Section 36-41 Constitution of Botswana 1966
Section 36, 37, 38, 39, 40, 41 of the Constitution of Botswana 1966, among others, are under Part I (The President and the Vice-President) of Chapter IV of the Constitution. Chapter IV is titled The Executive.
Section 36 Botswana Constitution 1966
Discharge of functions of President during absence, illness, etc
1. Whenever the President is absent from Botswana or considers it desirable to do so by reason of illness or any other cause he or she 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 Botswana or is, by reason of physical or mental infirmity, unable to perform the functions of his or her office, some other Minister, to discharge such of the functions of the office of President as he or she may specify, and the Vice-President or other Minister may discharge those functions until his or her 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 or her 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 Botswana or the Vice-President is, by reason of physical or
mental infirmity, unable to perform the functions of his or her 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 or her 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 or her office; or
b. the Vice-President is by reason of physical or mental infirmity unable to
discharge the functions of his or her 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 or she is about to resume the functions of
the office of President.
Section 37 Botswana Constitution 1966
Oath of President
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.
Section 38 Botswana Constitution 1966
Returning officer at elections of President
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 32 or 35 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.
Section 39 Botswana Constitution 1966
Vice President
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
Botswana 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 32 or 35 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 or her office unless he
or she has taken and subscribed the oath of allegiance and such oath for the due
execution of his or her office as may be prescribed by Parliament.
4. If the Vice-President is absent from Botswana or is incapable by reason of illness
or any other cause of discharging the functions of his or her 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 or her appointment is revoked by the President;
ii. if he or she 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 or her notice that the Vice-President is about
to resume his or her functions.
5. Where the Vice-President is performing the functions of the office of President
in accordance with section 35 or 36 of this Constitution he or she 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 or her appointment is revoked by the Vice-President;
ii. if he or she 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.
Section 40 Botswana Constitution 1966
Salary and allowances of President
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 or her
disadvantage during his or her period of office.
3. A person who has held the office of President shall receive such pension or, upon
the expiration of his or her term of office, such gratuity as may be prescribed by
resolution of the National Assembly, which shall be a charge on the
Consolidated Fund.
Section 41 Botswana Constitution 1966
Protection of President in respect of legal proceedings
1. Whilst any person holds or performs the functions of the office of President no
criminal proceedings shall be instituted or continued against him or her in
respect of anything done or omitted to be done by him or her either in his or her
official capacity or in his or her private capacity and no civil proceedings shall be
instituted or continued in respect of which relief is claimed against him or her in
respect of anything done or omitted to be done in his or her 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.
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