Section 42-46 Constitution of Botswana 1966
Section 42, 43, 44, 45, 46 of the Constitution of Botswana 1966 are under Part II (The Cabinet) of Chapter IV of the Constitution. Chapter IV is titled The Executive.
Section 42 Botswana Constitution 1966
Ministers and Assistant Ministers
1. There shall be such offices of Minister of the Government (not exceeding six 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 Assistant Minister (not exceeding three 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 Assistant Minister shall be made by
the President from among Members of the National Assembly:
Provided that—
i. not more than four persons may be appointed as Minister or Assistant
Minister from amongst persons who are not Members of the Assembly but
are qualified for election as such; and
ii. if occasion arises for making an appointment to the office of a Minister or an Assistant Minister while Parliament is dissolved a person who was a Member of the Assembly before the dissolution may be appointed as a Minister or an Assistant Minister.
Section 43 Botswana Constitution 1966
Tenure of office of Ministers and Assistant Ministers
The office of any Minister or Assistant Minister shall become vacant—
a. in the case of a Minister or Assistant Minister appointed from among the
Members of the National Assembly, or in the case of a Minister or Assistant
Minister appointed from among persons who are not Members of the
Assembly who becomes a Member of the Assembly before the expiration of
four months from the date of his or her appointment—
i. if he or she 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 or she
is not a Member of the Assembly;
b. in the case of a Minister or Assistant Minister appointed from among
persons who are not Members of the Assembly, if before the expiration of
four months from the date of his or her appointment—
i. circumstances arise (other than a dissolution of the Assembly) that, if
he or she were such a Member, would cause him or her to vacate his or
her seat in the Assembly; or
ii. he or she does not become a Member of the Assembly;
c. if the holder of the office is removed from office by the President;
d. upon the assumption by any person of the office of President.
Section 44 Botswana Constitution 1966
Cabinet
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.
Section 45 Botswana Constitution 1966
Oaths to be taken by Ministers and Assistant Ministers
The Vice-President, a Minister or an Assistant Minister 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.
Section 46 Botswana Constitution 1966
Secretary to the Cabinet
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 or her
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.
