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$Unique_ID{COW00472}
$Pretitle{404}
$Title{Botswana
Chapter 5A. Parliament}
$Subtitle{}
$Author{Government of Botswana}
$Affiliation{Government of Botswana}
$Subject{assembly
national
member
elected
commission
members
office
speaker
botswana
section}
$Date{1988}
$Log{}
Country: Botswana
Book: Constitution of Botswana
Author: Government of Botswana
Affiliation: Government of Botswana
Date: 1988
Chapter 5A. Parliament
Part I. Composition
Parliament
57. There shall be a Parliament of Botswana which shall consist of the
President and a National Assembly.
Composition of National Assembly
58. (1) The President shall be ex-officio a member of the National
Assembly, and shall be entitled to speak and to vote in all proceedings of the
National Assembly.
(2) In addition to the President the National Assembly shall consist of-
(a) thirty-four Elected Members who shall be elected in accordance with
the provisions of this Constitution and subject thereto in accordance with
the provisions of any Act of Parliament;
(b) four Special Elected Members who shall be elected in accordance with
the provisions of the Schedule to this Constitution and subject thereto in
accordance with the provisions of any Act of Parliament; and
(c) the Attorney-General.
(3) If a person who is not a member of the National Assembly is elected
to the office of Speaker of the National Assembly, that person shall, by
virtue of holding that office, be a member of the Assembly in addition to the
members referred to in subsections (1) and (2) of this section.
Speaker
59. (1) There shall be a Speaker of the National Assembly who shall be
elected by the Members of the Assembly from among persons who are Members of
the Assembly or from among persons who are not Members of the Assembly.
(2) The President, the Vice-President, a Minister, an Assistant Minister
or a public officer shall not be qualified to be elected as Speaker.
(3) The Speaker shall vacate his office-
(a) if, having been elected from among the Members of the National
Assembly, he ceases to be a Member of the Assembly otherwise than by reason
of a dissolution of Parliament or if he is required by virtue, of section 68
(2) of this Constitution, to cease to perform his functions as a Member of the
Assembly;
(b) if any circumstances arise that, if he were not Speaker, would
disqualify him for election as such;
(c) when the Assembly first sits after any dissolution of Parliament; or
(d) if he is removed from office by a resolution of the Assembly
supported by the votes of not less than two-thirds of all the Members thereof.
(4) No business shall be transacted in the National Assembly (other than
an election to the office of Speaker) at any time when the office of Speaker
is vacant.
Deputy Speaker
(60). (1) There shall be a Deputy Speaker of the National Assembly who
shall be elected from among the persons who are Members of the Assembly other
than the President, the Vice-President, Ministers or Assistant Ministers.
(2) The Members of the National Assembly shall elect a person to the
office of Deputy Speaker when the Assembly first sits after any dissolution
and, if the office becomes vacant otherwise than by reason of the dissolution
of the Assembly, at the first sitting of the Assembly after the office becomes
vacant.
(3) The Deputy Speaker shall vacate his office-
(a) if he ceases to be a Member of the National Assembly, otherwise than
by reason of a dissolution of Parliament;
(b) if any circumstances arise that, if he were not Deputy Speaker, would
disqualify him for election as such;
(c) if he is required, by virtue of section 68 (2) of his Constitution,
to cease to perform his functions as a Member of the Assembly;
(d) if he is elected as Speaker;
(e) if he is removed from office by a resolution of the Assembly
supported by the votes of not less than two-thirds of all the Members of the
Assembly; or
(f) when the Assembly first sits after any dissolution of Parliament.
Qualifications for election to National Assembly
61. Subject to the provisions of section 62 of this Constitution, a
person shall be qualified to be elected as a Member of the National Assembly
if, and shall not be qualified to be so elected unless-
(a) he is a citizen of Botswana;
(b) he has attained the age of twenty-one years;
(c) he 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;
and
(d) he 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 Assembly.
Disqualifications for membership of National Assembly
62. (1) No person shall be qualified to be elected as a Member of the
National Assembly who-
(a) is, by virtue of his 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 and has not
been discharged, or has made a composition with his creditors and has not paid
his debts in full;
(c) is certified to be insane or otherwise adjudged or declared to be of
unsound mind under any law for the time being in force in Botswana;
(d) is a Member of the House of Chiefs;
(e) 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;
(f) 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; or
(g) 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
Assembly or the compilation or revision of any electoral register for the
purposes of such elections.
(2) Parliament may provide that a person shall not be qualified for
election to the National Assembly for such period (not exceeding five years)
as may be prescribed if he is convicted of any such offence connected with
elections to the Assembly as may be prescribed.
(3) For the purpose of his 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.
Constituencies
63. Botswana shall be divided into as many constituencies as there are
Elected Members of the National Assembly and each of those constituencies
shall return one Member to the National Assembly.
Delimitation Commission
64. (1) The Judicial Service Commission shall, not later than 1st March,
1969, and thereafter at intervals of not less than five nor more than ten
years, appoint a Delimitation Commission consisting of a Chairman and not more
than four other members.
(2) Notwithstanding the provisions of subsection (1) of this section, at
any time when-
(a) Parliament had made provision altering the number of seats of Elected
Members in the National Assembly; or
(b) a comprehensive national population census is held in Botswana, the
Judicial Service Commission shall, as soon as practicable thereafter, appoint
a Delimitation Commission.
(3) (a) The Chairman of a Delimitation Commission shall be selected from
among persons who hold or have held high judicial office