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VOLUME: I
CONSTITUTION OF BOTSWANA
CHAPTER: IV The Executive ss 3056
Part:II The Cabinet ss 4246

42.     Ministers and Assistant Ministers

          (1) There shall be such offices of Minister of the Government (not exceeding six or such other 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.

          (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.

          (3) Appointments to the office of Minister or Assistant Minister shall be made by the President from among Members of the National Assembly:

          Provided that-

     (i)     not more than four persons may be appointed as Minister or Assistant Minister from amongst persons who are not Members of the Assembly but are qualified for election as such; and

     (ii)     if occasion arises for making an appointment to the office of a Minister or an Assistant Minister while Parliament is dissolved a person who was a Member of the Assembly before the dissolution may be appointed as a Minister or an Assistant Minister.

43.     Tenure of office of Ministers and Assistant Ministers

          The office of any Minister or Assistant Minister shall become vacant-

    (a)     in the case of a Minister or Assistant Minister appointed from among the Members of the National Assembly, or in the case of a Minister or Assistant Minister appointed from among persons who are not Members of the Assembly who becomes a Member of the Assembly before the expiration of four months from the date of his or her appointment-

         (i)       if he or she ceases to be a Member of the National Assembly otherwise than by reason of a dissolution of the National Assembly; or

         (ii)       if, at the first sitting of the Assembly after a general election, he or she is not a Member of the Assembly;

    (b)     in the case of a Minister or Assistant Minister appointed from among persons who are not Members of the Assembly, if before the expiration of four months from the date of his or her appointment-

         (i)       circumstances arise (other than a dissolution of the Assembly) that, if he or she were such a Member, would cause him or her to vacate his or her seat in the Assembly; or

         (ii)       he or she does not become a Member of the Assembly;

    (c)     if the holder of the office is removed from office by the President;

    (d)     upon the assumption by any person of the office of President.

44.     Cabinet

          (1) There shall be a Cabinet which shall consist of the President, Vice-President and the Ministers.

          (2) There shall preside at meetings of the Cabinet-

    (a)     the President;

    (b)     in the absence of the President, the Vice-President; or

    (c)     in the absence of the President and the Vice-President, such Minister as the President may designate.

          (3) The Cabinet may act notwithstanding any vacancy in its membership.

45.     Oaths to be taken by Ministers and Assistant Ministers

          The Vice-President, a Minister or an Assistant Minister shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by Parliament.

46.     Secretary to the Cabinet

          (1) There shall be a Secretary to the Cabinet whose office shall be a public office.

          (2) The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him or her by the President, for arranging the business for, and keeping the minutes of, the Cabinet, for conveying decisions of the Cabinet to the appropriate person or authority, and shall have such other functions as the President may from time to time direct.