Constitution_Of_Botswana.TXT (iii) if the Vice-President ceases to perform the functions of the office of President. (6) In this section references to Members of the Assembly shall, in the event of Parliament being dissolved, be construed as references to those persons who immediately before the dissolution were Members of the Assembly. [Ch0000s40] 40. Salary and allowances of President (1) The President shall receive such salary and allowances as may be prescribed by resolution of the National Assembly, which shall be a charge on the general revenues of the Republic. (2) The salary and allowances of the President shall not be altered to his or her disadvantage during his or her period of office. (3) A person who has held the office of President shall receive such pension or, upon the expiration of his or her term of office, such gratuity as may be prescribed by resolution of the National Assembly, which shall be a charge on the Consolidated Fund. [Ch0000s41] 41. Protection of President in respect of legal proceedings (1) Whilst any person holds or performs the functions of the office of President no criminal proceedings shall be instituted or continued against him or her in respect of anything done or omitted to be done by him or her either in his or her official capacity or in his or her private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against him or her in respect of anything done or omitted to be done in his or her private capacity. (2) Where provision is made by law limiting the time within which proceedings of any description may be brought against any person, the term of any person in the office of President shall not be taken into account in calculating any period of time prescribed by that law which determines whether any such proceedings as are mentioned in subsection (1) of this section may be brought against that person. PART II The Cabinet (ss 42-46) [Ch0000s42] 42. Ministers and Assistant Ministers (1) There shall be such offices of Minister of the Government (not exceeding six or such other number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President. (2) There shall be such offices of Assistant Minister (not exceeding three or such number as Parliament may from time to time provide) as may be established by Parliament or, subject to the provisions of any Act of Parliament, by the President. (3) Appointments to the office of Minister or Assistant Minister shall be made by the President from among Members of the National Assembly: Provided that(i) not more than four persons may be appointed as Minister or Assistant Minister from amongst persons who are not Members of the Assembly but are qualified for election as such; and (ii) if occasion arises for making an appointment to the office of a Minister or an Assistant Minister while Parliament is dissolved a person who was a Member of the Assembly before the dissolution may be appointed as a Minister or an Assistant Minister. [Ch0000s43] 43. Tenure of office of Ministers and Assistant Ministers The office of any Minister or Assistant Minister shall become vacant(a) in the case of a Minister or Assistant Minister appointed from among the Members of the National Assembly, or in the case of a Minister or Assistant Minister appointed from among persons who are not Members of the Assembly who becomes a Member of the Assembly before the expiration of four months from the date of his or her appointment(i) if he or she ceases to be a Member of the National Assembly otherwise than by reason of a dissolution of the National Assembly; or (ii) if, at the first sitting of the Assembly after a general election, he or she is not a Member of the Assembly; (b) in the case of a Minister or Assistant Minister appointed from among persons who are not Members of the Assembly, if before the expiration of four months from the date of his or her appointmentPage 19