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  1. Constitutions
  2. Botswana
  3. Tenure of office of Director of Public Prosecutions

🇧🇼 BotswanaConstitution

Constitution of Botswana (current consolidated text)

Tenure of office of Director of Public Prosecutions

Jurisdiction
Botswana
Provision
113
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
(1) Subject to the provisions of this section, a person appointed as Director of Public Prosecutions shall hold office for a 5 year renewable term or until he or she attains the age of 60 years, whichever is the earlier. (2) A person holding the office of Director of Public Prosecutions may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour or for incompetence and shall not be so removed except in accordance with the provisions of this section. (3) If the President considers that the question of removing a person holding the office of Director of Public Prosecutions from office ought to be investigated then— ( a ) he or she shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; and ( b ) the tribunal shall enquire into the matter and report on the facts thereof to the President and advise the President whether the person holding the office of Director of Public Prosecutions ought to be removed from office under this section for inability as aforesaid or for misbehaviour or for incompetence. (4) Where a tribunal appointed under subsection (3) of this section advises the President that a person holding the office of Director of Public Prosecutions ought to be removed from office for inability as aforesaid or for misbehaviour or for incompetence, the President shall remove such person from office. (5) If the question of removing a person holding the office of Director of Public Prosecutions from office has been referred to a tribunal under this section, the President may suspend that person from performing the functions of his or her office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the person ought not to be removed from office.

Source record

Source and verification

Constitution of Botswana (current consolidated text) · testelaws.botswanalaws.com · Retrieved 19 August 2026.

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