Constitution of Botswana
The present Constitution of Botswana commenced on September 30, 1966.
Before colonial rule was established in Botswana, a traditional constitution - a body of laws known as molao - was used by tribal chiefs, or diKgosi, of the BaTswana people. During the early years of the Bechuanaland Protectorate, some non-Batswana also came to be ruled by these laws. Protectorate administrators kept elements, though not all, of this traditional constitution; much of it has lapsed today.[1][2]
In 1959, a Constitutional Committee of the Joint Advisory Council drew up the Protectorate's first formal constitution, which came into operation in 1960. In 1963 consultations began for a second constitution which would confer self-government. The 1965 general election was held under this constitution, which was modelled on the Westminster system of parliamentary democracy: there was a unicameral legislature; a prime minister and cabinet of five ministers responsible to the legislature; and a purely consultative Ntlo ya Dikgosi.[1]
When Botswana achieved full independence on 30 September 1966, the prime minister was replaced by a president elected by the legislature (renamed the National Assembly, and given executive powers.[1]
A series of later amendments to the Constitution have increased the number of elected members of the National Assembly, and the size of the Ntlo ya Dikgosi. Other constitutional changes were made in 1994 and 1997.[1]
A series of later amendments to the Constitution have increased the number of elected members of the National Assembly, and the size of the Ntlo ya Dikgosi. Other constitutional changes were made in 1994 and 1997.[1]
Structure
The constitution is divided into 9 chapters, each detailing certain areas such as individual rights and the delegation of executive powers.
The constitution is divided into 9 chapters, each detailing certain areas such as individual rights and the delegation of executive powers.
- CHAPTER I - The Republic
- CHAPTER II - Protection of Fundamental Rights and Freedoms of the Individual
- 3. Fundamental rights and freedoms of the individual
- 4. Protection of right to life
- 5. Protection of right to personal liberty
- 6. Protection from slavery and forced labour
- 7. Protection from inhuman treatment
- 8. Protection from deprivation of property
- 9. Protection for privacy of home and other property
- 10. Provisions to secure protection of law
- 11. Protection of freedom of conscience
- 12. Protection of freedom of expression
- 13. Protection of freedom of assembly and association
- 14. Protection of freedom of movement
- 15. Protection from discrimination on the grounds of race, etc.
- 16. Derogation from fundamental rights and freedoms
- 17. Declarations relating to emergencies
- 18. Enforcement of protective provisions
- 19. Interpretation and savings
- CHAPTER III - Citizenship
- 20 to 29 inclusive. [Repealed.]
- CHAPTER IV - The Executive
- PART I - The President and the Vice-President
- 30. Office of President
- 31. First President
- 32. Election of President after dissolution of Parliament
- 33. Qualification for election as President
- 34. Tenure of office of President
- 35. Vacancy in office of President
- 36. Discharge of functions of President during absence, illness, etc.
- 37. Oath of President
- 38. Returning officer at elections of President39. Vice-President
- 40. Salary and allowances of President
- 41. Protection of President in respect of legal proceedings
- PART II - The Cabinet
- PART III - Executive Functions
- 47. Functions of President
- 48. Command of armed forces
- 49. Functions of Vice-President
- 50. Functions of Cabinet Ministers and Assistant Ministers
- 51. Attorney-General
- 52. Permanent Secretaries
- 53. Prerogative of Mercy
- 54. Advisory Committee on Prerogative of Mercy
- 55. Functions of Advisory Committee on Prerogative of Mercy
- 56. Constitution of offices
- PART I - The President and the Vice-President
- CHAPTER V - Parliament
- PART I - Composition
- 57. Parliament
- 58. Composition of National Assembly
- 59. Speaker
- 60. Deputy Speaker
- 61. Qualifications for election to National Assembly
- 62. Disqualifications for membership of National Assembly
- 63. Constituencies
- 64. Delimitation Commission
- 65. Report of Commission
- 65A. Appointment of Independent Electoral Commission</li>
- 66. Appointment of Secretary to Independent Electoral Commission
- 67. The franchise
- 68. Tenure of office of members
- 69. Determination of questions as to membership of National Assembly
- 70. Clerk of the Assembly
- PART II - General Provisions Relating to Procedure in National Assembly
- PART III - The House of Chiefs
- 77. Composition of House of Chiefs
- 78. Ex-officio Members of the House of Chiefs
- 79. Elected and Specially Elected Members of House of Chiefs
- 80. Oath of allegiance
- 81. Secretary to House of Chiefs
- 82. Tenure of office of Elected Members and Specially Elected Members
- 83. Rules of Procedure of House of Chiefs
- 84. House of Chiefs may transact business notwithstanding vacancies
- 85. Functions of House of Chiefs
- PART IV - Powers of Parliament
- PART V - Summoning, Prorogation and Dissolution
- PART VI - Interpretation
- PART I - Composition
- CHAPTER VI - The Judicature
- CHAPTER VII - The Public Service
- 108. Power to specify qualifications for certain offices
- 109. Public Service Commission
- 110. Appointment, etc., of public officers
- 111. Appeals to President
- 112. Powers of President in relation to certain public offices
- 113. Tenure of office of Attorney-General
- 114. Tenure of office of Auditor-General
- 115. Pensions laws and protection of pensions rights
- 116. Power of Commissions in relation to pensions, etc.
- CHAPTER VIII - Finance
- CHAPTER IX - Miscellaneous
- Schedule - Election of Specially Elected Members of the National Assembly
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