CHAPTER 69:02
MOTOR VEHICLE ACCIDENT FUND

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

PART II
Establishment of Fund

   3.   Continuance of Motor Vehicle Accident Fund

   4.   Purpose of Fund

   5.   Establishment of Board of Fund

   6.   Membership of Board

   7.   Disqualification for appointment as Board member

   8.   Vacation of office by Board members

   9.   Removal and suspension of member from office

   10.   Filling of vacancies of Board

   11.   Payment of Board members

PART III
Meetings and Proceedings of Board

   12.   Meetings of Board

   13.   Declaration of interest by Board Members

   14.   Signification of documents

PART IV
Officers and Staff of Fund

   15.   Appointment of Chief Executive Officer and other staff

PART V
Powers, functions and duties of Fund

   16.   Powers of Fund

PART VI
Financial provisions

   17.   Monies of the Fund

   18.   Accounts and audit

   19.   Annual report

PART VII
Liability of Fund

   20.   Liability of Fund

   21.   Trusts

   22.   Limitations of liability

   23.   Exclusions of liability

   24.   Claimant's other rights reserved

   25.   Responsibility to report accidents

   26.   Procedure for making claims

   27.   Legal proceedings

   28.   Order for interest or costs by court

   29.   Prescription of right to claim

   30.   Right of recovery

   31.   Evidence and presumptions

PART VIII
Miscellaneous Provisions

   32.   Regulations

   33.   Repeal of Cap. 69:02

   34.   Savings

   35.   Transitional provisions

Act 15, 2007,
S.I. 65, 2008.

An Act to provide for the establishment, management and administration of the Motor Vehicle Accident Fund; to provide for the compensation, care, benefits, medical management and rehabilitation of victims of motor vehicle accidents; to provide third party insurance cover to drivers and owners of motor vehicles and for matters incidental thereto and connected therewith.

[Date of Commencement: 1st August, 2008]

PART I
Preliminary (ss 1-2)

1.   Short title

   This Act may be cited as the Motor Vehicle Accident Fund Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "Board" means the Board of the Motor Vehicle Accident Fund established under section 5;

   "Chief Executive Officer" and "Deputy Chief Executive Officer" mean the head of the Fund and his or her deputy respectively appointed in accordance with subsections (1) and (6) of section 15;

   "claimant" means any person who has suffered loss as a result of personal injury or death caused by a vehicle accident, and who makes a claim to the Fund in respect of that loss;

   "conveyed", in relation to the conveyance of a person in a vehicle, includes being in the act of entering or mounting the vehicle for the purpose of being so conveyed, or being in the act of alighting therefrom after having been so conveyed;

   "defect", in relation to a vehicle, means any remediable fault in the tyre or in the steering, braking or seat belt mechanism or any part thereof, and "defective" shall have a corresponding meaning;

   "dependant", in relation to a person involved in a vehicle accident, means any person being a spouse or minor child of such person, or a person with disabilities or indigent person, who is entitled upon proof of dependency, to monetary maintenance from such person;

   "Fund" means the Motor Vehicle Accident Fund established under section 3;

   "hospital" includes a nursing home, clinic and any other institution offering medical, rehabilitative, therapeutic or physiotherapy care or treatment;

   "health practitioner" means a medical practitioner and an allied or health professional as defined in the Botswana Health Professions Act, and any other person concerned with the restoration of the physical or mental function of any person and registered in Botswana in terms of the said Act;

   "Minister" means the Minister of Finance and Development Planning;

   "minor" means a person below the age of 21 years;

   "motor vehicle" means any vehicle, designed or adapted for propulsion or haulage on a road by means of power, excluding exclusively human or animal power, without the aid of rails, and includes any trailer designed to be drawn by a vehicle; and, notwithstanding the foregoing, includes an animal drawn cart where a vehicle accident involves a collision between such cart and another vehicle as defined by the first part of this definition;

   "offer" includes an offer made without prejudice to rights reserved;

   "owner" in relation to–

   (a)   a vehicle which a dealer has in his or her possession in the course of business, means that dealer;

   (b)   a vehicle which is the subject of a hire-purchase agreement, means the purchaser under the agreement in question; and

   (c)   a vehicle which is leased under an agreement of lease for a period of at least six months, means the lessee concerned;

   "public office" and "public officer" have the meanings assigned to them under the Constitution;

   "seat belt" includes the mechanism by which the seat belt operates;

   "special circumstances" shall not include any element of neglect, negligence, omission or ignorance;

   "vehicle" means a motor vehicle;

   "vehicle accident" means any occurrence in which a vehicle is involved resulting in injury to or the death of any person.

PART II
Establishment of Fund (ss 3-11)

3.   Continuance of Motor Vehicle Accident Fund

   (1) The Motor Vehicle Accident Fund, established in terms of section 3 of the Act repealed under section 33, shall continue to exist as if established under this Act.

   (2) The Motor Vehicle Accident Fund is 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.   Purpose of Fund

   (1) The purpose for which the Fund is established is–

   (a)   to provide compensation in the form of benefits as defined in section 20;

   (b)   to provide third party insurance cover to drivers and owners of motor vehicles in accordance with the provisions of section 20;

   (c)   to promote road safety and accident prevention; and

   (d)   to deal with all matters incidental to the carrying out of paragraphs (a), (b) and (c).

   (2) For the purposes of this section, "third party insurance cover" means indemnity against bodily injury, or death, arising out of a motor vehicle accident, including claimant's costs, emergency treatment and hospital expenses.

5.   Establishment of Board of Fund

   There shall be a Board of the Motor Vehicle Accident Fund, constituted in accordance with section 6, in which, subject to the provisions of section 16, the powers and functions of the Fund shall be vested.

6.   Membership of Board

   (1) The Board shall consist of the following eight members who shall be appointed by the Minister, and three of whom shall not be public officers–

   (a)   one person who is a health practitioner;

   (b)   one person who possesses investment skills;

   (c)   one person who possesses road accident reconstruction or prevention skills or comes from the motor vehicle accident compensation industry;

   (d)   one attorney or advocate;

   (e)   one person who shall be a member of the Road Safety Committee, provided that such a person shall not be an employee of the Fund; and

   (f)   three other persons holding such qualifications and possessing such skills and experience as the Minister considers appropriate for the proper functioning of the Board.

   (2) The Minister shall appoint the Chairperson of the Board from amongst the eight members.

   (3) Each member shall be appointed for a term not exceeding three years, as the Minister may decide, and shall be eligible for reappointment.

7.   Disqualification for appointment as Board member

   A person shall be ineligible for appointment to the Board if he or she–

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

      (i)   been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged,

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

   (b)   has been convicted–

      (i)   in Botswana, of a criminal offence for which he or she has not received a free pardon, 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, with or 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;

   (c)   has been found guilty of unprofessional conduct by a competent tribunal, board or body legally constituted for the purpose of adjudicating on matters of discipline and conduct;

   (d)   is a member of Parliament;

   (e)   is a member of Council;

   (f)   has been certified as being mentally disordered;

   (g)   is a minor or other person under a legal disability; or

   (h)   has been dismissed from employment in the public service following a conviction for an offence involving moral turpitude.

8.   Vacation of office by Board members

   A member of the Board shall vacate his or her office and such office shall become vacant–

   (a)   if he or she becomes disqualified in terms of section 7 to hold office as a member of the Board;

   (b)   he or she is adjudged bankrupt or insolvent;

   (c)   he or she is absent from two consecutive meetings of the Board without reasonable cause;

   (d)   upon his or her death;

   (e)   is a member of Council;

   (f)   upon the expiry of one month's notice, given in writing to the Minister, of his or her intention to resign his or her office;

   (g)   upon the expiry of such time as the Minister may specify in writing, notifying him or her of his or her removal from office by the Minister;

   (h)   if he or she becomes mentally or physically incapable of performing his or her duties as a member of the Board;

   (i)   if he or she is convicted in Botswana, of a criminal offence under this Act or under any other Act for which he or she is sentenced to a term of imprisonment with or without the option of a fine, whether that term is suspended or not, or if he or she is convicted outside Botswana, of an offence which, if committed in Botswana, would have been a criminal offence the prescribed punishment for which would be imprisonment, with or without the option of a fine, and whether that sentence has been suspended or not.

9.   Removal and suspension of member from office

   (1) The Minister may, if he or she is satisfied that a member of the Board has acted improperly as such member, or is mentally or physically incapable of performing his or her duties efficiently, require that member, in writing, to vacate his or her office within such time as the Minister may specify.

   (2) The Minister shall, in writing, suspend from office, a member of the Board 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 Board.

10.   Filling of vacancies of Board

   On the death of, or the vacating of office by, a member of the Board, the Minister shall, as soon as possible, appoint a person, in accordance with the provisions of section 6, for the remaining period of office of such deceased or vacating member.

11.   Payment of Board members

   A member of the Board sha

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