BOTSWANA TEACHING PROFESSIONALS COUNCIL

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Establishment of Botswana Teaching Professionals Council

    3.    Establishment of Botswana Teaching Professionals Council

    4.    Seal of Council

    5.    Functions of Council

PART III
Constitution and Qualifications of Board

    6.    Establishment of Board

    7.    Tenure of office

    8.    Qualification, removal, resignation or suspension from Board

    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 and proceedings of Board

    14.    Signification of documents

    15.    Disclosure of interest

    16.    Confidentiality

    17.    Committees of Board

PART V
Registrar and other officers of Council

    18.    Appointment of Registrar

    19.    Functions of Registrar

    20.    Appointment of Secretary

    21.    Appointment of officers of Council

PART VI
Financial Provisions

    22.    Funds of Council

    23.    Financial year of Council

    24.    Accounts and audit

    25.    Annual report

    26.    Pension and other funds

PART VII
Registration

    27.    Registration of teachers

    28.    Application for registration

    29.    Different categories of registration

    30.    Issue of teaching licence

    31.    Renewal of teaching licence

    32.    Duplicate licence

    33.    Register

    34.    Removal from register

    35.    Cancellation of teaching licence

    36.    Restoration to register

PART VIII
Disciplinary Committee

    37.    Disciplinary Committee

    38.    Appeals

    39.    Composition of Appeals Committee

    40.    Appeal to be based on record of proceedings of Disciplinary Committee

    41.    Appeal to be considered within 30 days

    42.    Leave to appeal to High Court

    43.    Application of sections 15 and 16 to members of Disciplinary and Appeals Committees

PART IX
Miscellaneous Provisions

    44.    Indemnity

    45.    Practising using fake teaching licence

    46.    Presentation of false documents

    47.    Assisting another person to acquire teaching licence fraudulently

    48.    Assisting teacher to contravene provisions of Act

    49.    Regulations

    50.    Transitional provisions

Act 22, 2019,
S.I. 150, 2019.

    An Act to provide for the establishment of the Botswana Teaching Professionals Council, to regulate the teaching profession in Botswana, and for connected matters.

[Date of Commencement: 22nd November, 2019.]

PART I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Botswana Teaching Professionals Council Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Appeals Committee" means a committee established under section 39(1);

    "Board" means the Board of the Council established under section 6;

    "Council" means the Botswana Teaching Professionals Council established under section 3;

    "Disciplinary Committee" means a committee appointed under section 37(1);

    "member" means a member of the Board;

    "Registrar" means the Registrar appointed under section 18;

    "school" has the same meaning assigned to it under the Education Act (Cap. 58:01);

    "teacher" includes a tutor and any person registered in accordance with section 27 of this Act and qualifies to instruct an educational programme or provide professional counselling including professional therapy and educational psychology services, at school; and

    "teaching licence" means a licence to practice teaching, issued by the Council under section 30.

PART II
Establishment of Botswana Teaching Professionals Council (ss 3-5)

3.    Establishment of Botswana Teaching Professionals Council

    (1) There is hereby established a Council to be known as the Botswana Teaching Professionals 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, perform such acts as bodies corporate may, by law perform.

4.    Seal of Council

    (1) The seal of the Council shall be such a device as may be determined by the Board and shall be kept by the Registrar.

    (2) The affixing of the seal shall be authenticated by the Registrar or any other person authorised in that capacity by the Board.

5.    Functions of Council

    The Council shall—

    (a)    regulate the teaching profession;

    (b)    maintain professional and ethical standards for teachers, which include teaching knowledge, skills and competence;

    (c)    license teachers;

    (d)    advise on teacher training issues;

    (e)    advocate for the teaching profession;

    (f)    maintain a register of teachers;

    (g)    establish, publish, review and maintain a Code of Ethics for teachers;

    (h)    monitor adherence to the Code of Ethics under paragraph (g);

    (i)    review and advise on professional standards of teachers;

    (j)    determine the grounds for refusal or withdrawal of registration where necessary;

    (k)    determine the criteria and procedures for registration;

    (l)    consider and decide on any application for registration;

    (m)    promote continuing education, training and professional development of teachers;

    (n)    establish panels to investigate and hear complaints against teachers;

    (o)    ensure a fair hearing is held in accordance with the procedure determined by the Board; and

    (p)    conduct research to inform quality teaching.

PART III
Constitution and Qualifications of Board (ss 6-11)

6.    Establishment of Board

    (1) There shall be a Board of the Council, which shall be the governing body of the Council and shall be responsible for the direction of the affairs and operations of the Council.

    (2) The Board shall consist of the following members appointed by the Minister—

    (a)    the Chairperson;

    (b)    three representatives from the existing registered and recognised teacher unions;

    (c)    one representative from special education needs;

    (d)    one representative from public school heads;

    (e)    one representative from private school heads;

    (f)    one representative from the Botswana Qualifications Authority established under the Botswana Qualifications Authority Act (Cap. 48:04);

    (g)    one representative from a registered private schools teacher association;