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VOLUME: I
CONSTITUTION OF BOTSWANA
CHAPTER: IX Miscellaneous ss 125127
125.   Resignations

          (1) Any person who is appointed or elected to any office established by this Constitution may resign from that office by writing under his or her hand addressed to the person or authority by whom he or she was appointed or elected:

          Provided that in the case of a person who holds office as President his or her resignation from that office shall be addressed to the Chief Justice, in the case of a person who holds office as Speaker or Deputy Speaker of the National Assembly his or her resignation from that office shall be addressed to the Assembly, in the case of an Elected or Specially Elected Member of the Assembly his or her resignation shall be addressed to the Speaker, and in the case of a Member of the Ntlo ya Dikgosi his or her resignation from that office shall be addressed to the Chairman of the Ntlo ya Dikgosi.

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

126.   Reappointments and concurrent appointments

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

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

127.   Interpretation

          (1) In this Constitution unless the context otherwise requires-

          "the Assembly" means the National Assembly;

          "Botswana" means the territory that, on 29th September, 1966, was comprised in the former Protectorate of Bechuanaland;

          "financial year" means the period of 12 months ending on 31st March in any year or on such other day as Parliament may prescribe;

          "the Gazette" means the Botswana Government Gazette;

          "high judicial office" means the office of a judge of a court of unlimited jurisdiction in civil and criminal matters in Botswana, a Commonwealth country or in any country outside the Commonwealth that may be prescribed by Parliament or the office of judge of a court having jurisdiction in appeals from such a court;

          ''Kgosana'' (pl. Dikgosana) means Headman;

          ''Kgosi'' (pl. Dikgosi) means Chief or Sub-Chief as defined in the Bogosi Act;

          "oath" includes affirmation;

          "the oath of allegiance" means such oath of allegiance as may be prescribed by law;

          "public office" means, subject to the provisions of subsections (2) and (3) of this section, an office of emolument in the public service;

          "public officer" means a person holding or acting in any public office;

          "the public service" means the civil service of the Government;

          "session" means the sittings of the National Assembly beginning when it first sits after the coming into operation of this Constitution or after Parliament is prorogued or dissolved at any time and ending when Parliament is prorogued or is dissolved without having been prorogued;

          "sitting" means a period during which the National Assembly is sitting without adjournment and includes any period during which it is in committee;

          "subordinate court" means any court established for Botswana other than-

    (a)     the Court of Appeal;

    (b)     the High Court;

    (c)     a court martial; or

    (d)     the Industrial Court.

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

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

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

          (5) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his or her office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office:

          Provided that nothing in this subsection shall apply to references to the President or Vice-President in section 35, 36 or 39 of this Constitution.

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

          (7) References in this Constitution to the power to remove a public officer from his or her office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:

          Provided that nothing in this subsection shall be construed as conferring on any person or authority power to require a judge of the Court of Appeal or the High Court, the Auditor-General or the Director of Public Prosecutions to retire from the public service.

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

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

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

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

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

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

FIRST SCHEDULE TO THE CONSTITUTION

(Section 58(2)(b))

ELECTION OF SPECIALLY ELECTED MEMBERS OF
THE NATIONAL ASSEMBLY

1. (1) In this Schedule-

    "by-election" means an election to fill a vacancy among the Specially Elected Members occurring otherwise than upon a dissolution of Parliament;

    "general election" means an election to fill the vacancies among the Specially Elected Members occurring upon a dissolution of Parliament;

    "the Speaker" means the Speaker of the National Assembly; and

    "prescribed" means prescribed by rules made under paragraph 2 of this Schedule.

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

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

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

4. (1) The President shall nominate four candidates for election in the case of a general election and he or she shall nominate one candidate for election in the case of a by-election.

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

    (3) A list of the candidates nominated for election by the President and the Elected Members of the National Assembly under the foregoing provisions of this paragraph shall be prepared, and each Elected Member of the Assembly shall be entitled to vote-

    (a)     in the case of a general election, for four candidates; and

    (b)     in the case of a by-election, for one candidate,

on the list so constituted.

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

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

5. (1) The Speaker shall cause elections of Specially Elected Members to be held-

    (a)     in the case of a general election, as soon as practicable after the holding of a general election of the Elected Members of the National Assembly and before the Assembly first meets after that general election; and

    (b)     in the case of a by-election, as soon as practicable after a vacancy has occurred among the Specially Elected Members.

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

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

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

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

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

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

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

SECOND SCHEDULE TO THE CONSTITUTION

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

THE CENTRAL
DISTRICT

(1) Bobirwa Region

(2) Boteti region

(3) Mahalapye Region

(4) Serowe Region

(5) Tonota Region

(6) Tswapong Region

(7) Tutume Region

THE GHANZI
DISTRICT

(8) Ghanzi East Region

(9) GhanziWest Region

THE KGALAGADI
DISTRICT

(10) Kgalagadi North Region

(11) Kgalagadi South Region

THE KWENENG
DISTRICT

(12) Letlhakeng Region

(13) Molepolole Region

(14) Thamaga Region

THE NORTH
WEST DISTRICT

(15) Maun Region

(16) Ngami Region

(17) Okavango Region

THE SOUTHERN
DISTRICT

(18) Kanye Region

(19) Moshupa Region

(20) NgwaketseWest Region.