CHAPTER 70:01
BOTSWANA RAILWAYS

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Establishment, Constitution and Membership of Organization

 

   3.   Establishment of Organization and legal personality

 

   4.   Composition of Organization

 

   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 Organization

 

   10.   Appointment of officers and employees

 

   11.   Delegation to committee

 

 

 

PART V
Functions, Powers and Duties of Organization

 

   12.   Functions and powers

 

   13.   Exclusive privilege of Organization

 

   14.   Co-operation with authorities

 

   15.   Research and records

 

   16.   Powers of Minister to give directions

 

 

 

PART VI
Finance

 

   17.   Principles of financial operations

 

   18.   Fixing of tariffs and surplus funds

 

   19.   Borrowing powers

 

   20.   Vesting of property in Organization

 

   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

 

   26A.   Confidentiality

 

   26B.   Powers of arrest

 

   27.   Power to make bye-laws, etc.

 

   28.   Protection from personal liability

 

   29.   Power to make regulations

 

   30.   Transitional provisions

 

   31.   Application of certain laws

 

 

Act 22, 1986,
S.I. 104, 1987,
Act 22, 2004.

An Act to provide for the establishment of an Organization to be known as the Botswana Railways for the provision and operation of railway services and for matters connected therewith or incidental thereto.

[Date of Commencement: 1st October, 1987]

PART I
Preliminary
(ss 1-2)

 

1.   Short title

   This Act may be cited as the Botswana Railways Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "contiguous railways" means any railway outside Botswana to which traffic can travel, to and from Botswana, in the same rail vehicle;

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

   "former owners" means the National Railways of Zimbabwe or the Railways Unitary System Board of Management so far as they relate to assets within the borders of Botswana;

   "Organization" has the meaning assigned to it under section 3;

   "private siding" means any line of railway which is connected to, or is contiguous with, Botswana Railways, other than such connections at the national borders, which has been constructed on land not owned or leased by Botswana Railways, for the specific purpose of facilitating rail transport access to premises or works situated on that land;

"railway jurisdiction" means any property of the Organization and includes any of the following which belong to the Organization, namely, buildings, offices, premises, warehouses, trains, locomotives, carriages, wagons, railway yards, railway tracks and the adjoining land;

   "railways services" means the conveyance of passengers, parcels and goods traffic by rail or road in accordance with the provisions of this Act;

   "senior officer" means any employee of the Organization who holds a position which is designated as such by the Board.

PART II
Establishment, Constitution and Membership of Organization
(ss 3-7)

 

3.   Establishment of Organization and legal personality

   (1) There is hereby established a commercial enterprise of the Government of Botswana to be known as the Botswana Railways Organization (in this Act referred to as "the Organization").

   (2) Notwithstanding any other law to the contrary, all legal proceedings by or against the Organization shall be instituted by or against the Botswana Railways in its own name, and the necessary service of process shall be effected on the general manager of the Organization.

   (3) Sections 3 and 6 of the State Proceedings (Civil Actions by or against Government or Public Officers) Act shall not apply to actions by or against Botswana Railways.

 

4.   Composition of Organization

   (1) There is hereby established a Board of Management (hereinafter referred to as "the Board") which shall consist of the following members appointed by the Minister-

 

   (a)   the chairman;

 

   (b)   the general manager of the Organization appointed under section 10, ex officio; and

 

   (c)   not less than five or more than nine other persons who in the opinion of the Minister have knowledge and experience likely to contribute to the successful management of the Organization.

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

 

   (a)   he is a Member of the National Assembly;

 

   (b)   he is an employee of the Organization;

 

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

 

   (d)   he or she has been convicted of an offence involving dishonesty, or commits an act of misconduct which, in the opinion of the Minister, renders him or her unfit to hold office as a member of the Board.

 

5.   Resignation and removal from office

   (1) Any member of the Board, other than the general manager, may resign from the Board by notice in writing addressed to the Minister.

   (2) A member of the Board may be removed from the Board if-

 

   (a)   ceases to hold the office by virtue of which he was appointed;

 

   (b)   becomes of unsound mind;

   (c)      is declared insolvent or bankrupt under any law in force in any country;

 

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

 

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

 

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

 

   (g)   in the case of a person possessed of professional qualifications, is disqualified or suspended, otherwise than at his own request, from practising his profession in Botswana or in any other country by order of any competent authority made in respect of him personally.

 

6.   Tenure of office

   (1) A member of the Board, other than the chairman and the general manager, shall hold office for such period, not exceeding four years, as may be specified in the notice appointing him, and on the expiration of such period shall be eligible for reappointment:

   Provided that in appointing members of the Board, the Minister shall specify such periods of appointment so that the periods of appointment of not more than one-third of the members shall expire in any one year.

   (2) The chairman of the Board shall hold office as chairman for a period of three years, and may be re-appointed for any further periods of three years.

   (3) The Board shall once in every year elect from among its members (other than the ex officio member) a vice-chairman who shall hold office as vice-chairman for a period of one year.

   (4) Subject to the provisions of this Act, where any member of the Board is incapacitated by absence from Botswana, or illness or an

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