BOTSWANA CONSTITUTION - AMENDED IN 1997 The Constitution informs me that: 1. The Vice President is APPOINTED by the President and is ENDORSED by Parliament. 2. The Speaker and Deputy Speaker are ELECTED by Elected Members of Parliament. 3. The First Schedule prescribes how the process of ELECTING nominated people for election as Specially MPs should be conducted i.e. by SECRET BALLOT. 4. The First Schedule also gives the Speaker to determine how such an ELECTION of Specially Elected MPs may be conducted. 5. There is NO SCHEDULE in the Constitution which PRESCRIBES how the Vice President may be ENDORSED and there is NO SCHEDULE that gives the Speaker or Parliament to make such a prescription not even to cause the Vice President nominee to be ELECTED. SO IN CONCLUSION, PARLIAMENT HAS NO POWERS TO ELECT a Vice President nominee but to only ENDORSE..........so the main issue for determination is ELECTION Vs ENDORSEMENT of the Vice President.......and is for legal brains to advise. SEE BELOW: Botswana Constitution – 1997 Amendment 39. Vice President 16 of 1997, s. 4. (1) There shall be a Vice-President who shall be appointed by the President from among the Elected Members of the National Assembly who are citizens of Botswana by birth or descent, which appointment shall be endorsed by the said Elected Members. 58. Composition of National Assembly (2) In addition to the President the National Assembly shall consist of- 9 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. FIRST SCHEDULE TO THE CONSTITUTION 9 of 2005, s. 24(a). (Section 58(2)(b)) ELECTION OF SPECIALLY ELECTED MEMBERS OF THE NATIONAL ASSEMBLY (4) The vote of every Elected Member of the National Assembly shall be given by ballot in such a manner as not to disclose how he or she has voted. 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. 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
Posted on: Wed, 29 Oct 2014 09:15:04 +0000
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