Botswana 1966 Constitution (reviewed 2016)

CHAPTER IV. The Executive (ss 30-56)

PART I. The President and the Vice-President (ss 30-41)

30. Office of President

There shall be a President of the Republic of Botswana who shall be the Head of State.

31. First President

1. The first President shall be the person who immediately before 30th September, 1966 holds the office of Prime Minister under the Constitution.
2. The first President shall be deemed to have assumed office at the coming into operation of this Constitution.

32. Election of President after dissolution of Parliament

1. Whenever Parliament is dissolved an election shall be held to the office of President in such manner as is prescribed by this section and, subject thereto, by or under an Act of Parliament.
2. Nominations in the election of a President shall be delivered to the returning officer on such day and at such time as may be prescribed by or under any law for the time being in force in Botswana; the nomination of a candidate in an election of a President shall not be valid unless it is supported, in such manner as may be prescribed by or under an Act of Parliament, by not less than 1000 persons registered as voters for the purpose of elections to the Assembly.
3. The following provisions shall then apply—
   1. a person nominated as a Parliamentary candidate may, at the time of his or her nomination and subject to the provisions of paragraph (b), declare in such manner as may be prescribed by or under an Act of Parliament which of the candidates in the election of President he or she supports, but the nomination of a Parliamentary candidate shall be valid notwithstanding that the nomination paper does not contain such a declaration;
   2. such a declaration shall not be made in relation to any Presidential candidate unless that candidate has signified, in such manner as may be prescribed by or under an Act of Parliament, his or her consent to the making of a declaration in his or her favour by that Parliamentary candidate;
   3. where the Parliamentary election is contested in any constituency a poll shall be taken in that constituency at which the votes shall be given by ballot, and for the purposes of that poll any Parliamentary candidate who declared support in accordance with paragraph (a) for a particular Presidential candidate shall use the same voting colour and symbol, if any, as may have been allocated under any law for the time being in force in Botswana to that Presidential candidate for the purposes of the Presidential election;
   4. the returning officer shall declare to be elected as President any candidate for whom support has been declared in accordance with paragraph (a) above by not less than such number of persons elected as Members of the National Assembly in the Parliamentary election as corresponds to more than half the total number of seats for Elected Members in the Assembly, and if there is no such person the returning officer shall declare that no candidate has been elected.
4. Parliament may make provision whereby the time for nominating Presidential candidates may be extended in the event of there being no qualified candidate nominated at the expiration of the time for the delivery of such nominations.
5. Where, at the expiration of the time for the delivery of nominations in the election of a President, more than one qualified candidate is validly nominated and any of those candidates dies before the commencement of the poll in the Parliamentary election, the poll in the Parliamentary election shall be countermanded, fresh nominations of Parliamentary candidates shall take place in every constituency and a fresh election of a President shall be held in accordance with the foregoing provisions of this section.
6. Where—
   1. any candidate in an election of a President dies during the period commencing with the taking of the poll in the Parliamentary election and ending when the result of the election has been ascertained and that candidate would, but for his or her death, have been entitled to have been declared elected as President under subsection (3) of this section; or
   2. the returning officer declares in accordance with the provisions of subsection (3)(d) of this section that no candidate has been elected,

   the new National Assembly shall meet on such day (not being more than 14 days after the result of the election is ascertained or, as the case may be, the declaration that no candidate has been elected) as the Speaker shall appoint, and shall elect a person to the office of President in such manner as is prescribed by section 35(5) of this Constitution and subject thereto by or under an Act of Parliament. Such an election shall take place before the election of the Specially Elected Members of the National Assembly.

7. A person elected to the office of President under this section shall assume that office on the day upon which he or she is declared elected.
8. Without prejudice to the provisions of section 92 of this Constitution, an Elected Member of the National Assembly may, in the event of there being one or more successful election petitions following a general election, move, at the first sitting of the Assembly after the resultant by-elections have been decided and the Members thereby elected have taken their seats, that the President does not enjoy the support of the majority of the Elected Members of the Assembly; and in the voting on that question the Specially Elected Members of the Assembly shall have no vote. If it appears as a result of the voting on that question that the President does not enjoy the support of a majority of the elected Members of the Assembly, the office of President shall become vacant.
9. Any Elected Member of the Assembly may give notice to the President that he or she intends to move in the Assembly a motion under subsection (8) and notwithstanding any other provision of this Constitution the President shall not after receipt of any such notice be empowered to dissolve Parliament before the conclusion of the sitting of the Assembly mentioned in the said subsection (8).
10. If the office of President becomes vacant in accordance with subsection (8) of this section the seats of the Specially Elected Members of the Assembly shall also become vacant, and the election of a person to the office of President shall take place before the election of the Specially Elected Members.
11. In this section—
    • “Parliamentary candidate” means a candidate in the Parliamentary election;
      
      “the Parliamentary election” means the general election to elect those Members of the National Assembly who are referred to in section 58(2)(a) of this Constitution following any dissolution of Parliament;

      “Presidential candidate” means a candidate for the office of President;

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      “the returning officer” means the returning officer specified in section 38 of this Constitution.

33. Qualification for election as President

1. A person shall be qualified for election as President if, and shall not be qualified unless, he or she—
   1. is a citizen of Botswana by birth or descent;
   2. has attained the age of 30 years; and
   3. is qualified to be elected as a Member of the National Assembly.
2. Notwithstanding any other law to the contrary, for the purposes of this section and section 39—
   1. the term “citizen by birth” shall be understood to include only those persons who became citizens of Botswana prior to the amendment of the law relating to citizenship by the Cap. 01:01 Citizenship Act;
   2. any person who, although his or her father was a citizen of Botswana at the time of that person’s birth, had, by virtue of his or her having been born outside Botswana, to be registered as a citizen of Botswana, under the law relating to citizenship in force at that time, shall be regarded as a citizen by descent.

34. Tenure of office of President

1. The President shall, subject to the provisions of this section, hold office for an aggregate period not exceeding 10 years beginning from the date of his or her first assumption of office of President after the commencement of this Act.
2. The President shall cease to hold the office of President if at any time during his or her tenure of office any circumstances arise that would, if he or she were not a member of the National Assembly, cause him or her to be disqualified for election thereto.
3. The President shall cease to hold office of President at the expiry of the period prescribed under subsection (1) of this section, or when the person elected at the next election of President following a dissolution of Parliament assumes office.

35. Vacancy in office of President

1. Whenever the President dies, resigns or ceases to hold office, the Vice-President shall assume office as President with effect from the date of the death, resignation or ceasing to be President.
2. If the office of President—
   1. becomes vacant in circumstances in which there is no Vice-President; or
   2. is vacant whilst the Vice-President is absent from Botswana or is, by reason of physical or mental infirmity unable to perform the functions of his or her office,

   the functions of the office of President shall, until such time as a new President assumes office in accordance with this section or section 32 of this Constitution, be performed by such Minister as the Cabinet shall appoint. For the purposes of this subsection, a certificate of the Chief Justice that the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his or her office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court.

3. Any person performing the functions of the office of President by virtue of subsection (1) or (2) of this section shall not exercise the power of the President to revoke the appointment of Vice-President or to dissolve Parliament.
4. If the office of President becomes vacant, the National Assembly shall, unless Parliament is dissolved, and notwithstanding that it may be prorogued, meet on the seventh day after the office of President becomes vacant, or on such earlier day as may be appointed by the Speaker, and shall elect a person to the office in such manner as is prescribed by the next following subsection and, subject thereto, by or under an Act of Parliament.
5. In an election of a President under this section—
   1. the Speaker shall preside at the meeting and conduct the election;
   2. a person may be a candidate if and shall not be a candidate unless he or she has been nominated as a candidate with his or her consent prior to the sitting of the National Assembly at which the election takes place, by not less than 10 Members of the National Assembly entitled to vote in that election;
   3. at the election every Member of the Assembly except the Speaker shall be entitled to vote;
   4. the votes of the Members of the Assembly who are entitled to vote shall be given by ballot in such manner as not to disclose how any particular Member voted, and any person who receives the votes of more than one half of the total number of persons entitled to vote shall be declared elected as President;
   5. a person elected as President under this section shall assume the office of President on the day upon which he or she is declared to be elected;
   6. not more than three ballots shall be taken unless in the opinion of the Speaker the holding of further ballots is likely to result in the election of a President, in which case not more than two further ballots may be taken;
   7. only one ballot shall be taken at any sitting of the Assembly, and the Speaker may adjourn the meeting at which a second or subsequent ballot is to be taken for such number of days (in addition to the days on which and to which the meeting is adjourned), not being more than two, as he or she thinks fit;
   8. if there is no candidate duly nominated for the first ballot in accordance with paragraph (b) or if after the number of ballots permitted under paragraph (f) have been taken no candidate has been declared elected Parliament shall stand dissolved or, in the case of a Presidential election held in accordance with section 32(6) of this Constitution, the foregoing general election shall be void.
6. No business other than the election of a President shall be transacted at a meeting of the National Assembly under subsection (4) of this section or under section 32(6) of this Constitution and such a meeting or any sitting thereof shall not be regarded as a meeting or sitting of the Assembly for the purposes of any other provision of this Constitution.
7. At any time when the office of Speaker is vacant or the holder of that office is unable by reason of absence or illness to exercise the functions vested in him or her by this section and section 32(6) of this Constitution, those functions may be exercised by the Deputy Speaker of the National Assembly or, if there is no Deputy Speaker or the Deputy Speaker is unable by reason of absence or illness to exercise those functions, by such member of the Assembly (not being the President or Vice-President or a Minister or Assistant Minister) as the Assembly may elect for that purpose.

36. Discharge of functions of President during absence, illness, etc

1. Whenever the President is absent from Botswana or considers it desirable to do so by reason of illness or any other cause he or she may, by directions in writing, authorize—
   1. the Vice-President; or
   2. during any period when there is no Vice-President or the Vice-President is absent from Botswana or is, by reason of physical or mental infirmity, unable to perform the functions of his or her office, some other Minister,

   to discharge such of the functions of the office of President as he or she may specify, and the Vice-President or other Minister may discharge those functions until his or her authority is revoked by the President.

2. If the President is incapable by reason of physical or mental infirmity of discharging the functions of his or her office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform those functions—
   1. the Vice-President; or
   2. during any period when there is no Vice-President or the Vice-President is absent from Botswana or the Vice-President is, by reason of physical or mental infirmity, unable to perform the functions of his or her office, such Minister as the Cabinet shall appoint,

   shall perform the functions of the office of President.

3. A person performing the functions of the office of President under this section shall not exercise the power of the President to revoke the appointment of the Vice-President or to dissolve Parliament.
4. A person performing the functions of the office of President by virtue of subsection (2) of this section shall cease to perform those functions if he is notified by the President that the President is about to resume those functions.
5. For the purposes of this section, a certificate of the Chief Justice that—
   1. the President is incapable by reason of physical or mental infirmity of discharging the functions of his or her office and the infirmity is of such a nature that the President is unable to authorize another person under this section to perform the functions of his or her office; or
   2. the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his or her office,

   shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court:

   Provided that any such certificate as is referred to in paragraph (a) of this subsection shall cease to have effect if the President notifies any person under subsection (4) of this section that he or she is about to resume the functions of the office of President.

37. Oath of President

A person assuming the office of President shall, before entering upon the duties of that office, take and subscribe such oaths as may be prescribed by Parliament.

38. Returning officer at elections of President

1. The Chief Justice shall be the returning officer for the purposes of elections to the office of President.
2. Any question which may arise as to whether—
   1. any provision of this Constitution or any law relating to the election of a President under section 32 or 35 of this Constitution has been complied with; or
   2. any person has been validly elected as President under those sections,

   shall be referred to and determined by the returning officer whose decision shall not be questioned in any court.

39. Vice President

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.
2. The Vice-President shall continue in office until a person elected at the next election of President under section 32 or 35 of this Constitution assumes office:Provided that the office of Vice-President shall become vacant—
   1. if the appointment of the holder of the office is revoked by the President; or
   2. if the holder of the office ceases to be a Member of the National Assembly for any other reason than a dissolution of Parliament.
3. The Vice-President shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by Parliament.
4. If the Vice-President is absent from Botswana or is incapable by reason of illness or any other cause of discharging the functions of his or her office, the President may appoint a person, from among the Members of the Assembly, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President—
   1. if his or her appointment is revoked by the President;
   2. if he or she ceases to be a Member of the Assembly otherwise than by reason of a dissolution of Parliament;
   3. upon the assumption by any person of the office of President; or
   4. upon the President giving him or her notice that the Vice-President is about to resume his or her functions.
5. Where the Vice-President is performing the functions of the office of President in accordance with section 35 or 36 of this Constitution he or she may appoint a person, from among the Members of the Assembly, to perform the functions of the office of Vice-President and any person so appointed may discharge those functions accordingly:Provided that a person appointed under this subsection shall cease to perform the functions of the office of Vice-President—
   1. if his or her appointment is revoked by the Vice-President;
   2. if he or she ceases to be a Member of the Assembly otherwise than by reason of a dissolution of Parliament; or
   3. if the Vice-President ceases to perform the functions of the office of President.
6. In this section references to Members of the Assembly shall, in the event of Parliament being dissolved, be construed as references to those persons who immediately before the dissolution were Members of the Assembly.

40. Salary and allowances of President

1. The President shall receive such salary and allowances as may be prescribed by resolution of the National Assembly, which shall be a charge on the general revenues of the Republic.
2. The salary and allowances of the President shall not be altered to his or her disadvantage during his or her period of office.
3. A person who has held the office of President shall receive such pension or, upon the expiration of his or her term of office, such gratuity as may be prescribed by resolution of the National Assembly, which shall be a charge on the Consolidated Fund.

41. Protection of President in respect of legal proceedings

1. Whilst any person holds or performs the functions of the office of President no criminal proceedings shall be instituted or continued against him or her in respect of anything done or omitted to be done by him or her either in his or her official capacity or in his or her private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him or her in respect of anything done or omitted to be done in his or her private capacity.
2. Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the term of any person in the office of President shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person.

PART II. The Cabinet (ss 42-46)

42. Ministers and Assistant Ministers

1. There shall be such offices of Minister of the Government (not exceeding six or such other number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.
2. There shall be such offices of Assistant Minister (not exceeding three or such number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President.
3. Appointments to the office of Minister or Assistant Minister shall be made by the President from among Members of the National Assembly:Provided that—
   1. not more than four persons may be appointed as Minister or Assistant Minister from amongst persons who are not Members of the Assembly but are qualified for election as such; and
   2. if occasion arises for making an appointment to the office of a Minister or an Assistant Minister while Parliament is dissolved a person who was a Member of the Assembly before the dissolution may be appointed as a Minister or an Assistant Minister.

43. Tenure of office of Ministers and Assistant Ministers

The office of any Minister or Assistant Minister shall become vacant—

1. in the case of a Minister or Assistant Minister appointed from among the Members of the National Assembly, or in the case of a Minister or Assistant Minister appointed from among persons who are not Members of the Assembly who becomes a Member of the Assembly before the expiration of four months from the date of his or her appointment—
   1. if he or she ceases to be a Member of the National Assembly otherwise than by reason of a dissolution of the National Assembly; or
   2. if, at the first sitting of the Assembly after a general election, he or she is not a Member of the Assembly;
2. in the case of a Minister or Assistant Minister appointed from among persons who are not Members of the Assembly, if before the expiration of four months from the date of his or her appointment—
   1. circumstances arise (other than a dissolution of the Assembly) that, if he or she were such a Member, would cause him or her to vacate his or her seat in the Assembly; or
   2. he or she does not become a Member of the Assembly;
3. if the holder of the office is removed from office by the President;
4. upon the assumption by any person of the office of President.

44. Cabinet

1. There shall be a Cabinet which shall consist of the President, Vice-President and the Ministers.
2. There shall preside at meetings of the Cabinet—
   1. the President;
   2. in the absence of the President, the Vice-President; or
   3. in the absence of the President and the Vice-President, such Minister as the President may designate.
3. The Cabinet may act notwithstanding any vacancy in its membership.

45. Oaths to be taken by Ministers and Assistant Ministers

The Vice-President, a Minister or an Assistant Minister shall not enter upon the duties of his or her office unless he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by Parliament.

46. Secretary to the Cabinet

1. There shall be a Secretary to the Cabinet whose office shall be a public office.
2. The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him or her by the President, for arranging the business for, and keeping the minutes of, the Cabinet, for conveying decisions of the Cabinet to the appropriate person or authority, and shall have such other functions as the President may from time to time direct.

PART III. Executive Functions (ss 47-56)

47. Functions of President

1. The executive power of Botswana shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him or her either directly or through officers subordinate to him or her.
2. In the exercise of any function conferred upon him or her by this Constitution or any other law the President shall, unless it is otherwise provided, act in his or her own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.
3. Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

48. Command of armed forces

1. The supreme command of the armed forces of the Republic shall vest in the President and he or she shall hold the office of Commander in Chief.
2. The powers conferred on the President by subsection (1) of this section shall include—
   1. the power to determine the operational use of the armed forces;
   2. the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.
3. The President may, by directions in writing and subject to such conditions as he or she may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2) of this section.
4. Parliament may regulate the exercise of the powers conferred by or under this section.

49. Functions of Vice-President

The Vice-President shall be the principal assistant of the President in the discharge of his or her executive functions and shall be responsible, under the directions 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.

50. Functions of Cabinet Ministers and Assistant Ministers

1. The Cabinet shall be responsible for advising the President with respect 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—
   1. 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
   2. 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.

51. Attorney-General

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.

51A. Director of Public Prosecutions

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-
   1. 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;
   2. to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and
   3. 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.
6. In the exercise of the functions vested in him or her by subsection (3) of this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority:Provided that-
   1. where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority, and with the leave of the court; and
   2. before exercising his or her powers in relation to cases considered by the Attorney-General to be of national importance, the Director of Public Prosecutions shall consult the Attorney-General.

52. Permanent Secretaries

Where any Minister has been charged with responsibility for any department of Government, he or she shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary whose office shall be a public office.

53. Prerogative of Mercy

The President may—

1. grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;
2. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;
3. substitute a less severe form of punishment for any punishment imposed on any person for any offence; and
4. remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence.

54. Advisory Committee on Prerogative of Mercy

1. There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of—
   1. the Vice-President or a Minister appointed by the President by instrument in writing under his or her hand;
   2. the Attorney-General; and
   3. a person qualified to practise in Botswana as a medical practitioner, appointed by the President by instrument in writing under his or her hand.
2. A member of the Committee appointed under subsection (1)(a) or (c) of this section shall hold his or her seat thereon for such period as may be specified in the instrument by which he or she was appointed:Provided that his or her seat shall become vacant—
   1. in the case of a person who, at the date of his or her appointment, was the Vice-President or a Minister, if he or she ceases to be the Vice-President or a Minister; or
   2. if the President, by instrument in writing under his or her hand, so directs.
3. The Committee shall not be summoned except by the authority of the President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the President, the member of the Committee appointed under subsection (1)(a) of this section shall preside.
4. The Committee may act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings.
5. Subject to the provisions of this section, the Committee may regulate its own procedure.

55. Functions of Advisory Committee on Prerogative of Mercy

1. Where any person has been sentenced to death for any offence, the President shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he may require, to be considered at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he or she shall decide whether to exercise any of his or her powers under section 53 of this Constitution.
2. The President may consult with the Committee before deciding whether to exercise any of his or her powers under the said section 53 in any case not falling within subsection (1) of this section.

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.