CHAPTER 74:03
BOTSWANA HOUSING CORPORATION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Establishment, Constitution and Membership of Corporation and Board

    3.    Establishment of Corporation

    4.    Establishment of Board

    5.    Tenure of office of members

    6.    Disqualification of members

    7.    Payment of members

PART III
Meetings and Proceedings of the Board

    8.    Presiding officer

    9.    Meetings of the Board

    10.    Standing orders

    11.    Signing of documents

    12.    Committees

PART IV
Officers, Employees and Agents of the Corporation

    13.    Appointment of officers and employees

PART V
Functions, Powers and Duties of the Corporation

    14.    Functions and powers

    15.    Powers to contract

    16.    Co-operation with authorities

    17.    Research and records

    18.    Power of Minister to give directions

PART VI
Finances

    19.    Funds of the Corporation

    20.    Financial policy of the Corporation

    21.    Borrowing powers of Corporation

    22.    Investment

    23.    Vesting of property, etc.

    24.    Accounts and audit

    25.    Bad debts

    26.    Liability to pay tax, etc.

PART VII
Entry upon, and Compulsory Acquisition of, Land

    27.    Entry upon land

    28.    Compulsory acquisition of land

PART VIII
General

    29.    Annual report

    30.    Power to call for information

    31.    Regulations

    32.    Service of notice

    33.    Protection from personal liability

    34.    Oath of secrecy

Act 75, 1970,
S.I. 9, 1971,
Act 24, 1972,
Act 5, 1973,
Act 7, 1977,
Act 5, 1994.

An Act to provide for the establishment of a Corporation to be known as the Botswana Housing Corporation for the provision of housing and to provide for matters incidental thereto and connected therewith.

[Date of Commencement: 5th February, 1971]

PART I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Botswana Housing Corporation Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Board" means the Botswana Housing Corporation Board established by section 4;

[5 of 1994, s. 2(a).]

    "Chairman" means the person appointed by the Minister under section 4 to be the Chairman of the Board, or the person for the time being acting as the Chairman in accordance with the provisions of this Act;

[5 of 1994, s. 2(b).]

    "Corporation" means the Botswana Housing Corporation established under section 3;

    "financial year" means the period of 12 months ending on the 31st March in each year;

    "Government housing undertakings" means works established and arrangements concluded by the Government for the purpose of providing housing in Botswana;

    "house" means a building designed or adapted for human habitation and includes the site thereof and the usual appurtenances, outbuildings, fences and permanent provision for lighting, water supply, drainage and sewerage;

    "housing estate" means a tract of land on which houses have been, or are being, or are about to be constructed in the carrying out of a single project;

    "housing scheme" means a proposal for the construction of several houses, whether or not the proposal includes the acquisition of land for such houses or the laying out, replanning, sub-division and development of the land for building sites, which proposal may include such proposals for the provision of roads, drains, sewers, other public services, open spaces and other improvements as may conveniently subserve such proposal;

    "member" means a member of the Board appointed by the Minister in accordance with section 4.

[5 of 1994, s. 2(b).]

PART II
Establishment, Constitution and Membership of Corporation and Board (ss 3-7)

[5 of 1994, s. 3.]

3.    Establishment of Corporation

    There is hereby established a body to be known as the Botswana Housing Corporation, which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and, subject to the provisions of this Act, of holding and disposing of movable and immovable property, and of doing all such things as are necessary for, or are conducive to, the proper carrying out of its objects and the performance of its duties under this Act.

[5 of 1994, s. 3.]

4.    Establishment of Board

    (1) The Minister shall appoint a Board to be known as the Botswana Housing Corporation Board, consisting of not less than seven or more than ten members who, in the opinion of the Minister, have knowledge and experience likely to contribute to the successful direction of the affairs and operations of the Corporation.

[5 of 1994, s. 3.]

    (2) From among the members appointed under subsection (1) the Minister shall designate one to be the Chairman of the Board.

[5 of 1994, s. 3.]

    (3) The Board shall, subject to any special or general directions of the Minister, be responsible for the overall direction of the affairs of the Corporation, and for such other matters as may be specified in this Act.

[5 of 1994, s. 3.]

    (4) Appointments to the Board, and of the Chairman, shall be signified by notice in the Gazette.

[5 of 1994, s. 3.]

5.    Tenure of office of members

    (1) A member shall be appointed for such period, not exceeding four years, as shall be specified in the notice appointing him, and at the termination of such period he shall be eligible for re-appointment:

    Provided that, in appointing members to the Board, the Minister shall specify such periods of appointment as ensure that the appointments of not more than one third of the members expire in any one year.

[5 of 1994, s. 3.]

    (2) The appointment of the Chairman by the Minister shall be for a period of three years, but he shall be eligible for re-appointment.

[5 of 1994, s. 3.]

    (3) Once in every year the members shall elect from among their number a Deputy Chairman, who shall hold such office for one year, and shall be eligible for re-election.

[5 of 1994, s. 3.]

    (4) If at any time the Minister is satisfied that a member is temporarily incapacitated by illness, absence or other sufficient cause from satisfactorily performing the duties of such member, he may appoint some fit and duly qualified person to be a temporary member in place of the incapacitated member during the period of his incapacity, and the person so appointed shall, whilst so appointed, be deemed to be a full member of the Board.

[5 of 1994, s. 3.]

6.    Disqualification of members

    (1) No person shall be appointed to be a member who—

    (a)    has been declared insolvent or bankrupt under any law in any country, and has not been rehabilitated or discharged, or who has made a composition with his creditors and has not paid his debts in full;

    (b)    is incapacitated by physical or mental illness or infirmity from performing his functions;

    (c)    is a member of the National Assembly;

    (d)    has been convicted of an offence for which the prescribed sentence is a term of imprisonment, with or without the option of a fine, or who has been convicted of an offence involving dishonesty;