NTLO YA DIKGOSI (POWERS AND PRIVILEGES): SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Ntlo ya dikgosi (Election of Elected Members) Regulations

Ntlo ya dikgosi (Election of Specially Elected Members) Rules

Rules of Procedure of the Ntlo ya dikgosi

NTLO YA DIKGOSI (ELECTION OF ELECTED MEMBERS) REGULATIONS

 

(under section 83(e) of the Constitution)

 

(19th February, 1965)

 

ARRANGEMENT OF REGULATIONS

 

   REGULATIONS

 

 

 

   1.   Citation

 

   2.   Interpretation

 

   3.   Appointment of Ntlo ya Dikgosi Electoral Officer

 

   4.   Election to be held

 

   5.   Summoning of Sub-Chiefs for purpose of elections

 

   6.   Separate elections to be held

 

   7.   Commencement of proceedings

 

   8.   Announcement of candidates

 

   9.   Marking of ballot papers

 

   10.   Casting of votes

 

   11.   Counting of votes

 

   12.   Second poll

 

   13.   Declaration of results

 

   14.   Other elections

 

   15.   Safe custody of ballot papers

 

   16.   Transmission of names

 

   17.   Poll or election void

 

   18.   Electoral Officer's decision final

 

   19.   Requirement of secrecy

 

 

L.N. 3, 1965,
Act 11, 2005,
S.I. 92, 2006.

 

1.   Citation

   These Regulations may be cited as the Ntlo ya Dikgosi (Election of Elected Members) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "by-election" means an election to fill a vacancy among the Elected Members occurring otherwise than upon a dissolution of the National Assembly;

   "candidate" means a candidate for election as an Elected Member;

   "Constitution" means the Constitution of Botswana;

   "district" means the Chobe district, the North East district, the Ghanzi district or the Kgalagadi district;

   "Elected Member" means a member of the Ntlo ya Dikgosi elected from among their own number by the Sub-Chiefs of a district;

   "election" means the election of an Elected Member;

   "Electoral Officer" means the Ntlo ya Dikgosi Electoral Officer of the appointed under regulation 3;

   "general election" means an election to elect Elected Members occurring upon a dissolution of the National Assembly;

   "meeting" means a meeting of Sub-Chiefs held for the purpose of a general election or a by-election;

   "Secretary" means the person appointed to be the Secretary of the Ntlo ya Dikgosi in terms of section 81 of the Constitution;

   "Sub-Chief" means a person for the time being performing the functions of the office of Sub-Chief in a district.

 

3.   Appointment of Electoral Officer to Ntlo ya Dikgosi

   (1) The President, acting in his or her discretion, shall appoint an Electoral Officer to the Ntlo ya Dikgosi who shall have the powers and perform the duties conferred and imposed upon him by these Regulations.

   (2) Any appointment made under this regulation may be by name or by office and shall be published in the Gazette.

 

4.   Election to be held

   (1) The Electoral Officer shall cause meetings of Sub-Chiefs to be held-

 

   (a)   for the purposes of a general election, as soon as practicable after the holding of a general election of the Elected Members of the National Assembly; and

 

   (b)   for the purposes of a by-election, as soon as practicable after the vacancy has occurred.

   (2) The Electoral Officer shall preside at every meeting and conduct it in such manner as he or she thinks fit in accordance with these Regulations.

 

5.   Summoning of Sub-Chiefs for purpose of elections

   (1) A meeting shall be held at such time and place as the Electoral Officer may determine by giving written or telegraphic notice thereof to the Sub-Chiefs entitled to take part in the elections to be conducted at that meeting:

   Provided that the time specified in such notice shall not be earlier than 14 days after the date on which such notice is given.

   (2) The Electoral Officer may at any time, by notice given in like manner, change the time so specified to a later time, or change the place so specified.

 

6.   Separate elections to be held

   (1) Separate elections shall be held for the election of the several Elected Members to be elected at any meeting.

   (2) No person other than a Sub-Chief of the district in respect of which an Elected Member is to be elected shall be entitled to take part in the election of that member.

 

7.   Commencement of proceedings

   (1) At the commencement of proceedings at any meeting, the Electoral Officer shall announce what elections are to be conducted at that meeting, and then proceed to the first election by calling for the nomination of candidates for that election.

   (2) Any Sub-Chief present who is entitled to take part in that election, may then nominate as a candidate any other Sub-Chief entitled to take part in that election. The Electoral Officer shall call upon the Sub-Chief nominated to declare whether he or she accepts candidature or not.

   (3) If any Sub-Chief is willing to accept candidature for election and has reason to believe that he or she may not be present when the election is held, he or she may give written notice of his or her willingness to the Electoral Officer in advance. If when the election is held such Sub-Chief is nominated, the Electoral Officer shall announce that the Sub-Chief has accepted candidature in advance.

   (4) Where in respect of any election no candidate has been nominated but one or more Sub-Chiefs entitled to take part in the election are present, every such Sub-Chief shall be deemed to have been nominated and the Electoral Officer shall call upon him to declare whether he accepts candidature or not.

   (5) Where no Sub-Chief entitled to take part in the election is present but a single Sub-Chief so entitled has given notice of his willingness to accept candidature in terms of subregulation (3), such Sub-Chief shall be deemed to have been nominated and the Electoral Officer shall announce that that Sub-Chief has accepted candidature in advance.

 

8.   Announcement of candidates

   When all nominations in respect of that election have been received, the Electoral Officer shall announce the names of the candidates who have been duly nominated or deemed to be nominated and who have accepted candidature. If there is only one such candidate, the Electoral officer shall forthwith declare him to have been duly elected as an Elected Member. If there is more than one such candidate a poll shall be taken, and the Secretary shall write the names of the candidates on a blackboard placed in full view of the Sub-Chiefs entitled to take part in the election.

 

9.   Marking of ballot papers

   (1) The Secretary shall then supply a ballot paper to each Sub-Chief present who is entitled to take part in the election and who wishes to vote and the Sub-Chief shall write on the ballot paper the name of the candidate whom he wishes to elect as an Elected Member.

   (2) Only one name shall be written on the ballot paper and no Sub-Chief shall mark the ballot paper in such a way as to disclose whose ballot paper it is.

   (3) Where any Sub-Chief is unable to write he may communicate, in secret, to the Electoral Officer the name of the candidate for whom he wishes to vote and the Electoral Officer shall thereupon secretly write forthwith such name on the ballot paper and the provisions of subregulation (2) shall, mutatis mutandis, apply.

   (4) A Sub-Chief who has accidentally dealt with his ballot paper in such manner that it may not properly be used as a ballot paper may, on delivering such ballot paper to the Electoral Officer and after satisfying the Electoral Officer that it has been spoilt by accident, obtain another ballot paper in place thereof and the spoilt ballot paper shall be immediately cancelled.

 

10.   Casting of votes

   (1) The Secretary shall then sit at a convenient table and call in turn the names of all Sub-Chiefs present and entitled to take part in the election and each such Sub-Chief who wishes to vote shall as his or her name is called come to the table and drop his or her ballot paper into a glass placed before the Secretary in such a manner as not to disclose for whom he or she is voting.

   (2) A Sub-Chief shall not drop into the glass a ballot paper which is not his or her own.

 

11.   Counting of votes

   When all the Sub-Chiefs who wish to do so have voted at a poll the Electoral Officer shall examine all ballot papers dealt with in accordance with the provisions of regulation 10 and shall reject any which in his or her opinion does not adequately indicate for which candidate a Sub-Chief intended to vote or which does not comply with any of the provisions of these Regulations. He or she shall then count the number of votes obtained by each candidate and prepare a list of candidates showing the votes polled by each.

 

12.   Second poll

   (1) If two or more candidates have an equal number of votes each, which number is greater than the number of votes obtained by any other candidate, then such candidates shall be candidates in a second poll to be held in accordance with the provisions of these Regulations.

   (2) If, after a second poll has been held in terms of subregulation (1) an equality of votes is found to exist between any candidates so that the addition of a vote would entitle one of the candidates to be declared elected, the Electoral Officer shall forthwith decide between those candidates by lot and shall proceed as if the candidate on whom the lot falls has received an additional vote.

 

13.   Declaration of results

   A candidate who has received more votes at a poll than any other candidate shall be deemed to have been elected at that poll and the Electoral Officer shall forthwith declare such Sub-Chief to have been duly elected as an Elected Member.

 

14.   Other elections

   On completion of the procedure described in the foregoing regulations at any meeting, the Electoral Officer shall proceed in like manner to any further election to be conducted at that meeting.

 

15.   Safe custody of ballot papers

   At the completion of an election the Secretary shall place ballot papers, including spoilt ballot papers, used at any poll in an envelope, seal it and keep it in safe custody and, when so ordered by the Electoral Officer, shall cause the envelope and its contents to be destroyed.

 

16.   Transmission of names

   As soon as practicable after the completion of a meeting the Electoral Officer shall cause the names of the Elected Members elected at that meeting to be published in the Gazette.

 

17.   Poll or election void

   If the Electoral Officer is satisfied in relation to any poll or election that the provisions of these Regulations have not been, or are not being carried out properly in any respect, he or she may declare the poll or the election void, and order the proceedings for the poll or for the election to be begun afresh at the same or any subsequent meeting.

 

18.   Electoral Officer's decision final

   Any decision made by the Electoral Officer under these Regulations shall be final and shall not be enquired into in any court.

 

19.   Requirement of secrecy

   (1) The Electoral Officer, the Secretary and any Sub-Chief present at a meeting shall maintain and aid in maintaining the secrecy of the voting at the meeting.

   (2) No person shall, except for some purpose authorized by law or with the consent of the Sub-Chief concerned-

 

   (a)   obtain or attempt to obtain any information as to the candidate for whom a Sub-Chief has voted at any meeting; or

 

   (b)   communicate at any time to any person any information he or she may have obtained as to the candidate for whom a Sub-Chief has voted at any meeting.

   (3) Any person who contravenes any of the provisions of this regulation shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding six months, or to both.

RULES OF PROCEDURE OF THE NTLO YA DIKGOSI

 

(under section 83 of the Constitution)

 

(2nd July, 1965)

 

ARRANGEMENT OF RULES

 

   RULE

 

 

 

PART I
Introductory

 

   1.   Citation and interpretation

 

   2.   Oath of allegiance

 

   3.   Election of Chairperson and Deputy Chairperson

 

   4.   Duties of Secretary

 

   5.   Seating

 

   6.   Presiding in Ntlo ya Dikgosi

 

   7.   Official report of speeches

 

   8.   Absence of Members

 

   9.   Language

 

   10.   Quorum

 

   11.   Attendance of Ministers

 

 

 

PART II
Meetings and Sittings of the Ntlo ya Dikgosi

 

   12.   Meetings

 

   13.   Days of sittings

 

   14.   Hours of sittings

 

   15.   Adjournment of meeting

 

 

 

PART III
Business of the Ntlo ya Dikgosi

 

   16.   Daily routine of business

 

   17.   Questions

 

   18.   Contents of questions

 

   19.   Manner of asking and answering questions

 

   20.   Statements by Ministers

 

   21.   Personal explanations

 

 

 

PART IV
Process of Debate

 

   22.   Ntlo ya Dikgosi may not be addressed except on a motion

 

   23.   Notice of motions

 

   24.   Manner of giving notice of motions

 

   25.   Manner of debating motions

 

   26.   Amendments to motions

 

   27.   Withdrawal of motions and amendments

 

 

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