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$Unique_ID{COW00478}
$Pretitle{404}
$Title{Botswana
Schedule to the Constitution}
$Subtitle{}
$Author{Government of Botswana}
$Affiliation{Government of Botswana}
$Subject{elected
election
assembly
members
general
specially
case
national
schedule
candidates}
$Date{1988}
$Log{}
Country: Botswana
Book: Constitution of Botswana
Author: Government of Botswana
Affiliation: Government of Botswana
Date: 1988
Schedule to the Constitution
Election of Specially Elected Members of 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 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 may direct.
4. (1) The President shall nominate four candidates for election in the
case of a general election and he 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 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 shall have 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 purpose 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 person 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 stand 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 candidate 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.