CHAPTER 72:01
BOTSWANA POSTAL SERVICES

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Establishment of Botswana Postal Services and Board of Management

 

   3.   Establishment of Botswana Postal Services

 

   4.   Establishment of Board

 

   5.   Resignation and removal from office

 

   6.   Tenure of office

 

   7.   Payment of members

 

 

 

PART III
Meetings and Proceedings of Board

 

   8.   Meetings

 

   9.   Signification of documents

 

 

 

PART IV
Officers, Employees and Agents of the Post

 

   10.   Appointment of officers and employees

 

   11.   Delegation to committee

 

 

 

PART V
Functions, Powers and Duties of the Post

 

   12.   Functions and powers

 

   13.   ...

 

   14.   Co-operation with authorities

 

   15.   Research and records

 

   16.   Power of Minister to give directions

 

 

 

PART VI
Finances

 

   17.   Principles of financial operations

 

   18.   ...

 

   19.   Borrowing powers

 

   20.   ...

 

   21.   Accounts and audit

 

 

 

PART VII
General

 

   22.   Annual report

 

   23.   Compulsory acquisition of land

 

   24.   Resettlement measures

 

   25.   Compensation for loss or damage

 

   26.   Power to call for information

 

   27.   ...

 

   28.   ...

 

 

 

PARTS VIII - X
(Deleted 16 of 2012)

 

 

 

PART XI
Miscellaneous

 

   62.   Limitation of liability

 

   63.   ...

 

   64.   Regulations

 

   65.   Transitional provisions

 

 

Act 22, 1989,
S.I. 2, 1990,
Act 16, 2012,
S.I. 4, 2013.

An Act to provide for the establishment of an organization to be known as the Botswana Postal Services for the provision, development, operation and management of postal services and for matters connected therewith or incidental thereto.

[Date of Commencement: 6th October, 1989]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Botswana Postal Services Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "financial year" means the year ending on 31st March in each year;

   "franking machine" ...;

   "money order" ...;

   "postage stamp" or "stamp" ...;

   "postal article" ...;

   "postal order" ...;

   "postal service" means a service performed and facilities provided in connection with-

 

   (a)   the collection, transmission and delivery of postal articles by whatever means of transportation from one place to another whether within or outside Botswana;

 

   (b)   the issue of postage stamps and the use of franking machines; and

 

   (c)   the issue or repayment of money orders or postal orders for the remittance of money through the Botswana Postal Services; and

   "senior officer" means any employee of the Botswana Postal Services who holds a position which is so designated by the Board.

PART II
Establishment of Botswana Postal Services and Board of Management (ss 3-7)

 

3.   Establishment of Botswana Postal Services

   There is hereby established Botswana Postal Services (referred to in this Act as "the Post"), as a body corporate with full capacity to sue or be sued in its own name, and to do all such things as bodies corporate may, by law, do and as may be necessary or incidental to the exercise of its powers and the performance of its functions under this Act.

 

4.   Establishment of Board

   (1) There is hereby established a Board of Management of the Botswana Postal Services (hereinafter referred to as the Board) which shall have such powers in relation to the overall management and control of the Post as may be specified in this Act.

   (2) The Board shall consist of the following members appointed by the Minister-

 

   (a)   the Chairman;

 

   (b)   the Director General of the Botswana Postal Services appointed under section 10 who shall be an ex-officio member; and

 

   (c)   not less than 5 nor more than 7 other persons who in the opinion of the Minister have knowledge and experience likely to contribute to the successful management of the Post.

   (3) A person shall not be competent to be appointed or to act as a member of the Board if he-

 

   (a)   is a member of the National Assembly;

 

   (b)   is an employee of the Post;

 

   (c)   has been declared insolvent or bankrupt under any law in any country and has not been discharged, or made a composition with his creditors and has not paid his debts in full.

 

5.   Resignation and removal from office

   (1) Any member of the Board, other than the Director General, may resign his membership of the Board by notice in writing to the Minister.

   (2) A member of the Board may be removed from membership thereof by the Minister if-

 

   (a)   any circumstances arise, which, if he were not a member, would cause him to be disqualified for appointment as a member of the Board under section 4(2);

 

   (b)   he becomes of unsound mind;

 

   (c)   he suspends payment of his debts or compounds with his creditors;

 

   (d)   he is absent from 3 consecutive meetings of the Board without such reason as appears to the Minister to be sufficient;

 

   (e)   he is sentenced to imprisonment without the option of a fine or is convicted of an offence involving dishonesty;

 

   (f)   is guilty of serious misconduct in relation to his duties as Chairman or member of the Board; or

 

   (g)   in the case of a person possessed of professional qualifications, he is disqualified or suspended, otherwise than at his own request, from practising his profession in Botswana, or in any other country, by ord

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