Constitution_Of_Botswana.TXT
accordance with that decision.
[Ch0000s106] 106.
Appeal to Court of Appeal
An appeal shall lie as of right to the Court of Appeal from any decision of
the High Court which involves the interpretation of this Constitution, other than a
decision of the High Court under section 69(1) of this Constitution:
Provided that no appeal shall lie from a determination of the High Court
under this section dismissing an application on the ground that it is frivolous or
vexatious.
PART V
Judicial Committee (s 107: repealed)
[Ch0000s107] 107.
[Repealed.]
CHAPTER VII
The Public Service (ss 108-116)
[Ch0000s108] 108.
Power to specify qualifications for certain offices
Subject to the provisions of this Constitution and of any Act of Parliament,
power to specify the qualifications and disqualifications for holding such public
offices as he or she may constitute shall vest in the President.
[Ch0000s109] 109.
Public Service Commission
(1) There shall be a Public Service Commission for Botswana which shall
consist of a Chairman and not less than two nor more than four other members.
(2) The members of the Public Service Commission shall be appointed by the
President.
(3) A person shall not be qualified for appointment as a member of the
Public Service Commission if he or she is a Member of the National Assembly or a
public officer, or is or has within the two years immediately preceding his or her
appointment been actively engaged in politics.
(4) For the purposes of this section a person shall be deemed to be or to
have been actively engaged in politics in circumstances in which he or she would be
deemed to be or to have been so engaged for the purposes of section 64(4)(b) of this
Constitution.
(5) Subject to the provisions of this section, the office of a member of the
Public Service Commission shall become vacant(a)
at the expiration of three years from the date of his or her
appointment;
(b)
if any circumstances arise that, if he or she were not a member of
the Commission, would cause him or her to be disqualified for appointment as such;
or
(c)
if he or she is removed from office in accordance with the
provisions of subsection (6) of this section.
(6) Subject to subsection (7) of this section a member of the Public Service
Commission may be removed from office by the President for inability to discharge
the functions of his or her office (whether arising from infirmity of body or mind
or any other cause) or for misbehaviour.
(7) If the President considers that the question of removing a member of the
Public Service Commission under subsection (6) of this section ought to be
investigated, then(a)
the President shall appoint a tribunal which shall consist of a
Chairman and not less than two other members selected by the Chief Justice from
among persons who hold or have held high judicial office; and
(b)
the tribunal shall enquire into the matter and report on the facts
thereof to the President and recommend to him or her whether the member ought to be
removed under subsection (6) of this section, and the President shall act in
accordance with that recommendation.
(8) A member of the Public Service Commission shall not be removed from
office except in accordance with the provisions of this section.
(9) If the office of Chairman of the Public Service Commission is vacant or
if the person holding that office is for any reason unable to perform the functions
of his or her office, then, until a person has been appointed to and has assumed the
functions of that office or until the person holding that office has resumed those
functions, as the case may be, those functions shall be performed by such one of the
other members of the Commission as may be designated in that behalf by the
President.
(10) If at any time there are less than two members of the Public Service
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