Constitution_Of_Botswana.TXT
"session" means the sittings of the National Assembly beginning when it
first sits after the coming into operation of this Constitution or after Parliament
is prorogued or dissolved at any time and ending when Parliament is prorogued or is
dissolved without having been prorogued;
"sitting" means a period during which the National Assembly is sitting
without adjournment and includes any period during which it is in committee;
"subordinate court" means any court established for Botswana other than(a)
the Court of Appeal;
2 of 2002, s. 9(a). (b) the High Court;
2 of 2002, s. 9(b). (c) a court martial; or
2 of 2002, s. 9(c). (d) the Industrial Court.
(2) In this Constitution, unless the context otherwise requires, references
to offices in the public service shall be construed as including references to the
offices of judges of the Court of Appeal and judges of the High Court and the
offices of members of all subordinate courts (being offices the emoluments attaching
to which, or any part of the emoluments attaching to which, are paid directly out of
moneys provided by Parliament).
(3) For the purposes of this Constitution a person shall not be considered
to be a public officer by reason only that he or she is in receipt of any
remuneration or allowance as the President, Vice-President, a Minister or Assistant
Minister, Speaker, Deputy Speaker or Member of the Assembly, a Member of the Ntlo ya
Dikgosi or a member of any Commission established by this Constitution.
(4) For the purposes of this Constitution, a person shall not be considered
as holding a public office by reason only of the fact that he or she is in receipt
of a pension or other like allowance in respect of service under the Government of
Botswana or the former Protectorate of Bechuanaland.
(5) In this Constitution, unless the context otherwise requires, a reference
to the holder of an office by the term designating his or her office shall be
construed as including a reference to any person for the time being lawfully acting
in or performing the functions of that office:
Provided that nothing in this subsection shall apply to references to the
President or Vice-President in section 35, 36 or 39 of this Constitution.
(6) In this Constitution, unless it is otherwise provided or required by the
context, a reference to the power to make appointments to any office shall be
construed as including a reference to the power to make appointments on promotion
and transfer and to confirm appointments and to the power to appoint a person to act
in or perform the functions of that office at any time when the office is vacant or
the holder thereof is unable (whether by reason of absence or infirmity of mind or
body or any other cause) to perform the functions of that office.
(7) References in this Constitution to the power to remove a public officer
from his or her office shall be construed as including references to any power
conferred by any law to require or permit that officer to retire from the public
service:
Provided that nothing in this subsection shall be construed as conferring on
any person or authority power to require a judge of the Court of Appeal or the High
Court, the Auditor-General or the Director of Public Prosecutions to retire from the
public service.
(8) Any provision in this Constitution that vests in any person or authority
power to remove any public officer from his or her office shall be without prejudice
to the power of any person or authority to abolish any office or to any law
providing for the compulsory retirement of public officers generally or in any class
of public officer on attaining an age specified therein.
(9) Where power is vested by this Constitution in any person or authority to
appoint any person to act in or perform the functions of any office if the holder
thereof is himself unable to perform those functions, no such appointment shall be
called in question on the ground that the holder of the office was not unable to
perform those functions.
(10) No provision of this Constitution that any person or authority shall
not be subject to the direction or control of any other person or authority in the
exercise of any functions under this Constitution shall be construed as precluding a
court of law from exercising jurisdiction in relation to any question whether that
person or authority has performed those functions in accordance with this
Constitution or any other law.
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