Constitution_Of_Botswana.TXT
advise the President whether or not the appeal should be allowed either wholly or in
part, and the President shall act in accordance with that advice.
[Ch0000s112] 112.
Powers of President in relation to certain public offices
(1) The power to appoint a person to hold or act in offices to which this
section applies and to remove from office and to exercise disciplinary control over
persons holding or acting in such offices shall, subject to the provisions of
sections 113 and 114 of this Constitution, vest in the President.
(2) The offices to which this section applies are(a)
Ambassador, High Commissioner or other principal representative of
Botswana in any other country or accredited to any international organisation;
(b)
Secretary to the Cabinet;
(c)
Attorney-General;
9 of 2005, s. 18.(cA)
Director of Public Prosecutions;
(d)
Permanent Secretary;
(e)
Commissioner of Police; and
(f)
any other superscale office (other than an office to which this
Constitution makes specific provision for appointment or an office to which
appointment is made under the provisions of section 104 of this Constitution) which
may be prescribed by Act of Parliament.
[Ch0000s113]113.
Tenure of office of Director of Public Prosecutions 9 of
2005, s. 19(a).
(1) Subject to the provisions of this section, a person appointed as
Director of Public Prosecutions shall hold office for a 5 year renewable term or
until he or she attains the age of 60 years, whichever is the earlier.
9 of 2005, s. 19(b) and (c). (2) A person holding the office of Director of
Public Prosecutions may be removed from office only for inability to perform the
functions of his or her office (whether arising from infirmity of body or mind or
any other cause) or for misbehaviour or for incompetence and shall not be so removed
except in accordance with the provisions of this section.
9 of 2005, s. 19(c). (3) If the President considers that the question of
removing a person holding the office of Director of Public Prosecutions from office
ought to be investigated then(a)
he or she shall appoint a tribunal which shall consist of a Chairman
and not less than two other members, who hold or have held high judicial office; and
9 of 2005, s. 19(b) and (c). (b)
the tribunal shall enquire into the
matter and report on the facts thereof to the President and advise the President
whether the person holding the office of Director of Public Prosecutions ought to be
removed from office under this section for inability as aforesaid or for
misbehaviour or for incompetence.
9 of 2005, s. 19(b) and (c). (4) Where a tribunal appointed under subsection
(3) of this section advises the President that a person holding the office of
Director of Public Prosecutions ought to be removed from office for inability as
aforesaid or for misbehaviour or for incompetence, the President shall remove such
person from office.
9 of 2005, s. 19(c). (5) If the question of removing a person holding the
office of Director of Public Prosecutions from office has been referred to a
tribunal under this section, the President may suspend that person from performing
the functions of his or her office, and any such suspension may at any time be
revoked by the President and shall in any case cease to have effect if the tribunal
advises the President that the person ought not to be removed from office.
[Ch0000s114] 114.
Tenure of office of Auditor-General
(1) Subject to the provisions of this section, a person holding the office
of Auditor-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.
(2) A person holding the office of Auditor-General may be removed from
office only for inability to perform the functions of his or her office (whether
arising from infirmity of body or mind or any other cause) or for misbehaviour and
shall not be so removed except in accordance with the provisions of this section.
(3) If the National Assembly resolves that the question of removing a person
holding the office of Auditor-General from office under this section ought to be
investigated then(a)
the Assembly shall, by resolution, appoint a tribunal which shall
consist of a Chairman and not less than two other members, who hold or have held
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