B.261
Bill No. 34 of 2004
CONSTITUTION (AMENDMENT) BILL, 2004
(Published on 31 st December, 2004 )
MEMORANDUM
A draft of the above Bill, which it is intended to present to the National Assembly, is set out below.
The object of this Bill is to amend sections 77, 78 and 79 of the Constitution. The Bill further effects the transfer of certain powers and functions of the Attorney-General to the Director of Public Prosecutions, and deals with other matters relating to the Office of Attorney-General.
Clause 2 of the Bill makes a general substitution of the terms “House of Chiefs” and “the House”, wherever they appear in the Constitution, with the term "NtIo ya Dikgosi". The clause further substitutes the word “he” with the words “he or she”, the word “his” with the words “his or her”, and the word “him” with the words “him or her”, wherever they appear in the Constitution.
Clause 3 deletes paragraph (c) of subsection (3) of section .14 of the Constitution so as to remove the provision that refers to bushmen.
Clause 4 amends section 15 of the Constitution so as to add “sex” to the list of grounds on which a person should not be discriminated against. Clause 6 substitutes section 51 of the Constitution with a new section 51 which excludes from the functions of the Attorney-General those relating to prosecutions. The Attorney-General shall, as at present, be appointed by the President and shall vacate office after attaining the age of'60 years or such other age as may be prescribed, by Parliament.
Clause 7 introduces-a new section 51 which provides for the Office of Director of Public Prosecutions (DPP). The DPP will be given the powers and functions relating to prosecutions which are currently vested in the Attorney General under section 51 of the Constitution. The DPP shall be appointed by the President and his or her office shall be a public office. He or she shall be subject to the administrative supervision of the Attorney-General and shall, in terms of clause 19 which amends section 113 of the Constitution hold office for a 5 year renewable term or until he or she attains the age of 60years, whichever is the earlier. He or she 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 misbehavior or for incompetence. Clause 20 amends section 116 in consequence to protect the terminal benefits of the D.P.P. Clause 21 adds the D.P.P. to the list of specified offices in respect of whom salaries are to be set by Parliament.
Clause 8 relieves the Attorney General from being a non-voting member of Parliament and clauses 5, 17 and 19 make formal consequential amendments flowing from this.
Clause 10 substitutes the heading to Part III of Chapter V of the Constitution with a new heading “NtIo ya Dikgosi”.
_____________________________________________________
B.262
Clause 11 establishes an Ntlo ya Dikgosi for Botswana and sets out its composition and the manner in which persons will become Members of Ntlo ya Dikgosi. The clause further gives the districts of Ghanzi and Kgalagadi the option of selecting two Members each to Ntlo ya Dikgosi at the regional level, in which case, if they exercise this option, they shall not be entitled to designate any Member to Ntlo ya Dikgosi under clause 77 (1) (a).'
Clause 12 provides for the method of designating Members to Ntlo ya Dikgosi for the purpose of clause 77 (1) (a). It further provides for 20 regions in the country for the purpose of electing Members to Ntlo ya Dikgosi, as set out in the Second Schedule contained in this Bill, and for the selection of Members to Ntlo ya Dikgosi at the regional level. The clause provides for Regional Electoral Colleges for the purpose of selecting Members to Ntlo ya Dikgosi at the regional level. Such Colleges will be chaired by a senior government official appointed by the Minister responsible for local government.
Clause 13 provides for the qualifications of the Members of Ntlo ya Dikgosi. Clause 14 provides for the tenure of office of Members of Ntlo ya Dikgosi and replaces section 82 of the Constitution which presently provides for the tenure of office of Elected and specia1ly Elected Members of the House of Chiefs. Under the new arrangement, there will be no more such Members: The clause further prohibits a Member of Ntlo ya Dikgosi from participating in party politics while he or she is such a Member.
Clause 15 deletes paragraph (e) of section 83 of the Constitution which also deals with Elected and Specially Elected Members of the House of Chiefs and is no longer needed.
Clause 16 substitutes the words “Chiefs; Sub-Chiefs or Headmen” which appear in section 88(2) (a) of the Constitution with the words “Dikgosi or Dikgosana”.
Clause 18 adds the Office of DPP to the list of offices in respect of which the powers of appointment of persons thereto and removal therefrom vest in the President.
Clause 21 amends section 119 of the Constitution by replacing the words “head” and “heads” with “Organisation” and “Organisations”, respectively, so as to bring the section in line with the new Chart of Accounts recently adopted by Government.
Clause 23 amends section 127 of the Constitution by substituting the definition of “Chief” and “Sub-Chief” with those of “Kgosi” and ”Kgosana” and deletes the definition of “the House”. It further removes the Attorney-General from the list of offices from which the holder thereof shall not be required to retire from the public service by any person or authority.
P.T.C. SKELEMANI,
Minister for Presidential Affairs and Public Administration. |
