Delimitation Commission

(1) The Judicial Service Commission shall, not later than 1st March, 1969, and thereafter at intervals of not less than five nor more than 10 years, appoint a Delimitation Commission consisting of a Chairman and not more than four other members. (2) Notwithstanding the provisions of subsection (1) of this section, at any time when— ( a ) Parliament has made provision altering the number of seats of Elected Members in the National Assembly; or ( b ) a comprehensive national population census is held in Botswana, the Judicial Service Commission shall, as soon as practicable thereafter, appoint a Delimitation Commission. (3) The Chairman of a Delimitation Commission shall be selected from among persons who hold or have held high judicial office. (4) No person shall be qualified to be appointed as Chairman or member of a Delimitation Commission who— ( a ) is a Member of the National Assembly; ( b ) is or has been within the preceding five years actively engaged in politics; or ( c ) is a public officer. (5) A person shall be deemed to be actively engaged in politics or to have been so engaged during the relevant period if— ( a ) he or she is, or was at any time during that period, a Member of the National Assembly; ( b ) he or she is, or was at any time during that period, nominated as a candidate for election to the National Assembly; or ( c ) he or she is, or was at any time during that period, the holder of an office in any political organisation that sponsors or supports, or has at any time sponsored or supported, a candidate for election as a Member of the National Assembly: Provided that no person shall be disqualified from holding the office of Chairman or member of a Delimitation Commission by reason only of the fact that he or she has been the Speaker of the National Assembly if he or she was elected to that office from amongst persons who were not Members of the National Assembly. (6) The office of Chairman or other member of the Delimitation Commission shall become vacant if circumstances arise that, were he or she not Chairman or member of the Delimitation Commission, would disqualify him or her for appointment as such. (7) If, after the appointment of the Delimitation Commission and before the Commission has submitted its report under section 65, the office of Chairman or any other member of the Commission falls vacant or the holder of the office becomes unable for any reason to discharge his or her functions as a member of the Commission, the Judicial Service Commission may, subject to the provisions of subsections (3) to (5) of this section, appoint another person to be a member of the Commission: Provided that a member appointed under this section because of the inability of some other member to discharge his or her functions shall cease to be a member of the Commission when, in the opinion of the Judicial Service Commission, that other member is able to resume his or her functions as a member of the Commission.