Constitution_Of_Botswana.TXT
(11) Where any power is conferred by this Constitution to make any Act,
order, regulation or rule, or to give any direction or instruction, the power shall
be construed as including the power, exercisable in like manner to amend or revoke
any such Act, order, regulation, rule, direction or instruction.
(12) Any reference in this Constitution to a law made before 30th September,
1966 shall be construed as a reference to that law as it had effect on 29th
September, 1966.
S.I. 51/1993. (13) The Cap. 01:04 Interpretation Act, 1889 shall apply, with
the necessary adaptations, for the purpose of interpreting this Constitution and
otherwise in relation thereto as it applies for the purpose of interpreting and in
relation to Acts of the Parliament of the United Kingdom.
FIRST SCHEDULE TO THE CONSTITUTION 9 of 2005, s. 24(a).
(Section 58(2)(b))
ELECTION OF SPECIALLY ELECTED MEMBERS OF
THE NATIONAL ASSEMBLY
1. (1) In this Schedule"by-election" means an election to fill a vacancy among the Specially
Elected Members occurring otherwise than upon a dissolution of Parliament;
"general election" means an election to fill the vacancies among the
Specially Elected Members occurring upon a dissolution of Parliament;
"the Speaker" means the Speaker of the National Assembly; and
"prescribed" means prescribed by rules made under paragraph 2 of this
Schedule.
(2) At any time when the office of Speaker is vacant or the holder of that
office is unable by reason of absence or illness to exercise the functions vested in
him or her by this Schedule those functions may be exercised by the Deputy Speaker
of the National Assembly or, if there is no Deputy Speaker or the Deputy Speaker is
unable by reason of absence or illness to exercise those functions, by such Member
of the Assembly (not being the President or Vice-President or a Minister or
Assistant Minister) as the Assembly may elect for that purpose.
2. Subject to the provisions of this Schedule the National Assembly may make rules
for the election of its Specially Elected Members.
3. Elections of Specially Elected Members shall be conducted by the Speaker and,
subject to the provisions of this Schedule and of any rules made under paragraph 2
thereof, shall be conducted in such manner as he or she may direct.
4. (1) The President shall nominate four candidates for election in the case of a
general election and he or she shall nominate one candidate for election in the case
of a by-election.
(2) The names of the four candidates or, as the case may be, the name of the
one candidate nominated for election by the President under the foregoing
subparagraph shall be presented to the National Assembly in such manner as may be
prescribed, and any Elected Member of the Assembly (other than the President if he
or she is an Elected Member) shall thereupon be entitled to nominate four candidates
for election in the case of a general election and one candidate for election in the
case of a by-election.
(3) A list of the candidates nominated for election by the President and the
Elected Members of the National Assembly under the foregoing provisions of this
paragraph shall be prepared, and each Elected Member of the Assembly shall be
entitled to vote(a)
in the case of a general election, for four candidates; and
(b)
in the case of a by-election, for one candidate,
on the list so constituted.
(4) The vote of every Elected Member of the National Assembly shall be given
by ballot in such a manner as not to disclose how he or she has voted.
(5) An Elected Member of the National Assembly shall not cast more than one
vote for any one candidate.
5. (1) The Speaker shall cause elections of Specially Elected Members to be held(a)
in the case of a general election, as soon as practicable after the
holding of a general election of the Elected Members of the National Assembly and
before the Assembly first meets after that general election; and
(b)
in the case of a by-election, as soon as practicable after a vacancy
has occurred among the Specially Elected Members.
(2) A meeting of the Elected Members of the National Assembly that is held
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