CHAPTER 58:03
BOTSWANA EXAMINATIONS COUNCIL

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title and commencement

   2.   Interpretation

PART II
Establishment of Examinations Council

   3.   Establishment of Council

   4.   Membership of Council

   5.   Powers and functions of Council

   6.   Seal of Council

   7.   Tenure of office

   8.   Filling of casual vacancy

   9.   Disqualification, removal and resignation

   10.   Disclosure of interest

   11.   Proceedings of Council

   12.   Committees of Council

   13.   Remuneration and allowance

PART III
Administration

   14.   Executive Secretary

   15.   Duties of the Executive Secretary

   16.   Staff of Council

   17.   Authorised officers

PART IV
Financial Provisions

   18.   Revenues of Council

   19.   Financial year

   20.   Accounts and audit

   21.   Annual report

PART V
General

   22.   Indemnity

   23.   Transitional provisions

   24.   Winding up

   25.   Offence and penalty

   26.   Regulations

Act 11, 2002,
S.I. 81, 2002.

An Act to provide for the establishment of the Botswana Examinations Council to manage and conduct national examinations, to provide for its powers, duties and functions and for matters incidental thereto.

[Date of Commencement: 22nd November, 2002]

PART I
Preliminary (ss 1-2)

1.   Short title

   This Act may be cited as the Botswana Examinations Council Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "authorised officer" means a person so designated under section 17;

   "candidate" means a person enrolled by the Council for purposes of sitting for an examination;

   "Chairman" means Chairman of the Council;

   "committee" means a committee of the Council;

   "Council" means the Botswana Examinations Council established under section 3;

   "examination malpractice" means an act which contravenes examination regulations;

   "Executive Secretary" means the Chief Executive of the Council appointed under section 14; and

   "member" means a member of the Council.

PART II
Establishment of Examinations Council (ss 3-13)

3.   Establishment of Council

   (1) There is hereby established the Botswana Examinations Council.

   (2) The Council 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.   Membership of Council

   (1) The Council shall consist of the following members appointed by the Minister-

   (a)   the Chairman;

   (b)   the Permanent Secretary to the Ministry responsible for Education;

   (c)   a representative of the Ministry of Education;

   (d)   the Director of the Botswana College of Open and Distance Learning;

   (e)   the Chief Executive of the Botswana Training Authority;

   (f)   The Chief Executive of the Botswana Examinations Council;

   (g)   a representative of the University of Botswana;

   (h)   a representative of the Tertiary Education Council;

   (i)   a representative from the private education sector;

   (j)   a representative of a teachers' organisation;

   (k)   a representative from the private sector;

   (l)   a representative of the public;

   (m)   a representative of the Botswana Police Service; and

   (n)   a representative of the Directorate of the Public Service Management.

   (2) The Vice Chairman shall be elected by the members from among their number.

   (3) The appointment to the Council shall be published by notice in the Gazette.

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