The prospect of a Cabinet Minister facing criminal investigation is unusual in Botswana, but it raises an important question: what should happen to a Minister while allegations are investigated or prosecuted? The starting point should not be the allegations. It should be the Constitution.
A Minister is not an employee of Government in the ordinary sense. The Constitution establishes ministerial office as part of the Executive, with its own framework for appointment, tenure and removal. Section 42(3) provides for appointment by the President from among Members of the National Assembly, and section 43 sets out when ministerial office becomes vacant, including removal.
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