Constitution_Of_Botswana.TXT
(i)
circumstances arise (other than a dissolution of the
Assembly) that, if he or she were such a Member, would cause him or her to vacate
his or her seat in the Assembly; or
(ii)
he or she does not become a Member of the Assembly;
(c)
if the holder of the office is removed from office by the President;
(d)
upon the assumption by any person of the office of President.
[Ch0000s44] 44. Cabinet
(1) There shall be a Cabinet which shall consist of the President,
Vice-President and the Ministers.
(2) There shall preside at meetings of the Cabinet(a)
the President;
(b)
in the absence of the President, the Vice-President; or
(c)
in the absence of the President and the Vice-President, such
Minister as the President may designate.
(3) The Cabinet may act notwithstanding any vacancy in its membership.
[Ch0000s45] 45. Oaths to be taken by Ministers and Assistant Ministers
The Vice-President, a Minister or an Assistant Minister shall not enter upon
the duties of his or her office unless 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.
[Ch0000s46] 46. Secretary to the Cabinet
(1) There shall be a Secretary to the Cabinet whose office shall be a public
office.
(2) The Secretary to the Cabinet shall have charge of the Cabinet Office and
shall be responsible, in accordance with such instructions as may be given to him or
her by the President, for arranging the business for, and keeping the minutes of,
the Cabinet, for conveying decisions of the Cabinet to the appropriate person or
authority, and shall have such other functions as the President may from time to
time direct.
PART III
Executive Functions (ss 47-56)
[Ch0000s47] 47. Functions of President
(1) The executive power of Botswana shall vest in the President and, subject
to the provisions of this Constitution, shall be exercised by him or her either
directly or through officers subordinate to him or her.
(2) In the exercise of any function conferred upon him or her by this
Constitution or any other law the President shall, unless it is otherwise provided,
act in his or her own deliberate judgment and shall not be obliged to follow the
advice tendered by any other person or authority.
(3) Nothing in this section shall prevent Parliament from conferring
functions on persons or authorities other than the President.
[Ch0000s48] 48. Command of armed forces
(1) The supreme command of the armed forces of the Republic shall vest in
the President and he or she shall hold the office of Commander in Chief.
(2) The powers conferred on the President by subsection (1) of this section
shall include(a)
the power to determine the operational use of the armed forces;
(b)
the power to appoint members of the armed forces, to make
appointments on promotion to any office in the armed forces and to dismiss any
member of the armed forces.
(3) The President may, by directions in writing and subject to such
conditions as he or she may think fit, delegate to any member of the armed forces
any of the powers mentioned in subsection (2) of this section.
(4) Parliament may regulate the exercise of the powers conferred by or under
this section.
[Ch0000s49] 49. Functions of Vice-President
The Vice-President shall be the principal assistant of the President in the
discharge of his or her executive functions and shall be responsible, under the
directions of the President, for such business of the government of Botswana
(including the administration of any department of Government) as the President may
assign to him or her.
[Ch0000s50] 50. Functions of Cabinet Ministers and Assistant Ministers
(1) The Cabinet shall be responsible for advising the President with respect
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