CHAPTER 58:04
BOTSWANA QUALIFICATIONS AUTHORITY

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Preliminary

   1.   Short title

   2.   Interpretation

PART II
Establishment and Functions of Botswana Qualifications Authority

   3.   Continuation of establishment of Authority

   4.   Objectives and functions of Botswana Qualifications Authority

PART III
Constitution and Qualifications of Board

   5.   Board

   6.   Directions by the Minister

   7.   Tenure of office

   8.   Qualifications, removal and suspension of members

   9.   Vacation of office by members

   10.   Filling of vacancy

   11.   Remuneration and allowances

PART IV
Meetings and Proceedings of Board

   12.   Election of Vice Chairperson

   13.   Meetings of Board

   14.   Quorum and procedure at meetings

   15.   Committees of Board

   16.   Disclosure of interest

   17.   Confidentiality

PART V
Chief Executive Officer and Other Staff of the Authority

   18.   Chief Executive Officer

   19.   Appointment of Secretary of Board

   20.   Appointment of senior and other staff

PART VI
Financial Provisions

   21.   Funds of the Authority

   22.   Financial year

   23.   Accounts and audit

   24.   Pension and other funds

   25.   Annual report

PART VII
Miscellaneous Provisions

   26.   Appeals

   27.   Power to require information

   28.   Protection from personal liability

   29.   Reports to Minister

   30.   Code of practice and guidelines

   31.   Regulations

   32.   Repeal

   33.   Transitional and savings

Act 22, 1998,
Act 4, 2012,
Act 24, 2013
S.I. 109, 2013

An Act to provide for the establishment of Botswana Qualifications Authority, in order to provide for qualifications framework services; and for matters incidental thereto.

[Date of Commencement: 8th November, 2013]

PART I
Preliminary (ss 1-2)

1.   Short title

   This Act may be cited as the Botswana Qualifications Authority Act.

2.   Interpretation

    In this Act, unless the context otherwise requires —

   “accreditation” means a process of ensuring that education and training providers, and any programme of education and training offered, conform to any quality assurance standards set by the Authority;

   “Authority” means the Botswana Qualifications Authority established under section 3 (1);

   “awarding body” means an organisation, recognised by the Authority, which awards accredited qualifications;

   “Board” means the Board of the Authority;

   “Chairperson” means the Chairperson of the Authority;

   “Chief Executive Officer” means the Chief Executive Officer of the Authority appointed as such under section 18;

   “code of practice” means the code of practice issued by the Authority under section 30;

   “education and training provider” means a person or entity that provides or organises a programme of education and training, including the provision of professional development services;

   “general education” means all formal, informal and non-formal education and training other than tertiary education;

   “higher education” means any studies undertaken beyond the level of secondary education, but excluding technical and vocational education and training (TVET);

   “member” means a member of the Board appointed under section 5 (2);

   “national credit and qualifications framework” means an instrument developed under section 4 (2) (d) for the classification of qualifications according to a set of criteria, for specified levels of learning achieved;

   “part qualification” means an assessed unit of learning that is registered by the Authority as part of a qualification, including a module and a unit standard;

   “quality assurance” means input and output factors, processes and procedures for ensuring that a qualifications system, including qualifications, assessment and programme delivery, meet such standards as are determined by the Authority;

   “repealed Act” means the Vocational Training Act repealed under section 32;

   “technical and vocational education and training (TVET)” means an education, training and learning programme which provides knowledge, skills and competencies relevant for employment or self-employment;

   “tertiary education” means a programme which is offered beyond the level of senior secondary, education, including technical and vocational education and training (TVET), through to advanced research qualifications, which have been accredited by the Authority or by a competent authority in the country from which the programme is offered;

   “unit standard” means a statement of the outcome of any learning assessed, the type and quality of evidence that represents performance worthy of an award of credits and the context in which that evidence should be demonstrated;

   “work-based learning programme” means an instructional programme that deliberately uses a work-place as a site for student learning, and which is formal, structured and strategically organised to link learning in the work-place to institutionally-based learning experiences; and

   “work-place learning” means skills training and development that is provided at the work-place for employees, including informal skills training and development, on-the-job training and vocational and technical training which is not offered by a tertiary institution.

PART II
Establishment and Functions of Botswana Qualifications Authority (ss 3- 4)

3.   Continuation of establishment of Authority

   (1) The Authority known as the Botswana Training Authority established under section 3 of the repealed Act, is hereby continued under the new name of the Botswana Qualifications Authority, and shall continue to exist as if established under this Act.

   (2) The Authority 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, performing such acts as bodies corporate, may by law, do or perform.

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