Constitution_Of_Botswana.TXT
to the policy of the Government and with respect to such other matters as may be
referred to it by the President and shall, subject to the provisions of this
Constitution, be responsible to the National Assembly for all things done by or
under the authority of the President, Vice-President or any Minister in the
execution of his or her office.
(2) The President shall, so far as practicable and subject to the provisions
of this Constitution, consult the Cabinet on matters of policy and the exercise of
his or her functions.
(3) The obligation of the President to consult his or her Cabinet and for
the Cabinet to accept responsibility under this section shall not apply to the
exercise by the President of his or her powers in relation to the appointment or
removal of the Vice-President, Ministers and Assistant Ministers, the dissolution of
Parliament, the Prerogative of Mercy, the assignment of responsibility to the
Vice-President or any Minister and the specification of the functions of an
Assistant Minister.
(4) A Minister shall be responsible, under the direction 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.
(5) An Assistant Minister shall(a)
assist the President or the Vice-President in the discharge of such
of the functions of the office of President or Vice-President as the President may
specify; or
(b)
assist such Minister in the discharge of the functions assigned to
him or her under subsection (4) of this section as the President may specify.
[Ch0000s51] 51. Attorney-General
9 of 2005, s. 6. (1) There shall be an Attorney-General appointed by the
President whose office shall be a public office.
(2) A person shall not be qualified to be appointed to the Office of
Attorney-General unless he or she is qualified to be appointed to the Office of a
Judge of the High Court.
(3) The Attorney-General shall be the principal legal adviser to the
Government.
(4) A person holding the Office of Attorney-General shall vacate his or her
office when he or she attains the age of 60 years or such other age as may be
prescribed by Parliament.
[Ch0000s51A]51A.
Director of Public Prosecutions
9 of 2005, s. 7. (1) There shall be a Director of Public Prosecutions
appointed by the President whose office shall be a public office and who shall be
subject to the administrative supervision of the Attorney-General.
(2) A person shall not be qualified to be appointed to the Office of
Director of Public Prosecutions unless he or she is qualified to be appointed to the
Office of a Judge of the High Court.
(3) The Director of Public Prosecutions shall have power in any case in
which he or she considers it desirable to do so(a)
to institute and undertake criminal proceedings against any person
before any court (other than a court martial) in respect of any offence alleged to
have been committed by that person;
(b)
to take over and continue any such criminal proceedings that have
been instituted or undertaken by any other person or authority; and
(c)
to discontinue, at any stage before judgment is delivered, any such
criminal proceedings instituted or undertaken by himself or herself or any other
person or authority.
(4) The powers of the Director of Public Prosecutions under subsection (3)
may be exercised by him or her in person or by officers subordinate to him or her
acting in accordance with his or her general or special authority.
(5) For the purposes of this section any appeal from any judgment in any
criminal proceedings before any court, or any case stated or question of law
reserved for the purpose of any such proceedings, to any other court shall be deemed
to be part of those proceedings:
Provided that the power conferred on the Director of Public Prosecutions by
subsection (3)(c) of this section shall not be exercised in relation to any appeal
by a person convicted in any criminal proceedings or to any case stated or question
of law reserved at the instance of such person.
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