Constitution_Of_Botswana.TXT
(iii)
if the Vice-President ceases to perform the functions of the office
of President.
(6) In this section references to Members of the Assembly shall, in the
event of Parliament being dissolved, be construed as references to those persons who
immediately before the dissolution were Members of the Assembly.
[Ch0000s40] 40. Salary and allowances of President
(1) The President shall receive such salary and allowances as may be
prescribed by resolution of the National Assembly, which shall be a charge on the
general revenues of the Republic.
(2) The salary and allowances of the President shall not be altered to his
or her disadvantage during his or her period of office.
(3) A person who has held the office of President shall receive such pension
or, upon the expiration of his or her term of office, such gratuity as may be
prescribed by resolution of the National Assembly, which shall be a charge on the
Consolidated Fund.
[Ch0000s41] 41. Protection of President in respect of legal proceedings
(1) Whilst any person holds or performs the functions of the office of
President no criminal proceedings shall be instituted or continued against him or
her in respect of anything done or omitted to be done by him or her either in his or
her official capacity or in his or her private capacity and no civil proceedings
shall be instituted or continued in respect of which relief is claimed against him
or her in respect of anything done or omitted to be done in his or her private
capacity.
(2) Where provision is made by law limiting the time within which
proceedings of any description may be brought against any person, the term of any
person in the office of President shall not be taken into account in calculating any
period of time prescribed by that law which determines whether any such proceedings
as are mentioned in subsection (1) of this section may be brought against that
person.
PART II
The Cabinet (ss 42-46)
[Ch0000s42] 42. Ministers and Assistant Ministers
(1) There shall be such offices of Minister of the Government (not exceeding
six or such other number as Parliament may from time to time provide) as may be
established by Parliament or, subject to the provisions of any Act of Parliament, by
the President.
(2) There shall be such offices of Assistant Minister (not exceeding three
or such number as Parliament may from time to time provide) as may be established by
Parliament or, subject to the provisions of any Act of Parliament, by the President.
(3) Appointments to the office of Minister or Assistant Minister shall be
made by the President from among Members of the National Assembly:
Provided that(i)
not more than four persons may be appointed as Minister or Assistant
Minister from amongst persons who are not Members of the Assembly but are qualified
for election as such; and
(ii)
if occasion arises for making an appointment to the office of a
Minister or an Assistant Minister while Parliament is dissolved a person who was a
Member of the Assembly before the dissolution may be appointed as a Minister or an
Assistant Minister.
[Ch0000s43] 43. Tenure of office of Ministers and Assistant Ministers
The office of any Minister or Assistant Minister shall become vacant(a)
in the case of a Minister or Assistant Minister appointed from among
the Members of the National Assembly, or in the case of a Minister or Assistant
Minister appointed from among persons who are not Members of the Assembly who
becomes a Member of the Assembly before the expiration of four months from the date
of his or her appointment(i)
if he or she ceases to be a Member of the National Assembly
otherwise than by reason of a dissolution of the National Assembly; or
(ii)
if, at the first sitting of the Assembly after a general
election, he or she is not a Member of the Assembly;
(b)
in the case of a Minister or Assistant Minister appointed from among
persons who are not Members of the Assembly, if before the expiration of four months
from the date of his or her appointmentPage 19