Separation of Powers in Botswana

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The constitution implicitly recognises the separation of powers by dealing with each of the three organs of government in separate and distinct provisions. The executive is dealt with in chapter IV, sections 30-56, the legislature in chapter V, sections 57-94 and the judiciary in chapter VI, sections 95-106. Executive

The whole of chapter IV of the constitution deals with the executive. Part I deals with the President and Vice President, part II with the Cabinet and part III with the executive functions. In spite of this, section 47 explicitly vests executive functions on the President. The President is not elected directly by universal suffrage but rather indirectly under section 32 after parliamentary elections from the newly elected members of Parliament. He can only hold office for an aggregate period of 10 years and if the office falls vacant, the Vice President takes over. The President appoints the Vice President and such number of Ministers and Assistant Ministers as are determined by Parliament. They must all be members of Parliament at the time of their appointment. If not, then before the expiration of four months after their appointment they must become members of Parliament or vacate the position. This therefore means that there is no strict separation of powers in Botswana. Executive power vests in the President and section 49 states that the Vice President acts as his “principal assistant” and works under his directions. He is responsible for such business of government (including the administration of any department of Government), that the President may assign to him. The usual pattern has been to assign a specific department to the Vice President. On the other hand, cabinet Ministers and Assistant Ministers are responsible for advising the President with respect to policy and such other matters that he may refer to them. Nevertheless, section 50 makes it clear that the cabinet shall be responsible...
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