Copyright Government of Botswana 
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.  (6) The decisions of the Commission shall be by the vote of a majority of the members present, and in the event of an equality of votes, the Chairman shall have a casting vote. 104. Appointment, etc., of judicial officers   (1) Power to appoint persons to hold or act in offices to which this section applies, to exercise disciplinary control over persons holding or acting in such offices and to remove such persons from office shall vest in the President acting in accordance with the advice of the Judicial Service Commission.  (2) The offices to which this section applies are-  (a) the office of Registrar of the Court of Appeal and High Court;  (b) all offices of magistrate;  (c) such other offices of President or member of any court or connected with any court as may be prescribed by or under an Act of Parliament.  (3) In this section references to a court do not include references to a court martial. PART IV Interpretation of the Constitution (ss 105-106) 105. Reference to High Court of cases involving interpretation of Constitution   (1) Where any question as to the interpretation of this Constitution arises in any proceedings in any subordinate court and the court is of the opinion that the question involves a substantial question of law, the court may, and shall, if any party to the proceedings so requests, refer the question to the High Court.  (2) Where any question is referred to the High Court in pursuance of this section, the High Court shall give its decision upon the question and the court in which the question arose shall, subject to any appeal, dispose of the case in accordance with that decision. 106. Appeal to Court of Appeal   An appeal shall lie as of right to the Court of Appeal from any decision of the High Court which involves the interpretation of this Constitution, other than a decision of the High Court under section 69(1) of this Constitution:  Provided that no appeal shall lie from a determination of the High Court under this section dismissing an application on the ground that it is frivolous or vexatious. PART V Judicial Committee (s 107: repealed) 107. [Repealed.]  CHAPTER VII The Public Service (ss 108-116)  108. Power to specify qualifications for certain offices   Subject to the provisions of this Constitution and of any Act of Parliament, power to specify the qualifications and disqualifications for holding such public offices as he or she may constitute shall vest in the President. 109. 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