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$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, expresse