CHAPTER 42:09
TOURISM

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Tourism Industry Licensing Committee

 

   3.   Establishment of Tourism Industry Licensing Committee

 

   4.   Membership of Committee

 

   5.   Director of Tourism as Chairperson of Committee

 

   6.   Powers and functions of Committee

 

   7.   Tenure of office

 

   8.   Disqualification, removal, suspension, and resignation

 

   9.   Vacation of office

 

   10.   Meetings of Committee

 

   11.   Co-option of advisory personnel to Committee

 

   12.   Disclosure of interest

 

   13.   Confidentiality

 

   14.   Remuneration of Committee members

 

 

 

PART III
Licensing and classification of tourist enterprises

 

   15.   Licensing of tourist enterprises

 

   16.   Categories of tourist enterprises

 

   17.   Application for licence

 

   18.   Duration of licence

 

   19.   Amendment, transfer or duplication of licence

 

   20.   Persons in charge of tourist enterprise

 

   21.   Suspension of licence

 

   22.   Revocation of licence

 

   23.   Reservation of certain licences for citizens

 

   24.   Proof of shareholding

 

 

 

PART IV
Miscellaneous provisions

 

   25.   Safety and sanitation

 

   26.   Power to enter premises or land

 

   27.   Appeals to the Minister

 

   28.   Indemnity

 

   29.   Other offences

 

   30.   Regulations

 

   31.   Amendment of Schedule

 

   32.   Savings

 

 

 

      SCHEDULE

 

 

Act 22, 1992,
S.I. 12, 2007,
S.I. 29, 2009,
Act 16, 2009,
S.I. 43, 2010,
S.I. 78, 2013,
S.I. 104, 2013
S.I. 113, 2015.

An Act for licensing and regulating the tourist industry with a view to promoting its development and well-being.

[Date of Commencement: 30th April, 2010]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Tourism Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "Committee" means the Tourism Industry Licensing Committee established under section 3;

   "Director" means any person holding the public office of Director of Tourism;

   "licence" means a licence for a tourist enterprise issued under section 17;

   "police officer "includes an officer of the Botswana Police Service;

   "tourist enterprise" means an enterprise or activity specified in the Schedule, undertaken by a person, or a firm, for the purpose of, or to promote or facilitate, tourism in Botswana in return for financial reward.

PART II
Tourism Industry Licensing Committee (ss 3-14)

 

3.   Establishment of Tourism Industry Licensing Committee

   There is hereby established a body to be known as the Tourism Industry Licensing Committee.

 

4.   Membership of Committee

   The Committee shall consist of the Director and five other members appointed by the Minister from persons in the public and private sector, who in his or her opinion are suitable and qualified to assist in the performance of the functions of the Committee and the execution of its duties.

 

5.   Director of Tourism as Chairperson of Committee

   The Director shall be the chairperson of the Committee and he or she may nominate any other member of the Committee to act as chairperson on any occasion when he or she is unable to attend meetings of the Committee.

 

6.   Powers and functions of Committee

   (1) The Committee shall have power-

 

   (a)   to determine whether or not a licence should be issued for any particular tourist enterprise;

 

   (b)   to decide whether or not to cancel or suspend a licence for good cause;

 

   (c)   to determine whether or not a licence should be amended or transferred.

   (2) For the purpose of licensing and monitoring tourist enterprises, the Director shall carry out, or cause to be carried out, such inspections of documents or building plans, or of buildings and sites, with or without the assistance of other officials, such as planners or health inspectors, as he or she may consider necessary, and shall make a report thereon to the Committee together with his or her recommendations.

 

7.   Tenure of office

   Members of the Committee shall be appointed for periods of three years, but shall be eligible for re-appointment.

 

8.   Disqualification, removal, suspension, and resignation

   (1) No person shall be appointed as a member of the Committee 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, been convicted-

 

      (i)   of a criminal offence within 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.

   (2) The Minister shall, in writing, suspend from office a member against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment may be imposed, and whilst that member is so suspended, he or she shall not carry out any duties or be entitled to any remuneration or allowances as a member of the Committee.

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

 

   (a)   is absent without reasonable cause from three consecutive meetings of the Committee 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 Committee;

 

   (d)   has failed to comply with the provisions of section 13;

 

   (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

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