Bee you see kay
From Roach Busters
In the Name of God. Amen.
In the faith that the One Eternal God is the source of all
authority, wisdom, justice and morality,
and in humble acknowledgement that we and all mankind are
subject to His Laws;
[edit] Constitution of House of Assembly
39. The House of Assembly shall be composed of 120 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 the Legislature.
[edit] Elections
40. At any general election of members of the House of Assembly under this Constitution, all polls shall be taken on one and the same day in all the constituencies throughout the Republic, such day to be appointed by the State President.
[edit] Constituencies
41. Zimbezia shall be divided into as many constituencies as there are members of the House of Assembly and each of those constituencies shall return one member to the House of Assembly.
[edit] Delimitation Commission
42. (1) The Judicial Service Commission shall, at intervals of not less than five nor more than 10 years, appoint a Delimitation Commission consisting of a Chairman and not more than four other members.
(2) Notwithstanding the provisions of subsection (1) of this section, at any time when —
(a) the Legislature has made provision altering the number of seats of members in the House of Assembly; or
(b) a comprehensive national population census is held in Zimbezia, the Judicial Service Commission shall, as soon as practicable thereafter, appoint a Delimitation Commission.
(3) The Chairman of a Delimitation Commission shall be selected from among persons who hold or have held high judicial office.
(4) No person shall be qualified to be appointed as Chairman or member of a Delimitation Commission who —
(a) is or has been within the preceding five years actively engaged in politics; or
(b) is a public officer.
(5) A person shall be deemed to be actively engaged in politics or to have been so engaged during the relevant period if —
(a) he is, or was at any time during that period —
(i) the State President; or
(ii) a member of the Senate or of the House of Assembly; or
(iii) a member of a provincial executive committee or a provincial council; or
(iv) a member of a local government; or
(b) he is, or was at any time during that period, nominated as a candidate for election to —
(i) the office of State President; or
(ii) the Senate or the House of Assembly; or
(iii) a provincial executive committee or a provincial council; or
(iv) a local government;
(c) he is, or was at any time during that period, the holder of an office in any political organization that sponsors or supports, or has at any time sponsored or supported, a candidate for election as —
(i) the State President; or
(ii) a member of the Senate or of the House of Assembly; or
(iii) a member of a provincial executive committee or a provincial council; or
(iv) a member of a local government.
(6) For the purposes of subsection (4)(b), a person shall not be deemed to be a public officer by reason of holding any office for which no renumeration is paid other than payment by way of traveling or subsistence allowances or out-of-pocket expenses.
(7) The office of Chairman or other member of the Delimitation Commission shall become vacant if circumstances arise that, were he not Chairman or member of the Delimitation Commission, would disqualify him for appointment as such.
(8) If, after the appointment of the Delimitation Commission and before the Commission has submitted its report under section 43, the office of Chairman or any other member of the Commission falls vacant or the holder of the office becomes unable for any reason to discharge his functions as a member of the Commission, the Judicial Service Commission may, subject to the provisions of subsections (3) to (5) of this section, appoint another person to be a member of the Commission:
Provided that a member appointed under this section because of the inability of some other member to discharge his functions shall cease to be a member of the Commission when, in the opinion of the Judicial Service Commission, that other member is able to resume his functions as a member of the Commission.
[edit] Report of Commission
43.
(1) Whenever a Delimitation Commission has been appointed the Commission shall as soon as practicable submit to the President a report which shall state whether any alteration is necessary to the boundaries of the constituencies in order to give effect to subsection (2) of this section or in consequence of any alteration in the number of seats of Elected Members in the National Assembly and where any alteration is necessary shall include a list of the constituencies delimited by the Commission and a description of the boundaries of those constituencies.
(2) The boundaries of each constituency shall be such that the number of inhabitants thereof is as nearly equal to the population quota as is reasonably practicable:
Provided that the number of inhabitants of a constituency may be greater or less than the population quota in order to take account of natural community of interest, means of communication, geographical features, density of population, and the boundaries of Tribal Territories and administrative districts.
(3) In this section "population quota" means the number obtained by dividing the number of inhabitants of Botswana (as ascertained by reference to the latest comprehensive national population census in Botswana) by the number of constituencies into which Botswana is divided under section 63 of this Constitution.
(4) The President shall as soon as practicable after the submission of the report of the Delimitation Commission, by Proclamation published in the Gazette, declare the boundaries of the constituencies as delimited by the Commission.
(5) A Proclamation made under subsection (4) of this section shall come into force at the next dissolution of the National Assembly after it is made.
(6) The Commission may by regulation or otherwise regulate its own procedure and may, subject to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member 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:
Provided that any decision of the Commission shall require the concurrence of a majority of all its members.
(7) In the exercise of its functions under this section the Delimitation Commission shall not be subject to the direction or control of any other person or authority.
(8) A Delimitation Commission shall stand dissolved upon the date on which its report is delivered to the President.
[edit] CHAPTER I
REPUBLIC OF _____
[edit] Declaration of Republic
1. (1) _____ is a sovereign Republic.
(2) _____ shall be the seat of government of the Republic in all its functions.
[edit] Political system
2. The Republic of _____ shall be a multiparty democratic state.
[edit] Public Seal
3. (1) There shall be a Public Seal of _____ showing the coat of arms of _____ with the inscription “_____”.
(2) The Public Seal shall be used exclusively for authenticating matters of state and no person or organization, other than the Government of _____ and those persons who may be authorized in accordance with an Act of the Legislature, may use the design of the seal or any design resembling it as such person’s or organization’s emblem.
There shall be 10 states in _____, that is to say, Central, Coast, Eastern, Lakes, Midlands, Northern, Plateau, Southern, Unity, and Western
(3) The economy of _____ shall be based on private, communal and tribal ownership and free enterprise.
(4) The territory of _____ shall consist of the districts mentioned in Schedule 1, together with all other land that may lawfully be added thereto.
(5)
(6) _____ is a neutral state actively pursuing peace, security and social progress among all nations by adhering to a policy of non-alignment and refusing to participate in any military alliance. Such a status will, in particular, imply that:
(a) no foreign military base will be permitted on _____ territory;
(b) no military facilities in _____ will be allowed to be used by any foreign forces except at the request of the Government of _____, and only in the following cases:
(i) in the exercise of the inherent right of self-defense in the event of any armed violation of the area over which the Kingdom of _____ has
sovereignty; or
(ii) whenever there exists a threat to the sovereignty, independence, neutrality, unity or territorial integrity of the Kingdom of _____;
(c) except as aforesaid, no other facilities in _____ will be allowed to be used in such manner or extent as will amount to the presence in Malta of a concentration of foreign forces;
(d) except as aforesaid, no foreign military personnel will be allowed on _____ territory, other than military personnel performing, or assisting in the performance of, civil works or activities, and other than a reasonable number of military technical personnel assisting in the defense of the Kingdom of _____.
[edit] Sovereignty and guidance of Almighty God acknowledged
2. The people of the Kingdom of _____ acknowledge the sovereignty and guidance of Almighty God.
[edit] National Flag
3. There shall be a National Flag of _____ which the design shall be azure blue background, divided diagonally from top right to bottom left by a black stripe the width of which is equal to one-twelfth of the length of the flag in the top left corner a white circular shaped insert with diameter one quarter of the length of the flag and with the center point on an imaginary line bisecting this corner and the diagonal stripe. On this white insert a gold sun with twelve triangular rays.
[edit] National Anthem
4. The National Anthem of the Kingdom shall be “_____”.
[edit] Languages
5. _____ and English shall be the official languages of _____.
[edit] Supremacy of Constitution
6. (1) This Constitution shall be the supreme law of _____.
(2) Any law, passed before or after the commencement of this Constitution, which is inconsistent with the provisions of this Constitution, shall, to the extent in which such an inconsistency exists, be void.
[edit] The Legislature
[edit] PART II
THE SENATE
[edit] Constitution of Senate
17. (1) The Senate shall be composed of six Senators for each State, elected by the sitting members of the Legislative Assembly for that State.
(2) The election of Senators shall take place according to the principle of proportional representation, each voter having one transferable vote.
(3) The Senate shall be a permanent body and the term of office of a senator shall not be affected, and the seat of a senator shall not become vacant by reason of a dissolution of Parliament.
(4) One-third of the senators shall retire every second year.
(5) Subject to the provisions of section _____, the term of office of a senator shall be six years from the date of his election:
Provided that ―
(a) a person who is elected a senator to fill a casual vacancy shall be deemed to be elected to serve only for the remainder of his predecessor's term of office;
(b) a person who is elected to fill a vacancy caused by the termination of a senator's period of office by effluxion of time shall, for the purposes of this section, be deemed to have been elected on such termination.
(6) A separate election shall be held for the filling of each casual vacancy among the elected senators.
(7) In this section, the expression "casual vacancy" means a vacancy occurring otherwise than by the termination of a senator's period of office by effluxion of time.
[edit] Failure to choose senators
The Senate may proceed to the dispatch of business, notwithstanding the failure of any State to provide for its representation in the Senate.
[edit] Rotation of senators
For the purpose of securing that one-third of the senators shall retire every second year, at the first meeting of the Senate under this Constitution, the Senate shall by lot divide the senators into three classes; and the term of office of the senators of the first class shall terminate at the expiry of a period of two years, the term of office of the senators of the second class shall terminate at the expiry of a period of four years, and the term of office of the senators of the third class shall terminate at the expiry of a period of six years, from the date of election.
[edit] Qualifications of senator
No person shall be qualified to be a senator under this Constitution unless —
(a) he is a citizen of _____;
(b) he has attained the age of 30 years;
(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Assembly and is so registered;
(d) he possesses the qualifications specified in section _____;
(e) he is not subject to any of the disqualifications specified in section _____; and
(f) he has been domiciled in _____ for a period of at least five years.
[edit] Election of President of Senate
25. (1) The Senate shall, before proceeding to the dispatch of any other business, elect a person to be President of the Senate, and, whenever the office of the President of the Senate becomes vacant the Senate shall not transact any other business until a person to fill that office has been elected.
(2) The President of the Senate shall be elected in accordance with the Standing Orders, either from among the members of the Senate or the House of Assembly who are neither Ministers nor Deputy Ministers, or from among persons who are not members of the Senate or the House of Assembly:
Provided that a person who is not a member of the Senate shall not be elected President of the Senate unless he is qualified in accordance with the provisions of section twenty-three for election to the Senate.
(3) If a senator is elected as President of the Senate, he shall cease to be a senator.
(4) Before a person who has been elected as the President of the Senate enters upon the duties of his office he shall, unless he has already done so in accordance with the provisions of section _____, take and subscribe before the Senate such oath as may be prescribed by the Legislature.
[edit] Tenure of office of President of Senate
26. (1) The President of the Senate may at any time resign his office either by announcing his resignation in person to the Senate or by notice in writing to the Clerk to the Senate.
(2) The President of the Senate shall vacate his office ―
(a) upon his death; or
(b) if he becomes a Minister or a Deputy Minister; or
(c) if he is elected as a senator; or
(d) if he is elected as a member of the House of Assembly or as the Speaker; or
(e) if any circumstances arise that, if he had been a senator ―
(i) the provisions of section _____ would apply to him and his seat as a senator would become vacant; or
(ii) he would be required, by virtue of the provisions of section _____, to cease to exercise any of his functions as a senator.
(3) The office of the President of the Senate shall become vacant if the Senate, by an affirmative vote of not less than two-thirds of the total membership of the Senate, resolves that the office of the President of the Senate shall become vacant.
[edit] Deputy President of the Senate
27. (1) As soon as practicable after the election of the President of the Senate in terms of section twenty-five, the Senate shall elect a senator, not being a Minister or a Deputy Minister, to be the Deputy President of the Senate and to be chairman when the Senate is in Committee and, whenever the office of the Deputy President of the Senate becomes vacant, the Senate shall as soon as convenient elect another such senator to that office.
(2) The Deputy President of the Senate shall be elected in accordance with the Standing Orders.
(3) The Deputy President may at any time resign his office by notice in writing to the Clerk to the Senate and shall vacate his office ―
(a) upon his death; or
(b) if he ceases to be a senator; or
(c) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a senator; or
(d) if he becomes a Minister or a Deputy Minister.
[edit] Vacancy
(1) The seat of a senator shall become vacant ―
(a) upon his death; or
(b) if, by writing under his hand, addressed to the Clerk to the Senate, he resigns his seat; or
(c) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a senator; or
(d) if, without the leave of the Senate first obtained, he absents himself from the sittings of the Senate during a continuous period of three months; or
(e) upon the termination of his term of office.
(2) As often as there is a vacancy among the members elected to the Senate by a State the the Clerk to the Senate shall give notice to the Governor of the State in the representation of which the vacancy has happened that an election of a senator is required and the Governor shall require the Legislative Assembly to elect a senator as soon as may be.
[edit] Clerk to the Senate
(1) There shall be a Clerk to the Senate who shall be appointed by the President acting in accordance with the advice of the Public Service Commission.
(2) The office of the Clerk to the Senate and the offices of the members of his staff shall be public offices.
[edit] Quorum
The presence of at least one-third of the whole number of the senators shall be necessary to constitute a meeting of the Senate for the exercise of its powers.
[edit] Voting in Senate
(1) Questions arising in the Senate shall be determined by a majority of votes, and each senator shall have one vote.
(2) The President of the Senate shall have neither an original vote nor a casting vote and if upon any question before the Senate the votes are equally divided the motion shall be lost.
[edit] PART III
THE HOUSE OF REPRESENTATIVES
[edit] Constitution of House of Representatives
28. The House of Representatives shall be composed of one hundred and twenty members, each of whom shall be directly elected by the persons entitled to vote at an election of such a member in an electoral division delimited as provided in section _____.
[edit] Elections
29. At any general election of members of the House of Representatives under this Constitution, all polls shall be taken on one and the same day in all the electoral divisions throughout _____, such day to be appointed by the President.
[edit] Delimitation of electoral divisions
30. (1) At intervals of not less than five years and not more than ten years, the President shall appoint a delimitation commission consisting of three judges of the High Court of _____, which shall divide each State into so many electoral divisions that their number bears, as nearly as possible, the same ratio to one hundred and twenty as, in terms of the current voters’ lists, duly corrected up to the latest possible date, the number of voters in that State bears to the total number of voters in _____.
(2) In dividing a State into electoral divisions in terms of subsection (1) the said commission shall act in accordance with the provisions of section thirty-one.
[edit] Method of dividing States into electoral divisions
31. (1) For the purposes of any division of the States into electoral divisions, the quota of each State shall be obtained by dividing the total number of voters in the province as ascertained from an examination of the current voters’ lists by the number of members of the House of Representatives to be elected therein.
(2) Each State shall be divided into electoral divisions in such a manner that each such division shall, subject to the provisions of subsection (3), contain a number of voters as nearly as may be equal to the quota of the State.
(3) The delimitation commission shall give due consideration to ―
(a) community or diversity of interests;
(b) means of communication;
(c) physical features;
(d) boundaries of existing electoral divisions;
(e) sparsity or density of population,
in such manner that, while taking the quota of voters as the basis of division, the commission may depart therefrom whenever it is deemed necessary, but in no case to any greater extent than fifteen per cent more or fifteen per cent less than the quota.
[edit] Powers and duties of commission for delimiting electoral divisions
32. (1) A commission constituted under the provisions of section thirty shall submit to the President ―
(a) a list of electoral divisions, with the names given to them by the commission and a description of the boundaries of every such division;
(b) a map or maps showing the electoral divisions into which the States have been divided;
(c) such further particulars as it considers necessary.
(2) The President may refer to the commission for its consideration all matters relating to such list or arising out of the powers or duties of the commission.
(3) The President shall by proclamation in the Gazette make known the names and boundaries of the electoral divisions as finally settled and certified by the commission, or a majority thereof, and thereafter, until there shall be a re-division, the electoral divisions as named and defined shall be the electoral divisions of _____ in the States.
(4) If any discrepancy arises between the description of the divisions and the aforesaid map or maps, the description shall prevail.
[edit] Date from which alteration of electoral divisions takes effect
33. Any alteration in the number of members of the House of Representatives to be elected in the several States, and any re-division of the provinces into electoral divisions, shall, in respect of the election of members of the House of Representatives, come into operation at the next general election held after the completion of the re-division or of any allocation consequent upon such alteration, and not earlier.
[edit] Qualifications of members
No person shall be qualified to be a member of the House of Representatives under this Constitution unless —
(a) he is a citizen of _____;
(b) he has attained the age of 21 years;
(c) he is qualified for registration as a voter for the purposes of the election of members of the House of Representatives and is so registered;
(d) he possesses the qualifications specified in section _____;
(e) he is not subject to any of the disqualifications specified in section _____; and
(f) he has been domiciled in _____ for a period of at least five years.
[edit] Duration of House of Representatives
Every House of Representatives shall continue for five years from the first meeting thereof, and no longer, but may be sooner dissolved by the President.
[edit] Election of Speaker
(1) The House of Representatives shall, before proceeding to the dispatch of any other business, elect a person to be Speaker of the House of Representatives, and, whenever the office of the Speaker becomes vacant the House of Representatives shall not transact any other business until a person to fill that office has been elected.
(2) The Speaker shall be elected in accordance with the Standing Orders, either from among the members of the Senate or the House of Representatives who are neither Ministers nor Deputy Ministers, or from among persons who are not members of the Senate or the House of Representatives:
Provided that a person who is not a member of the House of Representatives shall not be elected Speaker unless he is qualified in accordance with the provisions of section _____ for election to the House of Representatives.
(3) If a person who is not a member of the House of Representatives is elected to the office of Speaker, that person shall, by virtue of holding that office, be a member of the House of Representatives.
(4) Before a person who has been elected as the Speaker enters upon the duties of his office he shall, unless he has already done so in accordance with the provisions of section _____, take and subscribe before the House of Representatives such oath as may be prescribed by the Legislature.
[edit] Tenure of office of Speaker
(1) The Speaker of the House of Representatives may at any time resign his office either by announcing his resignation in person to the House of Representatives or by notice in writing to the Clerk to the House of Representatives.
(2) The Speaker shall vacate his office ―
(a) upon his death; or
(b) on the dissolution of Parliament next following his election; or
(c) if he becomes a Minister or a Deputy Minister; or
(d) if he is elected as a senator or elected as the President of the Senate;
(e) if he ceases to be a member of the House of Representatives; or
(f) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a member of the House of Representatives.
(3) The office of the Speaker shall become vacant if the House of Representatives, by an affirmative vote of not less than two-thirds of the total membership of the House of Representatives, resolves that the office of the Speaker shall become vacant.
[edit] Deputy Speaker
(1) As soon as practicable after the election of the Speaker in terms of section _____, the House of Representatives shall elect a member of the House of Representatives, not being a Minister or a Deputy Minister, to be the Deputy Speaker of the House of Representatives and to be chairman when the House of Representatives is in Committee and, whenever the office of the Deputy Speaker becomes vacant otherwise than by reason of a dissolution of Parliament, the House of Representatives shall as soon as convenient elect another such member to that office.
(2) The Deputy Speaker shall be elected in accordance with the Standing Orders.
(3) The Deputy Speaker may at any time resign his office by notice in writing to the Clerk to the House of Representatives and shall vacate his office ―
(a) upon his death; or
(b) if he ceases to be a member of the House of Representatives; or
(c) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a member of the House of Representatives; or
(d) if he becomes a Minister or a Deputy Minister.
[edit] Vacancy
(1) The seat of a member of the House of Representatives shall become vacant ―
(a) upon his death; or
(b) if, by writing under his hand, addressed to the Clerk to the House of Representatives, he resigns his seat; or
(c) on the dissolution of Parliament next following his election; or
(d) if he becomes a Minister or a Deputy Minister; or
(d) if he is elected as a senator or elected as the President of the Senate;
(e) if he is required by virtue of the provisions of section _____ or _____ to cease to exercise any of his functions as a member of the House of Representatives; or
(f) if, without the leave of the House of Representatives first obtained, he absents himself from the sittings of the House of Representatives during a continuous period of three months; or
(g) upon the termination of his term of office.
(2) Whenever a vacancy happens in the House of Representatives, the Speaker shall issue his writ for the election of a new member.
[edit] Clerk to the House of Representatives
(1) There shall be a Clerk to the House of Representatives who shall be appointed by the President acting in accordance with the advice of the Public Service Commission.
(2) The office of the Clerk to the House of Representatives and the offices of the members of his staff shall be public offices.
[edit] Quorum
The presence of at least one-third of the whole number of the members of the House of Representatives shall be necessary to constitute a meeting of the House of Representatives for the exercise of its powers.
[edit] Voting in House of Representatives
Questions arising in the House of Representatives shall be determined by a majority of votes other than that of the Speaker. The Speaker shall not vote unless the numbers are equal, and then he shall have a casting vote.
[edit] CHAPTER
THE EXECUTIVE
53. The executive government of _____ in regard to all aspects of its internal and external affairs is vested in the President acting, subject to the provisions of this Chapter, on the advice of the Executive Council.
54. (1) In addition to the powers conferred by this Constitution and any other law, the President shall, as the Head of State, have such powers and functions as were, immediately before the appointed day, possessed by the Officer Administering the Government of _____ by way of prerogative.
(2) Without derogation from the generality of the powers conferred by subsection (1), the President shall, subject to the provisions of this Constitution, have power —
(a) to appoint and to accredit, to receive and to recognize ambassadors, plenipotentiaries, diplomatic representatives and other diplomatic officers, consuls and consular officers; and
(b) to enter into and to ratify international conventions, treaties and agreements; and
(c) to proclaim and to terminate martial law; and
(d) to declare war and to make peace; and
(e) to confer honors and precedence.
(3) Subject to the provisions of this Constitution and any other law by which powers and duties are conferred or imposed, the President shall do and execute all things that belong to his office according to such constitutional conventions and practices as were applicable in _____ immediately before the appointed day.
55. (1) The President —
(a) acting in his discretion in the manner prescribed in proviso (ii) to subsection (1) of section fifty-seven shall appoint a Prime Minister;
(b) acting on the advice of the Prime Minister —
(i) shall appoint other Ministers of the Government and may assign functions to such Ministers, including the administration of any Act or of any department of government; and
(ii) may appoint Deputy Ministers of any specified department of government or of such other description as the President may determine.
(2) A Deputy Minister may be appointed to exercise or perform on behalf of a Minister any of the powers, functions and duties entrusted to such Minister under any law or otherwise which may, subject to the directions of the President, be assigned to him from time to time by such Minister.
(3) A Minister or Deputy Minister appointed under paragraph (b) of subsection (1) shall hold office during the pleasure of the President and may be removed from office by the President acting on the advice of the Prime Minister.
(4) A person who holds office as a Minister or a Deputy Minister for any period of four consecutive months without also being a member of the House of Assembly or of the Senate shall cease to be a Minister or a Deputy Minister, as the case may be, at the end of that period:
Provided that if that period expires at a time when Parliament is dissolved, he shall cease to be a Minister or a Deputy Minister, as the case may be, on the day when Parliament first meets after the dissolution, unless he is —
(a) elected as a member of the House of Assembly at the general election following such dissolution; or
(b) elected or appointed as a member of the Senate immediately following that general election.
(5) A person who holds office as a Minister or a Deputy Minister and who is at no time while holding that office also a member of the House of Assembly or of the Senate shall be ineligible for reappointment as a Minister or a Deputy Minister before Parliament is next dissolved after he ceases to hold that office, unless in the meantime he has become a member of the House of Assembly or of the Senate.
(6) A Minister or a Deputy Minister may at any time by notice in writing addressed to the President and delivered to the Prime Minister resign his office.
(7) Any person appointed under this section shall, before entering upon his office, take before the President or some person authorized by the President in that behalf oaths of loyalty and for the due execution of his office in the forms set out in the First Schedule.
56. (1) To advise the President in the government of _____, there shall be an Executive Council consisting of the Prime Minister and such other persons, being Ministers, as the President, on the advice of the Prime Minister, may from time to time appoint.
(2) A member of the Executive Council shall hold office during the pleasure of the President and may be removed from office by the President, acting on the advice of the Prime Minister:
Provided that —
(i) he shall cease to hold office if he ceases to be a Minister;
(ii) he may at any time by notice in writing to the President and delivered to the Prime Minister resign his office.
(3) Any person appointed under this section shall, before entering upon his office, take before the President or some person authorized by the President in that behalf the oath of a member of the Executive Council in the form set out in the First Schedule.
57. (1) In the exercise of his functions the President shall act in accordance with the advice of the Executive Council or the appropriate Minister or the Prime Minister on behalf of the Ministers of the Government of _____, as the case may require, except where under this Constitution or any other law he is required to act in accordance with the advice of any other person or authority:
Provided that —
(i) in exercising his powers in terms of section thirty-nine the President shall, subject to the provisions of subsection (3) of that section, act in accordance with his own discretion;
(ii) in appointing a Prime Minister in terms of paragraph (a) of subsection (1) of section fifty-five the President shall appoint the person who, in his opinion, is best able to command the support of a majority of the members of the House of Assembly;
(iii) in exercising his powers in terms of subsection (2) or subsection (8) of section sixty-eight in relation to the Chief Justice the President shall act in accordance with his own discretion.
(2) Where the President is required to act in accordance with his own discretion or the advice of any specified person or authority, a court shall not, in any case, inquire into any of the following questions or matters —
(a) on whose advice the President acted;
(b) whether any advice was tendered or acted on;
(c) the nature of any advice tendered;
(d) the manner in which the President has exercised his discretion as referred to in the provisos to subsection (1).
(3) Save where expressly provided that the President shall act in accordance with his discretion, the provisions of this Constitution or any law referring to the President shall be construed as referring to the President acting on the advice of the Executive Council or other authority as provided in this Constitution or that law, as the case may be, and where he acts on the advice of any other authority by or under this Constitution or any other law, that fact may be stated in the relevant instrument but no act of the President, acting within the powers conferred upon him by or under this Constitution or any other law, shall be invalid by reason of the omission to state on whose advice he has acted.
58. The President, acting on the advice of the Prime Minister, may constitute such offices for _____ as may be lawfully constituted and, subject to the provisions of this Constitution and any other law, the President may —
(a) make appointments, to be held during pleasure, to any office so constituted; and
(b) dismiss any person so appointed or take such other disciplinary action in relation to him as the President may think fit.
(1) The Prime Minister shall have authority over the control, supervision and execution of the day-to-day functions and affairs of the Government of the United Republic.
(2) The Prime Minister shall be the Leader of Government Business in the National Assembly, shall co-ordinate the work of the Cabinet and shall advise and assist the President in the execution of the functions of Government.
(3) In the exercise of his authority, the Prime Minister shall perform or cause to be performed any matter or matters which the President directs to be done.
[edit] The States
[edit] Part I
The Executive
[edit] Governors of States
1. There shall be for each State of the Federation a Governor.
[edit] Executive power of State
2. (1) The executive power of the State shall be vested in the Governor and shall be exercised by him either directly or through offices subordinate to him in accordance with this Constitution.
(2) Nothing in this article shall —
(a) be deemed to transfer to the Governor any functions conferred by any existing law on any other authority; or
(b) prevent Parliament or the Legislative Assembly of the State from conferring by law functions on any authority subordinate to the Governor.
[edit] Appointment of Governor
3. The appointment of a person to the office of Governor shall be made by the President subject to confirmation of such appointment by the Senate.
[edit] Term of office of a Governor
4. (1) The Governor shall hold office during the pleasure of the President.
(2) The Governor may, by writing under his hand addressed to the President, resign his office.
(3) Subject to the foregoing provisions of this section, a Governor shall hold office for a term of five years from the date on which he enters upon his office:
Provided that a Governor shall, notwithstanding the expiration of his term, continue to hold office until his successor enters upon his office.
[edit] Qualifications for appointment as Governor
5. No person shall be eligible for appointment as Governor unless he is qualified to be elected as a member of the Senate.
[edit] Conditions of Governor's office
6. (1) The Governor shall not be a member of either house of Parliament or of a house of the Legislative Assembly of any State, and if a member of either house of Parliament or of a house of the Legislative Assembly of any such State be appointed Governor, he shall be deemed to have vacated his seat in that house on the date on which he enters upon his office as Governor.
(2) The Governor shall not hold any other office of profit.
(3) The Governor shall be entitled to such emoluments, allowances and privileges as may be determined by Parliament by law.
(4) The emoluments and allowances of the Governor shall not be diminished during his term of office.
[edit] Oath of office
7. Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Judge of the State, or, in his absence, the senior most Judge of the High Court of the State, such oath as may be prescribed by Parliament.
[edit] Discharge of the functions of the Governor in certain contingencies
8. The President may make such provision as he thinks fit for the discharge of the functions of the Governor of a State in any contingency not provided for in this Chapter.
[edit] Power of Governor to grant pardons, etc., and to suspend, remit or commute sentences in certain cases
9. The Governor of a State shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense against any law relating to a matter to which the executive power of the State extends.
[edit] Extent of executive power of State
10. Subject to the provisions of this Constitution, the executive power of a State shall extend to the matters with respect to which the Legislative Assembly of the State has power to make laws:
Provided that in any matter with respect of which the Legislative Assembly of a State and Parliament have power to make laws, the executive power of the State shall be subject to, and limited by, the executive power expressly conferred by this Constitution or by any law made by Parliament upon the Federation or authorities thereof.
[edit] Executive Committee to aid and advise Governor
11. There shall be an Executive Committee with the Chief Minister at the head to aid and advise the Governor in the exercise of his function, except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion.
(2) If any question arises whether any matter is or is not a matter as respects which the Governor is by or under this Constitution required to act in his discretion, the decision of the Governor in his discretion shall be final, and the validity of anything done by the Governor shall not be called in question on the ground that he ought or ought not to have acted in his discretion.
(3) The question whether any, and if so what, advice was tendered by members of the Executive Committee to the Governor shall not be inquired into in any court.
[edit] Other provisions as to members of Executive Committee
12. The Chief Minister shall be appointed by the Governor and the other members of the Executive Committee shall be appointed by the Governor on the advice of the Chief Minister, and the member of the Executive Committee shall hold office during the pleasure of the Governor.
(2) The Executive Committee shall be collectively responsible to the House of Delegates of the State.
(3) Before a member of the Executive Committee enters upon his office, the Governor shall administer to him such oath for the due execution of his office as may be prescribed by Parliament.
(4) A member of the Executive Committee who for any period of six consecutive months is not a member of the House of Delegates of the State shall at the expiration of that period cease to be a member of the Executive Committee.
(4) The salaries and allowances of members of the Executive Committee shall be such as the Legislative Assembly of the State may from time to time by law determine.
[edit] Advocate-General of the State
13. (1) The Governor of each State shall appoint a person who is qualified to be appointed a Judge of a High Court to be Advocate-General for the State.
(2) It shall be the duty of the Advocate-General to give advice to the Government of the State upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Governor, and to discharge the functions conferred on him by or under this Constitution or any other law for the time being in force.
(3) The Advocate-General shall hold office during the pleasure of the Governor, and shall receive such remuneration as the Governor may determine.
[edit] Conduct of business of the Government of a State
14. (1) All executive action of the Government of a State shall be expressed to be taken in the name of the Governor.
(2) Orders and other instruments made and executed in the name of the Governor shall be authenticated in such manner as may be specified in rules to be made by the Governor, and the validity of an order or instrument which is so authenticated shall not be called in question on the ground that it is not an order or instrument made or executed by the Governor.
(3) The Governor shall make rules for the more convenient transaction of the business of the Government of the State, and for the allocation among members of the Executive Committee of the said business in so far as it is not business with respect to which the Governor is by or under this Constitution required to act in his discretion.
[edit] Duties of Chief Minister as respects the furnishing of information to Governor, etc.
15. It shall be the duty of the Chief Minister of each State —
(a) to communicate to the Governor of the State all decision of the Executive Committee relating to the administration of the affairs of the State and proposals for legislation;
(b) to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and
(c) if the Governor so requires, to submit for the consideration of the Executive Committee any matter of which a decision has been taken by a member of the Executive Committee but which has not been considered by the Executive Committee.
[edit] Part I
The State Legislature
[edit] Constitution of Legislatures in States
16. (1) For every State there shall be a Legislature which shall consist of the Governor and the Legislative Assembly.
(2) The Legislative Assembly of a State shall consist of a Legislative Council and a House of Delegates.
[edit] Composition of the Legislative Council
17. (1) The total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the House of Delegates of that State.
(2) The Legislative Council shall consist of members directly chosen by the people of the State, voting, until Parliament otherwise provides, as one electorate.
(3) The members of the Legislative Council shall be elected on the system of proportional representation by means of the single transferable vote.
(4) No person shall be eligible for election as member of the Legislative Council unless he is qualified to be elected as a member of the Senate.
[edit] Composition of the House of Delegates
18. (1) The total number of members in the House of Delegates of a State shall be the same number of members as are elected in the State for the House of Assembly:
Provided that, in any State whose representatives in the House of Assembly shall be less than thirty in number, the House of Delegates shall consist of thirty members.
(2) Any person qualified to vote for the election of members of the provincial council shall be qualified to be a member of such council.
(3) The members of the House of Delegates shall be elected by the persons qualified to vote for the election of members of the House of Assembly in the State voting in the same electoral divisions as are delimited for the election of members of the House of Assembly:
Provided that, in any State in which less than thirty members are elected to the House of Assembly, the delimitation of the electoral divisions, and any necessary re-allocation of members or adjustment of elections, shall be effected by the same commission and on the same principles as are prescribed in regard to the electoral divisions for the House of Assembly.
(4) Any alteration in the number of members of the House of Delegates, and any re-division of the State into electoral divisions, shall come into operation at the next general election for such House of Delegates held after the completion of such re-division, or of any allocation consequent upon such alteration, and not earlier.
(5) The election shall take place at such times as the Governor shall by proclamation direct, and the provisions of section _____ applicable to the election of members of the House of Assembly shall mutatis mutandis apply to such elections.
(6) No person shall be eligible for election as member of the House of Delegates unless he is qualified to be elected as a member of the Senate.
