Constitution_Of_Botswana.TXT
(1) A person shall be qualified for election as President if, and shall not
be qualified unless, he or she(a)
is a citizen of Botswana by birth or descent;
(b)
has attained the age of 30 years; and
(c)
is qualified to be elected as a Member of the National Assembly.
(2) Notwithstanding any other law to the contrary, for the purposes of this
section and section 39(a)
the term "citizen by birth" shall be understood to include only
those persons who became citizens of Botswana prior to the amendment of the law
relating to citizenship by the Cap. 01:01 Citizenship Act;
(b)
any person who, although his or her father was a citizen of Botswana
at the time of that person's birth, had, by virtue of his or her having been born
outside Botswana, to be registered as a citizen of Botswana, under the law relating
to citizenship in force at that time, shall be regarded as a citizen by descent.
[Ch0000s34]34. Tenure of office of President 16 of 1997, s. 2.
(1) The President shall, subject to the provisions of this section, hold
office for an aggregate period not exceeding 10 years beginning from the date of his
or her first assumption of office of President after the commencement of this Act.
(2) The President shall cease to hold the office of President if at any time
during his or her tenure of office any circumstances arise that would, if he or she
were not a member of the National Assembly, cause him or her to be disqualified for
election thereto.
(3) The President shall cease to hold office of President at the expiry of
the period prescribed under subsection (1) of this section, or when the person
elected at the next election of President following a dissolution of Parliament
assumes office.
[Ch0000s35] 35. Vacancy in office of President
16 of 1997, s. 3. (1) Whenever the President dies, resigns or ceases to hold
office, the Vice-President shall assume office as President with effect from the
date of the death, resignation or ceasing to be President.
(2) If the office of President(a)
becomes vacant in circumstances in which there is no Vice-President;
or
(b)
is vacant whilst the Vice-President is absent from Botswana or is,
by reason of physical or mental infirmity unable to perform the functions of his or
her office,
the functions of the office of President shall, until such time as a new President
assumes office in accordance with this section or section 32 of this Constitution,
be performed by such Minister as the Cabinet shall appoint. For the purposes of this
subsection, a certificate of the Chief Justice that the Vice-President is by reason
of physical or mental infirmity unable to discharge the functions of his or her
office, shall, in respect of any period for which it is in force, be conclusive and
shall not be questioned in any court.
(3) Any person performing the functions of the office of President by virtue
of subsection (1) or (2) of this section shall not exercise the power of the
President to revoke the appointment of Vice-President or to dissolve Parliament.
(4) If the office of President becomes vacant, the National Assembly shall,
unless Parliament is dissolved, and notwithstanding that it may be prorogued, meet
on the seventh day after the office of President becomes vacant, or on such earlier
day as may be appointed by the Speaker, and shall elect a person to the office in
such manner as is prescribed by the next following subsection and, subject thereto,
by or under an Act of Parliament.
(5) In an election of a President under this section(a)
the Speaker shall preside at the meeting and conduct the election;
(b)
a person may be a candidate if and shall not be a candidate unless
he or she has been nominated as a candidate with his or her consent prior to the
sitting of the National Assembly at which the election takes place, by not less than
10 Members of the National Assembly entitled to vote in that election;
9 of 2005, s. 5. (c)
at the election every Member of the Assembly except
the Speaker shall be entitled to vote;
(d)
the votes of the Members of the Assembly who are entitled to vote
shall be given by ballot in such manner as not to disclose how any particular Member
voted, and any person who receives the votes of more than one half of the total
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