Section 47-51A Constitution of Botswana 1966

Section 47, 48, 49, 50, 51, 51A of the Constitution of Botswana 1966, among others, are under Part III (Executive Functions) of Chapter IV of the Constitution. Chapter IV is titled The Executive.

Section 47 Botswana Constitution 1966

Functions of President

1. The executive power of Botswana shall vest in the President and, subject to the
provisions of this Constitution, shall be exercised by him or her either directly or
through officers subordinate to him or her.

2. In the exercise of any function conferred upon him or her by this Constitution or
any other law the President shall, unless it is otherwise provided, act in his or her
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.

Section 48 Botswana Constitution 1966

Command of armed forces

1. The supreme command of the armed forces of the Republic shall vest in the
President and he or she 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
or she 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.

Section 49 Botswana Constitution 1966

Functions of Vice-President

The Vice-President shall be the principal assistant of the President in the discharge of his or her executive functions and shall be responsible, under the directions of the President, for such business of the government of Botswana (including the administration of any department of Government) as the President may assign to
him or her.

Section 50 Botswana Constitution 1966

Functions of Cabinet Ministers and Assistant Ministers

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 or her 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 or
her functions.

3. The obligation of the President to consult his or her Cabinet and for the Cabinet
to accept responsibility under this section shall not apply to the exercise by the
President of his or her powers in relation to the appointment or removal of the
Vice-President, Ministers and Assistant 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 an Assistant Minister.

4. A Minister shall be responsible, under the direction of the President, for such
business of the government of Botswana (including the administration of any
department of Government) as the President may assign to him or her.

5. An Assistant 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 or her
under subsection (4) of this section as the President may specify.

Section 51 Botswana Constitution 1966

Attorney-General

1. There shall be an Attorney-General appointed by the President whose office
shall be a public office.

2. A person shall not be qualified to be appointed to the Office of
Attorney-General unless he or she is qualified to be appointed to the Office of a
Judge of the High Court.

3. The Attorney-General shall be the principal legal adviser to the Government.

4. A person holding the Office of Attorney-General shall vacate his or her office
when he or she attains the age of 60 years or such other age as may be
prescribed by Parliament.

Section 51A Botswana Constitution 1966

Director of Public Prosecutions

1. There shall be a Director of Public Prosecutions appointed by the President
whose office shall be a public office and who shall be subject to the
administrative supervision of the Attorney-General.

2. A person shall not be qualified to be appointed to the Office of Director of Public
Prosecutions unless he or she is qualified to be appointed to the Office of a
Judge of the High Court.

3. The Director of Public Prosecutions shall have power in any case in which he or
she 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 herself or any other person or authority.

4. The powers of the Director of Public Prosecutions under subsection (3) may be
exercised by him or her in person or by officers subordinate to him or her acting
in accordance with his or her general or special authority.

5. 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 Director of Public Prosecutions by
subsection (3)(c) 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 person.

6. In the exercise of the functions vested in him or her by subsection (3) of this
section the Director of Public Prosecutions shall not be subject to the direction
or control of any other person or authority:
Provided that-
a. 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; and
b. before exercising his or her powers in relation to cases considered by the
Attorney-General to be of national importance, the Director of Public
Prosecutions shall consult the Attorney-General.

See also:

Section 52-56 Botswana Constitution 1966

Section 42-46 Botswana Constitution 1966 (The Cabinet)