Cutie you're crazy
From Roach Busters
CHAPTER I: The Republic
Declaration of Republic
1. (1) _____ is a sovereign Republic.
(2) The economy of _____ shall be based on private, communal and tribal ownership and free enterprise.
(3) The territory of _____ shall consist of the districts mentioned in Schedule 1, together with all other land that may be lawfully added thereto.
(4) _____ shall be the seat of government.
Public Seal
2. (1) The Public Seal of the Republic shall be such device as may be prescribed by or under an Act of Parliament.
(2) The Public Seal shall at all times be in the custody of the President and, except in so far as may otherwise be determined by the President, shall be used on all public documents on which such use is required by this Constitution or any other law.
Supremacy of Constitution
3. (1) This Constitution shall be the supreme law of _____.
(2) Any law, passed before or after the commencement of this Constitution, which is inconsistent with the provisions of this Constitution, shall, to the extent in which such an inconsistency exists, be void.
CHAPTER II: Citizenship
Acquisition and Loss of Citizenship
4. The following persons shall be citizens of _____ by birth —
(a) those born in ____ before the date of independence whose fathers or mothers would have been _____ citizens at the time of the birth of such persons, if this Constitution had been in force at that time; and
(b) those born in _____ before the date of independence, who are not _____ citizens under subsection (a) hereof, and whose fathers or mothers were ordinarily resident in _____ at the time of the birth of such persons:
Provided that their fathers or mothers were not then persons:
(aa) who were enjoying diplomatic immunity in _____ under any law relating to diplomatic privileges; or
(bb) who were career representatives of another country; or
(cc) who were members of any police, military or security unit seconded for service within _____ by the Government of another country:
Provided further that this subsection shall not apply to persons claiming citizenship of _____ by birth if such persons were ordinarily resident in _____ at the date of independence and had been so resident for a continuous period of not less than five (5) years prior to such date, or if the fathers or mothers of such persons claiming citizenship were ordinarily resident in _____ at the date of the birth of such persons and had been so resident for a continuous period of not less than five (5) years prior to such date;
(c) those born in _____ after the date of independence whose fathers or mothers are _____ citizens at the time of the birth of such persons;
(d) those born in _____ after the date of independence who do not qualify for citizenship under subsection (c) hereof, and whose fathers or mothers are ordinarily resident in _____ at the time of the birth of such persons:
Provided that their fathers or mothers are not then persons:
(aa) enjoying diplomatic immunity in _____ under any law relating to diplomatic privileges; or
(bb) who are career representatives of another country; or
(cc) who are members of any police, military or security unit seconded for service within _____ by the Government of another country; or
(dd) who are illegal immigrants:
Provided further that sub-paragraphs (aa), (bb), (cc) and (dd) hereof will not apply to children who would otherwise be stateless.
(2) The following persons shall be citizens of _____ by descent —
(a) those who are not _____ citizens under subsection (1) hereof and whose fathers or mothers at the time of the birth of such persons are citizens of _____ or whose fathers or mothers would have qualified for _____ citizenship by birth under subsection (1) hereof, if this Constitution had been in force at that time; and
(b) Who comply with such requirements as to registration of citizenship as may be required by Act of Parliament:
Provided that nothing in this Constitution shall preclude Parliament from enacting legislation which requires the birth of such persons born after the date of independence to be registered within a specific time either in _____ or at an embassy, consulate or office of a trade representative of the Government of _____.
(3) The following persons shall be citizens of _____ by marriage —
(a) those who are not _____ citizens under subsection (1) or (2) hereof and who:
(aa) in good faith marry a _____ citizen or, prior to the coming into force of this Constitution, in good faith married a person who would have qualified for _____ citizenship if this Constitution had been in force; and
(bb) subsequent to such marriage have ordinarily resided in _____ as the spouse of such person for a period of not less than two (2) years; and
(cc) apply to become citizens of _____;
(b) For the purposes of this subsection (and without derogating from any effect that it may have for any other purposes) a marriage by customary law shall be deemed to be a marriage:
Provided that nothing in this Constitution shall preclude Parliament from enacting legislation which defines the requirements which need to be satisfied for a marriage by customary law to be recognized as such for the purposes of this subsection.
(4) Citizenship by registration may be claimed by persons who are not _____ citizens under subsections (1), (2) or (3) hereof and who were ordinarily resident in _____ at the date of Independence, and had been so resident for a continuous period of not less than five (5) years prior to such date:
Provided that application for _____ citizenship under this subsection is made within a period of twelve (12) months from the date of Independence, and prior to making such application, such persons renounce the citizenship of any other country of which they are citizens.
(5) Citizenship by naturalization may be applied for by persons who are not _____ citizens under subsections (1), (2), (3) or (4) hereof and who —
(a) are ordinarily resident in _____ at the time when the application for naturalization is made; and
(b) have been so resident in _____ for a continuous period of not less than five (5) years (whether before or after the date of independence); and
(c) satisfy any other criteria pertaining to health, morality, security or legality of residence as may be prescribed by law.
(6) Nothing contained herein shall preclude Parliament from authorizing by law the conferment of _____ citizenship upon any fit and proper person by virtue of any special skill or experience or commitment to or services rendered to the _____ nation either before or at any time after the date of independence.
(7) _____ citizenship shall be lost by persons who renounce their _____ citizenship by voluntarily signing a formal declaration to that effect.
(8) Nothing in this Constitution shall preclude Parliament from enacting legislation providing for the loss of _____ citizenship by persons who, after the date of independence —
(a) have acquired the citizenship of any other country by any voluntary act; or
(b) have served or volunteered to serve in the armed or security forces of any other country without the written permission of the _____ Government; or
(c) have taken up permanent residence in any other country and have absented themselves thereafter from _____ for a period in excess of two (2) years without the written permission of the _____ Government:
Provided that no person who is a citizen of _____ by birth or descent may be deprived of _____ citizenship by such legislation.
(9) Parliament shall be entitled to make further laws not inconsistent with this Constitution regulating the acquisition or loss of _____ citizenship.
CHAPTER III: Declaration of Fundamental Rights
Protection of Fundamental Rights and Freedoms
5. (1) Fundamental rights and freedoms of the individual are inherent and not granted by the State.
(2) The rights and freedoms of the individual and groups enshrined in this Chapter shall be respected, upheld and promoted by all organs and agencies of Government and by all persons.
Protection of Life
6. (1) Every person has the right to life.
(2) The life of a person begins at conception.
(3) No law may prescribe death as a competent sentence. No court or tribunal shall have the power to impose a sentence of death upon any person. No executions shall take place in _____.
(4) Abortion is not permitted unless, in the opinion of a trained health professional, there is need for emergency treatment, or the life or health of the mother is in danger.
Protection of Liberty
7. No persons shall be deprived of personal liberty except according to procedures established by law.
Respect for Human Dignity
8. (1) The dignity of all persons shall be inviolable.
(2) (a) In any judicial proceedings or in other proceedings before any organ of the State, and during the enforcement of a penalty, respect for human dignity shall be guaranteed.
(b) No persons shall be subject to torture or to cruel, inhuman or degrading treatment or punishment.
Slavery and Forced Labor
9. (1) No persons shall be held in slavery or servitude.
(2) No persons shall be required to perform forced labor.
(3) For the purposes of this section, the expression "forced labor" shall not include —
(a) any labor required in consequence of a sentence or order of a court;
(b) any labor required of persons while lawfully detained which, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene;
(c) any labor required of members of the defense force, the police force and the prison service in pursuance of their duties as such or, in the case of persons who have conscientious objections to serving as members of the defense force, any labor which they are required by law to perform in place of such service;
(d) any labor required during any period of public emergency or in the event of any other emergency or calamity which threatens the life and well-being of the community, to the extent that requiring such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation;
(e) any labor reasonably required as part of reasonable and normal communal or other civic obligations.
Equality and Freedom from Discrimination
10. (1) All persons shall be equal before the law.
(2) No persons may be discriminated against on the grounds of sex, race, color, ethnic origin, religion, creed or social or economic status.
Arrest and Detention
11. (1) No persons shall be subject to arbitrary arrest or detention.
(2) No persons who are arrested shall be detained in custody without being informed promptly in a language they understand of the grounds for such arrest.
(3) All persons who are arrested and detained in custody shall be brought before the nearest magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a magistrate or other judicial officer.
(4) Nothing contained in subsection (3) hereof shall apply to illegal immigrants held in custody under any law dealing with illegal immigration:
Provided that such persons shall not be deported from _____ unless deportation is authorized by a tribunal empowered by law to give such authority.
(5) No persons who have been arrested and held in custody as illegal immigrants shall be denied the right to consult confidentially legal practitioners of their choice, and there shall be no interference with this right except such as is in accordance with the law and is necessary in a democratic society in the interest of national security or for public safety.
Fair Trial
12. (1) (a) In the determination of their civil rights and obligations or any criminal charges against them, all persons shall be entitled to a fair and public hearing by an independent, impartial and competent court or tribunal established by law:
Provided that such court or tribunal may exclude the press and/or the public from all or any part of the trial for reasons of morals, the public order or national security, as is necessary in a democratic society.
(b) A trial referred to in subsection (a) hereof shall take place within a reasonable time, failing which the accused shall be released.
(c) Judgments in criminal cases shall be given in public, except where the interests of juvenile persons or morals otherwise require.
(d) All persons charged with an offense shall be presumed innocent until proven guilty according to law, after having had the opportunity of calling witnesses and cross-examining those called against them.
(e) All persons shall be afforded adequate time and facilities for the preparation and presentation of their defense, before the commencement of and during their trial, and shall be entitled to be defended by a legal practitioner of their choice.
(f) No persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of paragraph (b) of subsection (2) of section eight.
(2) No persons shall be liable to be tried, convicted or punished again for any criminal offense for which they have already been convicted or acquitted according to law:
Provided that nothing in this subsection shall be construed as changing the provisions of the common law defenses of "previous acquittal" and "previous conviction".
(3) No persons shall be tried or convicted for any criminal offense or on account of any act or omission which did not constitute a criminal offense at the time when it was committed, nor shall a penalty be imposed exceeding that which was applicable at the time when the offense was committed.
Privacy
13. (1) No persons shall be subject to interference with the privacy of their homes, correspondence or communications save as in accordance with law and as is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the protection of health or morals, for the prevention of disorder or crime or for the protection of the rights or freedoms of others.
(2) Searches of the person or the homes of individuals shall only be justified —
(a) Where these are authorized by a competent judicial officer;
(b) in cases where delay in obtaining such judicial authority carries with it the danger of prejudicing the objects of the search or the public interest, and such procedures as are prescribed by Act of Parliament to preclude abuse are properly satisfied.
Family
14. (1) Men and women of full age, without any limitation due to race, color, ethnic origin, nationality, religion, creed or social or economic status shall have the right to marry and to found a family. They shall be entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into with the free consent of the man and woman intending to marry.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Children's Rights
15. (1) Children shall have the right from birth to a name, the right to acquire a nationality and, subject to legislation enacted in the best interests of children, as far as possible the right to know and be cared for by their parents.
(2) Children are entitled to be protected from economic exploitation and shall not be employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral or social development. For the purposes of this subsection children shall be persons under the age of sixteen (16) years.
(3) No children under the age of fourteen (14) years shall be employed to work in any factory or mine, save under conditions and circumstances regulated by Act of Parliament. Nothing in this subsection shall be construed as derogating in any way from subsection (2) hereof.
(4) Any arrangement or scheme employed on any farm or other undertaking, the object or effect of which is to compel the minor children of an employee to work for or in the interest of the employer of such employee, shall for the purposes of section nine hereof be deemed to constitute an arrangement or scheme to compel the performance of forced labor.
(5) No law authorizing preventive detention shall permit children under the age of sixteen (16) years to be detained.
Property
16. (1) All persons shall have the right in any part of _____ to acquire, own and dispose of all forms of immovable and movable property individually or in association with others and to bequeath their property to their heirs or legatees:
Provided that Parliament may by legislation prohibit or regulate as it deems expedient the right to acquire property by persons who are not _____ citizens.
(2) The State or a competent body or organ authorized by law may expropriate property in the public interest subject to the payment of just compensation, in accordance with requirements and procedures to be determined by Act of Parliament.
Political Activity
17. (1) All citizens shall have the right to participate in peaceful political activity intended to influence the composition and policies of the Government. All citizens shall have the right to form and join political parties and, subject to such qualifications prescribed by law as are necessary in a democratic society to participate in the conduct of public affairs, whether directly or through freely chosen representatives.
(2) Every citizen who has reached the age of eighteen (18) years shall have the right to vote and who has reached the age of twenty-one (21) years to be elected to public office, unless otherwise provided herein.
(3) The rights guaranteed by subsection (2) hereof may only be abrogated, suspended or be impinged upon by Parliament in respect of specified categories of persons on such grounds of infirmity or on such grounds of public interest or morality as are necessary in a democratic society.
Administrative Justice
18. Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed upon such bodies and officials by common law and any relevant legislation, and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a competent court or tribunal.
Culture
19. Every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this Constitution and further subject to the condition that the rights protected by this section do not impinge upon the rights of others or the national interest.
Education
20. (1) All persons shall have the right to education.
(2) Primary education shall be compulsory and the State shall provide reasonable facilities to render effective this right for every resident within _____, by establishing and maintaining State schools at which primary education will be provided free of charge.
(3) Children shall not be allowed to leave school until they have completed their primary education or have attained the age of sixteen (16) years, whichever is the sooner, save in so far as this may be authorized by Act of Parliament on grounds of health or other considerations pertaining to the public interest.
(4) All persons shall have the right, at their own expense, to establish and to maintain private schools, or colleges or other institutions of tertiary education:
Provided that —
(a) such schools, colleges or institutions of tertiary education are registered with a Government department in accordance with any law authorizing and regulating such registration;
(b) the standards maintained by such schools, colleges or institutions of tertiary education are not inferior to the standards maintained in comparable schools, colleges or institutions of tertiary education funded by the State;
(c) no restrictions of whatever nature are imposed with respect to the admission of pupils based on race, color or creed;
(d) no restrictions of whatever nature are imposed with respect to the recruitment of staff based on race or color.
Fundamental Freedoms
21. (1) All persons shall have the right to —
(a) freedom of speech and expression, which shall include freedom of the press and other media;
(b) freedom of thought, conscience and belief, which shall include academic freedom in institutions of higher learning;
(c) freedom to practice any religion and to manifest such practice;
(d) assemble peaceably and without arms;
(e) freedom of association, which shall include freedom to form and join associations or unions, including trade unions and political parties;
(f) withhold their labor without being exposed to criminal penalties;
(g) move freely throughout _____;
(h) reside and settle in any part of _____;
(i) leave and return to _____;
(j) practice any profession, or carry on any occupation, trade or business.
(2) The fundamental freedoms referred to in subsection (1) hereof shall be exercised subject to the law of _____, in so far as such law imposes reasonable restrictions on the exercise of the rights and freedoms conferred by the said subsection, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of _____, national security, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense.
Limitation upon Fundamental Rights and Freedoms
22. Whenever or wherever in terms of this Constitution the limitation of any fundamental rights or freedoms contemplated by this Chapter is authorized, any law providing for such limitation shall —
(a) be of general application, shall not negate the essential content thereof, and shall not be aimed at a particular individual;
(b) specify the ascertainable extent of such limitation and identify the section or sections hereof on which authority to enact such limitation is claimed to rest.
Human Rights and Freedoms Additional to Other Rights
23. The rights, duties, declarations and guarantees relating to the fundamental and other human rights and freedoms specifically mentioned in this Chapter shall not be regarded as excluding others not specifically mentioned.
Derogation
24. (1) Nothing contained in or done under the authority of section twenty-six hereof shall be held to be inconsistent with or in contravention of this Constitution to the extent that it authorizes the taking of measures during any period when _____ is in a state of national defense or any period when a declaration of emergency under this Constitution is in force.
(2) Where any persons are detained by virtue of such authorization as is referred to in subsection (1) hereof, the following provisions shall apply —
(a) they shall, as soon as reasonably practicable and in any case not more than five (5) days after the commencement of their detention, be furnished with a statement in writing in a language that they understand specifying in detail the grounds upon which they are detained and, at their request, this statement shall be read to them;
(b) not more than fourteen (14) days after the commencement of their detention, a notification shall be published in the Gazette stating that they have been detained and giving particulars of the provision of law under which their detention is authorized;
(c) not more than one (1) month after the commencement of their detention and thereafter during their detention at intervals of not more than three (3) months, their cases shall be reviewed by the Advisory Board referred to in paragraph (c) of subsection (5) of section twenty-six hereof, which shall order their release from detention if it is satisfied that it is not reasonably necessary for the purposes of the emergency to continue the detention of such persons;
(d) they shall be afforded such opportunity for the making of representations as may be desirable or expedient in the circumstances, having regard to the public interest and the interests of the detained persons.
(3) Nothing contained in this section shall permit a derogation from or suspension of the fundamental rights or freedoms referred to in sections five, six, eight, nine, ten, twelve, fourteen, fifteen, eighteen, nineteen and paragraphs (a), (b), (c) and (e) of subsection (1) of section twenty-one hereof, or the denial of access by any persons to legal practitioners or a court of law.
Enforcement of Fundamental Rights and Freedoms
25. (1) Save in so far as it may be authorized to do so by this Constitution, Parliament or any subordinate legislative authority shall not make any law, and the executive and the agencies of Government shall not take any action which abolishes or abridges the fundamental rights and freedoms conferred by this Chapter, and any law or action in contravention thereof shall to the extent of the contravention be invalid:
Provided that —
(a) a competent court, instead of declaring such law or action to be invalid, shall have the power and the discretion in an appropriate case to allow Parliament, any subordinate legislative authority, or the executive and the agencies of Government, as the case may be, to correct any defect in the impugned law or action within a specified period, subject to such conditions as may be specified by it. In such event and until such correction, or until the expiry of the time limit set by the court, whichever be the shorter, such impugned law or action shall be deemed to be valid;
(b) any law which was in force immediately before the date of independence shall remain in force until amended, repealed or declared unconstitutional. If a competent court is of the opinion that such law is unconstitutional, it may either set aside the law, or allow Parliament to correct any defect in such law, in which event the provisions of paragraph (a) hereof shall apply.
(2) Aggrieved persons who claim that a fundamental right or freedom guaranteed by this Constitution has been infringed or threatened shall be entitled to approach a competent court to enforce or protect such a right or freedom, and may approach the Ombudsman to provide them with such legal assistance or advice as they require, and the Ombudsman shall have the discretion in response thereto to provide such legal or other assistance as he or she may consider expedient.
(3) Subject to the provisions of this Constitution, the court referred to in subsection (2) hereof shall have the power to make all such orders as shall be necessary and appropriate to secure such applicants the enjoyment of the rights and freedoms conferred on them under the provisions of this Constitution, should the court come to the conclusion that such rights or freedoms have been unlawfully denied or violated, or that grounds exist for the protection of such rights or freedoms by interdict.
(4) The power of the court shall include the power to award monetary compensation in respect of any damage suffered by the aggrieved persons in consequence of such unlawful denial or violation of their fundamental rights and freedoms, where it considers such an award to be appropriate in the circumstances of particular cases.
State of Emergency, State of National Defense and Martial Law
26. At a time of national disaster or during a state of national defense or public emergency threatening the life of the nation or the constitutional order, the President may by Proclamation in the Gazette declare that a state of emergency exists in _____ or any part thereof.
(2) A declaration under subsection (1) hereof, if not sooner revoked, shall cease to have effect —
(a) in the case of a declaration made when the National Assembly is sitting or has been summoned to meet, at the expiration of a period of seven (7) days after publication of the declaration; or
(b) in any other case, at the expiration of a period of thirty (30) days after publication of the declaration;
unless before the expiration of that period, it is approved by a resolution passed by the National Assembly by a two-thirds majority of all its members.
(3) Subject to the provisions of subsection (4) hereof, a declaration approved by a resolution of the National Assembly under subsection (2) hereof shall continue to be in force until the expiration of a period of six (6) months after being so approved or until such earlier date as may be specified in the resolution:
Provided that the National Assembly may, by resolution by a two-thirds majority of all its members, extend its approval of the declaration for periods of not more than six (6) months at a time.
(4) The National Assembly may by resolution at any time revoke a declaration approved by it in terms of this section.
(5) (a) During a state of emergency in terms of this section or when a state of national defense prevails, the President shall have the power by Proclamation to make such regulations as in his or her opinion are necessary for the protection of national security, public safety and the maintenance of law and order.
(b) The powers of the President to make such regulations shall include the power to suspend the operation of any rule of the common law or statute or any fundamental right or freedom protected by this Constitution, for such period and subject to such conditions as are reasonably justifiable for the purpose of dealing with the situation which has given rise to the emergency:
Provided that nothing in this subsection shall enable the President to act contrary to the provisions of section twenty-four hereof.
(c) Where any regulation made under subsection (b) hereof provides for detention without trial, provision shall also be made for an Advisory Board, to be appointed by the President on the recommendation of the Judicial Service Commission, and consisting of no more than five (5) persons, of whom no fewer than three (3) persons shall be Judges of the Supreme Court or the High Court or qualified to be such. The Advisory Board shall perform the function set out in paragraph (c) of subsection (2) of section twenty-four.
(6) Any regulations made by the President pursuant to the provisions of subsection (5) hereof shall cease to have legal force if they have not been approved by a resolution of the National Assembly within fourteen (14) days from the date when the National Assembly first sits in session after the date of the commencement of any such regulations.
(7) The President shall have the power to proclaim or terminate martial law. Martial law may be proclaimed only when a state of national defense involving another country exists or when civil war prevails in _____:
Provided that any proclamation of martial law shall cease to be valid if it is not approved within a reasonable time by a resolution passed by a two-thirds majority of all the members of the National Assembly.
CHAPTER IV: The Executive
PART I: The President and the Vice-President
Office of President
27. There shall be a President of the Republic of _____ who shall be the Head of State.
First President
28. (1) The first President shall be the person who immediately before the date of independence holds the office of Prime Minister under the Constitution.
(2) The first President shall be deemed to have assumed office at the coming into operation of this Constitution.
Election of President After Dissolution of Parliament
29. (1) Whenever Parliament is dissolved an election shall be held to the office of President in such manner as is prescribed by this section and, subject thereto, by or under an Act of Parliament.
(2) Nominations in the election of a President shall be delivered to the returning officer on such day and at such time as may be prescribed by or under any law for the time being in force in _____; the nomination of a candidate in an election of a President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than 1000 persons registered as voters for the purpose of elections to the Assembly.
(3) The following provisions shall then apply —
(a) a person nominated as a Parliamentary candidate may, at the time of his nomination and subject to the provisions of paragraph (b), declare in such manner as may be prescribed by or under an Act of Parliament which of the candidates in the election of President he supports, but the nomination of a Parliamentary candidate shall be valid notwithstanding that the nomination paper does not contain such a declaration;
(b) such a declaration shall not be made in relation to any Presidential candidate unless that candidate has signified, in such manner as may be prescribed by or under an Act of Parliament, his consent to the making of a declaration in his favor by that Parliamentary candidate;
(c) where the Parliamentary election is contested in any constituency a poll shall be taken in that constituency at which the votes shall be given by ballot, and for the purposes of that poll any Parliamentary candidate who declared support in accordance with paragraph (a) for a particular Presidential candidate shall use the same voting color and symbol, if any, as may have been allocated under any law for the time being in force in Botswana to that Presidential candidate for the purposes of the Presidential election;
(d) the returning officer shall declare to be elected as President any candidate for whom support has been declared in accordance with paragraph (a) above by not less than such number of persons elected as Members of the National Assembly in the Parliamentary election as corresponds to more than half the total number of seats for Elected Members in the Assembly, and if there is no such person the returning officer shall declare that no candidate has been elected.
(4) Parliament may make provision whereby the time for nominating Presidential candidates may be extended in the event of there being no qualified candidate nominated at the expiration of the time for the delivery of such nominations.
(5) Where, at the expiration of the time for the delivery of nominations in the election of a President, more than one qualified candidate is validly nominated and any of those candidates dies before the commencement of the poll in the Parliamentary election, the poll in the Parliamentary election shall be countermanded, fresh nominations of Parliamentary candidates shall take place in every constituency and a fresh election of a President shall be held in accordance with the foregoing provisions of this section.
(6) Where —
(a) any candidate in an election of a President dies during the period commencing with the taking of the poll in the Parliamentary election and ending when the result of the election has been ascertained and that candidate would, but for his death, have been entitled to have been declared elected as President under subsection (3) of this section; or
(b) the returning officer declares in accordance with the provisions of paragraph (d) of subsection (3) of this section that no candidate has been elected, the new National Assembly shall meet on such day (not being more than 14 days after the result of the election is ascertained or, as the case may be, the declaration that no candidate has been elected) as the Speaker shall appoint, and shall elect a person to the office of President in such manner as is prescribed by subsection (5) of section thirty-two of this Constitution and subject thereto by or under an Act of Parliament. Such an election shall take place before the election of the Specially Elected Members of the National Assembly.
(7) A person elected to the office of President under this section shall assume that office on the day upon which he is declared elected.
(8) Without prejudice to the provisions of section ninety-two of this Constitution, an Elected Member of the National Assembly may, in the event of there being one or more successful election petitions following a general election, move, at the first sitting of the Assembly after the resultant by-elections have been decided and the Members thereby elected have taken their seats, that the President does not enjoy the support of the majority of the Elected Members of the Assembly; and in the voting on that question the Specially Elected Members of the Assembly shall have no vote. If it appears as a result of the voting on that question that the President does not enjoy the support of a majority of the elected Members of the Assembly, the office of President shall become vacant.
(9) Any Elected Member of the Assembly may give notice to the President that he intends to move in the Assembly a motion under subsection (8) and notwithstanding any other provision of this Constitution the President shall not after receipt of any such notice be empowered to dissolve Parliament before the conclusion of the sitting of the Assembly mentioned in the said subsection (8).
(10) If the office of President becomes vacant in accordance with subsection (8) of this section the seats of the Specially Elected Members of the Assembly shall also become vacant, and the election of a person to the office of President shall take place before the election of the Specially Elected Members.
(11) In this section —
"Parliamentary candidate" means a candidate in the Parliamentary election;
"the Parliamentary election" means the general election to elect those Members of the National Assembly who are referred to in section paragraph (a) of subsection (2) of section fifty-eight of this Constitution following any dissolution of Parliament;
"Presidential candidate" means a candidate for the office of President;
"the returning officer" means the returning officer specified in section thirty-five of this Constitution.
Qualification for Election as President
30. (1) A person shall be qualified for election as President if, and shall not be qualified unless, he —
(a) is a citizen of _____ by birth or descent;
(b) is of or above the age of forty-five years; and
(c) is a Member of the National Assembly (other than a member referred to in section 39)(1)(c) who has served as such a member for a continuous period of seven years or for a non-continuous period of ten years in all, or had been such a Member of the National Assembly who had served as a Member thereof for such period and is not subject to any of the disqualifications in section 42(c), (d) or (e):
Provided that for the purposes of electing a President any reference in this paragraph to the National Assembly shall be construed so as to include a reference to the _____ Legislative Assembly.
(2) Any person holding any public office (other than membership of the National Assembly) in respect of which he receives remuneration or allowance out of public funds, who is elected as President, shall not hold such office during his term as President:
Provided that a chief or headman so elected, shall retain his title as chief or headman.
Tenure of Office of President
31. (1) The President shall, subject to the provisions of this section, hold office for an aggregate period not exceeding 10 years beginning from the date of his first assumption of office of President after the commencement of this Act.
(2) The President shall cease to hold the office of President if at any time during his tenure of office any circumstances arise that would, if he were not a member of the National Assembly, cause him to be disqualified for election thereto.
(3) The President shall cease to hold office of President at the expiry of the period prescribed under subsection (1) of this section, or when the person elected at the next election of President following a dissolution of Parliament assumes office.
Resignation of President
32. The holder of the office of President may at any time resign from office by lodging his resignation in writing with the Speaker.
Removal of President from Office
33. (1) The President shall be removed from his office by the National Assembly on impeachment, on the grounds of any conduct on his part which is unbecoming the high office of President or which brings such office into disrepute, or for treason, bribery or any other high crime.
(2) No impeachment shall be effected by the National Assembly under subsection (1) —
(a) unless there has previously been submitted to the Speaker a petition signed by not less than one-third of the Members of the National Assembly praying for the removal of the person holding the office of President and praying further that a committee be appointed to investigate the subject-matter of such petition;
(b) except after consideration of the report of such committee;
(c) unless a majority vote has been obtained in the National Assembly which vote shall include a majority of the Members designated in terms of section 39(1)(a) as well as a majority of the members elected in the manner provided for in section 39(1)(b):
Provided that the member referred to in section 39(1)(d) shall not be entitled to vote in any proceedings under this section.
(3) No debate shall be permitted in the National Assembly in any proceedings under this section.
Vacancy in Office of President
34. (1) Whenever the President dies, resigns or ceases to hold office, the Vice-President shall assume office as President with effect from the date of the death, resignation or ceasing to be President.
(2) If the office of President —
(a) becomes vacant in circumstances in which there is no Vice-President; or
(b) is vacant whilst the Vice-President is absent from Botswana or is, by reason of physical or mental infirmity unable to perform the functions of his office, the functions of the office of President shall, until such time as a new President assumes office in accordance with this section or section twenty-nine of this Constitution, be performed by such Minister as the Cabinet shall appoint. For the purposes of this subsection, a certificate of the Chief Justice that the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.
(3) Any person performing the functions of the office of President by virtue of subsection (1) or (2) of this section shall not exercise the power of the President to revoke the appointment of Vice-President or to dissolve Parliament.
(4) If the office of President becomes vacant, the National Assembly shall, unless Parliament is dissolved, and notwithstanding that it may be prorogued, meet on the seventh day after the office of President becomes vacant, or on such earlier day as may be appointed by the Speaker, and shall elect a person to the office in such manner as is prescribed by the next following subsection and, subject thereto, by or under an Act of Parliament.
(5) In an election of a President under this section —
(a) the Speaker shall preside at the meeting and conduct the election;
(b) a person may be a candidate if and shall not be a candidate unless he has been nominated as a candidate with his consent prior to the sitting of the National Assembly at which the election takes place, by not less than 10 Members of the National Assembly entitled to vote in that election;
(c) at the election every Member of the Assembly except the Speaker and the Attorney-General shall be entitled to vote;
(d) the votes of the Members of the Assembly who are entitled to vote shall be given by ballot in such manner as not to disclose how any particular Member voted, and any person who receives the votes of more than one half of the total number of persons entitled to vote shall be declared elected as President;
(e) a person elected as President under this section shall assume the office of President on the day upon which he is declared to be elected;
(f) not more than three ballots shall be taken unless in the opinion of the Speaker the holding of further ballots is likely to result in the election of a President, in which case not more than two further ballots may be taken;
(g) only one ballot shall be taken at any sitting of the Assembly, and the Speaker may adjourn the meeting at which a second or subsequent ballot is to be taken for such number of days (in addition to the days on which and to which the meeting is adjourned), not being more than two, as he thinks fit;
(h) if there is no candidate duly nominated for the first ballot in accordance with paragraph (b) or if after the number of ballots permitted under paragraph (f) have been taken no candidate has been declared elected Parliament shall stand dissolved or, in the case of a Presidential election held in accordance with subsection (6) of section twenty-nine of this Constitution, the foregoing general election shall be void.
(6) No business other than the election of a President shall be transacted at a meeting of the National Assembly under subsection (4) of this section or under subsection (6) of section twenty-nine of this Constitution and such a meeting or any sitting thereof shall not be regarded as a meeting or sitting of the Assembly for the purposes of any other provision of this Constitution.
(7) 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 section and subsection (6) of section twenty-nine of this Constitution, 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 Deputy Minister) as the Assembly may elect for that purpose.
Discharge of Functions of President During Absence, Illness, etc.
35. (1) Whenever the President is absent from _____ or considers it desirable to do so by reason of illness or any other cause he may, by directions in writing, authorize —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or is, by reason of physical or mental infirmity, unable to perform the functions of his office, some other Minister, to discharge such of the functions of the office of President as he may specify, and the Vice-President or other Minister may discharge those functions until his authority is revoked by the President.
(2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform those functions —
(a) the Vice-President; or
(b) during any period when there is no Vice-President or the Vice-President is absent from _____ or the Vice-President is, by reason of physical or mental infirmity, unable to perform the functions of his office, such Minister as the Cabinet shall appoint, shall perform the functions of the office of President.
(3) A person performing the functions of the office of President under this section shall not exercise the power of the President to revoke the appointment of the Vice-President or to dissolve Parliament.
(4) A person performing the functions of the office of President by virtue of subsection (2) of this section shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.
(5) For the purposes of this section, a certificate of the Chief Justice that —
(a) the President is incapable by reason of physical or mental infirmity of discharging the functions of his office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform the functions of his office; or
(b) the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court:
Provided that any such certificate as is referred to in paragraph (a) of this subsection shall cease to have effect if the President notifies any person under subsection (4) of this section that he is about to resume the functions of the office of President.
Oath of President
36. A person assuming the office of President shall, before entering upon the duties of that office, take and subscribe such oaths as may be prescribed by Parliament.
Returning Officer at Elections of President
37. (1) The Chief Justice shall be the returning officer for the purposes of elections to the office of President.
(2) Any question which may arise as to whether —
(a) any provision of this Constitution or any law relating to the election of a President under section twenty-nine or thirty-four of this Constitution has been complied with; or
(b) any person has been validly elected as President under those sections, shall be referred to and determined by the returning officer whose decision shall not be questioned in any court.
Vice-President
38. (1) There shall be a Vice-President who shall be appointed by the President from among the Elected Members of the National Assembly who are citizens of _____ by birth or descent, which appointment shall be endorsed by the said Elected Members.
(2) The Vice-President shall continue in office until a person elected at the next election of President under section twenty-nine or thirty-two of this Constitution assumes office:
Provided that the office of Vice-President shall become vacant —
(i) if the appointment of the holder of the office is revoked by the President; or
(ii) if the holder of the office ceases to be a Member of the National Assembly for any other reason than a dissolution of Parliament.
(3) The Vice-President shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.
(4) If the Vice-President is absent from _____ or is incapable by reason of illness or any other cause of discharging the functions of his office, the President may appoint a person, from among the Members of the Assembly, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:
Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President —
(i) if his appointment is revoked by the President;
(ii) if he ceases to be a Member of the Assembly otherwise than by reason of a dissolution of Parliament;
(iii) upon the assumption by any person of the office of President; or
(iv) upon the President giving him notice that the Vice-President is about to resume his functions.
(5) Where the Vice-President is performing the functions of the office of President in accordance with section thirty-four or thirty-five of this Constitution he may appoint a person, from among the Members of the Assembly, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:
Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President —
(i) if his appointment is revoked by the Vice-President;
(ii) if he ceases to be a Member of the Assembly otherwise than by reason of a dissolution of Parliament; or
(iii) if the Vice-President ceases to perform the functions of the office of President.
(6) In this section references to Members of the Assembly shall, in the event of Parliament being dissolved, be construed as references to those persons who immediately before the dissolution were Members of the Assembly.
Salary and Allowances of President
39. (1) The President shall receive such salary and allowances as may be prescribed by resolution of the National Assembly, which shall be a charge on the general revenues of the Republic.
(2) The salary and allowances of the President shall not be altered to his disadvantage during his period of office.
(3) A person who has held the office of President shall receive such pension or, upon the expiration of his term of office, such gratuity as may be prescribed by resolution of the National Assembly, which shall be a charge on the Consolidated Revenue Fund.
Protection of President in Respect of Legal Proceedings
40. (1) Whilst any person holds or performs the functions of the office of President no criminal proceedings shall be instituted or continued against him in respect of anything done or omitted to be done by him either in his official capacity or in his private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him in respect of anything done or omitted to be done in his private capacity.
(2) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the term of any person in the office of President shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person.
PART II: The Cabinet
Ministers and Vice Ministers
41. (1) There shall be such offices of Minister of the Government (not exceeding twelve or such other number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.
(2) There shall be such offices of Deputy Minister (not exceeding four or such number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.
(3) Appointments to the office of Minister or Deputy Minister shall be made by the President from among Members of the National Assembly:
Provided that if occasion arises for making an appointment to the office of a Minister or a Deputy Minister while Parliament is dissolved a person who was a Member of the Assembly before the dissolution may be appointed as a Minister or a Deputy Minister.
Tenure of Office of Ministers and Deputy Ministers
42. (1) The office of any Minister or Deputy Minister shall become vacant —
(a) (i) if he ceases to be a Member of the National Assembly otherwise than by reason of a dissolution of the National Assembly; or
(ii) if, at the first sitting of the Assembly after a general election, he is not a Member of the Assembly;
(b) if the holder of the office is removed from office by the President;
(c) if he resigns his office by writing under his hand addressed to the President;
(d) upon the assumption by any person of the office of President.
(2) A person who has vacated his office as Minister or Deputy Minister may, if qualified, be again appointed as Minister or Deputy Minister from time to time.
Cabinet
43. (1) There shall be a Cabinet which shall consist of the President, Vice-President and the Ministers.
(2) There shall preside at meetings of the Cabinet —
(a) the President;
(b) in the absence of the President, the Vice-President; or
(c) in the absence of the President and the Vice-President, such Minister as the President may designate.
(3) The Cabinet may act notwithstanding any vacancy in its membership.
Oaths to be Taken by Ministers and Deputy Ministers
44. The Vice-President, a Minister or a Deputy Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.
Secretary to the Cabinet
45. (1) There shall be a Secretary to the Cabinet whose office shall be a public office.
(2) The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him by the President, for arranging the business for, and keeping the minutes of, the Cabinet, for conveying decisions of the Cabinet to the appropriate person or authority, and shall have such other functions as the President may from time to time direct.
PART III: Executive Functions
Functions of President
46. (1) The executive power of _____ shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him either directly or through officers subordinate to him.
(2) In the exercise of any function conferred upon him by this Constitution or any other law the President shall, unless it is otherwise provided, act in his own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.
(3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.
Command of Armed Forces
47. (1) The supreme command of the armed forces of the Republic shall vest in the President and he shall hold the office of Commander in Chief.
(2) The powers conferred on the President by subsection (1) of this section shall include —
(a) the power to determine the operational use of the armed forces;
(b) the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.
(3) The President may, by directions in writing and subject to such conditions as he may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2) of this section.
(4) Parliament may regulate the exercise of the powers conferred by or under this section.
Foreign Affairs
48. (1) The President shall be responsible for —
(a) the conduct of relations with other states and international organizations;
(b) the reception of envoys accredited to _____ and the appointment of the principal representatives of _____ abroad;
(c) the negotiation and, subject to ratification by Parliament, the conclusion of treaties and other international agreements.
(2) _____ shall not —
(a) enter into any engagement with any other country which causes it to lose its sovereignty without the matter first being put to a referendum and passed by such majority as may be prescribed by an Act of Parliament;
(b) become a member of any international organization unless Parliament is satisfied that it is in the interest of _____ and that membership does not derogate from its sovereignty.
(3) Parliament may, by resolution establish procedures for the ratification of treaties and other international agreements.
Prerogative of Mercy
49. The President may —
(a) grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;
(b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense;
(c) substitute a less severe form of punishment for any punishment imposed on any person for any offense; and
(d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offense.
Advisory Committee on Prerogative of Mercy
50. (1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of —
(a) the Vice-President or a Minister appointed by the President by instrument in writing under his hand;
(b) the Attorney-General; and
(c) a person qualified to practice in _____ as a medical practitioner, appointed by the President by instrument in writing under his hand.
(2) A member of the Committee appointed under paragraph (a) or c) of subsection (1) of this section shall hold his seat thereon for such period as may be specified in the instrument by which he was appointed:
Provided that his seat shall become vacant —
(i) in the case of a person who, at the date of his appointment, was the Vice-President or a Minister, if he ceases to be the Vice-President or a Minister; or
(ii) if the President, by instrument in writing under his hand, so directs.
(3) The Committee shall not be summoned except by the authority of the President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the President, the member of the Committee appointed under paragraph (a) of subsection (1) of this section shall preside.
(4) The Committee may act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.
(5) Subject to the provisions of this section, the Committee may regulate its own procedure.
Honors and Awards
51. (1) The President may, after consulting the Committee established by subsection (2), confer honors and awards, including honorary honors and awards to friends of _____.
(2) The shall be a Committee to advise the President on the exercise of his powers under this section which shall consist of not more than five, and not less than three, persons appointed by the National Assembly.
Declaration of a State of War
52. (1) The President may, with the approval of the National Assembly, given by resolution supported by not less than two-thirds of all the Members of the Assembly, declare that a state of war exists between _____ and any other country.
(2) Where it is impracticable to seek the approval of the National Assembly before declaration of a state of war, the President may declare a state of war without the approval but shall seek the approval immediately after the declaration and in any case not later than seventy-two hours after the declaration.
(3) Where the President makes the declaration of a state of war under subsection (2) when the National Assembly is in recess, the President shall immediately summon the Assembly to an emergency session to sit within seventy-two hours after the declaration of a state of war.
(4) The President may, with the approval of the National Assembly, given by resolution, revoke a declaration of a state of war made under subsection (1) or (2) of this section.
Constitution of Offices
53. Subject to the provisions of this Constitution and of any Act of Parliament, the powers of constituting and abolishing offices for _____ shall vest in the President.
Functions of Vice-President
54. The Vice-President shall be the principal assistant of the President in the discharge of his executive functions and shall be responsible, under the directions of the President, for such business of the government of _____ (including the administration of any department of Government) as the President may assign to him.
Functions of Cabinet Ministers and Deputy Ministers
55. (1) The Cabinet shall be responsible for advising the President with respect to the policy of the Government and with respect to such other matters as may be referred to it by the President and shall, subject to the provisions of this Constitution, be responsible to the National Assembly for all things done by or under the authority of the President, Vice-President or any Minister in the execution of his office.
(2) The President shall, so far as practicable and subject to the provisions of this Constitution, consult the Cabinet on matters of policy and the exercise of his functions.
(3) The obligation of the President to consult his Cabinet and for the Cabinet to accept responsibility under this section shall not apply to the exercise by the President of his powers in relation to the appointment or removal of the Vice-President, Ministers and Deputy Ministers, the dissolution of Parliament, the Prerogative of Mercy, the assignment of responsibility to the Vice-President or any Minister and the specification of the functions of a Deputy Minister.
(4) A Minister shall be responsible, under the direction of the President, for such business of the government of _____ (including the administration of any department of Government) as the President may assign to him.
(5) A Deputy Minister shall —
(a) assist the President or the Vice-President in the discharge of such of the functions of the office of President or Vice-President as the President may specify; or
(b) assist such Minister in the discharge of the functions assigned to him under subsection (4) of this section as the President may specify.
Attorney-General
56. (1) There shall be an Attorney-General whose office shall be a public office.
(2) The Attorney-General shall be the principal legal adviser to the Government of _____.
(3) The Attorney-General shall have power in any case in which he considers it desirable to do so —
(a) to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person;
(b) to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
(c) to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.
(4) The powers of the Attorney-General under subsection (3) may be exercised by him in person or by officers subordinate to him acting in accordance with his general or special instructions.
(5) The powers conferred on the Attorney-General by paragraphs (b) and (c) of subsection (3) shall be vested in him to the exclusion of any other person or authority:
Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.
(6) For the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings:
Provided that the power conferred on the Attorney-General by paragraph (c) of subsection (3) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.
(7) In the exercise of the functions vested in him by subsection (3) of this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.
Permanent Secretaries
57. Where any Minister has been charged with responsibility for any department of Government, he shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary whose office shall be a public office.
