47.     Functions of President

          (1) The executive power of Botswana shall vest in the President and, subject to the provisions of this Constitution, shall be exercised by him or her either directly or through officers subordinate to him or her.

          (2) In the exercise of any function conferred upon him or her by this Constitution or any other law the President shall, unless it is otherwise provided, act in his or her own deliberate judgment and shall not be obliged to follow the advice tendered by any other person or authority.

          (3) Nothing in this section shall prevent Parliament from conferring functions on persons or authorities other than the President.

48.     Command of armed forces

          (1) The supreme command of the armed forces of the Republic shall vest in the President and he or she shall hold the office of Commander in Chief.

          (2) The powers conferred on the President by subsection (1) of this section shall include-

    (a)     the power to determine the operational use of the armed forces;

    (b)     the power to appoint members of the armed forces, to make appointments on promotion to any office in the armed forces and to dismiss any member of the armed forces.

          (3) The President may, by directions in writing and subject to such conditions as he or she may think fit, delegate to any member of the armed forces any of the powers mentioned in subsection (2) of this section.

          (4) Parliament may regulate the exercise of the powers conferred by or under this section.

49.     Functions of Vice-President

          The Vice-President shall be the principal assistant of the President in the discharge of his or her executive functions and shall be responsible, under the directions of the President, for such business of the government of Botswana (including the administration of any department of Government) as the President may assign to him or her.

50.     Functions of Cabinet Ministers and Assistant Ministers

          (1) The Cabinet shall be responsible for advising the President with respect to the policy of the Government and with respect to such other matters as may be referred to it by the President and shall, subject to the provisions of this Constitution, be responsible to the National Assembly for all things done by or under the authority of the President, Vice-President or any Minister in the execution of his or her office.

          (2) The President shall, so far as practicable and subject to the provisions of this Constitution, consult the Cabinet on matters of policy and the exercise of his or her functions.

          (3) The obligation of the President to consult his or her Cabinet and for the Cabinet to accept responsibility under this section shall not apply to the exercise by the President of his or her powers in relation to the appointment or removal of the Vice-President, Ministers and Assistant Ministers, the dissolution of Parliament, the Prerogative of Mercy, the assignment of responsibility to the Vice-President or any Minister and the specification of the functions of an Assistant Minister.

          (4) A Minister shall be responsible, under the direction of the President, for such business of the government of Botswana (including the administration of any department of Government) as the President may assign to him or her.

          (5) An Assistant Minister shall-

    (a)     assist the President or the Vice-President in the discharge of such of the functions of the office of President or Vice-President as the President may specify; or

    (b)     assist such Minister in the discharge of the functions assigned to him or her under subsection (4) of this section as the President may specify.

51.     Attorney-General

          (1) There shall be an Attorney-General appointed by the President whose office shall be a public office.

          (2) A person shall not be qualified to be appointed to the Office of Attorney-General unless he or she is qualified to be appointed to the Office of a Judge of the High Court.

          (3) The Attorney-General shall be the principal legal adviser to the Government.

          (4) A person holding the Office of Attorney-General shall vacate his or her office when he or she attains the age of 60 years or such other age as may be prescribed by Parliament.

51A.  Director of Public Prosecutions

          (1) There shall be a Director of Public Prosecutions appointed by the President whose office shall be a public office and who shall be subject to the administrative supervision of the Attorney-General.

          (2) A person shall not be qualified to be appointed to the Office of Director of Public Prosecutions unless he or she is qualified to be appointed to the Office of a Judge of the High Court.

          (3) The Director of Public Prosecutions shall have power in any case in which he or she considers it desirable to do so-

    (a)     to institute and undertake criminal proceedings against any person before any court (other than a court martial) in respect of any offence alleged to have been committed by that person;

    (b)     to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

    (c)     to discontinue, at any stage before judgment is delivered, any such criminal proceedings instituted or undertaken by himself or herself or any other person or authority.

          (4) The powers of the Director of Public Prosecutions under subsection (3) may be exercised by him or her in person or by officers subordinate to him or her acting in accordance with his or her general or special authority.

          (5) For the purposes of this section any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings:

          Provided that the power conferred on the Director of Public Prosecutions by subsection (3)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such person.

          (6) In the exercise of the functions vested in him or her by subsection (3) of this section the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority:

          Provided that-

    (a)     where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority, and with the leave of the court; and

    (b)     before exercising his or her powers in relation to cases considered by the Attorney-General to be of national importance, the Director of Public Prosecutions shall consult the Attorney-General.

52.     Permanent Secretaries

          Where any Minister has been charged with responsibility for any department of Government, he or she shall exercise general direction and control over that department and, subject to such direction and control, the department shall be under the supervision of a Permanent Secretary whose office shall be a public office.

53.     Prerogative of Mercy

          The President may-

    (a)     grant to any person convicted of any offence a pardon, either free or subject to lawful conditions;

    (b)     grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence;

    (c)     substitute a less severe form of punishment for any punishment imposed on any person for any offence; and

    (d)     remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Government on account of any offence.

54.     Advisory Committee on Prerogative of Mercy

          (1) There shall be an Advisory Committee on the Prerogative of Mercy which shall consist of-

    (a)     the Vice-President or a Minister appointed by the President by instrument in writing under his or her hand;

    (b)     the Attorney-General; and

    (c)     a person qualified to practise in Botswana as a medical practitioner, appointed by the President by instrument in writing under his or her hand.

          (2) A member of the Committee appointed under subsection (1)(a) or (c) of this section shall hold his or her seat thereon for such period as may be specified in the instrument by which he or she was appointed:

          Provided that his or her seat shall become vacant-

     (i)     in the case of a person who, at the date of his or her appointment, was the Vice-President or a Minister, if he or she ceases to be the Vice-President or a Minister; or

     (ii)     if the President, by instrument in writing under his or her hand, so directs.

          (3) The Committee shall not be summoned except by the authority of the President who shall, as far as is practicable, attend and preside at all meetings of the Committee, and, in the absence of the President, the member of the Committee appointed under subsection (1)(a) of this section shall preside.

          (4) The Committee may act notwithstanding any vacancy in its membership 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.

          (5) Subject to the provisions of this section, the Committee may regulate its own procedure.

55.     Functions of Advisory Committee on Prerogative of Mercy

          (1) Where any person has been sentenced to death for any offence, the President shall cause a written report of the case from the trial judge, together with such other information derived from the record of the case or elsewhere as he or she may require, to be considered at a meeting of the Advisory Committee on the Prerogative of Mercy; and after obtaining the advice of the Committee he or she shall decide whether to exercise any of his or her powers under section 53 of this Constitution.

          (2) The President may consult with the Committee before deciding whether to exercise any of his or her powers under the said section 53 in any case not falling within subsection (1) of this section.

56.     Constitution of offices

          Subject to the provisions of this Constitution and of any Act of Parliament, the powers of constituting and abolishing offices for Botswana shall vest in the President.