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Contents 1 CHAPTER ITHE REPUBLIC 1.1 Establishment of Republic of _____ 1.2 Political system 1.3 Seat of Government 1.4 Supremacy of Constitution 2 CHAPTER IINATIONAL FLAG AND ANTHEM 2.1 National Flag of Republic 2.2 Design of National Flag 2.3 National Anthem 3 CHAPTER IIIDECLARATION OF RIGHTS 3.1 Fundamental rights and freedoms of the individual 3.2 Protection of right to life 3.3 Protection of right to personal liberty 3.4 Protection from slavery and forced labor 3.5 Protection from inhuman treatment 3.6 Protection from deprivation of property 3.7 Protection for privacy of home and other property 3.8 Provisions to secure protection of law 3.9 Protection of freedom of conscience 3.10 Protection of freedom of expression and the press 3.11 Protection of freedom of assembly and association 3.12 Protection of freedom of movement 3.13 Protection from discrimination 3.14 Derogation from fundamental rights and freedoms 3.15 Public emergency 3.16 Enforcement of protective provisions 4 CHAPTER IVCITIZENSHIP 4.1 Citizenship by birth 4.2 Citizenship by registration 4.3 Citizenship by naturalization 4.4 Dual citizenship 4.5 Renunciation of citizenship 4.6 Deprivation of citizenship 4.7 Persons deemed to be ______ citizens 4.8 Power to make regulations 5 CHAPTER V 5.1 PART ITHE LEGISLATURE 5.1.1 Legislative power 5.1.2 The Parliament 5.2 PART IITHE SENATE 5.2.1 Constitution of Senate 5.2.2 Appointed senators 5.2.3 Elected senators 5.2.4 Standing committees of Senate 5.2.5 Announcing of legislation intended to be introduced in Senate 5.2.6 Dissolution of the Senate and vacation of seats by nominated senators in certain circumstances 5.2.7 Qualifications of senators 5.2.8 The Senate Legal Committee 5.2.9 Election of President of Senate 5.2.10 Tenure of office of President of Senate 5.2.11 Election of Deputy President of Senate 5.3 PART IIITHE HOUSE OF ASSEMBLY 5.3.1 Constitution of House of Assembly 5.3.2 Elections 5.3.3 Delimitation of electoral divisions 5.3.4 Method of dividing provinces into electoral divisions 5.3.5 Powers and duties of commission for delimiting electoral divisions 5.3.6 Date from which alteration of electoral divisions takes effect 5.3.7 Duration of House of Assembly 5.3.8 Writs for general election 5.3.9 Writs for vacancies 5.3.10 Qualifications of members 5.3.11 Election of Speaker 5.3.12 Tenure of office of Speaker 5.3.13 Election of Deputy Speaker 5.4 PART IVSENATE AND HOUSE OF ASSEMBLY 5.4.1 Remuneration of President of Senate and Speaker 5.4.2 Powers of Ministers and Deputy Ministers in Senate and House of Assembly 5.4.3 Vacating of seats by members 5.4.4 Tenure of seat of member of Senate or House of Assembly 5.4.5 Disqualifications from being a member of Senate or House of Assembly 5.4.6 Members sentenced to death or to imprisonment 5.4.7 Expulsion or suspension of members convicted of certain offenses 5.4.8 Penalty for sitting or voting when disqualified 5.4.9 Validity of proceedings 5.5 PART VGENERAL POWERS AND PROCEDURE 5.5.1 Power to make laws 5.5.2 Standing Orders 5.5.3 Declaration of assets and liabilities; oaths of members 5.5.4 Presiding in Parliament 5.5.5 Quorum in Parliament 5.5.6 Voting in Parliament 5.5.7 Use of languages in Parliament 5.5.8 Privileges of Parliament and members 5.5.9 Secretary to Parliament and other staff of Parliament 5.5.10 State President and other persons may address Congress 5.6 PART VIPROCEDURE IN REGARD TO BILLS 5.6.1 Introduction of Bills, motions and petitions 5.6.2 Procedure in regard to Bills 5.6.3 Disagreement between Senate and House of Assembly 5.6.4 Functions of Senate Legal Committee in regard to Bills 5.6.5 Reports of Senate Legal Committee 5.6.6 Procedure in regard to Bills where certificate of urgency is issued 5.6.7 Money Bills 5.6.8 Provisions relating to amendment of Bills 5.6.9 Assent to Bills 5.6.10 Further provisions relating to enactment of Bills 5.6.11 Enrollment of Acts 5.7 PART VIILEGISLATIVE POWERS OF THE STATE PRESIDENT 5.7.1 Power of State President to promulgate Ordinances during recess of Parliament 5.8 PART VIIISUMMONING, PROROGATION, AND DISSOLUTION 5.8.1 Sessions of Parliament 5.8.2 Prorogation and dissolution 6 CHAPTER VIHEAD OF STATE 6.1 The State President 6.2 Election of State President 6.3 Method of election 6.4 Tenure of office of State President 6.5 Acting State President 6.6 Civil List and personal staff of State President 6.7 Immunity from criminal and civil proceedings 6.8 Salary of State President 6.9 Pension payable to State President and his widow 7 CHAPTER VIIEXECUTIVE GOVERNMENT 7.1 Executive government vested in State President acting on advice of Executive Council

[edit] CHAPTER I
THE REPUBLIC

[edit] Establishment of Republic of _____

1. _____ is a sovereign Republic.

[edit] Political system

2. The Republic of _____ shall be a multiparty democratic state.

[edit] Seat of Government

3. _____ shall be the seat of Government of the Republic in all its activities.

[edit] Supremacy of Constitution

4. (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] CHAPTER II
NATIONAL FLAG AND ANTHEM

[edit] National Flag of Republic

5. There shall be a National Flag of the Republic of which the design shall be as set out in section 6.

[edit] Design of National Flag

6. The National Flag of ____ shall be rectangular in the proportion of three in the length to two in the width, tierced per bend reversed, black, white and green; the white bend reversed, which shall be one third of the width of the flag, is charged with another of red, one quarter of the width of the flag. In the upper hoist there shall be a red sun with twelve straight rays, the diameter of which shall be one third of the width of the flag, with its vertical axis one fifth of the distance from the hoist, positioned equidistant from the top edge and from the reversed bend. The rays, which shall each be two fifths of the radius of the sun, issue from the outer edge of a blue ring, which shall be one tenth of the radius of the sun.

[edit] National Anthem

7. The National Anthem of the Republic shall be “______”.

[edit] CHAPTER III
DECLARATION OF RIGHTS

[edit] Fundamental rights and freedoms of the individual

8. Whereas every person in _____ is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, color, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest to each and all of the following, namely —

(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 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.

[edit] Protection of right to life

9. (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of an offence under the law in force in _____ of which he has been convicted.

(2) A person shall not be regarded as having been deprived of his life in contravention of subsection (1) of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable —

(a) for the defense of any person from violence or for the defense of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(d) in order to prevent the commission by that person of a criminal offense, or if he dies as the result of a lawful act of war.

[edit] Protection of right to personal liberty

10. (1) No person shall be deprived of his personal liberty save as may be authorized by law in any of the following cases, that is to say —

(a) in execution of the sentence or order of a court, whether established for _____ or some other country, in respect of a criminal offense of which he has been convicted;

(b) in execution of the order of a court of record punishing him for contempt of that or another court;

(c) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;

(d) for the purpose of bringing him before a court in execution of the order of a court;

(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law in force in _____;

(f) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of 18 years;

(g) for the purpose of preventing the spread of an infectious or contagious disease;

(h) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of his care or treatment or the protection of the community;

(i) for the purpose of preventing the unlawful entry of that person into _____, or for the purpose of effecting the expulsion, extradition or other lawful removal of that person from _____, or for the purpose of restricting that person while he is being conveyed through Botswana in the course of his extradition or removal as a convicted prisoner from one country to another;

(j) to such extent as may be necessary in the execution of a lawful order requiring that person to remain within a specified area within _____ or prohibiting him from being within such an area, or to such extent as may be reasonably justifiable for the taking of proceedings against that person relating to the making of any such order, or to such extent as may be reasonably justifiable for restraining that person during any visit that he is permitted to make to any part of _____ in which, in consequence of any such order, his presence would otherwise be unlawful; or

(k) for the purpose of ensuring the safety of aircraft in flight.

(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.

(3) Any person who is arrested or detained —

(a) for the purpose of bringing him before a court in execution of the order of a court; or

(b) upon reasonable suspicion of his having committed, or being about to commit, a criminal offense under the law in force in _____, and who is not released, shall be brought as soon as is reasonably practicable before a court; and if any person arrested or detained as mentioned in paragraph (b) of this subsection is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

(4) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation therefor from that other person.

[edit] Protection from slavery and forced labor

11. (1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labor.

(3) For the purposes of this section, the expression “forced labor” does not include —

(a) any labor required in consequence of the sentence or order of a court;

(b) labor required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) any labor required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labor that that person is required by law to perform in place of such service;

(d) any labor required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labor is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

(e) any labor reasonably required as part of reasonable and normal communal or other civic obligations.

[edit] Protection from inhuman treatment

12. (1) No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the infliction of any description of punishment that was lawful in the country immediately before the coming into operation of this Constitution.

[edit] Protection from deprivation of property

13. (1) No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except where the following conditions are satisfied, that is to say —

(a) the taking of possession or acquisition is necessary or expedient —

(i) in the interests of defense, public safety, public order, public morality, public health, town and country planning or land settlement;

(ii) in order to secure the development or utilization of that, or other, property for a purpose beneficial to the community; or

(iii) in order to secure the development or utilization of the mineral resources of _____; and

(b) provision is made by a law applicable to that taking of possession or acquisition —

(i) for the prompt payment of adequate compensation; and

(ii) securing to any person having an interest in or right over the property a right of access to the High Court, either direct or on appeal from any other authority, for the determination of his interest or right, the legality of the taking of possession or acquisition of the property, interest or right, and the amount of any compensation to which he is entitled, and for the purpose of obtaining prompt payment of that compensation.

(2) No person who is entitled to compensation under this section shall be prevented from remitting, within a reasonable time after he has received any amount of that compensation, the whole of that amount (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside _____.

(3) Subsection (1)(b)(i) of this section shall be deemed to be satisfied in relation to any law applicable to the taking of possession of minerals or the acquisition of rights to minerals if that law makes provision for the payment at reasonable intervals of adequate royalties.

(4) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (2) of this section to the extent that the law in question authorizes —

(a) the attachment, by order of a court, of any amount of compensation to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party; or

(b) the imposition of reasonable restrictions on the manner in which any amount of compensation is to be remitted.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section —

(a) to the extent that the law in question makes provision for the taking of possession or acquisition of any property —

(i) in satisfaction of any tax, rate or due;

(ii) by way of penalty for breach of the law whether under civil process or after conviction of a criminal offense under the law in force in _____;

(iii) as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge or contract;

(iv) in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;

(v) in circumstances where it is reasonably necessary to do so because the property is in a dangerous state or injurious to the health of human beings, animals or plants;

(vi) in consequence of any law with respect to the limitation of actions; or

(vii) for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement (being work relating to such development or improvement that the owner or occupier of the land has been required, and has without reasonable excuse refused or failed, to carry out), and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society; or

(b) to the extent that the law in question makes provision for the taking of possession or acquisition of —

(i) enemy property;

(ii) property of a deceased person, a person of unsound mind, a person who has not attained the age of 21 years, a prodigal, or a person who is absent from _____, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;

(iii) property of a person declared to be insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property; or

(iv) property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court, or by order of a court, for the purpose of giving effect to the trust.

(6) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that the law in question makes provision for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest in or right over property, where that property, interest or right is held by a body corporate established by law for public purposes in which no moneys have been invested other than moneys provided by Parliament.

[edit] Protection for privacy of home and other property

13. (1) Except with his own consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —

(a) that is reasonably required in the interests of defense, public safety, public order, public morality, public health, town and country planning, the development and utilization of mineral resources, for the purpose of any census or in order to secure the development or utilization of any property for a purpose beneficial to the community;

(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;

(c) that authorizes an officer or agent of the Government of _____, a local government authority or a body corporate established by law for a public purpose to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, rate or duty or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, authority or body corporate, as the case may be; or

(d) that authorizes, for the purpose of enforcing the judgment or order of a court in any civil proceedings, the search of any person or property by order of a court or entry upon any premises by such order, and except so far as that provision or, as the case may be, anything done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

[edit] Provisions to secure protection of law

14. (1) If any person is charged with a criminal offense, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established or recognized by law.

(2) Every person who is charged with a criminal offense —

(a) shall be presumed to be innocent until he is proved or has pleaded guilty;

(b) shall be informed as soon as reasonably practicable, in a language that he understands and in detail, of the nature of the offense charged;

(c) shall be given adequate time and facilities for the preparation of his defense;

(d) shall be permitted to defend himself before the court in person or, at his own expense, by a legal representative of his own choice;

(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution; and

(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge, and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.

(3) When a person is tried for any criminal offense, the accused person or any person authorized by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be prescribed by law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal offense on account of any act or omission that did not, at the time it took place, constitute such an offense, and no penalty shall be imposed for any criminal offense that is severer in degree or description than the maximum penalty that might have been imposed for that offense at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal offense and either convicted or acquitted shall again be tried for that offense or for any other criminal offense of which he could have been convicted at the trial for that offense, save upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offense if he shows that he has been pardoned for that offense.

(7) No person who is tried for a criminal offense shall be compelled to give evidence at the trial.

(8) No person shall be convicted of a criminal offense unless that offense is defined and the penalty therefor is prescribed in a written law:

Provided that nothing in this subsection shall prevent a court of record from punishing any person for contempt of itself notwithstanding that the act or omission constituting the contempt is not defined in a written law and the penalty therefor is not so prescribed.

(9) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established or recognized by law and shall be independent and impartial; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within a reasonable time.

(10) Except with the agreement of all the parties thereto, all proceedings of every court and proceedings for the determination of the existence or extent of any civil right or obligation before any other adjudicating authority, including the announcement of the decision of the court or other authority, shall be held in public.

(11) Nothing in subsection (10) shall prevent the court or other adjudicating authority from excluding from the proceedings persons other than the parties thereto and their legal representatives to such extent as the court or other authority —

(a) may consider necessary or expedient in circumstances where publicity would prejudice the interests of justice or in interlocutory proceedings; or

(b) may be empowered by law to do so in the interests of defense, public safety, public order, public morality, the welfare of persons under the age of 18 years or the protection of the private lives of persons concerned in the proceedings.

(12) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of —

(a) subsection (2)(a) of this section to the extent that the law in question imposes upon any person charged with a criminal offense the burden of proving particular facts;

(b) subsection (2)(d) or (2)(e) of this section to the extent that the law in question prohibits legal representation before a subordinate court in proceedings for an offense under customary law (being proceedings against any person who, under that law, is subject to that law);

(c) subsection (2)(c) of this section to the extent that the law in question imposes reasonable conditions that must be satisfied if witnesses called to testify on behalf of an accused person are to be paid their expenses out of public funds;

(d) subsection (5) of this section to the extent that the law in question authorizes a court to try a member of a disciplined force for a criminal offense notwithstanding any trial and conviction or acquittal of that member under the disciplinary law of that force, so, however, that any court so trying such a member and convicting him shall in sentencing him to any punishment take into account any punishment awarded him under that disciplinary law;

(e) subsection (8) of this section to the extent that the law in question authorizes a court to convict a person of a criminal offense under any customary law to which, by virtue of that law, such person is subject.

(13) In the case of any person who is held in lawful detention, the provisions of subsection (1), subsection (2)(d) and (e) and subsection (3) of this section shall not apply in relation to his trial for a criminal offense under the law regulating the discipline of persons held in such detention.

(14) In this section “criminal offense” means a criminal offense under the law in force in _____.

[edit] Protection of freedom of conscience

15. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of conscience, and for the purposes of this section the said freedom includes freedom of thought and of religion, freedom to change his religion or belief, and freedom, either alone or in community with others, and both in public and in private, to manifest and propagate his religion or belief in worship, teaching, practice and observance.

(2) Every religious community shall be entitled, at its own expense, to establish and maintain places of education and to manage any place of education which it wholly maintains; and no such community shall be prevented from providing religious instruction for persons of that community in the course of any education provided at any place of education which it wholly maintains or in the course of any education which it otherwise provides.

(3) Except with his own consent (or, if he is a minor, the consent of his guardian) no person attending any place of education shall be required to receive religious instruction or to take part in or attend any religious ceremony or observance if that instruction, ceremony or observance relates to a religion other than his own.

(4) No person shall be compelled to take any oath which is contrary to his religion or belief or to take any oath in a manner which is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision which is reasonably required —

(a) in the interests of defense, public safety, public order, public morality or public health; or

(b) for the purpose of protecting the rights and freedoms of other persons, including the right to observe and practice any religion without the unsolicited intervention of members of any other religion, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

[edit] Protection of freedom of expression and the press

16. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of expression, and for the purpose of this section the said freedom includes the freedom to hold opinions and to receive and impart ideas and information without interference, freedom from interference with his correspondence, freedom to own, establish and operate any medium for the dissemination of information, ideas and opinions, and academic freedom in institutions of learning.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —

(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health; or

(b) that is reasonably required for the purpose of protecting the reputations, rights and freedoms of other persons or the private lives of persons concerned in legal proceedings, preventing the disclosure of information received in confidence, maintaining the authority and independence of the courts, regulating educational institutions in the interests of persons receiving instruction therein, or regulating the technical administration or the technical operation of telephony, telegraphy, posts, wireless, broadcasting or television; or

(c) that imposes restrictions upon public officers or members of a disciplined force, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

[edit] Protection of freedom of assembly and association

17. (1) Except with his own consent, no person shall be hindered in the enjoyment of his freedom of assembly and association, that is to say, his right to assemble freely and associate with other persons and in particular to form or belong to trade unions or other associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —

(a) that is reasonably required in the interests of defense, public safety, public order, public morality or public health;

(b) that is reasonably required for the purpose of protecting the rights or freedoms of other persons;

(c) that imposes restrictions upon public officers or members of a disciplined force; or

(d) for the registration of trade unions and associations of trade unions in a register established by or under any law, and for imposing reasonable conditions relating to the requirements for entry on such a register (including conditions as to the minimum number of persons necessary to constitute a trade union qualified for registration, or of members necessary to constitute an association of trade unions qualified for registration) and conditions whereby registration may be refused on the grounds that any other trade union already registered, or association of trade unions already registered, as the case may be, is sufficiently representative of the whole or of a substantial proportion of the interests in respect of which registration of a trade union or association of trade unions is sought, and except so far as that provision or, as the case may be, the thing done under the authority thereof is shown not to be reasonably justifiable in a democratic society.

[edit] Protection of freedom of movement

18. (1) No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout _____, the right to reside in any part of _____, the right to enter _____ and immunity from expulsion from _____.

(2) Any restriction on a person's freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section.

(3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision —

(a) for the imposition of restrictions that are reasonably required in the interests of defense, public safety, public order, public morality or public health or the imposition of restrictions on the acquisition or use by any person of land or other property in _____ and except so far as that provision or, as the case may be, the thing done under the authority thereof, is shown not to be reasonably justifiable in a democratic society;

(b) for the imposition of restrictions on the freedom of movement of any person who is not a citizen of _____;

(c) for the imposition of restrictions upon the movement or residence within _____ of public officers or members of a disciplined force; or

(d) for the removal of a person from _____ to be tried outside _____ for a criminal offense or to undergo imprisonment in some other country in execution of the sentence of a court in respect of a criminal offense under the law in force in _____ of which he has been convicted.

(4) If any person whose freedom of movement has been restricted by order under such a provision as is referred to in subsection (3)(a) of this section (other than a restriction which is applicable to persons generally or to general classes of persons) so requests at any time during the period of that restriction not earlier than six months after the order was made or six months after he last made such request, as the case may be, his case shall be reviewed by an independent and impartial tribunal presided over by a person, qualified to be enrolled as an advocate in _____, appointed by the Chief Justice.

(5) On any review by a tribunal in pursuance of this section of the case of a person whose freedom of movement has been restricted, the tribunal may make recommendations, concerning the necessity or expediency of continuing the restriction to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

[edit] Protection from discrimination

19. (1) Subject to the provisions of subsections (4), (5) and (7) of this section, no law shall make any provision that is discriminatory either of itself or in its effect.

(2) Subject to the provisions of subsections (6), (7) and (8) of this section, no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.

(3) In this section, the expression “discriminatory” means affording different treatment to different persons, attributable wholly or mainly to their respective descriptions by race, tribe, sex, place of origin, political opinions, color or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

(4) Subsection (1) of this section shall not apply to any law so far as that law makes provision —

(a) for the appropriation of public revenues or other public funds;

(b) with respect to persons who are not citizens of _____;

(c) with respect to adoption, marriage, divorce, burial, devolution of property on death or other matters of personal law;

(d) for the application in the case of members of a particular race, community or tribe of customary law with respect to any matter whether to the exclusion of any law in respect to that matter which is applicable in the case of other persons or not; or

(e) whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any disability or restriction or may be accorded any privilege or advantage which, having regard to its nature and to special circumstances pertaining to those persons or to persons of any other such description, is reasonably justifiable in a democratic society.

(5) Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) of this section to the extent that it makes reasonable provision with respect to qualifications for service as a public officer or as a member of a disciplined force or for the service of a local government authority or a body corporate established directly by any law.

(6) Subsection (2) of this section shall not apply to anything which is expressly or by necessary implication authorized to be done by any such provision of law as is referred to in subsection (4) or (5) of this section.

(7) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision whereby persons of any such description as is mentioned in subsection (3) of this section may be subjected to any restriction on the rights and freedoms guaranteed by sections 9, 11, 12, 13 and 14 of this Constitution, being such a restriction as is authorized by section 13(2), 15(5), 16(2) 17(2), or 18(3), as the case may be.

(8) Nothing in subsection (2) of this section shall affect any discretion relating to the institution, conduct or discontinuance of civil or criminal proceedings in any court that is vested in any person by or under this Constitution or any other law.

(9) Nothing contained in or done under the authority of any law shall be held to be inconsistent with the provisions of this section —

(a) if that law was in force immediately before the coming into operation of this Constitution and has continued in force at all times since the coming into operation of this Constitution; or

(b) to the extent that the law repeals and re-enacts any provision which has been contained in any written law at all times since immediately before the coming into operation of this Constitution.

[edit] Derogation from fundamental rights and freedoms

20. (1) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of section 10 or 19 of this Constitution to the extent that the law authorizes the taking during any period when _____ is at war or any period when a declaration under section 21 of this Constitution is in force, of measures that are reasonably justifiable for the purpose of dealing with the situation that exists during that period.

(2) Where a person is detained by virtue of such an authorization as is referred to in subsection (1) of this section the following provisions shall apply —

(a) he shall, as soon as reasonably practicable and in any case not more than five days after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;

(b) not more than 14 days after the commencement of his detention, a notification shall be published in the Gazette stating that he has been detained and giving particulars of the provision of law under which his detention is authorized;

(c) not more than one month after the commencement of his detention and thereafter during his detention at intervals of not more than six months, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person, qualified to be enrolled as an advocate in _____, appointed by the Chief Justice; and

(d) he shall be afforded reasonable facilities to consult and instruct, at his own expense, a legal representative and he and any such legal representative shall be permitted to make written or oral representations or both to the tribunal appointed for the review of his case.

(3) On any review by a tribunal in pursuance of this section of the case of a detained person, the tribunal may make recommendations, concerning the necessity or expediency of continuing his detention, to the authority by which it was ordered but, unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendations.

[edit] Public emergency

21. (1) Whenever in the opinion of the State President a state of public emergency is imminent or has commenced, the State President may, at any time, by proclamation which shall be published in the Gazette, declare that—

(a) a state of public emergency exists either in any part, or in the whole of _____; or

(b) a situation exists which, if it is allowed to continue, may lead to a state of public emergency in any part of or the whole of _____.

(2) The State President may issue a proclamation of a state of public emergency only when —

(a) _____ is at war;

(b) _____ is in imminent danger of invasion or involvement in a state of war; or

(c) there is actual breakdown of public order and public safety in the whole of _____ or any part thereof to such an extent as to require extraordinary measures to restore peace and security; or

(d) there is a clear and present danger of an actual breakdown of public order and public safety in the whole of _____ or any part thereof requiring extraordinary measures to avert the same; or

(e) there is an occurrence of imminent danger, or the occurrence of any disaster or natural calamity affecting the community or a section of the community in _____; or

(f) there is any other public danger which clearly constitutes a threat to the existence of _____.

(3) A declaration in terms of subsection (1), if not sooner revoked, shall cease to have effect —

(a) in the case of a declaration made when the House of Assembly is meeting for the transaction of business, at the expiration of a period of seven days beginning with the day of the publication of the proclamation in the Gazette;

(b) in any other case, at the expiration of a period of thirty days beginning with the day of the publication of the proclamation in the Gazette;

unless, before the expiration of that period, the decision is approved by a resolution of the House of Assembly supported by the votes of not less than two-thirds of the total membership of the House of Assembly:

Provided that, if Parliament is dissolved during the period of thirty days referred to in paragraph (b), the declaration, unless sooner revoked, shall cease to have effect at the expiration of a period of sixty days beginning with the day of the publication of the proclamation in the Gazette unless, before the expiration of that period, the declaration is approved by a resolution of the House of Assembly supported by the votes of not less than two-thirds of the total membership of the House of Assembly.

(4) Where a declaration in terms of subsection (1) —

(a) is not approved by a resolution passed by the House of Assembly in pursuance of the provisions of subsection (3), the State President shall forthwith after the House of Assembly has considered the resolution and failed to approve it or, if the House of Assembly has not considered the resolution, on the expiration of the appropriate period specified in subsection (3), by proclamation published in the Gazette, revoke such declaration;

(b) is approved by a resolution passed by the House of Assembly in pursuance of the provisions of subsection (3), such declaration shall, subject to the provisions of subsections (5) and (6), continue in force for a period of twelve months beginning with the day of the publication of the proclamation in the Gazette:

Provided that, where the House of Assembly has in the resolution in pursuance of the provisions of subsection (3) specified that such declaration shall continue in force for a period of less than twelve months, the State President shall, by proclamation published in the Gazette, declare that the declaration shall, subject to the provisions of subsection (5), be revoked at the expiration of the period specified in the resolution.

(5) If the House of Assembly resolves that it considers it expedient that a declaration in force in terms of this section should be continued in force for a further period not exceeding twelve months, the State President shall forthwith, by proclamation published in the Gazette, extend such declaration for such further period as may be so resolved.

(6) The House of Assembly may at any time resolve that a declaration in force under this section should be revoked and the State President shall forthwith, by proclamation published in the Gazette, revoke such declaration.

(7) During a period of public emergency, the State President may make such regulations and take such measures as appear to him to be necessary or expedient for the purpose of maintaining and securing peace, order and good government in _____ or any part thereof.

(8) Without derogating from the generality of the powers conferred by subsection (7) and notwithstanding the provisions of this Chapter, the regulations or measures may, so far as appears to the State President to be necessary or expedient for any of the purposes mentioned in that subsection —

(a) make provision for the detention of persons, the restriction of the movement of persons within defined localities, and the deportation and exclusion of persons other than citizens of _____ from _____ or any part thereof;

(b) authorize —

(i) the taking of possession or control on behalf of the Government of any property or undertaking;

(ii) the acquisition on behalf of the Government of any property other than land;

(c) authorize the entering and search of any premises;

(d) amend any law, suspend the operation of any law, and apply any law with or without modification:

Provided that such amendment, suspension or modification shall not apply to this Constitution;

(e) provide for charging, in respect of the grant of issue of any license, permit, certificate or other document for the purpose of the regulations, such fees as may be prescribed by or under the regulations;

(f) provide for payment of compensation and remuneration to persons affected by the regulations;

(g) provide for the apprehension, trial and punishment of persons offending against the regulations;

(h) provide for maintaining such supplies and services as are, in the opinion of the State President, essential to the life and well-being of the community:

Provided that nothing in this subsection shall authorize the making of regulations during a period of public emergency for the trial of persons who are not members of a disciplined force by military courts.

(9) The payment of any compensation or remuneration under the provisions of such regulations shall be a charge upon the Consolidated Revenue Fund.

(10) Regulations made under this section shall apply to the whole of _____ or to such parts thereof as may be specified in the regulations.

(11) Regulations made under this section may provide for empowering such authorities or persons as may be specified in the regulations to make orders and rules for any of the purposes for which the regulations are authorized by this Constitution to be necessary or expedient for the purposes of the regulations.

(12)(a) Every regulation or measure taken under this section and every order or rule made in pursuance of such a regulation shall, without prejudice to the validity of anything lawfully done thereunder, cease to have effect ninety days from the date upon which it comes into operation unless before the expiration of the period, it has been approved by resolution passed by the House of Assembly.

(b) Any such regulation, order or rule may, without prejudice to the validity of anything lawfully done thereunder at any time be amended or revoked by the State President.

(13) Subject to the provisions of subsection (4) of section 14, every regulation made under this section and every order or rule made in pursuance of such a regulation shall have effect notwithstanding anything inconsistent therewith contained in any law; and any provision of a law which is inconsistent with any such regulation, order or rule shall, whether that provision has or has not been amended, modified or suspended in its operation under any Act, cease to have effect to the extent that such regulation, order or rule remains in force.

(14) During a period of detention —

(a) if any person who is detained in such a case as is mentioned in paragraph (a) of subsection (8) and who is not released so requests at any time not earlier than thirty days after he last made such a request during that period, his case shall be reviewed by an independent and impartial tribunal established by law and presided over by a person, qualified to be enrolled as an advocate in _____, appointed by the Chief Justice;

(b) on any review by a tribunal in pursuance of paragraph (a) of the case of any detained person, the tribunal may make recommendations concerning the necessity or expediency of continuing his detention to the authority by whom it was ordered, but unless it is otherwise provided by law, that authority shall not be obliged to act in accordance with any such recommendation.

(15) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorizes the taking during a period of a state of public emergency of measures that are reasonably justifiable for the purpose of dealing with the situation that exists immediately before and during that period of a state of public emergency.

(16) For the purposes of this section the House of Assembly shall be regarded as meeting for the transaction of business during a period —

(a) beginning on the day the House of Assembly first meets after a prorogation or an adjournment in pursuance of the passing of a resolution such as is referred to in paragraph (b) and;

(b) ending on the day the House of Assembly next adjourns in pursuance of a resolution the purpose of which is that the House of Assembly shall stand adjourned for more than thirty days or on the day the House of Assembly is dissolved or prorogued, whichever is the sooner.

[edit] Enforcement of protective provisions

22. (1) Subject to the provisions of subsection (5) of this section, if any person alleges that any of the provisions of sections 8 to 20 (inclusive) of this Constitution has been, is being or is likely to be contravened in relation to him, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the High Court for redress.

(2) The High Court shall have original jurisdiction —

(a) to hear and determine any application made by any person in pursuance of subsection (1) of this section; or

(b) to determine any question arising in the case of any person which is referred to it in pursuance of subsection (3) of this section, and may make such orders, issue such writs and give such direction as it may consider appropriate for the purpose of enforcing or securing the enforcement of any of the provisions of sections 8 to 20 (inclusive) of this Constitution.

(3) If in any proceedings in any subordinate court any question arises as to the contravention of any of the provisions of sections 8 to 20 (inclusive) of this Constitution, the person presiding in that court may, and shall if any party to the proceedings so requests, refer the question to the High Court unless, in his opinion, the raising of the question is merely frivolous or vexatious.

(4) The Legislature may confer upon the High Court such powers in addition to those conferred by this section as may appear to be necessary or desirable for the purpose of enabling that court more effectively to exercise the jurisdiction conferred upon it by this section.

(5) Rules of court making provision with respect to the practice and procedure of the High Court for the purposes of this section may be made by the person or authority for the time being having power to make rules of court with respect to the practice and procedure of that court generally.

[edit] CHAPTER IV
CITIZENSHIP

[edit] Citizenship by birth

23. (1) The following persons are citizens of _____ by birth ― namely ―

(a) every person born in _____ before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to _____;

Provided that a person shall not become a citizen of _____ by virtue of this section if neither of his parents nor any of his grandparents was born in ______.

(b) every person born in ______ after the date of independence either of whose parents or any of whose grandparents is a citizen of ______; and

(c) every person born outside ______ either of whose parents is a citizen of ______.

(2) In this section, “the date of independence” means the 1st day of October 1960.

[edit] Citizenship by registration

24. (1) Subject to the provisions of section 26 of this Constitution, a person to whom the provisions of this section apply may be registered as a citizen of _____, if the State President is satisfied that ―

(a) he is a person of good character;

(b) he has shown a clear intention of his desire to be domiciled in _____; and

(c) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution.

(2) The provisions of this section shall apply to ―

(a) any woman who is or has been married to a citizen of ______; or

(b) every person of full age and capacity born outside ______ any of whose grandparents is a citizen of _____.

[edit] Citizenship by naturalization

25. (1) Subject to the provisions of section 26 of this Constitution, any person who is qualified in accordance with the provisions of this section may apply to the State President for the same of a certificate of naturalization.

(2) No person shall be qualified to apply for the grant of a certificate or naturalization, unless he satisfies the State President that ―

(a) he is a person of full age and capacity;

(b) he is a person of good character;

(c) he has shown a clear intention of his desire to be domiciled in _____;

(d) he is, in the opinion of the administrator of the province where he is or he proposes to be resident, acceptable to the local community in which he is to live permanently, and has been assimilated into the way of life of _____ in that part of the Republic;

(e) he is a person who has made or is capable of making useful contribution to the advancement, progress and well-being of _____;

(f) he has taken the Oath of Allegiance prescribed in the Seventh Schedule to this Constitution; and

(g) he has, immediately preceding the date of his application, either ―

(i) resided in _____ for a continuous period of fifteen years; or

(ii) resided in ______ continuously for a period of twelve months, and during the period of twenty years immediately preceding that period of twelve months has resided in _____ for periods amounting in the aggregate to not less than fifteen years.

[edit] Dual citizenship

26. (1) Subject to the other provisions of this section, a person shall forfeit forthwith his _____ citizenship if, not being a citizen of _____ by birth, he acquires or retains the citizenship or nationality of a country, other than _____, of which he is not a citizen by birth.

(2) Any registration of a person as a citizen of _____ or the grant of a certificate of naturalization to a person who is a citizen of a country other than ______ at the time of such registration or grant shall, if he is not a citizen by birth of that other country, be conditional upon effective renunciation of the citizenship or nationality of that other country within a period of not more than five months from the date of such registration or grant.

[edit] Renunciation of citizenship

27. (1) Any citizen of _____ of full age who wishes to renounce his _____ citizenship shall make a declaration in the prescribed manner for the renunciation.

(2) The State President shall cause the declaration made under subsection (1) of this section to be registered and upon such registration, the person who made the declaration shall cease to be a citizen of _____.

(3) The State President may withhold the registration of any declaration made under subsection (1) of this section if ―

(a) the declaration is made during any war in which _____ is physically involved; or

(b) in his opinion, it is otherwise contrary to public policy.

(4) For the purposes of subsection (1) of this section ―

(a) “full age” means the age of twenty-one years and above;

(b) any woman who is married shall be deemed to be of full age.

[edit] Deprivation of citizenship

28. (1) The State President may deprive a person, other than a person who is a citizen of _____ by birth or by registration, of his citizenship, if he is satisfied that such a person has, within a period of seven years after becoming naturalized, been sentenced to imprisonment for a term of not less than three years.

(2) The State President shall deprive a person, other than a person who is citizen of _____ by birth, of his citizenship, if he is satisfied from the records of proceedings of a court of law or other tribunal or after due inquiry in accordance with regulations made by him, that ―

(a) the person has shown himself by act or speech to be disloyal towards the Republic of _____; or

(b) the person has, during any war in which _____ was engaged, unlawfully traded with the enemy or been engaged in or associated with any business that was in the opinion of the State President carried on in such a manner as to assist the enemy of ______ in that war, or unlawfully communicated with such enemy to the detriment of or with intent to cause damage to the interest of _____.

[edit] Persons deemed to be ______ citizens

29. For the purposes of this Chapter, a parent or grandparent of a person shall be deemed to be a citizen of _____ if at the time of the birth of that person such parent or grandparent would have possessed that status by birth if he had been alive on the date of independence; and in this section, “the date of independence” has the meaning assigned to it in section 23(2) of this Constitution.

[edit] Power to make regulations

30. (1) The State President may make regulations, not inconsistent with this Chapter, prescribing all matters which are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the provisions of this Chapter, and for granting special immigrant status with full residential rights to non-_____ spouses of citizens of _____ who do not wish to acquire ______ citizenship.

(2) Any regulations made by the State President pursuant to the provisions of this section shall be laid before the Legislature.

[edit] CHAPTER V

[edit] PART I
THE LEGISLATURE

[edit] Legislative power

31. The legislative power of _____ shall be vested in the Legislature which shall consist of the State President and the Parliament.

[edit] The Parliament

32. The Parliament of _____ shall consist of a Senate and a House of Assembly.

[edit] PART II
THE SENATE

[edit] Constitution of Senate

33. (1) The Senate shall consist of ―

(a) ten senators appointed by the State President of whom two shall be appointed from each province; and

(b) so many senators, but not less than ten, in the case of each province as are equal to one-tenth of the number of the electoral divisions into which that province has at the last delimitation under this Constitution, for the election of members of the House of Assembly been divided, together with the electoral divisions into which that province has been so divided for the election of provincial councillors.

(2) Where in the case of any province the figure to be divided by ten for the purpose of determining the number of senators to be elected in respect of that province in terms of subsection (1)(b) is not a multiple of ten, that figure shall for the said purpose be assumed to be the lowest multiple of ten above the said figure.

(3) The senators referred to in subsection (1)(b) shall in the case of each province be elected jointly by the members of the provincial council of such province together with the members of the House of Assembly elected for such province.

[edit] Appointed senators

34. (1) The senators appointed by the State President in terms of section 33(1)(a) shall, subject to the provisions of section 38, hold their seats for five years.

(2) The State President shall when appointing senators have regard to the desirability of ensuring that the Senate will as far as practicable consist of persons having knowledge of matters affecting the various interests of the inhabitants of the Republic.

(3) If the seat of a senator so appointed becomes vacant, the State President shall appoint another person to hold the seat until the completion of the period for which the person in whose stead he is appointed, would have held the seat.

(4) If there are no elected senators with the legal qualifications referred to in section 40(3) or the number of elected senators with such legal qualifications is not sufficient for the purposes of that section, the State President shall appoint, in terms of section 33(1)(a), as senators one or more persons who have such legal qualifications as may be required for the purposes of section 40(3).

[edit] Elected senators

35. (1) The senators elected under section 33(1)(b) shall hold their seats for five years unless the Senate be sooner dissolved.

(2) If the seat of an elected senator becomes vacant, the the members of the provincial council of the province, together with the members of the House of Assembly elected for such province, shall elect a person to hold the seat until the completion of the period for which the person in whose stead he is elected, would have held the seat.

(3) The election of senators shall take place according to the principle of proportional representation, each voter having one transferable vote.

(4) The State President may make regulations in regard to the election of senators under this Constitution, including regulations prescribing the method of voting and of transferring and counting votes and the duties of returning officers in connection with such elections.

[edit] Standing committees of Senate

36. The Senate may from time to time establish standing committees as it may deem fit, and any Minister or Deputy Minister may at any time with due regard to the Standing Orders of the Senate, move that any matter be referred to such a committee for investigation and report.

[edit] Announcing of legislation intended to be introduced in Senate

37. The Prime Minister or any Minister acting on his behalf shall at the commencement of each session and may from time to time during the course of any session of Parliament as circumstances may require, make known what bills are to be introduced in the Senate during that session.

[edit] Dissolution of the Senate and vacation of seats by nominated senators in certain circumstances

38. (1) Notwithstanding anything contained in this Constitution or any other law the State President may ―

(a) at any time by proclamation in the Gazette dissolve the Senate simultaneously with the House of Assembly;

(b) dissolve the Senate at any time within one hundred and twenty days of any dissolution of the House of Assembly or the expiry of the term of office of a provincial council under section _____.

(2) Upon any such dissolution of the Senate all the members of the Senate shall vacate their seats.

(3) Any senator appointed in terms of section 33(1)(a) of this Constitution shall, subject to the provisions of this Constitution and any other law, vacate his seat if the Prime Minister vacates his office and another person becomes Prime Minister and the State President publishes a notice in the Gazette that a change of Government has occurred.

[edit] Qualifications of senators

39. 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 has been domiciled in _____ for a period of at least five years.

[edit] The Senate Legal Committee

40. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section 41 and the election of the Deputy President of the Senate in terms of section 43 the President of the Senate shall, subject to the provisions of this section, appoint a committee to be known as the Senate Legal Committee.

(2) The Senate Legal Committee shall consist of such number of senators as the State President may determine and the State President may, at any time after the appointment of the Senate Legal Committee, direct that the membership thereof shall be increased or decreased, as the case may be, by such number as he may specify:

Provided that at no time shall the Senate Legal Committee consist of less than three members.

(3) A majority of the members of the Senate Legal Committee shall consist of persons holding such legal qualifications as may be prescribed by a law of the Legislature for the purposes of this section.

[edit] Election of President of Senate

41. (1) At such time on such day as may be fixed by the Secretary to Parliament, being a day not later than the day fixed in terms of section _____ for the first meeting of Parliament after a general election, and, before the Senate proceeds to the dispatch of any other business, the Senate shall elect a person to be the President of the Senate and, whenever the office of the President of the Senate becomes vacant otherwise than by reason of the dissolution of Parliament, 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 possesses the qualifications and none of the disqualifications for election as a senator.

(3) 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 69, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the Senate.

[edit] Tenure of office of President of Senate

42. (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 Secretary to Parliament.

(2) The President of the Senate shall vacate his office ―

(a) on the dissolution of Parliament next following his election; or

(b) if he becomes a Minister or a Deputy Minister; or

(c) if he is elected or appointed 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 61(1) 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 63, 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.

(4) Any function of the President of the Senate which is required to be performed on the polling day after a dissolution of Parliament or between that day and the day when the Senate first meets thereafter shall be performed by the person who was the President of the Senate immediately before that polling day:

Provided that if at any time after the dissolution of Parliament the person who was the President of the Senate immediately before such dissolution relinquishes the functions of that office by notice in writing to the State President or is for any reason unable to perform them, those functions shall be performed by the Secretary to Parliament or by some other person appointed by the State President in that behalf.

[edit] Election of Deputy President of Senate

43. (1) After a general election and as soon as practicable after the election of the President of the Senate in terms of section 41, 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 otherwise than by reason of a dissolution of Parliament, 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 Secretary to Parliament and shall vacate his office ―

(a) if he ceases to be a senator; or

(b) if he is required by virtue of the provisions of section 63 or 64 to cease to exercise any of his functions as a senator; or

(c) if he becomes a Minister or a Deputy Minister.

[edit] PART III
THE HOUSE OF ASSEMBLY

[edit] Constitution of House of Assembly

44. The House of Assembly 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 46.

[edit] Elections

46. 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 electoral divisions throughout the Republic, such day to be appointed by the State President.

[edit] Delimitation of electoral divisions

47. (1) At intervals of not less than five years and not more than ten years, the State President shall appoint a delimitation commission consisting of three judges of the High Court, which shall divide each province 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 province bears to the total number of voters in the Republic.

(2) In dividing a province into electoral divisions in terms of subsection (1) the said commission shall act in accordance with the provisions of section 48.

[edit] Method of dividing provinces into electoral divisions

48. (1) For the purposes of any division of the provinces into electoral divisions, the quota of each province 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 Assembly to be elected therein.

(2) Each province 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 province.

(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

49. (1) A commission constituted under the provisions of section 47 shall submit to the State 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 provinces have been divided;

(c) such further particulars as it considers necessary.

(2) The State 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 State 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 provinces.

(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

50. Any alteration in the number of members of the House of Assembly to be elected in the several provinces, and any re-division of the provinces into electoral divisions, shall, in respect of the election of members of the House of Assembly, 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] Duration of House of Assembly

51. The House of Assembly shall, unless sooner dissolved, continue for a term of five years from the day of its first meeting and shall stand dissolved at the expiration of its term.

[edit] Writs for general election

52. (1) The State President may cause writs to be issued for general elections of members of the House of Assembly.

(2) After the first general election, the writs shall be issued within ten days from the expiry of a House of Assembly or from the proclamation of a dissolution thereof.

[edit] Writs for vacancies

53. Whenever a vacancy happens in the House of Assembly, the Speaker shall issue his writ for the election of a new member, or if there is no Speaker or if he is absent from _____ the State President may issue the writ.

[edit] Qualifications of members

54. No person shall be qualified to be a member of the House of Assembly 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 Assembly and is so registered; and

(d) he has been domiciled in _____ for a period of at least five years.

[edit] Election of Speaker

55. (1) At such time on such day as may be fixed by the Secretary to Parliament, being a day not later than the day fixed in terms of section _____ for the first meeting of Parliament after a general election, and, before the House of Assembly proceeds to the dispatch of any other business, the House of Assembly shall elect a person to be the Speaker and, whenever the office of the Speaker becomes vacant otherwise than by reason of the dissolution of Parliament, the House of Assembly 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 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 House of Assembly shall not be elected Speaker unless he possesses the qualifications and none of the disqualifications for election as a member of the House of Assembly.

(3) 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 69, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the House of Assembly.

[edit] Tenure of office of Speaker

56. (1) The Speaker may at any time resign his office either by announcing his resignation in person to the House of Assembly or by notice in writing to the Secretary to Parliament.

(2) The Speaker shall vacate his office ―

(a) on the dissolution of Parliament next following his election; or

(b) if he becomes a Minister or a Deputy Minister; or

(c) if he is elected or appointed as a senator or elected as the President of the Senate; or

(d) if he is elected as a member of the House of Assembly; or

(e) if any circumstances arise that, if he had been a member of the House of Assembly ―

(i) the provisions of section 61(1) would apply to him and his seat as a member would become vacant; or

(ii) he would be required, by virtue of the provisions of section 63, to cease to exercise any of his functions as a member.

(3) The office of the Speaker shall become vacant if the House of Assembly, by an affirmative vote of not less than two-thirds of the total membership of the House of Assembly, resolves that the office of the Speaker shall become vacant.

(4) Any function of the Speaker which is required to be performed on the polling day after a dissolution of Parliament or between that day and the day when the House of Assembly first meets thereafter shall be performed by the person who was the Speaker immediately before that polling day:

Provided that if at any time after the dissolution of Parliament the person who was the Speaker immediately before such dissolution relinquishes the functions of that office by notice in writing to the State President or is for any reason unable to perform them, those functions shall be performed by the Secretary to Parliament or by some other person appointed by the State President in that behalf.

[edit] Election of Deputy Speaker

57. (1) After a general election and as soon as practicable after the election of the Speaker in terms of section 55, the House of Assembly shall elect a member of the House of Assembly, not being a Minister or a Deputy Minister, to be the Deputy Speaker and to be chairman when the House of Assembly 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 Assembly 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 Secretary to Parliament and shall vacate his office ―

(a) if he ceases to be a member of the House of Assembly; or

(b) if he is required by virtue of the provisions of section 63 or 64 to cease to exercise any of his functions as a member of the House of Assembly; or

(c) if he becomes a Minister or a Deputy Minister.

[edit] PART IV
SENATE AND HOUSE OF ASSEMBLY

[edit] Remuneration of President of Senate and Speaker

58. (1) There shall be charged upon and paid out of the Consolidated Revenue Fund to the President of the Senate and to the Speaker such salaries as may be prescribed from time to time by a law of the Legislature and such allowances as may be prescribed by or under any such law.

(2) The salary of the President of the Senate or of the Speaker shall not be reduced during his continuance in office.

(3) A person who was the President of the Senate or the Speaker immediately before a dissolution of Parliament shall continue to receive the salary and allowances of the President of the Senate or the Speaker, as the case may be, until such time as the Senate or the House of Assembly, respectively, first meets after the dissolution or until he ceases to perform the functions of ―

(a) the President of the Senate in the circumstances referred to in section 42(4); or

(b) the Speaker in the circumstances referred to in section 56(4);

as the case may be.

[edit] Powers of Ministers and Deputy Ministers in Senate and House of Assembly

59. A Minister or Deputy Minister who is a member of the Senate or the House of Assembly shall have the right to sit and speak both in the Senate and in the House of Assembly but shall vote only in the House of which he is a member.

[edit] Vacating of seats by members

60. (1) A member of the Senate who is elected as a member of the House of Assembly or as the Speaker shall vacate his seat as a senator with effect from the date on which he becomes a member of the House of Assembly or is elected as the Speaker, as the case may be.

(2) A member of the House of Assembly who is elected or appointed as a member of the Senate or elected as the President of the Senate shall vacate his seat as a member of the House of Assembly with effect from the day on which he becomes a member of the Senate or is elected as the President of the Senate, as the case may be.

[edit] Tenure of seat of member of Senate or House of Assembly

61. (1) The seat of a member of the Senate or the House of Assembly shall become vacant —

(a) on the dissolution of Parliament next following his election or appointment; or

(b) if he resigns his seat by notice in writing to the President of the Senate or the Speaker, as the case may be, or, in the case of the death, incapacity or absence from _____ of the President of the Senate or the Speaker, to the Secretary to Parliament; or

(c) if he is absent from twenty-one consecutive sittings during any session without the leave of the Senate or the House of Assembly, as the case may be, and the Senate or the House of Assembly has resolved by a majority of the total membership of the Senate or the House of Assembly that the seat shall become vacant; or

(d) if he is elected as the President of the Senate or the Speaker; or

(e) if he accepts any public office; or

(f) if he ceases to be qualified for election to the Senate or the House of Assembly, as the case may be; or

(g) if he becomes subject to any of the disabilities mentioned in section 62;

(h) in the circumstances set out in section 63; or

(i) if he is required, by virtue of the provisions of section 64, to vacate his seat.

(2) The resignation of a member of the Senate or the House of Assembly shall not become effective to render the seat of that member vacant under the provisions of subsection (1)(b) in any case in which —

(a) proceedings are pending in respect of that member's election, if it is alleged that illegal or corrupt practices took place at such election; or

(b) proceedings in the Senate or the House of Assembly, as the case may be, are contemplated or pending in respect of that member's conduct in or as a member of the Senate or the House of Assembly;

unless the Senate or the House of Assembly, as the case may be, by resolution accepts the resignation.

(3) For the purposes of subsection (1)(e), a person shall not be deemed to have accepted a public office by reason of —

(a) accepting appointment as a Minister or a Deputy Minister; or

(b) holding any office for which no renumeration is paid other than payment by way of traveling or subsistence allowances or out-of-pocket expenses.

[edit] Disqualifications from being a member of Senate or House of Assembly

62. (1) No person shall be capable of being elected or of sitting as a member of the Senate or the House of Assembly, if —

(a) subject to the provisions of section 26 of this Constitution, he has voluntarily acquired the citizenship of a country other than _____ or, except in such cases as may be prescribed by the Legislature, has made a declaration of allegiance to such a country; or

(b) he is an unrehabilitated insolvent; or

(c) he is of unsound mind, and has been so declared by a competent court; or

(d) within a period of less than 10 years before the date of an election to a legislative house, he has been convicted and sentenced for an offence involving dishonesty or he has been found guilty of a contravention of the Code of Conduct; or

(e) he is a member of a secret society; or

(f) he has been indicted for embezzlement or fraud by Judicial Commission of Inquiry or an Administrative Panel of Inquiry or a Tribunal set up under the Tribunals of Inquiry Act, a Tribunals of Inquiry Law or any other law.

[edit] Members sentenced to death or to imprisonment

63. (1) In the event of a member of the Senate or the House of Assembly being convicted —

(a) within _____ of a criminal offense; or

(b) outside _____ of an offense, by whatever name called, which if committed in _____ would have been a criminal offense;

and being sentenced by a court to death or imprisonment, by whatever name called, for a term of six months or more, such member shall cease forthwith to exercise his functions or to be entitled to any renumeration as a member and, subject to the other provisions of this section, his seat shall become vacant at the expiration of thirty days from the date of such sentence.

(2) When during the period of thirty days referred to in subsection (1), an application for a free pardon is made or an appeal is filed, the question whether the member is to vacate his seat shall not be determined until the final disposal of such application or appeal, whereupon the member shall forthwith vacate his seat unless —

(a) he is granted a free pardon; or

(b) his conviction is set aside; or

(c) his sentence is reduced to a term of imprisonment of less than six months; or

(d) a punishment other than imprisonment is substituted.

(3) Where as a consequence of the final disposal of the application or appeal of the member, his conviction or sentence is varied in any manner specified in paragraphs (a) to (d) of subsection (2), the member shall not vacate his seat, unless he has previously resigned, but shall be entitled to resume his functions as a member and to receive renumeration as such for the period during which he ceased to exercise his functions as a member by reason of the other provisions of this section.

(4) For the purposes of this section —

(a) two or more sentences of imprisonment that are required to be served consecutively shall be regarded as a single term of imprisonment for the aggregate period of those terms;

(b) two or more sentences of imprisonment that are required to be served concurrently shall be regarded as a single term of imprisonment for the period of the longest of such terms;

(c) a person shall be regarded as sentenced notwithstanding that the execution of the sentence or any part thereof has been suspended;

(d) no account shall be taken of any sentence of imprisonment imposed as an alternative to, or in default of, the payment of a fine.

[edit] Expulsion or suspension of members convicted of certain offenses

64. (1) If —

(a) a member of the Senate or the House of Assembly is convicted of an offense described in section 63(1) and is sentenced to imprisonment for a lesser period than that specified in that subsection or to a fine or other punishment not specified in that subsection; and

(b) the Senate or the House of Assembly, as the case may be, after taking into account the nature of the offense and the sentence imposed, resolves by the affirmative votes of not less than two-thirds of its total membership that the member is unfit to continue as a member or that the member should be suspended from the service of the Senate or the House of Assembly, as the case may be, for such period, not exceeding six months, as the Senate or the House of Assembly may specify;

the member shall forthwith vacate his seat or, as the case may be, be suspended from the service of the Senate or the House of Assembly, as the case may be, for the period so specified.

(2) A member of the Senate or the House of Assembly who is suspended from the service of the Senate or the House of Assembly in terms of subsection (1) shall not exercise his functions and shall not be entitled to any renumeration as a member during the period of his suspension.

[edit] Penalty for sitting or voting when disqualified

65. If any person who is by law incapable of sitting as a senator or member of the House of Assembly shall, while so disqualified and knowing or having reasonable grounds for knowing that he is so disqualified, sit or vote as a member of the Senate or the House of Assembly, he shall be liable to a penalty of five hundred dollars for each day on which he shall so sit or vote, to be recovered on behalf of the Consolidated Revenue Fund by action of the High Court.

[edit] Validity of proceedings

66. Subject to the provisions of section 71, the Senate or the House of Assembly shall not be disqualified for the transaction of business by reason of any vacancy among the members thereof, including any vacancy not filled when the Senate or the House of Assembly is reconstituted at any time or when a member is suspended in terms of section 63 or 64 and any proceedings therein shall be valid notwithstanding that some person who was not entitled so to do sat or voted in the Senate or the House of Assembly or otherwise took part in the proceedings.

[edit] PART V
GENERAL POWERS AND PROCEDURE

[edit] Power to make laws

67. (1) The Legislature shall, subject to the provisions of section 4, have full power to make laws, to be entitled “Acts”, for the peace, order and good government of _____.

(2) The powers of the Legislature shall extend to the making of laws having extra-territorial operation.

[edit] Standing Orders

68. Subject to the provisions of this Constitution, the Senate and the House of Assembly may, jointly or severally as may be appropriate, make Standing Orders with respect to —

(a) the passing, instituting, and numbering of Bills;

(b) the notification to the State President of any vacancy in the membership of the Senate or the House of Assembly;

(c) any manner in connection with which Standing Orders may be made in terms of this Constitution;

and, generally, with respect to the regulation and orderly conduct of proceedings and business in and between the Senate and the House of Assembly.

[edit] Declaration of assets and liabilities; oaths of members

69. Every member of the Senate or the House of Assembly shall, before taking his seat, declare his assets and liabilities as prescribed in this Constitution and subsequently take and subscribe the Oath of Allegiance and the oath of membership as prescribed in the Seventh Schedule to this Constitution before the President of the Senate or, as the case may be, the Speaker.

[edit] Presiding in Parliament

70. (1) The President of the Senate or, when he is unable to act, the Deputy President of the Senate or, when they are both unable to act, a senator, not being a Minister or a Deputy Minister, elected or appointed in accordance with the Standing Orders, shall preside over the deliberations of the Senate:

Provided that the President of the Senate or the Deputy President of the Senate or other senator, as the case may be, when acting for the President of the Senate shall not preside over the deliberations of the Senate in Committee.

(2) The Speaker or, when he is unable to act, the Deputy Speaker or, when they are both unable to act, a member of the House of Assembly, not being a Minister or a Deputy Minister, elected or appointed in accordance with the Standing Orders, shall preside over the deliberations of the House of Assembly:

Provided that the Speaker or the Deputy Speaker or other member of the House of Assembly, as the case may be, when acting for the Speaker shall not preside over the deliberations of the House of Assembly in Committee.

[edit] Quorum in Parliament

71. (1) If objection is taken by a member of the Senate that there are present, besides the President of the Senate or the senator presiding, fewer than twenty senators and, after such interval as may be prescribed in the Standing Orders, the President of the Senate or senator presiding ascertains that the number of senators present is less than twenty, the Senate shall thereupon be adjourned in accordance with the Standing Orders.

(2) If objection is taken by a member of the House of Assembly that there are present, besides the Speaker or the member presiding, fewer than forty members and, after such interval as may be prescribed in the Standing Orders, the Speaker or member presiding ascertains that the number of members present is less than forty, the House of Assembly shall thereupon be adjourned in accordance with the Standing Orders.

[edit] Voting in Parliament

72. (1) Save as otherwise provided in this Constitution, all questions proposed for decision in the Senate or the House of Assembly shall be determined by a majority of the votes of the members present and voting.

(2) If, upon any question before the Senate or the House of Assembly, the votes of the members are equally divided, the motion shall be lost unless the person who is presiding has, by virtue of the proviso to subsection (3), a casting vote.

(3) The person presiding at a sitting of the Senate or of the House of Assembly, as the case may be, shall not have an original or a casting vote:

Provided that a senator or a member of the House of Assembly when presiding at a sitting of the Senate or of the House of Assembly, as the case may be, shall have and exercise a casting but not an original vote.

[edit] Use of languages in Parliament

73. Until the Legislature otherwise provides, all debates and proceedings in the Senate or the House of Assembly shall be conducted and all records thereof shall be kept in Kiswahili, English, Afrikaans or Hindustani.

[edit] Privileges of Parliament and members

74. (1) Subject to the provisions of this Constitution and to the rules and Standing Orders regulating the procedure of Parliament, there shall be freedom of speech in Parliament.

(2) No member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either House of Parliament of any report, paper, votes or proceedings.

(3) In other respects, the powers, privileges and immunities of each house of Parliament, and of the members and the committees of each House, shall be such as may be prescribed from time to time by a law of the Legislature.

(4) The provisions of subsections (1), (2) and (3) shall apply in relation to persons who by virtue of this Constitution have the right to speak in, and otherwise to take part in the proceedings of, a House of Parliament or any committee thereof as they apply in relation to members of Parliament.

[edit] Secretary to Parliament and other staff of Parliament

75. (1) There shall be a Secretary to Parliament appointed by the Speaker after consulting the President of the Senate and subject to the approval of the House of Assembly.

(2) A person appointed as the Secretary to Parliament shall not be removable from office except in pursuance of a resolution by the House of Assembly.

(3) The salary of the Secretary to Parliament shall not be reduced during his continuance in office.

(4) Subject to any wishes which may be expressed from time to time by the House of Assembly, the Speaker shall, after consulting the President of the Senate, appoint such number of other staff of Parliament as the Speaker may from time to time consider necessary.

(5) The staff of Parliament shall be appointed on terms of service approved from time to time by the House of Assembly and shall be deemed to be public officers but shall not form part of the civil service of the Government of _____.

[edit] State President and other persons may address Congress

76. (1) The State President may at any time —

(a) attend and address the Senate or the House of Assembly; or

(b) call a joint meeting of the Senate and the House of Assembly and attend and address such joint meeting.

(2) The State President may send messages to the Senate or the House of Assembly and any such message shall be read by a Minister designated by the State President at the first convenient sitting of the the Senate or the House of Assembly, as the case may be, after it is received.

(3) The Senate and the House of Assembly may, either jointly or severally, pursuant to a resolution, invite any person to address the Senate or the Assembly or, as the case may be, a joint meeting of the Senate and the House of Assembly.

[edit] PART VI
PROCEDURE IN REGARD TO BILLS

[edit] Introduction of Bills, motions and petitions

77. (1) Any Bill may originate in the House of Assembly.

(2) Any Bill, other than a Money Bill or a private Bill, may originate in the Senate.

(3) Subject to the conditions of this Constitution and the Standing Orders —

(a) any member of the Senate may introduce any Bill into or move any motion for debate in or present any petition to the Senate and the same shall be debated and disposed of according to the Standing Orders of the Senate;

(b) any member of the House of Assembly may introduce any Bill into or move any motion for debate in or present any petition to the House of Assembly and the same shall be debated and disposed of according to the Standing Orders of the House of Assembly;

(c) any Minister or Deputy Minister who is a member of the Senate or the House of Assembly may introduce any Bill into or move any motion for debate in or present any petition to either the Senate or the House of Assembly and the same shall be debated and disposed of according to the Standing Orders of the Senate or the House of Assembly, as the case may be.

(4) Except on the recommendation of the State President signified by a Minister or a Deputy Minister, the Senate or the House of Assembly shall not —

(a) proceed upon any Bill, including any amendment to a Bill, which, in the opinion of the President of the Senate or the Speaker, as the case may be, makes provision for any of the following matters —

(i) imposing or increasing any tax;

(ii) imposing or increasing any charge on the Consolidated Revenue Fund or other public funds of _____ or altering any such charge otherwise than by reducing it;

(iii) compounding or remitting any debt due to the Government of _____;

(iv) authorizing the making or raising of any loan by the Government of _____; or

(b) proceed upon any motion, including any amendment to a motion, the effect of which, in the opinion of the President of the Senate or the Speaker, as the case may be, is that provision should be made for any of the manners specified in paragraph (a); or

(c) receive any petition which, in the opinion of the President of the Senate or the Speaker, as the case may be, requests that provision be made for any of the manners specified in paragraph (a).

(5) The provisions of subsection (4) shall not apply to —

(a) any Bill introduced, motion moved, or petition presented by a Minister or a Deputy Minister; or

(b) any amendment moved by a Minister or a Deputy Minister to a Bill or motion.

[edit] Procedure in regard to Bills

78. (1) Immediately after a Bill which originates in the House of Assembly has been given a final reading and passed by the House of Assembly, the Speaker shall cause an authenticated copy of the Bill to be transmitted to the Senate for consideration and the day on which it is transmitted to be recorded in the journal of the House of Assembly.

(2) A Bill transmitted to the Senate in terms of subsection (1) shall be introduced forthwith into the Senate and, subject to the provisions of section 83, the Senate may reject the Bill or pass the Bill, with or without amendments.

(3) A Bill introduced into the Senate in terms of subsection (2) which has been given a final reading and passed by the Senate with amendments shall be returned forthwith to the House of Assembly with the amendments duly certified by the Secretary to Parliament and the House of Assembly may reject, agree to, or amend the amendments made to the Bill by the Senate.

(4) Immediately after a Bill which originates in the Senate has been given a final reading and passed by the Senate, the President of the Senate shall cause an authenticated copy of the Bill to be transmitted to the House of Assembly for consideration and the day on which it is transmitted to be recorded in the journal of the Senate.

(5) A Bill transmitted to the House of Assembly in terms of subsection (4) shall be introduced into the House of Assembly as soon as may be convenient and the House of Assembly may reject the Bill or pass the Bill, with or without amendments.

(6) A Bill introduced into the House of Assembly in terms of subsection (5) which has been given a final reading and passed by the House of Assembly with amendments shall be forthwith returned to the Senate with the amendments duly certified by the Secretary to Parliament and the Senate may reject, agree to, or amend the amendments made to the Bill by the House of Assembly.

[edit] Disagreement between Senate and House of Assembly

79. (1) If —

(a) the Senate and the House of Assembly have not agreed upon the amendments to be made to a Bill which originates in the House of Assembly before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate; or

(b) the Senate and the House of Assembly have not agreed upon the amendments to be made to a Bill which originates in the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate; or

(c) a Bill which originates in the House of Assembly has been rejected or has not been passed by the Senate before the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;

the Bill may, subject to the provisions of this section, be presented to the State President for assent in the form in which it was passed by the House of Assembly with such amendments, if any, as the Senate and the House of Assembly may have agreed:

Provided that if, in the opinion of the Speaker, a Bill which —

(i) originates in the House of Assembly; and

(ii) is introduced into the House of Assembly after the expiration of a period of one hundred and eighty days beginning on the day of the introduction into the Senate of a previous Bill originating in the Senate;

contains provisions identical with those contained in that previous Bill, except for minor changes required by the passage of time, the provisions of this subsection shall be construed and have effect as though the references in paragraphs (a) and (c) to a period of one hundred and eighty days were references to a period of eight sitting days.

(2) A Bill referred to in subsection (1) shall not be presented to the State President for assent unless a resolution that the Bill be presented to the State President for assent has been passed by the House of Assembly —

(a) in the case of a Bill referred to in paragraph (a) or (c) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the introduction of the Bill into the Senate;

(b) in the case of a Bill referred to in paragraph (b) of that subsection, after the expiration of a period of one hundred and eighty days beginning on the day of the return of the Bill to the Senate;

(c) in the case of a Bill referred to in the proviso to that subsection, after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.

(3) The provisions of subsection (1) shall not apply to a constitutional Bill.

(4) A Bill referred to in subsection (1) shall not be presented to the State President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the relevant provisions of subsections (1) and (2) apply and that the Bill may lawfully be presented for assent by virtue of those provisions.

(5) A Bill presented to the State President for assent in pursuance of a resolution of the House of Assembly referred to in subsection (2) shall be deemed to have been duly passed by Parliament in the form in which it is presented to the State President.

(6) In the calculation of any period of one hundred and eighty days referred to in this section, no account shall be taken of any period during which Parliament is prorogued.

(7) For the purposes of this section —

(a) a Bill originating in the House of Assembly shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of subsection (1) of section 78;

(b) a Bill originating in the Senate shall be deemed to have been returned to the Senate on the sitting day next following the day on which the Bill is returned for the first time to the Senate in terms of subsection (6) of section 78.

[edit] Functions of Senate Legal Committee in regard to Bills

80. (1) Subject to the provisions of subsection (6), every Bill shall, immediately before its introduction into the Senate, be referred to the Senate Legal Committee.

(2) It shall be the duty of the Senate Legal Committee to examine every Bill referred to it in terms of subsection (1) and, subject to the provisions of subsection (3), to report to the Senate, within the period of twenty-one sitting days beginning on the day the Bill referred to the Committee, whether or not, in the opinion of the Committee, any provision of the Bill, would, if enacted, be inconsistent with the Declaration of Rights.

(3) The President of the Senate may, on the application of the Chairman of the Senate Legal Committee, extend for a further period not exceeding twenty-one sitting days, as he thinks fit, the period specified in subsection (2) if he considers it proper to do so on account of the length or complexity of a Bill or the number of matters for the time being under consideration by the Committee or for any other sufficient reason and any extension of time so granted shall be recorded in the journal of the Senate.

(4) The Senate shall not proceed upon a Bill after the introduction of the Bill into the Senate unless a report of the Senate Legal Committee on the Bill has been presented to the Senate:

Provided that if no report on a Bill has been presented to the Senate within the period specified in subsection (2) or any extension of that period which may have been granted in terms of subsection (3), it shall be presumed that the Committee is of the opinion that no provision of the Bill would, if enacted, be inconsistent with the Declaration of Rights and, accordingly, the Senate may proceed upon the Bill.

(5) The provisions of this section shall, mutatis mutandis, apply to a provision of a Bill which is amended by the House of Assembly after the Bill has been given a final reading in the House of Assembly or in the Senate.

(6) The provisions of subsection (1) shall not apply to ―

(a) a Money Bill;

(b) a constitutional Bill;

(c) a Bill to which the proviso to section 79(1) applies.

(7) A Minister may, if he sees fit, transmit to the Secretary to Parliament for examination by the Senate Legal Committee a draft of any Bill he proposes to introduce into the Senate or the House of Assembly and the Secretary to Parliament shall forthwith refer the Bill to the Senate Legal Committee and the Senate Legal Committee shall consider the Bill and cause the Minister to be informed whether or not, in the opinion of the Committee, any, and if so which, provision of the Bill would, if enacted, be inconsistent with the Declaration of Rights but nothing herein contained shall affect the provisions of subsections (1) to (6) in so far as they apply should that Bill be introduced in the Senate.

[edit] Reports of Senate Legal Committee

81. (1) It shall be the duty of the Senate to consider any report report presented to the Senate in terms of section 80 which states that, in the opinion of the Senate Legal Committee, a provision of a Bill would, if enacted, be inconsistent with the Declaration of Rights.

(2) After considering the report, if any, presented to the Senate in terms of section 80 in relation to a Bill the Senate may resolve that a provision of that Bill would, if enacted, be inconsistent with the Declaration of Rights.

(3) If the Senate resolves that a provision of a Bill would, if enacted, be inconsistent with the Declaration of Rights, the Senate shall not pass the Bill containing that provision.

[edit] Procedure in regard to Bills where certificate of urgency is issued

82. (1) The Prime Minister may, subject to the provisions of subsection (4), certify that a Bill originating in the House of Assembly which has been given a final reading and passed by the House of Assembly is so urgent that it is not in the national interest to delay the enactment of the Bill.

(2) If ―

(a) the Senate and the House of Assembly have not agreed upon the amendments to be made to a Bill in respect of which a certificate has been issued in terms of subsection (1) before the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate; or

(b) a Bill in respect of which a certificate has been issued in terms of subsection (1) has not been passed by the Senate before the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate;

the Bill may, subject to the provisions of this section, be presented to the State President for assent in the form in which it was passed by the House of Assembly with such amendments, if any, as the Senate and the House of Assembly may have agreed.

(3) A Bill referred to in subsection (2) shall not be presented to the State President for assent unless a resolution that the Bill be presented to the State President for assent has been passed by the House of Assembly after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.

(4) The provisions of this section shall not apply to ―

(a) a constitutional Bill; or

(b) a Bill referred to in section ______.

(5) A Bill referred to in subsection (2) shall not be presented to the State President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the provisions of subsections (2) and (3) apply and that the Bill may lawfully be presented for assent by virtue of those provisions.

(6) A Bill presented to the State President for assent in pursuance of a resolution of the House of Assembly referred to in subsection (3) shall be deemed to have been duly passed by Parliament in the form in which it is presented to the State President.

(7) For the purposes of this section a Bill in respect of which a certificate has been issued in terms of subsection (1) shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of section 78(1).

(8) If, in the case of a Bill presented to the State President for assent in pursuance of a resolution of the House of Assembly referred to in subsection (3), the Senate has not considered that Bill in the form in which it was presented to the State President for assent, a copy of that Bill certified by the Secretary to Parliament to be in the form in which it was presented to the State President for assent shall be transmitted to the Senate immediately after its enactment and the provisions of sections 80 and 81 shall, mutatis mutandis, apply in relation to that Bill.

(9) The provisions of subsections (10) and (11) shall apply to a Bill to which the State President has assented in the pursuance of the provisions of this section if the Senate ―

(a) resolved before the day on which that Bill was enacted that a provision of that Bill, as enacted, was a provision which would, if enacted, be inconsistent with the Declaration of Rights; or

(b) resolves within a period of thirty sitting days beginning on the day on which that Bill was enacted that a provision of that Bill is inconsistent with the Declaration of Rights.

(10) If, before the expiration of a period of eight sitting days beginning on ―

(a) the day of the resolution of the Senate referred to in subsection (9); or

(b) the day on which the Bill is enacted;

whichever is the later day, the House of Assembly has not passed a resolution such as is referred to in subsection (11), the State President shall forthwith cause to be published in the Gazette a notice annulling the provision to which the resolution of the Senate relates.

(11) If, before the expiration of the period referred to in subsection (10), the House of Assembly has, by the affirmative votes of more than one-half of the total membership of the House of Assembly, resolved that the provision of the Bill to which the resolution of the Senate relates shall remain in force, the provision shall, unless it is sooner repealed or has had its effect, continue in force for a period of two hundred and seventy days beginning on the day of the resolution or the day on which the Bill is enacted, whichever is the later day:

Provided that, if ―

(a) the resolution of the House of Assembly referred to in this subsection was passed by the affirmative votes of not less than two-thirds of the total membership of the House of Assembly; or

(b) before the expiration of the period of two hundred and seventy days referred to in this subsection the House of Assembly, has, by the affirmative votes of not less than two-thirds of the total membership of the House of Assembly, passed a further resolution that the provision shall remain in force;

the provision shall continue in force after the expiration of the period of two hundred and seventy days, unless it is sooner repealed or has had its effect.

(12) Where the Senate or the House of Assembly passes a resolution in pursuance of the provisions of subsection (9), (10) or (11), the Secretary to Parliament shall cause to be published in the Gazette a notice of such resolution and of the effect thereof.

(13) The annulment of any provision of an Act in terms of this section shall not affect the operation thereof as respects things previously done or omitted to be done in terms of that provision and no action, indictment or other legal proceedings whatsoever shall be brought or instituted in any court of law for or on account of any act or thing whatsoever in good faith done or omitted to be done under that provision.

[edit] Money Bills

83. (1) The Senate shall not have power to amend a Bill which is certified by the Speaker to be a Money Bill but may recommend amendments to the House of Assembly.

(2) An amendment to a Bill referred to in subsection (1) which is recommended by the Senate shall be duly certified by the Secretary to Parliament and transmitted to the House of Assembly for its consideration.

(3) After the House of Assembly has considered amendments to a Bill referred to in subsection (1) which have been recommended by the Senate the Bill shall be presented to the State President for assent in the form in which it was passed by the House of Assembly with such amendments, if any, as may have been made by the House of Assembly on the recommendation of the Senate.

(4) If a Bill referred to in subsection (1) has not been passed by the Senate before the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate, the Bill may, subject to the provisions of this section, be presented to the State President for assent in the form in which it was passed by the House of Assembly.

(5) A Bill referred to in subsection (4) shall not be presented to the State President for assent unless a resolution that the Bill be presented to the State President for assent has been passed by the House of Assembly after the expiration of a period of eight sitting days beginning on the day of the introduction of the Bill into the Senate.

(6) A Bill referred to in subsection (4) shall not be presented to the State President for assent unless it is accompanied by a certificate from the Speaker stating that the Bill is a Bill to which the provisions of subsections (4) and (5) apply and that the Bill may lawfully be presented for assent by virtue of those provisions.

(7) A Bill presented to the State President for assent in pursuance of a resolution of the House of Assembly referred to in subsection (5) shall be deemed to have been duly passed by Parliament in the form in which it is presented to the State President.

(8) For the purposes of this section, a Bill referred to in subsection (1) shall be deemed to have been introduced into the Senate on the sitting day next following the day on which a copy of the Bill is transmitted to the Senate in terms of section 78(1).

[edit] Provisions relating to amendment of Bills

84. Subject to the provisions of this Constitution and the Standing Orders, after a Bill has been returned to the House in which it originated, the Senate or the House of Assembly may, by message to the other House pursuant to a resolution, agree to any amendment or withdraw any amendment which has been made to the Bill.

[edit] Assent to Bills

85. (1) No Bill shall become law unless the State President assents thereto and has signed it in token of such assent.

(2) A Bill shall be presented to the State President for assent when it has been duly passed by Parliament, subject always to compliance with any other requirements of this Constitution that apply to such Bill.

(3) Subject to the provisions of section 79(5), 82(6), section 83(7) and Chapter _____, a Bill shall be duly passed by Parliament if the Bill has been agreed by the Senate and the House of Assembly in the form in which it is presented to the State President for assent.

(4) When a Bill is presented to the State President for assent, he shall, within ten days ―

(a) assent to the Bill; or

(b) in the case of a Bill other than a Money Bill, return the Bill to Parliament with a message requesting that the Bill, or any specified provision thereof, be reconsidered and that any amendment specified in the message be considered.

(5) When the State President has returned a Bill to Parliament, it shall be reconsidered by Parliament in joint sitting and, if it is again passed, with or without amendment, by Parliament, by the votes of the majority of the members of both Houses present and voting, it shall be deemed for the purposes of the Constitution to have been passed by both Houses and shall be presented to the State President, and the State President shall give his assent within ten days, failing which such assent shall be deemed to have been given.

(6) In every Bill presented to the State President for assent the words of enactment shall be ―

“Be it enacted by the State President and the Parliament of _____.”

[edit] Further provisions relating to enactment of Bills

86. (1) Where in this Constitution there is a provision that a Bill of a specified description shall not be presented to the State President for assent unless it is accompanied by a prescribed certificate, the State President shall not assent to the Bill unless it is accompanied by the prescribed certificate.

(2) A law assented to by the State President shall come into operation on the day of its publication in the Gazette or on such other day as may be specified in and under that or some other law.

[edit] Enrollment of Acts

87. (1) As soon as may be after a Bill has been assented to by the State President, the Secretary to Parliament shall cause a fair copy of the Act, duly authenticated by the signature of the State President and the Public Seal of _____, to be enrolled on record in the Office of the Registrar of the High Court and such copy shall be conclusive evidence of the provisions of such Act.

(2) Notwithstanding the provisions of subsection (1), a law of the Legislature may provide that a revised edition of the laws in force on any specified day shall be compiled and published and that, upon publication, the laws therein printed shall in all courts of justice and for all purposes whatever be the sole and authentic version of such laws and be conclusive evidence thereof, and the State President shall cause a duly authenticated copy of such revised edition of the laws to be deposited in the Office of the Registrar of the High Court.

(3) The validity of an Act of the Legislature or of a revised edition of the laws shall not depend upon the enrollment or deposit thereof in pursuance of the provisions of this section.

[edit] PART VII
LEGISLATIVE POWERS OF THE STATE PRESIDENT

[edit] Power of State President to promulgate Ordinances during recess of Parliament

88. (1) If at any time, except when both Houses of Parliament are in session, the State President is satisfied that circumstances exist which render it necessary for him to take immediate action, he may promulgate such Ordinances as the circumstances appear to him to require.

(2) An Ordinance promulgated under this section shall have the same force and effect as an Act of the Legislature, but every such Ordinance ―

(a) shall be laid before both Houses of Parliament and shall cease to operate at the expiration of six weeks from the reassembly of Parliament, or, if before the expiration of that period resolutions disapproving it are passed by both Houses, upon the passing of the second of those resolutions; and

(b) may be withdrawn at any time by the State President.

Explanation. ― Where the Houses of Parliament are summoned to reassemble on different dates, the period of six weeks shall be reckoned from the later of those dates for the purposes of this subsection.

(3) If and so far as an Ordinance under this section makes any provision which Parliament would not under this Constitution be competent to enact, it shall be void.

[edit] PART VIII
SUMMONING, PROROGATION, AND DISSOLUTION

[edit] Sessions of Parliament

89. (1) Subject to the provisions of this section, the sessions of Parliament shall be held in such place and shall begin at such time and on such day as the State President may direct by proclamation published in the Gazette.

(2) There shall be a session of Parliament beginning in every calender year so that a period of not more than twelve months shall not intervene between the last sitting of either House in any one session and the first sitting of Parliament in the next session.

[edit] Prorogation and dissolution

90. (1) The State President may from time to time prorogue Parliament or either House.

(2) Subject to the provisions of subsection (3) of this section, Parliament, unless sooner dissolved, shall continue for five years from the date of its first sitting after any dissolution and shall then stand dissolved.

(3) At any time when _____ is at war, Parliament may from time to time extend the period of five years specified in subsection (2) of this section for not more than twelve months at a time:

Provided that the life of Parliament shall not be extended under this subsection for more than five years.

(4) Notwithstanding any dissolution of the Senate or the House of Assembly under this Act, whether by effluxion of time or otherwise ―

(a) every person who at the date of the dissolution is a member of the body concerned shall remain a member thereof;

(b) the said body shall remain competent to perform its functions; and

(c) the State President shall have power to summon Parliament for the dispatch of business during the period following such dissolution up to and including the day immediately preceding the polling day for the election held in pursuance of such dissolution, in the same manner in all respects as if the dissolution had not occurred.

(5) In the exercise of his powers under this article the State President shall act in accordance with the advice of the Prime Minister:

Provided that ―

(a) if the House of Assembly passes a resolution, supported by the votes of a majority of all the members of the House of Assembly, that it has no confidence in the Government, and the Prime Minister does not within three days either resign from his office or advise a dissolution, the State President may dissolve Parliament;

(b) if the office of Prime Minister is vacant and the State President considers that there is no prospect of his being able within a reasonable time to appoint to that office a person who can command the support of a majority of the members of the House of Assembly, the State President may dissolve the Parliament; and

(c) if the Prime Minister recommends a dissolution and the State President considers that the Government of ______ can be carried on without a dissolution and that a dissolution would not be in the interests of ______, the State President may refuse to dissolve Parliament.

(6) On the dissolution of Parliament all proceedings pending at the time shall be terminated and accordingly every Bill, motion, petition or other business shall lapse.

[edit] CHAPTER VI
HEAD OF STATE

[edit] The State President

91. There shall be a State President of _____ who shall be the Head of State and shall exercise and perform such powers and functions as are conferred on the State President by this Constitution and any other written law.

[edit] Election of State President

92. (1) The State President shall be elected by an electoral college consisting of the members of the Senate and the House of Assembly, at a meeting to be called in accordance with the provisions of this section and presided over by the Chief Justice of _____ or a judge of appeal designated by him.

(2) The election of a State President shall be held at a time and place to be fixed by the Speaker or (in his absence) the Secretary to Parliament and made known by notice in the Gazette not less than fourteen days before such election.

(3) The date so fixed shall in respect of the first such election be a date not less than one month and not more than three months before the termination of the period of office of the State President then holding office:

Provided that if the State President dies or for any other reason vacates his office before the expiration of his period of office a date within three months after the office became vacant shall be so fixed.

(4) No person may be nominated for or be elected as State President unless —

(a) he is a citizen of ____ by birth or descent;

(b) he is of or above the age of forty-five years;

(c) he is qualified to be appointed or elected as a member of the Senate;

(d) he satisfies the nomination court that he is a person of integrity, good character and reputation; and

(e) he has been domiciled in _____ for a period of at least fifteen years.

(5) Any person holding any public office in respect of which he receives any remuneration or allowance out of public funds, who is elected as State President, shall not hold such office during his term as State President:

Provided that a chief or headman so elected, shall retain his title as chief or headman.

[edit] Method of election

93. (1) Nominations of candidates for election as State President shall be called for at the meeting at which the election is to take place, by the person presiding thereat.

(2) Every nomination shall be submitted in the form prescribed and shall be signed by two members of the electoral college and also by the person nominated.

(3) The names of the persons duly nominated as provided in subsection (2) shall be announced at the meeting at which the elections is to take place by the person presiding thereat, and no debate shall be allowed at the election.

(4) If in respect of any election only one nomination has been received, the person presiding at the meeting shall declare the candidate in question to be duly elected.

(5) Where more that one candidate is nominated for election, a vote shall be taken by secret ballot, each member of the electoral college present at the meeting in question having one vote, and any candidate in whose favor a majority of all the votes cast is recorded, shall be declared duly elected by the person presiding at the meeting.

(6)(a) If no candidate obtains a majority of all the votes so cast, the candidate who received the smallest number of votes shall be eliminated and a further ballot taken in respect of the remaining candidates, this procedure being repeated as often as may be necessary until a candidate receives a majority of all the votes cast and is declared duly elected.

(b) Whenever two or more candidates being the lowest on the poll have received the same number of votes, the electoral college shall by separate vote, to be repeated as often as may be necessary, determine which of these candidates shall for the purpose of paragraph (a) be eliminated.

(7)(a) Whenever ―

(i) only two candidates have been nominated; or

(ii) after the elimination of one or more candidates in accordance with the provisions of this section, only two candidates remain,

and there is an equality of votes between those two candidates, a further meeting shall be called in accordance with the provisions of section 92, and the provisions of this section shall apply as if such further meeting were the first meeting called for the purposes of the election in question.

(b) At the third meeting called in connection with any particular election, the person presiding at the meeting shall in the event of an equality of votes between any two candidates under the circumstances described in paragraph (a), have and exercise a casting vote.

(8)(a) The Speaker shall make rules in regard to the procedure to be observed at a meeting of the electoral college, including rules prescribing the form in which any nomination shall be submitted, and rules defining the duties of the presiding officer and of any person appointed to assist him and prescribing the manner in which the ballot at any such meeting shall be conducted.

(b) Any such rules shall be made known in such manner as the Speaker may consider necessary.

[edit] Tenure of office of State President

94. (1) Subject to the provisions of subsections (4) and (5), the person elected to the office of State President shall hold that office for a period of seven years commencing on the day upon which he declares his assets and liabilities as prescribed in this Constitution and takes and subscribes the Oath of Allegiance and the oath of office prescribed in the Seventh Schedule to this Constitution.

(2) The oaths aforesaid shall be administered by the Chief Justice of _____ or the person for the time being appointed to exercise the functions of that office.

(3) The holder of the office of State President shall, on the expiration of his period of office be eligible for re-election:

Provided that a State President who has held office for two terms shall not be eligible for re-election for a third term of office.

(4)(a) The State President shall cease to hold office on a resolution passed by the Senate and by the House of Assembly during the same session declaring him to be removed from office on the ground of misconduct or inability to perform efficiently the duties of his office.

(b) No resolution shall be taken under paragraph (a), except after consideration of a report of a joint committee of the Senate and the House of Assembly appointed in pursuance of a resolution of the House of Assembly which has been concurred in by the Senate.

(c) The House of Assembly shall not adopt a resolution that such a committee be appointed, unless there has previously been submitted to the Speaker of the House of Assembly a petition signed by not less than thirty members of the House of Assembly and requesting that such a committee be appointed.

(d) In connection with any resolution contemplated in paragraph (c) no debate shall be allowed either in the Senate or in the House of Assembly.

(5) The State President may resign by lodging his resignation in writing with the Speaker of the House of Assembly, who shall forthwith advise the Prime Minister of such resignation.

(6) The State President shall at no time absent himself from the Republic except with the prior consent of the Executive Council.

[edit] Acting State President

95. Whenever the office of State President is vacant or the State President is for any reason unable to perform the duties of his office, the President of the Senate shall serve as Acting State President, and, if the office of President of the Senate is vacant or the holder of that office is unable to act, the Speaker or, if his office is vacant or he is unable to act, a person appointed by the Executive Council shall serve as Acting State President.

[edit] Civil List and personal staff of State President

96. (1) The Legislature shall by law provide a Civil List for the maintenance of the State President.

(2) The Civil List for the maintenance of the State President shall be charged on and paid out of the Consolidated Revenue Fund and shall not be diminished during the continuance in office of the State President.

(3) Subject to the provisions of subsection (4), the appointment, terms of service, disciplinary control, termination of appointment and dismissal of the personal staff of the State President shall be matters for the State President acting in his discretion.

(4) The State President may, if he so desires, appoint to his personal staff such public officers as he may select, after consultation with the Prime Minister, from a list of names submitted by the Public Service Commission; and the provisions of subsection (3) (except in so far as they relate to appointment) shall apply in relation to a person so appointed as respects his service on the personal staff of the State President but not as respects his service as a public officer.

(5) The remuneration of the personal staff of the State President, other than a person appointed under subsection (4), shall be defrayed out of the Civil List for the maintenance of the State President.

[edit] Immunity from criminal and civil proceedings

97. (1) During the State President’s tenure of office in accordance with this Constitution it shall be prohibited to institute or continue in court any criminal proceedings whatsoever against him.

(2) During the State President’s tenure of office in accordance this Constitution, no civil proceedings against him shall be instituted in court in respect of anything done or not done, or purporting to have been done or not done, by him in his personal capacity as an ordinary citizen whether before or after he assumed the office of State President, unless at least thirty days before the proceedings are instituted in court, notice of claim in writing has been delivered to him or sent to him pursuant to the procedure prescribed by an Act of the Legislature, stating the nature of such proceedings, the cause of action, the name, residential address of the claimant and the relief which he claims.

(3) Except where he ceases to hold the office of State President pursuant to the provisions of section 94(4), it shall be prohibited to institute in court criminal or civil proceedings whatsoever against a person who was holding the office of State President after he ceases to hold such office for anything he did in his capacity as State President while he held the office of State President in accordance with this Constitution.

[edit] Salary of State President

98. (1) There shall be paid to the State President out of and as a charge on the Consolidated Revenue Fund, in addition to any allowances appropriated from time to time by the Legislature, and apart from any privileges which he may enjoy, a salary of one hundred thousand dollars per annum.

(2) The salary of the State President shall not be reduced during his term of office.

[edit] Pension payable to State President and his widow

99. (1) There shall be payable out of and as a charge on the Consolidated Revenue Fund ―

(a) to any person who has at any time occupied the office of State President, an annual pension equal to the annual salary which was payable to him on the day upon which he vacated office;

(b) to the widow of any such person a pension at the rate of three-quarters of the rate of the pension payable to such person.

(2) Any pension under subsection (1) shall be payable ―

(a) in the case of the State President with effect from the day following that upon which he vacated office;

(b) in the case of his widow, with effect from the day following that upon which she became a widow.

[edit] CHAPTER VII
EXECUTIVE GOVERNMENT

[edit] Executive government vested in State President acting on advice of Executive Council

100.