CHAPTER 17:01
STATISTICS

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Statistics Botswana

 

Establishment and Functions of Statistics Botswana

 

   3.   Establishment of Statistics Botswana

 

   4.   Functions of Statistics Botswana

 

   5.   Seal of Statistics Botswana

 

 

 

Constitution and Qualifications of Board

 

   6.   Constitution of Board

 

   7.   Tenure of office

 

   8.   Qualifications, removal and resignation of members of Board

 

   9.   Filling of vacancy

 

   10.   Remuneration

 

   11.   Strategic and annual plan

 

 

 

Meetings and Proceedings of Board

 

   12.   Election of Vice Chairperson

 

   13.   Meetings of the Board

 

   14.   Declaration of interest

 

   15.   Committees of Board

 

   16.   Meetings of committees

 

   17.   Direction by Minister

 

 

 

The Statistician General and Staff of Statistics Botswana

 

   18.   Appointment of Statistician General

 

   19.   Staff of Statistics Botswana

 

   20.   Oath of secrecy

 

   21.   Indemnity

 

 

 

Financial and Accountability Provisions

 

   22.   Funds of Statistics Botswana

 

   23.   Financial Year

 

   24.   Accounts and audit

 

   25.   Annual report

 

 

 

PART III
National Statistical System, Official Statistics and Principles of Official Statistics

 

   26.   Operation of National Statistical System

 

   27.   Appointment and functions of committees

 

   28.   Official statistics

 

   29.   Principles of official statistics

 

 

 

PART IV
Data and Information Collection

 

   30.   Carrying out statistical collection without authorisation prohibited

 

   31.   Matters for which statistics may be collected

 

   32.   Duty to furnish required information

 

   33.   Duty of individuals to answer questions

 

   34.   Erection of barriers on roads

 

   35.   Conducting of statistical business

 

   36.   Entry and inspection of premises

 

 

 

PART V
Confidentiality and Disclosure Requirements

 

   37.   Disclosure of information prohibited

 

   38.   Disclosure of statistical information to international agencies

 

   39.   Dutytonotifyastodescriptionof businesses for which returns are required

 

   40.   Authentication of forms, notices and other documents

 

 

 

PART VI
Access to Records

 

   41.   Access to public and other records

 

   42.   Database under Income Tax Act

 

   43.   Database of exports and imports

 

   44.   Returns of criminal records

 

   45.   Data dissemination and accessibility

 

   46.   Security of recorded information

 

   47.   Review of other data by Statistician General

 

   48.   Letters, etc. as to Statistics to be transmitted post free

 

 

 

PART VII
Miscellaneous

 

   49.   Offences and penalties

 

   50.   Regulations

 

   51.   Transitional arrangements

 

   52.   Repeal of Cap.17:01 and Savings

 

 

 

      SCHEDULE I: Oath of Office and Secrecy

 

      SCHEDULE II: Statistics Subjects

 

Act 38, 1967,
Act 40, 1969,
Act 15, 2009,
S.I. 113, 2010.

An Act to establish a body corporate to be known as Statistics Botswana; to require that official statistics be produced by means of a process that is guided by the National Statistical System; to provide principles for the production and dissemination of official statistics; and for matters incidental thereto.

[Date of Commencement: 1st December, 2010 ]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Statistics Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "agency" means a component of the National Statistical System that is carrying on statistical business;

   "authorised officer" means-

 

   (a)   any officer of Statistics Botswana or the public service holding office of statistician; or

 

   (b)   any person authorised in writing by the Statistician General to perform a relevant function;

   "Board" means the Board of Directors of Statistics Botswana constituted under section 6;

   "business" means an activity carried on in the commercial, industrial or service sector, whether or not for profit, by any person or entity in the public or private sector, and includes branches of a business;

   "census" means the collection of statistical data relating to-

 

   (a)   population and housing;

 

   (b)   enterprises and establishments;

 

   (c)   agricultural activities; or

 

   (d)   any other subject as Statistics Botswana may determine.

   "Chairperson" means the Chairperson of the Board appointed under section 6;

   "contractor" means a person appointed under contract to carry out, on behalf of the Statistician General, duties relating to the collection, compilation, analysis, abstraction, publication, archiving and dissemination of statistical information;

   "document" means a-

 

   (a)   form, questionnaire, schedule, notice or report whether in print, electronic, photographic or hand written form;

 

   (b)   documentary recording or transcribed computer printout or record capable of being produced as a printout by a mechanical or electronic device; or

 

   (c)   medium or device by means of which information is recorded or stored;

   "metadata" means information about data;

   "member" means a member of the Board appointed under section 6 (2) and includes the Chairperson;

   "National Statistical System" means a system consisting of Statistics Botswana and all producers and users of statistics in the nation, that shall facilitate cooperation and consultation for the purpose of the development of statistics and the production of official statistics under the oversight of Statistics Botswana as provided in section 26;

   "official statistics" means statistics produced under section 26;

   "respondent" means any individual or household or any government ministry, or institution, business or other organisations who or which supplies or is required to supply statistical information;

   "return" means a document completed by-

 

   (a)   a respondent; or

 

   (b)   an authorised officer of Statistics Botswana or of another government ministry or institution which produces statistics, for the purpose of producing official statistics;

   "senior officer" means an officer who holds-

 

   (a)   the position of head of division or unit of any division or unit of Statistics Botswana, or a position equivalent thereto; or

 

   (b)   an officer defined as a senior officer by the Statistician General and the Board; Statistics

   "statistical business" means the planning, collection, compilation, processing, analysis, publication, dissemination and archiving of statistics;

   "statistical collection" means the process, for purposes of official statistics, of-

 

   (a)   conducting a census or a sample survey; or

 

   (b)   collating administrative records or data for statistical business;

   "Statistician General" means the Chief Executive Officer of Statistics Botswana appointed under section 18;

   "statistics" means any aggregated numerical information, which is compiled and analysed according to sound and statistical methodology in accordance with accepted scientific principles, and is in connection with, or incidental to, any census or survey of all or any of the matters specified in Schedule II, and includes information derived from records of administration kept by line ministries, local authorities, and other agencies;

   "Statistics Botswana" means the body corporate established under section 3(1) as the pre-eminent national agency for the development and management of official statistics;

   "survey" includes a survey of persons whereby information is collected from all persons in a field of inquiry or from a sample thereof, wholly or primarily for statistical purposes;

   "System" means the National Statistical System.

PART II
Statistics Botswana (ss 3-25)

Establishment and Functions of Statistics Botswana

 

3.   Establishment of Statistics Botswana

   (1) There is hereby established a body to be known as Statistics Botswana.

   (2) Statistics Botswana shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its own name and, subject to the provisions of this Act, of performing such acts as bodies corporate may by law perform.

 

4.   Functions of Statistics Botswana

   (1) Statistics Botswana shall be-

 

   (a)   pre-eminent national agency responsible for the development and management of official statistics; and

 

   (b)   the official source and the custodian of official statistics in the country.

(2) Without derogating from the generality of subsection (1), the functions of Statistics Botswana shall be to-

 

   (a)   collect, process, compile, analyse, publish, disseminate and archive official statistics on-

 

      (i)   commercial, industrial, financial, agricultural, social, economic, environmental, energy, communication, and general activities; and

 

      (ii)   conditions of living of households;

 

   (b)   advise Government and other agencies on policy, procedures and regulations relating to the development of official statistics;

 

   (c)   collaborate with Government ministries, departments and other agencies in the collection, compilation, processing, publication, dissemination and archiving of statistical information including statistics derived from routine administrative activities;

 

   (d)   develop and promote the use of statistical standards and appropriate methodologies;

 

   (e)   conduct the population and housing census every 10 years and any other censuses such as agricultural, business censuses and surveys, as the Board may determine;

 

   (f)   organise and maintain a central depository of statistical reports, publications, documents and data from both within and outside Botswana;

 

   (g)   develop and maintain a business register for the purpose of creating a sampling frame;

 

   (h)   develop and maintain a comprehensive national socio- economic database;

 

   (i)   provide a focal point of contact with international agencies on statistical matters;

 

   (j)   provide the Minister with a progress report on activities of Statistics Botswana bi-annually;

 

   (k)   review the structure of Statistics Botswana as necessary; and

 

   (l)   do all such things as are necessary, incidental or conducive to the functions of Statistics Botswana under this Act.

   (3) Statistics Botswana shall, in carrying out its functions, exercise professional independence in the manner it collects, processes, analyses, reports, disseminates and archives statistical information in order to protect and enhance the integrity and impartiality of official statistics.

 

5.   Seal of Statistics Botswana

   (1) The seal of Statistics Botswana shall be such a device as may be determined by the Board and shall be kept by the Secretary of the Board.

   (2) The affixing of the seal shall be authenticated by the Chairperson of the Board and the Secretary or any other person authorised by a resolution of the Board.

   (3) Any contract or any agreement which, is entered into or executed by a person not being a body corporate, may be entered into or executed without the affixing of the seal.

Constitution and Qualifications of Board

 

6.   Constitution of Board

   (1) There shall be a Board of Directors constituted as provided in subsection (2), which shall be the governing and policy making body of Statistics Botswana.

   (2) The Board shall consist of nine persons appointed by the Minister, one of whom shall be a distinguished statistician and others be appointed in their capacity as senior officers of the following institutions-

 

   (a)   Ministry of Finance and Development Planning;

 

   (b)   Bank of Botswana;

 

   (c)   Botswana Unified Revenue Service;

 

   (d)   Ministry of Transport and Communications;

 

   (e)   a University in Botswana;

 

   (f)   Botswana Institute for Development Policy Analysis;

 

   (g)   Botswana Confederation of Commerce, Industry and Manpower; and

 

   (h)   a civil society organisation.

   (3) The Statistician General shall be ex-officio member of the Board.

   (4) The Minister shall appoint the Chairperson of the Board from members appointed under subsection (2).

   (5) The Board shall elect the Vice Chairperson from among their number.

 

7.   Tenure of office Statistics

   (1) A member of the Board shall hold office for the period specified in the instrument of his or her appointment, which shall not be more than five years.

   (2) If otherwise qualified, a member is eligible for reappointment.

 

8.   Qualifications, removal and resignation of members of Board

   (1) The Minister shall not appoint a person to be a member unless satisfied that the person has qualifications, knowledge of, or experience in, statistics, economics, demography, information technology, geo-information or any other relevant field and has proven managerial ability.

   (2) No person shall be appointed as a member or be qualified to continue to hold office who-

 

   (a)   has in terms of a law in force in any country-

 

      (i)   been adjudged or otherwise declared bankrupt and has not been discharged; or

 

      (ii)   made an assignment to, arrangement or composition with his or her creditors, which has not been rescinded or set aside;

 

   (b)   has, within the period of 10 years immediately preceding the date of his or her appointment, convicted-

 

      (i)   of a criminal offence in Botswana; or

 

      (ii)   outside Botswana, of an offence which if committed in Botswana, would have been a criminal offence,

and sentenced by a court of competent jurisdiction to imprisonment for six months or more without the option of a fine, whether that sentence has been suspended or not, and for which he or she has not received a free pardon.

   (3) The Minister shall remove from office a member if the member-

 

   (a)   is absent without reasonable cause from three consecutive meetings of the Board of which he or she has had notice;

 

   (b)   has been found to be physically or mentally incapable of performing his or her duties efficiently, and a medical doctor has issued a certificate to that effect;

 

   (c)   contravenes the provisions of this Act or otherwise misconducts himself or herself to the detriment of the objectives of the Board.

 

   (d)   has failed to comply with the provisions of section 14; or

 

   (e)   has been convicted of an offence under this Act, or under any other Act for which he or she is sentenced to imprisonment for a term of six months or more without an option of a fine.

   (4) A member may resign from office by giving 30 days notice in writing to the Minister.

   (5) The office of a member shall become vacant after-

 

   (a)   a period of 30 days from the date a ruling against the member is made on all appeals made in respect of charges levelled against him or her;

 

   (b)   a period of 30 days has elapsed from the date the member has given notice in writing to the Minister under subsection (4), of his or her intention to resign;

 

   (c)   a period of 30 days has elapsed from the date the member is given notice in writing by the Minister to vacate office; or

 

   (d)   a member is summarily dismissed by the Minister for contravening the provisions of this Act or for misconduct under subsection (3)(c).

   (6) For the purposes of subsection (3)(c) "misconduct" includes any act done without reasonable excuse by a member which-

 

   (a)   amounts to a failure to perform in a proper manner, and duty imposed on him or her as such;

 

   (b)   is pre-judicial to the efficient carrying out, the functions of the Board; or

 

   (c)   tends to bring the Board into disrepute.

 

9.   Filling of vacancy

   (1) Where the office of a member becomes vacant before the expiry of a member's term of office, the Minister shall appoint another person to be a member in the place of the member who vacates office, until the expiry of the period during which such member would have otherwise continued in office.

   (2) Subsection (1) shall not apply where the remaining period in office for the member vacating office is less than six months.

 

10.   Remuneration

   The members of the Board shall be paid out of the funds of Statistics Botswana such remuneration and allowances, if any, as the Minister may from time to time determine.

 

11.   Strategic and annual plan

   (1) The Board shall submit a five year strategic plan to the Minister outlining-

 

   (a)   the goals of Statistics Botswana;

 

   (b)   the objectives of Statistics Botswana;

 

   (c)   the budget of Statistics Botswana; and

 

   (d)   any other matter which the Minister may direct, for that five year period.

   (2) The Board shall, at least three months before the beginning of each financial year, submit an annual plan to the Minister, for the Minister's approval, outlining-

 

   (a)   the goals of Statistics Botswana;

 

   (b)   the objectives of Statistics Botswana;

 

   (c)   the budget of Statistics Botswana; and

 

   (d)   any other matter which the Minister may direct, for that financial year.

Meetings and Proceedings of Board

 

12.   Election of Vice Chairperson

   (1) At the first meeting of the Board, the members shall elect, from among their number, a Vice Chairperson who shall

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