Constitution_Of_Botswana.TXT Provided that the Speaker may, at the request of the Member, from time to time extend that period for further periods of 30 days to enable the Member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate 150 days shall not be given without the approval of the Assembly signified by resolution. (3) If, on the determination of any appeal, such circumstances continue to exist and no further appeal is open to the Member of the Assembly, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or for any other reason, it ceases to be open to the Member to appeal, he or she shall forthwith vacate his or her seat. (4) If at any time before the Member of the Assembly vacates his or her seat such circumstances as aforesaid cease to exist, his or her seat shall not become vacant by reason of those circumstances, and he or she may resume the performance of his or her functions as a Member of the Assembly. [Ch0000s69] 69. Determination of questions as to membership of National Assembly (1) The High Court shall have jurisdiction to hear and determine any question whether(a) any person has been validly elected as an Elected Member of the National Assembly or the seat of any such Member has become vacant; (b) any person has been validly elected as Speaker of the Assembly or, having been so elected, has vacated the office of Speaker. (2) Any question whether any person has been validly elected as a Specially Elected Member of the National Assembly or whether the seat of any such Member has become vacant shall be determined by the Speaker. (3) Parliament may make provision with respect to(a) the persons who may apply to the High Court for the determination of any question under this section; (b) the circumstances and manner in which the conditions upon which any such application may be made; and (c) the powers, practice and procedure of the High Court in relation to any such application. [Ch0000s70] 70. Clerk of the Assembly (1) There shall be a Clerk of the National Assembly and an Assistant Clerk of the National Assembly and their offices shall be offices in the public service. (2) There shall be such other offices in the department of the Clerk of the Assembly as may be prescribed by resolution of the National Assembly and such offices shall be offices in the public service. PART II General Provisions Relating to Procedure in National Assembly (ss 71-76) [Ch0000s71] 71. Oaths to be taken by Speaker and Members The Speaker, before assuming the duties of his or her office, and every Member of the National Assembly before taking his or her seat therein, shall take and subscribe before the Assembly the oath of allegiance. [Ch0000s72] 72. Presiding in Assembly There shall preside at any sitting of the National Assembly(a) the Speaker; (b) in the absence of the Speaker, the Deputy Speaker; or (c) in the absence of the Speaker and the Deputy Speaker, such Member of the Assembly (not being the President or Vice-President or a Minister or Assistant Minister) as the Assembly may elect for that sitting. [Ch0000s73] 73. Quorum in Assembly 1 of 1999, s. 2(a) and (b). If objection is taken by any Member of the National Assembly present that there are present in the Assembly (besides the person presiding) less than one third of the Members of the Assembly and, after such interval as may be prescribed in the rules of procedure of the Assembly, the person presiding ascertains that the number of Members present is less than one third, he or she shall thereupon adjourn the Assembly. [Ch0000s74] 74. Voting in Assembly (1) Save as otherwise provided in this Constitution, any question proposed for decision in the National Assembly shall be determined by a majority of the votes of the Members present and voting. (2) 9 of 2005, s. 9. ... (3) The person presiding in the National Assembly shall have neither an Page 29