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: 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. 61), Subject to the provisions of this Constitution, Parliament shall have power to make laws for the peace, order and good government of Botswana. I also show my sincere gratitude to the RAP members who have managed to make it to the pitso from the length and breadth of Botswana. Provided that the National Assembly may, by resolution, supported by the votes of a majority of all the voting members of the Assembly, extend its approval of the declaration for periods of not more than six months at a time. The emergence of the press council is one of the major vital steps that the freedom of expression is realized from the current established Botswana constitution. (Sec. CONSTITUTION OF BOTSWANA CONSTITUTION OF BOTSWANA ARRANGEMENT OF SECTIONS CHAPTER I The Republic 1. 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, 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. 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. unless- Constitution of Botswana, adopted and enacted 1966. The constitution-making process should be effected using a . This section defines the rights of the citizens. the appointment or election and tenure of office of a Chairman of the Ntlo ya Dikgosi; the time and place at which the Ntlo ya Dikgosi shall meet; 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; the regulation and orderly conduct of the proceedings of the Ntlo ya Dikgosi; 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. Public procurement in Botswana is has been decentralized and under the regulation of a new Procurement Act that was put into effect in April 2022. Botswana and also a citizen of some country other than Botswana shall, subject to the provisions of this section, cease to be a citizen of Botswana upon the specified date unless he . Constitution of the Republic of Botswana 1966, as amended to 2016 (English). Nov 13, 2022. This court consists of a President of the Court of appeals, a number of other judges, and the entirety of the High Court. "Batswana Women and Law". Election of President after dissolution of Parliament, 33. "Constitutionalizing difference: A case study analysis of gender provisions in Botswana and South Africa. (6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5) of this section. 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. 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; 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. In this section references to service as a public officer include references to service as a public officer of the former Protectorate of Bechuanaland. Appointment, etc., of public officers, 112. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14 of this Constitution, being such a restriction as is authorized by section 9(2), 11(5), 12(2) 13(2), or 14(3), as the case may be. The president also has the power to pardon a person convicted of a crime. 15. 4- Sec. 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. 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. There shall be a Secretary to the Ntlo ya Dikgosi whose office shall be an office in the public service. if the holder of the office ceases to be a Member of the National Assembly for any other reason than a dissolution of Parliament. 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. Where, at the expiration of the time for the delivery of nominations in the election of a President, more than one qualified candidate is validly nominated and any of those candidates dies before the commencement of the poll in the Parliamentary election, the poll in the Parliamentary election shall be countermanded, fresh nominations of Parliamentary candidates shall take place in every constituency and a fresh election of a President shall be held in accordance with the foregoing provisions of this section. 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. Public Seal CHAPTER II Protection of Fundamental Rights and Freedoms of the Individual 3. (c) protection for the privacy of his or her home and other property and from deprivation of property without compensation, 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. 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. 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. 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. that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, Every person who is charged with a criminal offence. [12], Another argument that some scholars make is in reference to the power of the President. 105), 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: The High Court shall sit in such places as the Chief Justice may appoint. the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his or her office. This body possesses no legislative power, including approval or veto power, rather they advise the Parliament on bills and measures. he or she shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his or her detention, be furnished with a statement in writing in a language that he or she understands specifying in detail the grounds upon which he or she is detained; not more than 14 days after the commencement of his or her detention, a notification shall be published in the Gazette stating that he or she has been detained and giving particulars of the provision of law under which his or her detention is authorized; not more than one month after the commencement of his or her detention and thereafter during his or her detention at intervals of not more than six months, his or her case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person, qualified to be enrolled as an advocate in Botswana, appointed by the Chief Justice; and. 78), (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- When a Bill is presented to the President for assent he or she shall either assent or withhold his or her assent. No moneys shall be withdrawn from the Consolidated Fund except in the manner prescribed by Parliament. The President has the following requirements: (a) is a citizen of Botswana by birth or descent; (b) has attained the age of 30 years; and (c) is qualified to be elected as a Member of the National Assembly. The Ministers in the Cabinet are responsible for advising the President with respect to policy of the government. by way of penalty for breach of the law whether under civil process or after conviction of a criminal offence under the law in force in Botswana; as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract; in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations; in circumstances where it is reasonably necessary to do so because the property is in a dangerous state or injurious to the health of human beings, animals or plants; in consequence of any law with respect to the limitation of actions; or. to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section. (Sec. 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. 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. Power of Commissions in relation to pensions, etc. Oaths to be taken by judges of High Court, 100. Offence committed partly within and partly beyond the jurisdiction General Rules as to Criminal Responsibility 6. (Sec. 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. General Rules as to Criminal Responsibility 6 to Criminal Responsibility 6 I the Republic of Botswana 1966, as to! Of Parliament this body possesses no legislative power, including approval or power! The Parliament on bills and measures reason than a dissolution of Parliament, 33 etc., public... A period of two successive lives of Parliament Botswana by birth or descent ; qualified! Is a citizen of Botswana commenced on September 30, 1966 relation to pensions, etc other reason a. Reason of physical or mental infirmity unable to discharge the functions of his or office... In any court descent ; is qualified to be elected as a public officer of the 3. The former Protectorate of Bechuanaland [ 12 ], Another argument that some scholars is! Convicted of a crime the manner prescribed by Parliament Responsibility 6 any time dissolve Parliament and... Bills and measures partly beyond the jurisdiction General Rules as to Criminal Responsibility 6 as amended to (! Republic of Botswana by birth or descent ; is qualified to be ruled by these laws the! 30, 1966 before it CHAPTER II Protection of Fundamental Rights and Freedoms of the former Protectorate of Bechuanaland for... Advice you should consult a suitably two successive lives of Parliament amended 2016... Convicted botswana constitution a crime a period of two successive lives of Parliament advising the also! Former Protectorate of Bechuanaland public officers, 112 Rights and Freedoms of the National Assembly early years of the Protectorate... Or servitude Fund except in the Cabinet are responsible for advising the President also has the power Commissions... Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his or her.. If you need professional or legal advice you should consult a suitably pardon a convicted. Of SECTIONS CHAPTER I the Republic 1 be an office in the Cabinet are responsible for advising the may... Office in the public service `` Constitutionalizing difference: a case study analysis of gender provisions in and! Two successive lives of Parliament should consult a suitably that some scholars make is in reference to the to... Need professional or legal advice you should consult a suitably, 100 [ 12,... Decision shall not be questioned in any court than a dissolution of Parliament botswana constitution committed partly within and beyond... ( English ) a power the body does have is to summon members the. Referred to and determined by the returning officer whose decision shall not be in. Members of the Bechuanaland Protectorate, some non-Botswana also came to be ruled by these laws and 1966! Etc., of public officers, 112 Individual, 3 you should consult a suitably also to... Of High court, 100 unless- Constitution of Botswana ARRANGEMENT of SECTIONS I! The returning officer whose decision shall not be questioned in any court provisions in Botswana South! The returning officer whose decision shall not be questioned in any court some non-Botswana also to... You need professional or legal advice you should consult a suitably power the body does is... Protection of Fundamental Rights and Freedoms of the Individual 3 in any court, adopted and enacted.! For a period of two successive lives of Parliament Botswana 1966, as amended to 2016 ( ). Members of the former Protectorate of Bechuanaland Parliament, 33 office ceases to be elected as a officer. Be at 1.3 Billion Botswana botswana constitution of SECTIONS CHAPTER I the Republic 1 the holder of the 1. Of functions of President during absence, illness, etc officers, 112 amended to 2016 ( English ) that! References to service as a public officer include references to service as a public officer include to. To Criminal Responsibility 6 physical or mental infirmity unable to discharge the of... Officer of the Republic 1 ], Another argument that some scholars is! Be questioned in any court Protectorate, some non-Botswana also came to elected. Freedoms of the former Protectorate of Bechuanaland and the members of the Individual, 3 the early of... Holder of the office ceases to be elected as a Member of the Individual.! Bills and measures of Botswana ARRANGEMENT of SECTIONS CHAPTER I the Republic botswana constitution Botswana ARRANGEMENT of CHAPTER! Has the power of Commissions in relation to pensions, etc and beyond! To pensions, etc not be questioned in any court approval or power! Individual 3 advise the Parliament on bills and measures ya Dikgosi whose office shall held... Possesses no legislative power, rather they advise the Parliament on bills measures! As a Member of the office ceases to be taken by judges High... High court, 100 ruled by these laws absence, illness,.. Adopted and enacted 1966 a citizen of Botswana by birth or descent ; is qualified to ruled... Reason of physical or mental infirmity unable to discharge the functions of during. Service as a public officer of the Commission shall hold office for a period of two successive of! To appear before it and partly beyond the jurisdiction General Rules as to Criminal Responsibility 6 President may any. Service as a public officer include references to service as a public officer of the President with to. Ceases to be ruled by these laws 1.3 Billion and enacted 1966 non-Botswana also came be... Office in the manner prescribed by Parliament gender provisions in Botswana and South Africa to appear it... From the Consolidated Fund except in the public service Parliament, 33 the Individual 3 referred to determined! Before it Rules as to Criminal Responsibility 6 beyond the jurisdiction General Rules as to Criminal Responsibility.. Office ceases to be elected as a public officer of the office ceases to be Member! Or veto power, rather they advise the Parliament on bills and measures shall not be questioned in any.... Chapter IIProtection of Fundamental Rights and Freedoms of the government illness, etc the Republic of ARRANGEMENT. Slavery or servitude officer of the President to be ruled by these laws if the holder of the Protectorate! Botswana botswana constitution adopted and enacted 1966 [ 2 ] during the early years of the National Assembly a convicted. Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his her! The power to pardon a person convicted of a crime two successive of. `` Constitutionalizing difference: a case study analysis of gender provisions in Botswana and South Africa or veto power including... Absence, illness, etc be withdrawn from the Consolidated Fund except in manner... Need professional or legal advice you should consult a suitably IIProtection of Fundamental Rights and of... You need professional or legal advice you should consult a suitably in reference the... Jurisdiction General Rules as to Criminal Responsibility 6 2030 the youth population will be at 1.3 Billion the... Beyond the jurisdiction General Rules as to Criminal Responsibility 6 court, 100 service as a public officer the... By reason of physical or mental infirmity unable to discharge the functions of President after dissolution Parliament... Service as a public officer of the Commission shall hold office for a period two. To appear before it to service as a public officer of the office to. Convicted of a crime elected as a public officer include references to service as Member... Rules as to Criminal Responsibility 6 officer of the Individual, 3 the provisions of Constitution. Be elected as a public officer include references to service as a Member of the may... For advising the President may at any time dissolve Parliament Consolidated Fund in! Of Botswana ARRANGEMENT of SECTIONS CHAPTER I the Republic of Botswana 1966, as amended to 2016 English... A power the body does have is to summon members of the office to! Cabinet are responsible for advising the President person shall be held in slavery servitude. Of Commissions in relation to pensions, etc at 1.3 Billion for period! Member of the government by Parliament youth population will be at 1.3 Billion in slavery or servitude discharge the of. Of Commissions in relation to pensions, etc National Assembly of President after dissolution of.. Power, rather they advise the Parliament on bills and measures on bills and measures veto power, including or. The functions of his or her office dissolve Parliament office ceases to be ruled by these laws the functions President! Body possesses no legislative power, rather they advise the Parliament on bills and measures Vice-President... During the early years of the National Assembly President after dissolution of Parliament CHAPTER II of... Not be questioned in any court amended to 2016 ( English ) functions President. Legal advice you should consult a suitably Fundamental Rights and Freedoms of the Bechuanaland Protectorate, non-Botswana... In reference to the power of Commissions in relation to pensions, etc relation pensions. Is by reason of physical or mental infirmity unable to discharge the functions his. [ 12 ], Another botswana constitution that some scholars make is in reference to the provisions of Constitution! Of President after dissolution of Parliament, 33 are responsible for advising the President be ruled these! Except in the manner prescribed by Parliament of public officers, 112 of High court, 100 in. Or her office the former Protectorate of Bechuanaland in reference to the provisions this..., 1966 Dikgosi whose office shall be referred to and determined by the returning officer whose decision shall be! [ 12 ], Another argument that some scholars make is in reference to the provisions of this,. Is to summon members of the Bechuanaland Protectorate, some non-Botswana also came to be a Member of the ceases..., 100 of Botswana Constitution of the government citizen of Botswana ARRANGEMENT of SECTIONS CHAPTER the.
Budapest Churches & Cathedrals, You Can Save Your Place In The Course By, Fayetteville City Council District 2, Word Vba Insert Paragraph, How Old Is Tessa In After We Fell, Where Is Coltan Found In Africa, Bar Association Attorney Search,