Botswana 1966 Constitution (reviewed 2016)

CHAPTER IX. Miscellaneous (ss 125-127)

125. Resignations

1. Any person who is appointed or elected to any office established by this Constitution may resign from that office by writing under his or her hand addressed to the person or authority by whom he or she was appointed or elected:Provided that in the case of a person who holds office as President his or her resignation from that office shall be addressed to the Chief Justice, in the case of a person who holds office as Speaker or Deputy Speaker of the National Assembly his or her resignation from that office shall be addressed to the Assembly, in the case of an Elected or Specially Elected Member of the Assembly his or her resignation shall be addressed to the Speaker, and in the case of a Member of the Ntlo ya Dikgosi his or her resignation from that office shall be addressed to the Chairman of the Ntlo ya Dikgosi.
2. The resignation of any person from any office established by this Constitution shall take effect on the date or at the time indicated in the writing signifying the resignation or, if no such date or time is so indicated, at the time the writing is received by the person or authority to whom it is addressed or by any person authorized by that person or authority to receive it.

126. Reappointments and concurrent appointments

1. Where any person has vacated any office established by this Constitution, he or she may, if qualified, again be appointed or elected to hold that office in accordance with the provisions of this Constitution.
2. Where a power is conferred by this Constitution upon any person to make any appointment to any office, a person may be appointed to that office notwithstanding that some other person may be holding that office, when that other person is on leave of absence pending the relinquishment of the office; and where two or more persons are holding the same office by reason of an appointment made in pursuance of this subsection, then, for the purposes of any function conferred upon the holder of that office, the person last appointed shall be deemed to be the sole holder of the office.

127. Interpretation

1. In this Constitution unless the context otherwise requires—
   • “the Assembly” means the National Assembly;
     
     “Botswana” means the territory that, on 29th September, 1966, was comprised in the former Protectorate of Bechuanaland;

     “Chief” and “Sub-Chief” have the meanings assigned to those expressions in the Chieftainship Act;

     “financial year” means the period of 12 months ending on 31st March in any year or on such other day as Parliament may prescribe;

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     “the Gazette” means the Botswana Government Gazette;

     “high judicial office” means the office of a judge of a court of unlimited jurisdiction in civil and criminal matters in Botswana, a Commonwealth country or in any country outside the Commonwealth that may be prescribed by Parliament or the office of judge of a court having jurisdiction in appeals from such a court;

     “Kgosana” (pl. Dikgosana) means Headman;

     “oath” includes affirmation;

     “the oath of allegiance” means such oath of allegiance as may be prescribed by law;

     “public office” means, subject to the provisions of subsections (2) and (3) of this section, an office of emolument in the public service;

     “public officer” means a person holding or acting in any public office;

     “the public service” means the civil service of the Government;

     “session” means the sittings of the National Assembly beginning when it first sits after the coming into operation of this Constitution or after Parliament is prorogued or dissolved at any time and ending when Parliament is prorogued or is dissolved without having been prorogued;

     “sitting” means a period during which the National Assembly is sitting without adjournment and includes any period during which it is in committee;

     “subordinate court” means any court established for Botswana other than—

     1. the Court of Appeal;
     2. the High Court;
     3. a court martial; or
     4. the Industrial Court.
2. In this Constitution, unless the context otherwise requires, references to offices in the public service shall be construed as including references to the offices of judges of the Court of Appeal and judges of the High Court and the offices of members of all subordinate courts (being offices the emoluments attaching to which, or any part of the emoluments attaching to which, are paid directly out of moneys provided by Parliament).
3. For the purposes of this Constitution a person shall not be considered to be a public officer by reason only that he or she is in receipt of any remuneration or allowance as the President, Vice-President, a Minister or Assistant Minister, Speaker, Deputy Speaker or Member of the Assembly, a Member of the Ntlo ya Dikgosi or a member of any Commission established by this Constitution.
4. For the purposes of this Constitution, a person shall not be considered as holding a public office by reason only of the fact that he or she is in receipt of a pension or other like allowance in respect of service under the Government of Botswana or the former Protectorate of Bechuanaland.
5. In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his or her office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office:Provided that nothing in this subsection shall apply to references to the President or Vice-President in section 35, 36 or 39 of this Constitution.
6. In this Constitution, unless it is otherwise provided or required by the context, a reference to the power to make appointments to any office shall be construed as including a reference to the power to make appointments on promotion and transfer and to confirm appointments and to the power to appoint a person to act in or perform the functions of that office at any time when the office is vacant or the holder thereof is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of that office.
7. References in this Constitution to the power to remove a public officer from his or her office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service:Provided that nothing in this subsection shall be construed as conferring on any person or authority power to require a judge of the Court of Appeal or the High Court, the Auditor-General or the Attorney-General to retire from the public service.
8. Any provision in this Constitution that vests in any person or authority power to remove any public officer from his or her office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or in any class of public officer on attaining an age specified therein.
9. Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself or herself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.
10. No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law.
11. Where any power is conferred by this Constitution to make any Act, order, regulation or rule, or to give any direction or instruction, the power shall be construed as including the power, exercisable in like manner to amend or revoke any such Act, order, regulation, rule, direction or instruction.
12. Any reference in this Constitution to a law made before 30th September, 1966 shall be construed as a reference to that law as it had effect on 29th September, 1966.
13. The Cap. 01:04 Interpretation Act, 1889 shall apply, with the necessary adaptations, for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and in relation to Acts of the Parliament of the United Kingdom.