CHAPTER 57:03
BOTSWANA OPEN UNIVERSITY ACT

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Establishment and Functions of Botswana Open University

    3.    Establishment of University

    4.    Powers and functions of University

    5.    Seal of University

PART III
Governance of University

    6.    Principal officers of University

    7.    Chancellor

    8.    Vice-Chancellor

    9.    Chairperson and Vice-Chairperson of Council

    10.    University Council

    10A.     Directions by Minister

    11.    Functions of Council

    12.    Powers of Council

    13.    Disqualification, suspension, removal and resignation from office

    14.    Vacation of office and filling of vacancies

    15.    Meetings of Council

    16.    Disclosure of interest

    17.    Confidentiality

    18.    Committees of Council

    19.    Remuneration and allowances

    20.    Secretary of Council

    21.    Senate

PART IV
Academic Staff and Employees

    22.    Appointment and conditions of service

    23.    Academic qualifications of academic staff

PART V
Programmes and Students of University

    24.    Programmes and courses of University

    25.    Teaching methods

    26.    Medium of instruction

    27.    Qualification for admission

PART VI
Financial Provisions

    28.    Revenues of University

    29.    Financial year

    30.    Accounts and audit

    31.    Annual report

PART VII
Miscellaneous Provisions

    32.    Statutes

    33.    Indemnity

    34.    Regulations

    35.    Repeal of Cap. 57:03

    36.    Savings and transitional provisions

Act 13, 2017,
S.I. 145, 2017.

An Act to provide for the continuation of Botswana College of Distance and Open Learning under the name of the Botswana Open University and to provide for its powers and functions and for the governance structures of the University and for matters connected or incidental thereto.

[Date of Commencement: 1st December, 2017]

PART I
Preliminary

1.    Short title

    This Act may be cited as the Botswana Open University Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Council" means the University Council established under section 10;

    "Chairperson" means the Chairperson of the Council appointed under section 9;

    "distance learning" means a mode of delivery of education to persons situated at a distance from the University, without such persons necessarily attending classes;

    "member" means a member of the Council;

    "regional centres" means designated places for providing support services to the students of the University;

    "repealed Act" means the Botswana College of Distance and Open Learning Act (Cap. 57:03);

    "Statutes" means the Statutes of the University enacted under section 32; and

    "University" means the Botswana Open University.

PART II
Establishment and functions of Botswana Open University

3.    Establishment of University

    (1) The Botswana College of Distance and Open Learning established under section 3 of the repealed Act, is hereby continued under the new name of the Botswana Open University and shall continue to exist as if established under this Act.

    (2) The University 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.    Powers and functions of University

    (1) The primary function of the University shall be to provide quality education through open and distance learning.

    (2) Without prejudice to the generality of the provisions of subsection (1), the University shall—

    (a)    provide tertiary education and professional training and open schooling;

    (b)    provide in-service programmes to upgrade the skills of staff;

    (c)    provide guidance and counselling services to students;

    (d)    formulate and carry out the academic policy of the University;

    (e)    devise and regulate courses of instruction and study;

    (f)    advise the Minister on the requirements of admission of students;

    (g)    prescribe disciplinary rules for the staff and students;

    (h)    determine fees, commissions, charges and other payments for services and use of facilities of the University;

    (i)    raise funds in such a manner as the University may deem fit;

    (j)    receive and accept donations of money or property, on such terms and conditions as shall not be inconsistent with this Act and the functions of the University;

    (k)    report on such matters as may be referred to it by the Vice-Chancellor; and

    (l)    do all such things and perform all such functions as may be necessary for, or incidental to the functions of the University.

5.    Seal of University

    (1) The seal of the University shall be such device as may be determined by the Council and shall be kept by the Vice-Chancellor.

    (2) The affixing of the seal shall be authenticated by the Chairperson or Vice-Chairperson and the Vice-Chancellor or any other person authorised in that behalf by a resolution of the Council.

    (3) Any contract or instrument which if entered into or executed by a person not being a body corporate would not be required to be under seal, may be entered into or executed without seal on behalf of the University by the Vice-Chancellor or any other person generally or specifically authorised by the Council in that behalf.

PART III
Governance of University

6.    Principal officers of University

    The principal officers of the University shall be—

    (a)    the Chancellor;

    (b)    the Chairperson of the Council;

    (c)    the Vice-Chairperson of the Council;

    (d)    the Vice-Chancellor; and

    (e)    such Deputy Vice-Chancellor as may be appointed under section 8(3).

7.    Chancellor

    (1) The Chancellor of the University shall be the President of the Republic of Botswana or such eminent person as may be appointed by the President.