Constitution_Of_Botswana.TXT
Commission besides the Chairman or if any such member is appointed to act as
Chairman or is for any reason unable to perform the functions of his or her office,
the President may appoint a person who is qualified for appointment as a member of
the Commission to act as a member, and any person so appointed shall, subject to the
provisions of subsection (5)(b) of this section, continue to act until the office in
which he or she is acting is filled, or as the case may be, until the holder thereof
resumes his or her functions or until his or her appointment to act is revoked by
the President.
(11) Except as provided in subsection (13) of this section the Public
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.
(12) A member of the Commission shall not enter upon the duties of his or
her office 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 Parliament.
(13) Provision may be made by or under an Act of Parliament prescribing the
procedure of the Commission and, subject thereto, the Commission may regulate its
own procedure.
(14) Except as may be otherwise provided in its rules or procedure, the
Commission 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.
(15) Any decision of the Commission shall require the concurrence of a
majority of all the members thereof.
(16) A member of the Commission shall not, during the tenure of his or her
office or during the three years immediately following such tenure, be eligible for
appointment to any public office other than that of Ambassador, High Commissioner or
other principal representative of Botswana in any other country or accredited to any
international organization.
[Ch0000s110] 110.
Appointment, etc., of public officers
(1) Subject to the provisions of this section and of sections 111, 113 and
114 of this Constitution, power to appoint persons to hold or to act in any office
in the public service, to exercise disciplinary control over persons holding or
acting in such offices and to remove from such offices shall vest in such person or
persons as may be prescribed by Act of Parliament.
(2) The provisions of this section shall not apply in relation to the
following offices, that is to say(a)
the office of judge of the Court of Appeal or of the High Court;
(b)
any office to which section 104 or 112 of the Constitution applies.
(3) Before any person or persons as may have been prescribed under the
provisions of subsection (1) exercise power to appoint to or to act in any public
office any person who holds or is acting in any office the power to make
appointments to which is vested by this Constitution in the President acting in
accordance with the advice of the Judicial Service Commission such person shall
consult with the Judicial Service Commission.
[Ch0000s111] 111.
Appeals to President
(1) Any person other than a member of the Botswana Police Force or the
Prison Service who has been removed from office or subjected to any other punishment
by the exercise of any powers conferred on any person under the provisions of
section 110 of this Constitution may appeal to the Public Service Commission who may
dismiss such appeal or allow it wholly or in part.
(2) Subject to the provisions of subsection (3) every decision of the Public
Service Commission under the provisions of this section shall be final.
(3) Notwithstanding anything contained in subsection (2) if the Public
Service Commission dismisses an appeal or allows it in part only the person who
appealed may appeal to the President.
(4) If any person appeals to the President in accordance with the provisions
of subsection (3) of this section the President shall either dismiss the appeal or
shall order that it be heard by a tribunal appointed by the President, the Chairman
of which shall be a person who holds or has held high judicial office or is
qualified to be appointed as a judge of the High Court.
(5) If the President appoints a tribunal to hear an appeal in accordance
with subsection (4) of this section the tribunal shall hear the appeal and shall
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