CHAPTER 74:01
BOTSWANA POWER CORPORATION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Establishment, Constitution and Membership of the
Corporation

    3.    Establishment of the Corporation

    4.    Constitution

    5.    Resignation and removal from office

    6.    Tenure of office

    7.    Payment of members

PART III
Meetings and Proceedings of the Corporation

    8.    Presiding officer

    9.    Meetings

    10.    Signification of documents

PART IV
Officers, Employees and Agents of the Corporation

    11.    Appointment of officers and employees

    12.    Delegation to committee

PART V
Functions, Powers and Duties of the Corporation

    13.    Functions and powers

    14.    Co-operation with authorities

    15.    Research and records

    16.    Power of Minister to give directions

PART VI
Finances

    17.    Principles of financial operations

    18.    Display of tariffs

    19.    Borrowing powers

    20.    Vesting of property in the Corporation

    21.    Liability to pay tax, etc.

    22.    Accounts and audit

PART VII
General

    23.    Annual report

    24.    Compulsory acquisition of land

    25.    Re-settlement measures

    26.    Compensation for loss or damage

    27.    Power to call for information

    28.    [Repealed.]

    29.    Protection from personal liability

Act 23, 1970,
Act 20, 1971,
Act 29, 1973,
Act 15, 2016,
S.I. 131, 2016.

An Act to provide for the establishment of a corporation to be known as the Botswana Power Corporation for the generation and supply of electric power 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 Botswana Power Corporation Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Authority" means the Botswana Energy Regulatory established under the Botswana Energy Regulatory Authority Act (Act No. 13 of 2016);

[15 of 2016, s. 2(a).]

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

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

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

    "main transmission lines" means all cables and overhead lines, whether constructed or due to be constructed, for the transmission of electricity from a generating station to any other generating station or to a substation, together with any step-up or step-down transformers and switch-gear necessary to and used for the control of such cables or overhead lines, and the buildings, or such part thereof as may be required to accommodate such transformers or switch-gear, which the Authority may declare by notice published in the Gazette to be main transmission lines;

[15 of 2016, s. 2(b).]

    "undertaking" means any business for the supply of electricity to the public.

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

3.    Establishment of the Corporation

    (1) There is hereby established a Corporation to be known as the Botswana Power Corporation.

    (2) The Corporation shall be a body corporate capable of suing and being sued in the name of the Botswana Power 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 by notice published in the Gazette.

    (2) In making such appointments the Minister shall take into account the desirability of such interests as are affected by the Corporation's activities being represented.

    (3) 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 insolvent or bankrupt 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 may, if not a public officer, 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 the 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.