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              [html]<thead><tr><td></td><td>that the President is unable to authorize another person under this section to perform the functions of his or her office ; or</td></tr></thead><tbody><tr><td>( b )</td><td>the Vice - President is by reason of physical or mental infirmity unable to discharge the functions of his or her office.</td></tr><tr><td>shall, in respect of any period for which it is in force, be conclusive and shall not be</td><td>questioned in any court :</td></tr><tr><td>Provided that any such certificate as is referred to in paragraph ( a ) of this subsection shall casse to have effect if the President notifies any person under</td><td>subsection ( 4 ) of this section that he or she is about to resume the functions of the office of President.</td></tr><tr><td>37. Oath of President</td><td>A person assuming the office of President shall, before entering upon the duties</td></tr><tr><td>of that office, take and subscribe such caths as may be prescribed by Parliament 38. Returning officer at elections of President</td><td>( 1 ) The Chief ulce shall be the returning officer for the purposes of elections to</td></tr><tr><td>the office of President.</td><td>( 2 ) Any question which may arise as to whether -</td></tr><tr><td>( a )</td><td>any provision of this Constitution or any law relating to the election of a</td></tr><tr><td>President under section 32 or 35 of this Constitution has been complied with ; or</td><td>( b )</td></tr><tr><td>any person has been validly elected as President under those sections,</td><td>shall be referred to and determined by the returning officer whose decision shall not be questioned in any court.</td></tr><tr><td>39. Vice President</td><td>( 1 ) There shall be a Vice - President who shall be appointed by the President from</td></tr><tr><td>among the Elected Members of the National Assembly who are citizens of Botswana by</td><td>birth or descent, which appointment shall be endorsed by the said Elected Members. ( 2 ) The Vice - President shall continue in office until a person elected at the next</td></tr><tr><td>election of President under section 32 or 35 of this Constitution assumes office :</td><td>Provided that the office of Vice - President shall become vacant -</td></tr><tr><td>( i )</td><td>if the appointment of the holder of the office is revoked by the President ; or</td></tr><tr><td>( ii ) if the holder of the office ceases to be a Member of the National Assembly for</td><td>any other reason than a dissolution of Parilament.( 3 ) The Vice - President shall not enter upon the duties of his or her office unleas</td></tr><tr><td>he or she has taken and subscribed the oath of allegiance and such oath for the due execution of his or her office as may be prescribed by Parliament.</td><td>( 4 ) If the Vice - President is absent from Botswana or is incapable by reason of</td></tr><tr><td>iliness or any other cause of discharging the functions of his or her office, the President</td><td>may appoint a person, from among the Members of the Assembly. to perform the</td></tr><tr><td>functions of the office of Vice - Preoident and any person so appointed may discharge</td><td>those functions accordingly :</td></tr><tr><td>Provided that a person appointed under this subsection shall cease to perform</td><td>the functions of the office of Vice - President -</td></tr><tr><td>( i )</td><td>if his or her appointment is revoked by the President ;</td></tr><tr><td>( ii ) if he or she ceases to be a Member of the Assembly otherwise than by reason of a dissolution of Parliament ;</td><td>( iii )</td></tr><tr><td>upon the assumption by any person of the office of President ; or</td><td>( iv )</td></tr><tr><td>upon the President giving him or her notice that the Vice - President is about to resume his or her functions.</td><td>( 5 ) Where the Vice - President is performing the functions of the office of President</td></tr><tr><td>in accordance with section 35 or 36 of this Constitution he or she may appoint a person.</td></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr><tr></tr></tbody>
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