Constitution_Of_Botswana.TXT
(6) The Commission may by regulation or otherwise regulate its own procedure
and may, subject to its rules of procedure, act notwithstanding any vacancy in its
membership or the absence of any member and its proceedings shall not be invalidated
by the presence or participation of any person not entitled to be present at or to
participate in those proceedings:
Provided that any decision of the Commission shall require the concurrence
of a majority of all its members.
(7) In the exercise of its functions under this section the Delimitation
Commission shall not be subject to the direction or control of any other person or
authority.
(8) A Delimitation Commission shall stand dissolved upon the date on which
its report is delivered to the President.
[Ch0000s65A]65A.
Appointment of Independent Electoral Commission 18 of 1997,
s. 2.
(1) There shall be an Independent Electoral Commission which shall consist
of(a)
a Chairman who shall be a judge of the High Court appointed by the
Judicial Service Commission;
(b)
a legal practitioner appointed by the Judicial Service Commission;
and
(c)
five other persons who are fit, proper and impartial, appointed by
the Judicial Service Commission from a list of persons recommended by the All Party
Conference.
(2) Where the All Party Conference fail to agree on all or any number of
persons referred to in subsection (1)(c) of this section up to dissolution of
Parliament, the Judicial Service Commission shall appoint such person or persons as
are necessary to fill any vacancy.
(3) For the purposes of this section, "All Party Conference" means a meeting
of all registered political parties convened from time to time by the Minister.
(4) The first appointments of the Chairman and the Members of the Commission
shall be made not later than 31st January, 1999, and thereafter subsequent
appointments shall be made at the last dissolution of every two successive lives of
Parliament.
(5) The Chairman and the members of the Commission shall hold office for a
period of two successive lives of Parliament.
(6) A person shall not be qualified to be appointed as a member of the
Independent Electoral Commission if(a)
he or she has been declared insolvent or adjudged or otherwise
declared bankrupt under any law in force in any part of the Commonwealth 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; or
(b)
he or she has been convicted of any offence involving dishonesty in
any country.
(7) A person appointed a member of the Commission shall not enter upon the
duties of the office of Commissioner until he or she has taken and subscribed the
oath of allegiance and such oath for the due execution of his or her office as may
be prescribed by an Act of Parliament.
(8) The Commission shall regulate its own procedure and proceedings.
(9) The Chairman shall preside over all proceedings, and in his or her
absence, the legal practitioner referred to in subsection (1)(b) shall preside over
the proceedings.
(10) The quorum shall be four members, one of whom shall be the Chairman or
the said legal practitioner.
(11) All issues shall be decided by the decision of the majority of the
members present and voting.
(12) The Commission shall be responsible for(a)
the conduct and supervision of elections of the Elected Members of
the National Assembly and members of a local authority, and conduct of a referendum;
(b)
giving instructions and directions to the Secretary of the
Commission appointed under section 66 in regard to the exercise of his or her
functions under the electoral law prescribed by an Act of Parliament;
(c)
ensuring that elections are conducted efficiently, properly, freely
and fairly; and
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