Constitution_Of_Botswana.TXT (6) In the exercise of the functions vested in him or her by subsection (3) of this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority: Provided that(a) where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority, and with the leave of the court; and (b) before exercising his or her powers in relation to cases considered by the Attorney-General to be of national importance, the Director of Public Prosecutions shall consult the Attorney-General. [Ch0000s52] 52. Permanent Secretaries Where any Minister has been charged with responsibility for any department of Government, he or she shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary whose office shall be a public office. [Ch0000s53] 53. Prerogative of Mercy The President may(a) grant to any person convicted of any offence a pardon, either free or subject to lawful conditions; (b) grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; (c) substitute a less severe form of punishment for any punishment imposed on any person for any offence; and (d) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence. [Ch0000s54] 54. Advisory Committee on Prerogative of Mercy (1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of(a) the Vice-President or a Minister appointed by the President by instrument in writing under his or her hand; (b) the Attorney-General; and (c) a person qualified to practise in Botswana as a medical practitioner, appointed by the President by instrument in writing under his or her hand. (2) A member of the Committee appointed under subsection (1)(a) or (c) of this section shall hold his or her seat thereon for such period as may be specified in the instrument by which he or she was appointed: Provided that his or her seat shall become vacant(i) in the case of a person who, at the date of his or her appointment, was the Vice-President or a Minister, if he or she ceases to be the Vice-President or a Minister; or (ii) if the President, by instrument in writing under his or her hand, so directs. (3) The Committee shall not be summoned except by the authority of the President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the President, the member of the Committee appointed under subsection (1)(a) of this section shall preside. (4) The Committee may act notwithstanding any vacancy in its membership and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. (5) Subject to the provisions of this section, the Committee may regulate its own procedure. [Ch0000s55] 55. Functions of Advisory Committee on Prerogative of Mercy (1) Where any person has been sentenced to death for any offence, the President shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he or she may require, to be considered at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he or she shall decide whether to exercise any of his or her powers under section 53 of this Constitution. (2) The President may consult with the Committee before deciding whether to Page 22