Discharge of functions of President during absence, illness, etc.

(1) Whenever the President is absent from Botswana or considers it desirable to do so by reason of illness or any other cause he or she may, by directions in writing, authorise— ( a ) the Vice-President; or ( b ) during any period when there is no Vice-President or 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, some other Minister, to discharge such of the functions of the office of President as he or she may specify, and the Vice-President or other Minister may discharge those functions until his or her authority is revoked by the President. (2) If the President is incapable by reason of physical or mental infirmity of discharging the functions of his or her office and the infirmity is of such a nature that the President is unable to authorise another person under this section to perform those functions— ( a ) the Vice-President; or ( b ) during any period when there is no Vice-President or the Vice-President is absent from Botswana or the Vice-President is, by reason of physical or mental infirmity, unable to perform the functions of his or her office, such Minister as the Cabinet shall appoint, shall perform the functions of the office of President. (3) A person performing the functions of the office of President under this section shall not exercise the power of the President to revoke the appointment of the Vice-President or to dissolve Parliament. (4) A person performing the functions of the office of President by virtue of subsection (2) of this section shall cease to perform those functions if he or she is notified by the President that the President is about to resume those functions. (5) For the purposes of this section, a certificate of the Chief Justice that— ( a ) the President is incapable by reason of physical or mental infirmity of discharging the functions of his or her office and the infirmity is of such a nature that the President is unable to authorise another person under this section to perform the functions of his or her office; or ( b ) 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: Provided that any such certificate as is referred to in paragraph ( a ) of this subsection shall cease to have effect if the President notifies any person under subsection (4) of this section that he or she is about to resume the functions of the office of President.