Constitution_Of_Botswana.TXT (1) A person shall be qualified for election as President if, and shall not be qualified unless, he or she(a) is a citizen of Botswana by birth or descent; (b) has attained the age of 30 years; and (c) is qualified to be elected as a Member of the National Assembly. (2) Notwithstanding any other law to the contrary, for the purposes of this section and section 39(a) the term "citizen by birth" shall be understood to include only those persons who became citizens of Botswana prior to the amendment of the law relating to citizenship by the Cap. 01:01 Citizenship Act; (b) any person who, although his or her father was a citizen of Botswana at the time of that person's birth, had, by virtue of his or her having been born outside Botswana, to be registered as a citizen of Botswana, under the law relating to citizenship in force at that time, shall be regarded as a citizen by descent. [Ch0000s34]34. Tenure of office of President 16 of 1997, s. 2. (1) The President shall, subject to the provisions of this section, hold office for an aggregate period not exceeding 10 years beginning from the date of his or her first assumption of office of President after the commencement of this Act. (2) The President shall cease to hold the office of President if at any time during his or her tenure of office any circumstances arise that would, if he or she were not a member of the National Assembly, cause him or her to be disqualified for election thereto. (3) The President shall cease to hold office of President at the expiry of the period prescribed under subsection (1) of this section, or when the person elected at the next election of President following a dissolution of Parliament assumes office. [Ch0000s35] 35. Vacancy in office of President 16 of 1997, s. 3. (1) Whenever the President dies, resigns or ceases to hold office, the Vice-President shall assume office as President with effect from the date of the death, resignation or ceasing to be President. (2) If the office of President(a) becomes vacant in circumstances in which there is no Vice-President; or (b) is vacant whilst the Vice-President is absent from Botswana or is, by reason of physical or mental infirmity unable to perform the functions of his or her office, the functions of the office of President shall, until such time as a new President assumes office in accordance with this section or section 32 of this Constitution, be performed by such Minister as the Cabinet shall appoint. For the purposes of this subsection, a certificate of the Chief Justice that the Vice-President is by reason of physical or mental infirmity unable to discharge the functions of his or her office, shall, in respect of any period for which it is in force, be conclusive and shall not be questioned in any court. (3) Any person performing the functions of the office of President by virtue of subsection (1) or (2) of this section shall not exercise the power of the President to revoke the appointment of Vice-President or to dissolve Parliament. (4) If the office of President becomes vacant, the National Assembly shall, unless Parliament is dissolved, and notwithstanding that it may be prorogued, meet on the seventh day after the office of President becomes vacant, or on such earlier day as may be appointed by the Speaker, and shall elect a person to the office in such manner as is prescribed by the next following subsection and, subject thereto, by or under an Act of Parliament. (5) In an election of a President under this section(a) the Speaker shall preside at the meeting and conduct the election; (b) a person may be a candidate if and shall not be a candidate unless he or she has been nominated as a candidate with his or her consent prior to the sitting of the National Assembly at which the election takes place, by not less than 10 Members of the National Assembly entitled to vote in that election; 9 of 2005, s. 5. (c) at the election every Member of the Assembly except the Speaker shall be entitled to vote; (d) the votes of the Members of the Assembly who are entitled to vote shall be given by ballot in such manner as not to disclose how any particular Member voted, and any person who receives the votes of more than one half of the total Page 16