Constitution_Of_Botswana.TXT
court established by a disciplinary law, and in sections 4 and 6 of this
Constitution a court established by a disciplinary law;
"disciplinary law" means a law regulating the discipline of any disciplined
force;
"disciplined force" means(a)
a naval, military or air force;
(b)
a police force; or
(c)
a prison service;
"legal representative" means a person entitled to practise in Botswana as an
advocate or attorney;
"member", in relation to a disciplined force, includes any person who, under
the law regulating the discipline of that force, is subject to that discipline.
(2) In relation to any person who is a member of a disciplined force raised
under an Act of Parliament, nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be inconsistent with or in
contravention of any of the provisions of this Chapter other than sections 4, 6 and
7.
(3) In relation to any person who is a member of a disciplined force raised
otherwise than as aforesaid and lawfully present in Botswana, nothing contained in
or done under the authority of the disciplinary law of that force shall be held to
be inconsistent with or in contravention of any of the provisions of this Chapter.
CHAPTER III
Citizenship (ss 20-29: repealed)
[Ch0000s20to29]20 to 29 inclusive.
[Repealed.]
CHAPTER IV
The Executive (ss 30-56)
PART I
The President and the Vice-President (ss 30-41)
[Ch0000s30] 30. Office of President
There shall be a President of the Republic of Botswana who shall be the Head
of State.
[Ch0000s31] 31. First President
(1) The first President shall be the person who immediately before 30th
September, 1966 holds the office of Prime Minister under the Constitution.
(2) The first President shall be deemed to have assumed office at the coming
into operation of this Constitution.
[Ch0000s32] 32. Election of President after dissolution of Parliament
(1) Whenever Parliament is dissolved an election shall be held to the office
of President in such manner as is prescribed by this section and, subject thereto,
by or under an Act of Parliament.
(2) Nominations in the election of a President shall be delivered to the
returning officer on such day and at such time as may be prescribed by or under any
law for the time being in force in Botswana; the nomination of a candidate in an
election of a President shall not be valid unless it is supported, in such manner as
may be prescribed by or under an Act of Parliament, by not less than 1000 persons
registered as voters for the purpose of elections to the Assembly.
(3) The following provisions shall then apply(a)
a person nominated as a Parliamentary candidate may, at the time of
his or her nomination and subject to the provisions of paragraph (b), declare in
such manner as may be prescribed by or under an Act of Parliament which of the
candidates in the election of President he or she supports, but the nomination of a
Parliamentary candidate shall be valid notwithstanding that the nomination paper
does not contain such a declaration;
(b)
such a declaration shall not be made in relation to any Presidential
candidate unless that candidate has signified, in such manner as may be prescribed
by or under an Act of Parliament, his or her consent to the making of a declaration
in his or her favour by that Parliamentary candidate;
(c)
where the Parliamentary election is contested in any constituency a
poll shall be taken in that constituency at which the votes shall be given by
ballot, and for the purposes of that poll any Parliamentary candidate who declared
support in accordance with paragraph (a) for a particular Presidential candidate
shall use the same voting colour and symbol, if any, as may have been allocated
under any law for the time being in force in Botswana to that Presidential candidate
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