Constitution_Of_Botswana.TXT
high judicial office;
(b)
the tribunal shall enquire into the matter and report on the facts
thereof to the Assembly;
(c)
the Assembly shall consider the report of the tribunal at the first
convenient sitting of the Assembly after it is received and may, upon such
consideration, by resolution, remove the Auditor-General from office.
(4) If the question of removing a person holding the office of
Auditor-General from office has been referred to a tribunal under this section, the
National Assembly may, by resolution, suspend that person from performing the
functions of his or her office, and any such suspension may at any time be revoked
by the Assembly by resolution and shall in any case cease to have effect if, upon
consideration of the report of the tribunal in accordance with the provisions of
this section, the Assembly does not remove the Auditor-General from office.
[Ch0000s115] 115.
Pensions laws and protection of pensions rights
(1) The law to be applied with respect to any pensions benefits that were
granted to any person before the coming into operation of this Constitution shall be
the law that was in force at the date on which those benefits were granted or any
law in force at a later date that is not less favourable to that person.
(2) The law to be applied with respect to any pensions benefits (not being
benefits to which subsection (1) of this section applies) shall(a)
in so far as those benefits are wholly in respect of a period of
service as a public officer that commenced before the date on which this
Constitution comes into operation, be the law that was in force immediately before
that date; and
(b)
in so far as those benefits are wholly or partly in respect of a
period of service as a public officer that commenced after the date on which this
Constitution comes into operation, be the law in force on the date on which that
period of service commenced,
or any law in force at a later date that is not less favourable to that person.
(3) Where a person is entitled to exercise an option as to which of two or
more laws shall apply in his or her case, the law for which he or she opts shall,
for the purposes of this section, be deemed to be more favourable to him or her than
the other law or laws.
(4) All pensions benefits shall (except to the extent to which under any law
providing for the funding of pensions benefits they are a charge on a fund
established by that law and have been duly paid out of that fund to the person or
authority to whom payment is due) be a charge on the Consolidated Fund.
(5) In this section "pensions benefits" means any pensions, compensation,
gratuities or other like allowances for persons in respect of their service as
public officers or as members of the armed forces or for the widows, children,
dependants or personal representatives of such persons in respect of such service.
(6) References in this section to the law with respect to pensions benefits
include (without prejudice to their generality) references to the law regulating the
circumstances in which such benefits may be granted or in which the grant of such
benefits may be refused, the law regulating the circumstances in which any such
benefits that have been granted may be withheld, reduced in amount or suspended and
the law regulating the amount of any such benefits.
(7) In this section references to service as a public officer include
references to service as a public officer of the former Protectorate of
Bechuanaland.
[Ch0000s116] 116.
Power of Commissions in relation to pensions, etc.
(1) Where under any law any person or authority has a discretion(a)
to decide whether or not any pensions benefits shall be granted; or
(b)
to withhold, reduce in amount or suspend any such benefits that have
been granted,
those benefits shall be granted and may not be withheld, reduced in amount or
suspended unless the appropriate Commission concurs in the refusal to grant the
benefits or, as the case may be, in the decision to withhold them, reduce them in
amount or suspend them.
(2) Where the amount of any pensions benefits that may be granted to any
person is not fixed by law, the amount of the benefits to be granted to him or her
shall be the greatest amount for which he or she is eligible unless the appropriate
Commission concurs in his or her being granted benefits of a smaller amount.
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