Constitution_Of_Botswana.TXT
PART III
Judicial Service Commission (ss 103-104)
[Ch0000s103] 103.
Composition and procedure
2 of 2002, s. 8(a). (1) There shall be a Judicial Service Commission for
Botswana which shall consist of(a)
the Chief Justice who shall be Chairman;
(b)
the President of the Court of Appeal (not being the Chief Justice or
the most Senior Justice of the Court of Appeal);
(c)
the Attorney-General;
(d)
the Chairman of the Public Service Commission;
(e)
a member of the Law Society nominated by the Law Society; and
(f)
a person of intergrity and experience not being a legal practitioner
appointed by the President.
2 of 2002, s. 8(a). (2) A member nominated under paragraph (e) or appointed
under paragraph (f) of subsection (1) shall hold office for a period of two years,
but shall be eligible for re-nomination or re-appointment, as the case may be, for
another term of office for two years:
Provided that(i)
a member nominated under paragraph (e) may be removed from office by
the rest of the members of the Commission acting together only for inability of the
member to discharge the functions of his or her office whether arising from
infirmity of mind or body or any other cause or for gross misbehaviour; or
(ii)
a member appointed under paragraph (f) may be removed from office by
the President only for inability of the member to discharge the functions of his or
her office whether arising from infirmity of mind or body or any other cause or for
gross misbehaviour.
(3) A member of the Commission shall not enter upon the duties of his or her
office until he or she has taken and subscribed such oath for the due execution of
his or her office as may be prescribed by Parliament.
(4) The Judicial Service Commission shall not be subject to the direction or
control of any other person or authority in the exercise of its functions under this
Constitution.
2 of 2002, s. 8(b). (5) The Commission may regulate its own procedure and,
subject to that procedure, may 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.
2 of 2002, s. 8(b). (6) The decisions of the Commission shall be by the vote
of a majority of the members present, and in the event of an equality of votes, the
Chairman shall have a casting vote.
[Ch0000s104] 104.
Appointment, etc., of judicial officers
(1) Power to appoint persons to hold or act in offices to which this section
applies, to exercise disciplinary control over persons holding or acting in such
offices and to remove such persons from office shall vest in the President acting in
accordance with the advice of the Judicial Service Commission.
(2) The offices to which this section applies are(a)
the office of Registrar of the Court of Appeal and High Court;
(b)
all offices of magistrate;
(c)
such other offices of President or member of any court or connected
with any court as may be prescribed by or under an Act of Parliament.
(3) In this section references to a court do not include references to a
court martial.
PART IV
Interpretation of the Constitution (ss 105-106)
[Ch0000s105] 105.
Reference to High Court of cases involving interpretation of
Constitution
(1) Where any question as to the interpretation of this Constitution arises
in any proceedings in any subordinate court and the court is of the opinion that the
question involves a substantial question of law, the court may, and shall, if any
party to the proceedings so requests, refer the question to the High Court.
(2) Where any question is referred to the High Court in pursuance of this
section, the High Court shall give its decision upon the question and the court in
which the question arose shall, subject to any appeal, dispose of the case in
Page 39