Appointment of Secretary to Independent Electoral Commission

(1) There shall be a Secretary to the Independent Electoral Commission referred to in section 65A (in this section referred to as “the Secretary”). (2) The Secretary shall be appointed by the President. (3) The functions of the Secretary shall, subject to the directions and supervision of the Independent Electoral Commission, be to exercise general supervision over the registration of voters for elections of— ( a ) the Elected Members of the National Assembly; and ( b ) the members of any local authority, and over the conduct of such elections. (4) A person shall not be qualified to be appointed as Secretary to the Independent Electoral Commission if— ( a ) he or she is not a citizen of Botswana; ( b ) he or she has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in any part of the Commonwealth and has not been discharged, or has made a composition with his or her creditors and has not paid his or her debts in full; or ( c ) he or she has been convicted of any offence involving dishonesty in any country. (5) A person shall not enter upon the duties of the office of Secretary until he or she has taken and subscribed to the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by an Act of Parliament. (6) For the purposes of the exercise of his or her functions under subsection (3) of this section, the Secretary may give such directions as he or she considers necessary or expedient to any registering officer, presiding officer or returning officer relating to the exercise by that officer of his or her functions under any law regulating the registration of voters or the conduct of elections, and any officer to whom directions are given under this subsection shall comply with those directions. (7) Subject to the provisions of this section, a person holding office as Secretary shall vacate that office on attaining the age of 65 years or such other age as may be prescribed by an Act of Parliament. (8) A holder of the office of Secretary 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 from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. (9) If the President considers that the question of removing the Secretary ought to be investigated then— ( a ) he or she shall appoint a tribunal which shall consist of a Chairman and not less than two members who hold or have held high judicial office; ( b ) the tribunal shall enquire into and report on the facts thereof to the President and advise the President whether the Secretary ought to be removed from office under this section for inability to perform the functions of his or her office or for misbehaviour. (10) Where a tribunal appointed under subsection (9) advises the President that the Secretary ought to be removed for inability to perform the functions of his or her office or for misbehaviour, the President shall remove him or her from office. (11) If the question of removing the Secretary from office has been referred to a tribunal under subsection (9) of this section, the President may suspend him or her from performing the functions of his or her office, and any such suspension may at any time be revoked by the President and shall cease to have effect if the tribunal advises the President that the Secretary ought not to be removed from office.