Section 103-104 Constitution of Botswana 1966
Section 103, 104 of the Constitution of Botswana 1966 are under Part III (Judicial Service Commission) of Chapter VI of the Constitution. Chapter VI is titled The Judicature.
Section 103 Botswana Constitution 1966
Composition and procedure
1. There shall be a Judicial Service Commission for Botswana which shall consist
of—
a. the Chief Justice who shall be Chairman;
b. the President of the Court of Appeal (not being the Chief Justice or the most Senior Justice of the Court of Appeal);
c. the Attorney-General;
d. the Chairman of the Public Service Commission;
e. a member of the Law Society nominated by the Law Society; and
f. a person of integrity and experience not being a legal practitioner appointed by the President.
2. A member nominated under paragraph (e) or appointed under paragraph (f) of
subsection (1) shall hold office for a period of two years, but shall be eligible for re-nomination or re-appointment, as the case may be, for another term of office for two years:
Provided that—
i. a member nominated under paragraph (e) may be removed from office by
the rest of the members of the Commission acting together only for inability of the member to discharge the functions of his or her office whether arising from infirmity of mind or body or any other cause or for gross misbehaviour; or
ii. a member appointed under paragraph (f) may be removed from office by
the President only for inability of the member to discharge the functions of
his or her office whether arising from infirmity of mind or body or any other
cause or for gross misbehaviour.
3. A member of the Commission shall not enter upon the duties of his or her office
until he or she has taken and subscribed such oath for the due execution of his or
her office as may be prescribed by Parliament.
4. The Judicial Service Commission shall not be subject to the direction or control
of any other person or authority in the exercise of its functions under this Constitution.
5. The Commission may regulate its own procedure and, subject to that procedure, may act notwithstanding any vacancy in its membership or the absence of any member 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.
6. The decisions of the Commission shall be by the vote of a majority of the members present, and in the event of an equality of votes, the Chairman shall have a casting vote.
Section 104 Botswana Constitution 1966
Appointment, etc., of judicial officers
1. Power to appoint persons to hold or act in offices to which this section applies, to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the President acting in accordance with the advice of the Judicial Service Commission.
2. The offices to which this section applies are—
a. the office of Registrar of the Court of Appeal and High Court;
b. all offices of magistrate;
c. such other offices of President or member of any court or connected with any court as may be prescribed by or under an Act of Parliament.
3. In this section references to a court do not include references to a court martial.
See also:
Section 99-102 Botswana Constitution 1966 (Court of Appeal)
