Public Service Commission

(1) There shall be a Public Service Commission for Botswana which shall consist of a Chairman and not less than two nor more than four other members. (2) The members of the Public Service Commission shall be appointed by the President. (3) A person shall not be qualified for appointment as a member of the Public Service Commission if he or she is a Member of the National Assembly or a public officer, or is or has within the two years immediately preceding his or her appointment been actively engaged in politics. (4) For the purposes of this section a person shall be deemed to be or to have been actively engaged in politics in circumstances in which he or she would be deemed to be or to have been so engaged for the purposes of section 64(4)( b ) of this Constitution. (5) Subject to the provisions of this section, the office of a member of the Public Service Commission shall become vacant— ( a ) at the expiration of three years from the date of his or her appointment; ( b ) if any circumstances arise that, if he or she were not a member of the Commission, would cause him or her to be disqualified for appointment as such; or ( c ) if he or she is removed from office in accordance with the provisions of subsection (6) of this section. (6) Subject to subsection (7) of this section a member of the Public Service Commission may be removed from office by the President for inability to discharge the functions of his or her office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour. (7) If the President considers that the question of removing a member of the Public Service Commission under subsection (6) of this section ought to be investigated, then— ( a ) the President shall appoint a tribunal which shall consist of a Chairman and not less than two other members selected by the Chief Justice from among persons 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 recommend to him or her whether the member ought to be removed under subsection (6) of this section, and the President shall act in accordance with that recommendation. (8) A member of the Public Service Commission shall not be removed from office except in accordance with the provisions of this section. (9) If the office of Chairman of the Public Service Commission is vacant or if the person holding that office is for any reason unable to perform the functions of his or her office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, those functions shall be performed by such one of the other members of the Commission as may be designated in that behalf by the President. (10) If at any time there are less than two members of the Public Service Commission besides the Chairman or if any such member is appointed to act as Chairman or is for any reason unable to perform the functions of his or her office, the President may appoint a person who is qualified for appointment as a member of the Commission to act as a member, and any person so appointed shall, subject to the provisions of subsection (5)( b ) of this section, continue to act until the office in which he or she is acting is filled, or as the case may be, until the holder thereof resumes his or her functions or until his or her appointment to act is revoked by the President. (11) Except as provided in subsection (13) of this section the Public Service Commission shall not be subject to the direction or control of any other person or authority in the exercise of its functions under this Constitution. (12) A member of the Commission shall not enter upon the duties of his or her office until he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by Parliament. (13) Provision may be made by or under an Act of Parliament prescribing the procedure of the Commission and, subject thereto, the Commission may regulate its own procedure. (14) Except as may be otherwise provided in its rules or procedure, the Commission may act notwithstanding any vacancy in its membership or the absence of any member and its proceedings shall not be invalidated by the presence or participation of any person not entitled to be present at or to participate in those proceedings. (15) Any decision of the Commission shall require the concurrence of a majority of all the members thereof. (16) A member of the Commission shall not, during the tenure of his or her office or during the three years immediately following such tenure, be eligible for appointment to any public office other than that of Ambassador, High Commissioner or other principal representative of Botswana in any other country or accredited to any international organisation.