Section 57-63 Botswana Constitution 1966

Section 57-63 Constitution of Botswana 1966

Section 57, 58, 59, 60, 61, 62, 63 of the Constitution of Botswana 1966, among others, are under Part I (Composition) of Chapter V of the Constitution. Chapter V is titled Parliament.

Section 57 Botswana Constitution 1966

Parliament

There shall be a Parliament of Botswana which shall consist of the President and a
National Assembly.

Section 58 Botswana Constitution 1966

Composition of National Assembly

1. The President shall be ex-officio a member of the National Assembly, and shall
be entitled to speak and to vote in all proceedings of the National Assembly.

2. In addition to the President the National Assembly shall consist of—
a. 57 Elected Members who shall be elected in accordance with the provisions
of this Constitution and subject thereto in accordance with the provisions
of any Act of Parliament; and
b. six Specially Elected Members who shall be elected in accordance with the
First Schedule to this Constitution and subject thereto in accordance with
the provisions of any Act of Parliament.

3. If a person who is not a member of the National Assembly is elected to the office
of Speaker of the National Assembly, that person shall, by virtue of holding that
office, be a member of the Assembly in addition to the members referred to in
subsections (1) and (2) of this section.

See also  Constitution of Botswana 1966

Section 59 Botswana Constitution 1966

Speaker

1. There shall be a Speaker of the National Assembly who shall be elected by the
Members of the Assembly from among persons who are Members of the
Assembly or from among persons who are not Members of the Assembly.

2. The President, the Vice-President, a Minister, an Assistant Minister or a public
officer shall not be qualified to be elected as Speaker.

3. The Speaker shall vacate his or her office—
a. if, having been elected from among the Members of the National Assembly,
he or she ceases to be a Member of the Assembly otherwise than by reason
of a dissolution of Parliament or if he or she is required by virtue of section
68(2) to (3) of this Constitution, to cease to perform his or her functions as
a Member of the Assembly;
b. if any circumstances arise that, if he or she were not Speaker, would
disqualify him or her for election as such;
c. when the Assembly first sits after any dissolution of Parliament; or
d. if he or she is removed from office by a resolution of the Assembly
supported by the votes of not less than two-thirds of all the Members
thereof.

4. No business shall be transacted in the National Assembly (other than an election
to the office of Speaker) at any time when the office of Speaker is vacant.

Section 60 Botswana Constitution 1966

Deputy Speaker

1. There shall be a Deputy Speaker of the National Assembly who shall be elected
from among the persons who are Members of the Assembly other than the
President, the Vice-President, Ministers or Assistant Ministers.

2. The Members of the National Assembly shall elect a person to the office of
Deputy Speaker when the Assembly first sits after any dissolution and, if the
office becomes vacant otherwise than by reason of the dissolution of the
Assembly, at the first sitting of the Assembly after the office becomes vacant.

3. The Deputy Speaker shall vacate his or her office—
a. if he or she ceases to be a Member of the National Assembly, otherwise
than by reason of a dissolution of Parliament;
b. if any circumstances arise that, if he or she were not Deputy Speaker, would
disqualify him or her for election as such;
c. if he or she is required, by virtue of section 68(2) to (3) of this Constitution,
to cease to perform his or her functions as a Member of the Assembly;
d. if he or she is elected as Speaker;
e. if he or she is removed from office by a resolution of the Assembly
supported by the votes of not less than two-thirds of all the Members of the
Assembly; or
f. when the Assembly first sits after any dissolution of Parliament.

See also  Section 125-127 Botswana Constitution 1966

Section 61 Botswana Constitution 1966

Qualifications for election to National Assembly

Subject to the provisions of section 62 of this Constitution, a person shall be
qualified to be elected as a Member of the National Assembly if, and shall not be
qualified to be so elected unless—
a. he or she is a citizen of Botswana;
b. he or she has attained the age of 18 years;
c. he or she is qualified for registration as a voter for the purposes of the
election of the Elected Members of the National Assembly and is so
registered; and
d. he or she is able to speak, and, unless incapacitated by blindness or other
physical cause, to read English well enough to take an active part in the
proceedings of the Assembly.

Section 62 Botswana Constitution 1966

Disqualifications for membership of National Assembly

1. No person shall be qualified to be elected as a Member of the National Assembly
who—
a. is, by virtue of his or her own act, under any acknowledgement of
allegiance, obedience or adherence to a foreign power or state;
b. has been declared insolvent or adjudged or otherwise declared bankrupt
under any law for the time being in force in Botswana and has not been
discharged, or has made a composition with his or her creditors and has not
paid his or her debts in full;
c. is certified to be insane or otherwise adjudged or declared to be of unsound
mind under any law for the time being in force in Botswana;

d. is a Member of the Ntlo ya Dikgosi;

See also  Section 36-41 Botswana Constitution 1966

e. subject to such exceptions as may be prescribed by Parliament, holds any public office, or is acting in any public office by virtue of a contract of service expressed to continue for a period exceeding six months;

f. is under sentence of death imposed on him or her by a court in any part of
the Commonwealth, or is under a sentence of imprisonment (by whatever
name called) exceeding six months imposed on him or her by such a court or
substituted by competent authority for some other sentence imposed on
him or her by such a court;
g. holds, or is acting in, any office the functions of which involve any
responsibility for, or in connection with, the conduct of any elections to the
Assembly or the compilation or revision of any electoral register for the
purposes of such elections.

2. Parliament may provide that a person shall not be qualified for election to the
National Assembly for such period (not exceeding five years) as may be
prescribed if he or she is convicted of any such offence connected with elections
to the Assembly as may be prescribed.

3. For the purposes of this section two or more terms of imprisonment that are
required to be served consecutively shall be regarded as a single term of
imprisonment for the aggregate period of those terms, and no account shall be
taken of a sentence of imprisonment imposed as an alternative to or in default of
the payment of a fine.

Section 63 Botswana Constitution 1966

Constituencies

Botswana shall be divided into as many constituencies as there are Elected Members of the National Assembly and each of those constituencies shall return one Member to the National Assembly.


See also:

Section 64-70 Botswana Constitution 1966

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Inioluwa Olaposi

Hi. I am Inioluwa Olaposi, a legal-tech enthusiast interested in human development. I tweet sometimes.

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