$Unique_ID{COW00473} $Pretitle{404} $Title{Botswana Chapter 5B. The House of Chiefs} $Subtitle{} $Author{Government of Botswana} $Affiliation{Government of Botswana} $Subject{house parliament assembly chiefs elected bill members national section time} $Date{1988} $Log{} Country: Botswana Book: Constitution of Botswana Author: Government of Botswana Affiliation: Government of Botswana Date: 1988 Chapter 5B. The House of Chiefs Part III. The House of Chiefs Composition of House of Chiefs 77. (1) There shall be a House of Chiefs for Botswana. (2) The House of Chiefs shall consist of - (a) eight ex-officio Members; (b) four Elected Members; and (c) three Specially Elected Members. Ex-officio Members of House of Chiefs 78. The ex-officio Members of the House of Chiefs shall be such persons as are for the time being performing the functions of the office of Chief in respect of the Bakgatla, Bakwena, Bamalete, Bamangwato, Bangwaketse, Barolong, Batawana and Batlokwa Tribes, respectively. Elected and Specially Elected Members of House of Chiefs 79. (1) The Elected Members of the House of Chiefs shall be elected from among their own number by the persons for the time being performing the functions of the office of Sub-Chief in the Chobe, Francistown, Ghanzi and Kgalagadi districts, respectively. (2) The Specially Elected Members of the House of Chiefs shall be elected by the ex-officio and Elected Members of the House of Chiefs in accordance with the provisions of this Constitution from among persons who are not and have not been within the preceding five years actively engaged in politics. (3) A person shall be deemed to be or to have been actively engaged in politics for the purposes of subsection (2) of this section in any circumstance in which he would be deemed to be or to have been so engaged for the purposes of section 64 (3) (b) (ii) of this Constitution. (4) Subject to the provisions of subsections (5) and (6) of this section a person shall be qualified to be elected as a Specially Elected Member of the House of Chiefs if, and shall not be qualified to be so elected unless, he - (a) is a citizen of Botswana; (b) has attained the age of twenty-one years; (c) 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 House; and (d) 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. (5) No person shall be qualified to be elected as a Specially Elected Member of the House of Chiefs who - (a) is, by virtue of his own act, under any acknowledgment 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 and has not been discharged, or has made a composition with his creditors and has not paid his 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 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 by such a court or substituted by competent authority for some other sentence imposed on him 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. (6) For the purpose 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. Oath of allegiance 80. Every Member of the House of Chiefs shall, before taking his seat therein, take and subscribe before the House of Chiefs the oath of allegiance. Secretary to House of Chiefs 81. There shall be a Secretary to the House of Chiefs whose office shall be an office in the public service. Tenure of office of Elected Members and Specially Elected Members 82. (1) An Elected Member of the House of Chiefs shall vacate his seat in the House - (a) on a dissolution of Parliament; or (b) if he ceases to be a person for the time being performing the functions of an office of Sub-Chief in the district from which he has been elected. (2) A Specially Elected Member of the House of Chiefs shall vacate his seat in the House - (a) on the dissolution of Parliament; (b) if he is absent from the sittings of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House; or (c) subject to the provisions of subsection (3) of this section, if any circumstances arise that, if he were not a Specially Elected Member of the House of Chiefs, would disqualify him for election as such. (3) (a) If circumstances such as are referred to in paragraph (c) of the preceding subsection arise in relation to a Member of the House by virtue of the fact that he 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 leave of the court or other authority or without such leave), he shall forthwith cease to perform his functions as a Member of the House but, subject to the next following paragraph, he shall not vacate his seat until the expiration of a period of thirty days thereafter: Provided that the Chairman of the House may, at the request of the Member, from time to time extend that period for further periods of thirty days to enable the Member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred and fifty days shall not be given without the approval of the House signified by resolution. (b) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Member of the House, 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 a Member to appeal, he shall forthwith vacate his seat. (c) If at any time before the Member of the House vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant by reason of those circumstances, and he may resume the performance of his functions as a Member of the House. Rules of Procedure of House of Chiefs 83. Subject to the provisions of this Constitution, the House of Chiefs 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 matters- (a) the appointment or election and tenure of office of a Chairman of the House; (b) the time and places at which the House shall meet; (c) the manner in which the views of the House 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 House; (e) the manner in which the Elected Members and Specially Elected Members of the House shall be elected. House of Chiefs may transact business notwithstanding vacancies 84. The House of Chiefs 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 House is first constituted or is reconstituted at any time; and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat or voted in the House or otherwise took part in the proceedings. Functions of House of Chiefs 85. (1) (a) The House of Chiefs 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 House shall be entitled to submit resolutions thereon to the National Assembly. (b) Any resolution which has been submitted to the National Assembly in accordance with the last foregoing paragraph shall forthwith be laid before the Assembly by the Clerk of the Assembly. (c) Any Minister who is responsible for a Bill such as is referred to in paragraph (a) of this subsection, or his representative, may attend the proceedings of the House when the copy of the Bill is being considered. (2) Any Minister may consult the House of Chiefs in respect of any matter on which he desires to obtain the opinion of the House, and for that purpose the Minister or his representative may attend the proceedings of the House. (3) The House of Chiefs 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. (4) A person attending the proceedings of the House of Chiefs by virtue of the provisions of subsection (1) (c) or (2) of this section shall be entitled to take part in the proceedings of the House relating to the matter in respect of which he attends as if he were a Member of the House: Provided that he shall not be entitled to vote in the House. Part IV. Powers of Parliament Legislative powers 86. Subject to the provisions of this Constitution, Parliament shall have power to make laws for the peace, order and good government of Botswana. Mode of exercising legislative powers 87. (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 House of Chiefs, and assented to by the President. (2) When a Bill is presented to the President for assent he shall either assent or withhold his assent. (3) Where the President withholds his assent to a Bill, the Bill shall be returned to the National Assembly. (4) If where the President withholds his 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 twenty-one days of its being again presented to him, unless he 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". Introduction of Bills 88. (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 Chiefs, Sub-Chiefs or Headmen; (b) the organization, powers or administration of African Courts; (c) African customary law, or the ascertainment or recording of African customary law; or (d) tribal organization or tribal property, unless- (i) a copy of the Bill has been referred to the House of Chiefs after it has been introduced in the National Assembly; and (ii) a period of thirty days has elapsed from the date when the copy of the Bill was referred to the House of Chiefs. Alteration of Constitution 89. (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 thirty 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 67 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 two-thirds of all the Members of the Assembly. (4) In so far as it alters any of the provisions mentioned in sub-section (3) (b) of this section no Bill shall be presented to the President for his 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. Part V. Summoning, Prorogation and Dissolution Sessions of Parliament 90. (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 sixty days of the date of the dissolution and a session of Parliament shall be appointed to commence within thirty days of the date of that general election. Prorogation and dissolution of Parliament 91. (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 twelve 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. Vote of no confidence in the Government 92. 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 office or dissolves Parliament. Sittings of National Assembly 93. (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. Part VI. Interpretation Votes of two-thirds of the Assembly 94. 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 and the Attorney-General.