CHAPTER 74:02
WATER UTILITIES CORPORATION

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

PART II
Establishment, Constitution and Membership of Corporation

   3.   Establishment of Corporation

   4.   Constitution

   5.   Resignation and removal from office

   6.   Tenure of office

   7.   Temporary and alternate members

   8.   Payment of members

PART III
Meetings and Proceedings of the Corporation

   9.   Presiding officer

   10.   Meetings

   11.   Signification of documents

PART IV
Officers, Employees and Agents of the Corporation

   12.   Appointment of officers and employees

   13.   Delegation to committee

PART V
Functions, Powers and Duties of the Corporation

   14.   Functions of the Corporation

   15.   Powers of the Corporation

   16.   Co-operation with authorities

   17.   Research and records

   18.   Power of the Minister to give directions

PART VI
Finances

   19.   Principles of financial operations

   20.   Assessment of charges

   21.   Borrowing powers

   22.   Vesting of property in the Corporation

   23.   Power to invest

   24.   Liability to pay tax, etc.

   25.   Accounts and audit

PART VII
General

   26.   Annual report

   27.   Compulsory acquisition of land

   28.   Re-settlement measures

   29.   Compensation for loss or damage

   30.   Power to call for information

   31.   Protection from personal liability

Act 24, 1970,
Act 67, 1970,
Act 19, 1975,
Act 33, 1978.

An Act to provide for the establishment of a Corporation to be known as the Water Utilities Corporation for the supply and distribution of water within the Shashe Development Area and elsewhere and to provide for matters incidental thereto and connected therewith.

[Date of Commencement: 30th June, 1970]

PART I
Preliminary
(ss 1-2)

1.   Short title

   This Act may be cited as the Water Utilities Corporation Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "Corporation" means the Water Utilities Corporation established under section 3;

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

   "Government water undertakings" means works established and arrangements concluded by the Government for the purpose of supplying water to communities and enterprises in Botswana;

   "undertaking" means any business for the supply of water to the public, whether operated by a water authority or not;

   "water authority" means a water authority within the meaning of the Waterworks Act.

PART II
Establishment, Constitution and Membership of Corporation
(ss 3-8)

3.   Establishment of Corporation

   (1) There is hereby established a Corporation to be known as the Water Utilities Corporation.

   (2) The Corporation shall be deemed to be a water authority for the purposes of the Waterworks Act, in respect of such waterworks areas as may from time to time be specified by the Minister by notice published in the Gazette.

   (3) The Corporation shall be a body corporate capable of suing and being sued in the name of the Water Utilities Corporation and, subject to the provisions of this Act, of performing such acts as bodies corporate may by law perform.

4.   Constitution

   (1) The Corporation shall consist of a chairman and not less than six nor more than eight other members, who shall be appointed by the Minister.

   (2) A person shall be disqualified from being appointed or being a member of the Corporation-

   (a)   if he is a Member of the National Assembly or is an employee of the Corporation; or

   (b)   if he has been declared bankrupt or insolvent 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.

5.   Resignation and removal from office

   The chairman and any other member of the Corporation appointed under section 4 may, if not a public servant, resign his office by notice in writing addressed to the Minister, and may be removed from office by the Minister if he-

   (a)   ceases to hold any 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 Corporation 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)   is guilty of serious misconduct in relation to his duties as chairman or member of the Corporation; or

   (h)   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 Corporation, other than the chairman, 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 Corporation the Minister shall specify such periods of appointment 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 Corporation shall hold office as chairman for a period of three years, and may be re-appointed for a further period of three years.

   (3) The Corporation shall once in every year elect from among its members a vice-chairman who shall hold office as vice-chairman for a period of one year.

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