Constitution_Of_Botswana.TXT "session" means the sittings of the National Assembly beginning when it first sits after the coming into operation of this Constitution or after Parliament is prorogued or dissolved at any time and ending when Parliament is prorogued or is dissolved without having been prorogued; "sitting" means a period during which the National Assembly is sitting without adjournment and includes any period during which it is in committee; "subordinate court" means any court established for Botswana other than(a) the Court of Appeal; 2 of 2002, s. 9(a). (b) the High Court; 2 of 2002, s. 9(b). (c) a court martial; or 2 of 2002, s. 9(c). (d) the Industrial Court. (2) In this Constitution, unless the context otherwise requires, references to offices in the public service shall be construed as including references to the offices of judges of the Court of Appeal and judges of the High Court and the offices of members of all subordinate courts (being offices the emoluments attaching to which, or any part of the emoluments attaching to which, are paid directly out of moneys provided by Parliament). (3) For the purposes of this Constitution a person shall not be considered to be a public officer by reason only that he or she is in receipt of any remuneration or allowance as the President, Vice-President, a Minister or Assistant Minister, Speaker, Deputy Speaker or Member of the Assembly, a Member of the Ntlo ya Dikgosi or a member of any Commission established by this Constitution. (4) For the purposes of this Constitution, a person shall not be considered as holding a public office by reason only of the fact that he or she is in receipt of a pension or other like allowance in respect of service under the Government of Botswana or the former Protectorate of Bechuanaland. (5) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the term designating his or her office shall be construed as including a reference to any person for the time being lawfully acting in or performing the functions of that office: Provided that nothing in this subsection shall apply to references to the President or Vice-President in section 35, 36 or 39 of this Constitution. (6) In this Constitution, unless it is otherwise provided or required by the context, a reference to the power to make appointments to any office shall be construed as including a reference to the power to make appointments on promotion and transfer and to confirm appointments and to the power to appoint a person to act in or perform the functions of that office at any time when the office is vacant or the holder thereof is unable (whether by reason of absence or infirmity of mind or body or any other cause) to perform the functions of that office. (7) References in this Constitution to the power to remove a public officer from his or her office shall be construed as including references to any power conferred by any law to require or permit that officer to retire from the public service: Provided that nothing in this subsection shall be construed as conferring on any person or authority power to require a judge of the Court of Appeal or the High Court, the Auditor-General or the Director of Public Prosecutions to retire from the public service. (8) Any provision in this Constitution that vests in any person or authority power to remove any public officer from his or her office shall be without prejudice to the power of any person or authority to abolish any office or to any law providing for the compulsory retirement of public officers generally or in any class of public officer on attaining an age specified therein. (9) Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office if the holder thereof is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions. (10) No provision of this Constitution that any person or authority shall not be subject to the direction or control of any other person or authority in the exercise of any functions under this Constitution shall be construed as precluding a court of law from exercising jurisdiction in relation to any question whether that person or authority has performed those functions in accordance with this Constitution or any other law. Page 47