Constitution_Of_Botswana.TXT
the Judicial Service Commission shall, as soon as practicable thereafter, appoint a
Delimitation Commission.
(3) The Chairman of a Delimitation Commission shall be selected from among
persons who hold or have held high judicial office.
(4) No person shall be qualified to be appointed as Chairman or member of a
Delimitation Commission who(a)
is a Member of the National Assembly;
(b)
is or has been within the preceding five years actively engaged in
politics; or
(c)
is a public officer.
(5) A person shall be deemed to be actively engaged in politics or to have
been so engaged during the relevant period if(a)
he or she is, or was at any time during that period, a Member of the
National Assembly;
(b)
he or she is, or was at any time during that period, nominated as a
candidate for election to the National Assembly; or
(c)
he or she is, or was at any time during that period, the holder of
an office in any political organization that sponsors or supports, or has at any
time sponsored or supported, a candidate for election as a Member of the National
Assembly:
Provided that no person shall be disqualified from holding the office of
Chairman or member of a Delimitation Commission by reason only of the fact that he
or she has been the Speaker of the National Assembly if he or she was elected to
that office from amongst persons who were not Members of the National Assembly.
(6) The office of Chairman or other member of the Delimitation Commission
shall become vacant if circumstances arise that, were he or she not Chairman or
member of the Delimitation Commission, would disqualify him or her for appointment
as such.
(7) If, after the appointment of the Delimitation Commission and before the
Commission has submitted its report under section 65, the office of Chairman or any
other member of the Commission falls vacant or the holder of the office becomes
unable for any reason to discharge his or her functions as a member of the
Commission, the Judicial Service Commission may, subject to the provisions of
subsections (3) to (5) of this section, appoint another person to be a member of the
Commission:
Provided that a member appointed under this section because of the inability
of some other member to discharge his or her functions shall cease to be a member of
the Commission when, in the opinion of the Judicial Service Commission, that other
member is able to resume his or her functions as a member of the Commission.
[Ch0000s65] 65. Report of Commission
(1) Whenever a Delimitation Commission has been appointed the Commission
shall as soon as practicable submit to the President a report which shall state
whether any alteration is necessary to the boundaries of the constituencies in order
to give effect to subsection (2) of this section or in consequence of any alteration
in the number of seats of Elected Members in the National Assembly and where any
alteration is necessary shall include a list of the constituencies delimited by the
Commission and a description of the boundaries of those constituencies.
(2) The boundaries of each constituency shall be such that the number of
inhabitants thereof is as nearly equal to the population quota as is reasonably
practicable:
Provided that the number of inhabitants of a constituency may be greater or
less than the population quota in order to take account of natural community of
interest, means of communication, geographical features, density of population, and
the boundaries of Tribal Territories and administrative districts.
(3) In this section "population quota" means the number obtained by dividing
the number of inhabitants of Botswana (as ascertained by reference to the latest
comprehensive national population census in Botswana) by the number of
constituencies into which Botswana is divided under section 63 of this Constitution.
(4) The President shall as soon as practicable after the submission of the
report of the Delimitation Commission, by Proclamation published in the Gazette,
declare the boundaries of the constituencies as delimited by the Commission.
(5) A Proclamation made under subsection (4) of this section shall come into
force at the next dissolution of the National Assembly after it is made.
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