Constitution of Botswana

[5] 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.

[5] 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.

[6] 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.

[7] The constitution is divided into 9 chapters, each detailing certain areas such as individual rights and the delegation of executive powers.

[8] This section declares Botswana an independent nation as well as defines the public seal.

The rights are as follows: "(a) life, liberty, security of the person and the protection of the law; (b) freedom of conscience, of expression and of assembly and association; and (c) protection for the privacy of his or her home and other property and from deprivation of property without compensation, the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.

The President has the following requirements: (a) is a citizen of Botswana by birth or descent; (b) has attained the age of 30 years; and (c) is qualified to be elected as a Member of the National Assembly.

[8] This section describes both the National Assembly as well as the Ntlo ya Dikgosi which together create the Parliament of Botswana.

[8] In order for a person to be eligible to be a member of the Assembly they must: be a citizen of Botswana, be 18 years old, is registered to vote, and is able to speak and read in English.

The only other reason a judge would leave the high court is if the Parliament decides the person is no longer able to properly perform their duties.

As is with the High Court a person is appointed until the age of 70, barring Parliament does not find them incapable during their tenure.

It consists of the Chief Justice, the President of the Court of Appeals, the Attorney-General, the Chairman of the Public Service Commission, a member of the Law Society nominated by the Law Society, and a person of integrity and experience who is not a legal practitioner appointed by the President.

The President is allowed to appoint or remove people to or from: Ambassador, High Commissioner, Secretary to the Cabinet, Attorney-General, Director of Public Prosecutions, Permanent Secretary, Commissioner of Police, and f. any other superscale office.

Second, it states a person can be reappointed to a public servant position unless explicitly not allowed by the Constitution or a law of Parliament.

[9][10][11] In Botswana, there have been movements in order to try and establish gender quotas in the constitution, so that women are more able to win seats in the National Assembly.

[11] This is due to the county's first-past-the-post electoral system, which makes it more difficult for women of any party to win seats.

[11] Botswana's constitution is noted for being extremely gender neutral, with only one reference to sex in the entire document.

[9] The Bechuanaland Democratic party (BDP) was founded by Seretse Khama before Botswana was an independent nation, and since the country's independence the BDP has been the only party to rule, although elected through democratic elections.

[14] The constitution supports the tribal system, including the Ntlo ya Dikgosi or tribal advisory body; however, some argue that this unfairly favors powerful tribes leaving smaller tribes to be ruled by a body that does not represent their interests.

[14] Jacqueline Solway, Mpho Molomo, and Lydia Nyati-Ramahobo, among other scholars, praise the constitution of Botswana for being extremely progressive for its time in its attempt to have gender and minority equality; however, there are scholars that argue that the Constitution requires significant work in order to be equal and fair.