Constitution_Of_Botswana.TXT
exercise any of his or her powers under the said section 53 in any case not falling
within subsection (1) of this section.
[Ch0000s56] 56. Constitution of offices
Subject to the provisions of this Constitution and of any Act of Parliament,
the powers of constituting and abolishing offices for Botswana shall vest in the
President.
CHAPTER V
Parliament (ss 57-94)
PART I
Composition (ss 57-70)
[Ch0000s57] 57. Parliament
There shall be a Parliament of Botswana which shall consist of the President
and a National Assembly.
[Ch0000s58] 58. Composition of National Assembly
(1) The President shall be ex-officio a member of the National Assembly, and
shall be entitled to speak and to vote in all proceedings of the National Assembly.
(2) In addition to the President the National Assembly shall consist of9 of 2005, s. 8. (a)
57 Elected Members who shall be elected in
accordance with the provisions of this Constitution and subject thereto in
accordance with the provisions of any Act of Parliament; and
(b)
four Specially Elected Members who shall be elected in accordance
with the First Schedule to this Constitution and subject thereto in accordance with
the provisions of any Act of Parliament.
(3) If a person who is not a member of the National Assembly is elected to
the office of Speaker of the National Assembly, that person shall, by virtue of
holding that office, be a member of the Assembly in addition to the members referred
to in subsections (1) and (2) of this section.
[Ch0000s59] 59. Speaker
(1) There shall be a Speaker of the National Assembly who shall be elected
by the Members of the Assembly from among persons who are Members of the Assembly or
from among persons who are not Members of the Assembly.
(2) The President, the Vice-President, a Minister, an Assistant Minister or
a public officer shall not be qualified to be elected as Speaker.
(3) The Speaker shall vacate his or her office(a)
if, having been elected from among the Members of the National
Assembly, he or she ceases to be a Member of the Assembly otherwise than by reason
of a dissolution of Parliament or if he or she is required by virtue of section
68(2) to (3) of this Constitution, to cease to perform his or her functions as a
Member of the Assembly;
(b)
if any circumstances arise that, if he or she were not Speaker,
would disqualify him for election as such;
(c)
when the Assembly first sits after any dissolution of Parliament; or
(d)
if he or she is removed from office by a resolution of the Assembly
supported by the votes of not less than two-thirds of all the Members thereof.
(4) No business shall be transacted in the National Assembly (other than an
election to the office of Speaker) at any time when the office of Speaker is vacant.
[Ch0000s60] 60. Deputy Speaker
(1) There shall be a Deputy Speaker of the National Assembly who shall be
elected from among the persons who are Members of the Assembly other than the
President, the Vice-President, Ministers or Assistant Ministers.
(2) The Members of the National Assembly shall elect a person to the office
of Deputy Speaker when the Assembly first sits after any dissolution and, if the
office becomes vacant otherwise than by reason of the dissolution of the Assembly,
at the first sitting of the Assembly after the office becomes vacant.
(3) The Deputy Speaker shall vacate his or her office(a)
if he or she ceases to be a Member of the National Assembly,
otherwise than by reason of a dissolution of Parliament;
(b)
if any circumstances arise that, if he or she were not Deputy
Speaker, would disqualify him or her for election as such;
(c)
if he or she is required, by virtue of section 68(2) to (3) of this
Constitution, to cease to perform his or her functions as a Member of the Assembly;
(d)
if he or she is elected as Speaker;
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