CHAPTER 72:02
BOTSWANA TELECOMMUNICATIONS CORPORATION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Establishment, Constitution and Membership of Corporation

    3.    Establishment of Corporation

    4.    Composition of Corporation

    5.    Resignation and removal from office

    6.    Tenure of office

    7.    Payment of members

PART III
Meetings and Proceedings of Board

    8.    Meetings

    9.    Signification of documents

PART IV
Officers, Employees and Agents of Corporation

    10.    Appointment of officers and employees

    11.    Delegation to committee

PART V
Functions, Powers and Duties of Corporation

    12.    Functions and powers

    13.    Co-operation with authorities

    14.    Research and records

    15.    Power of Minister to give directions

PART VI
Finances

    16.    Principles of financial operations

    17.    Establishment of subsidiaries, etc.

    18.    Borrowing powers

    19.    Liability to pay tax, etc.

    20.    Accounts and audit

PART VII
General

    21.    Annual report

    22.    Compulsory acquisition of land

    23.    Resettlement measures

    24.    Compensation for loss or damage

    25.    Power to call for information

    26.    Protection from personal liability

Act 3, 1980,
S.I. 46, 1980,
Act 16, 1996.

An Act to provide for the establishment of a Corporation to be known as the Botswana Telecommunications Corporation for the provision, development, operation and management of Botswana's National and International Public Telecommunications Services and for matters connected therewith or incidental thereto.

[Date of Commencement: 1st April, 1980]

PART I
Preliminary (ss 1-2)

1.    Short title

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

2.    Interpretation

    In this Act, unless the context otherwise requires—

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

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

    "prescribed" means prescribed by regulations made under section 26 of the Telecommunications Act (Cap. 72:03);

    "telecommunications services" includes telephone, telex, telegraph, data facsimile and leased circuit services, together with appropriate terminal equipment;

    "telephone lines" means all cables and overhead lines, whether constructed or due to be constructed, for the connection of subscribers or the interconnection of exchanges, together with any junctions or other equipment necessary to effect these connections;

    "undertaking" means any business for the provision of telecommunications services.

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

3.    Establishment of Corporation

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

    (2) The Corporation shall be a body corporate capable of suing and of being sued in the name of the Botswana Telecommunications Corporation and, subject to the provisions of this Act, of performing such acts as bodies corporate may by law perform.

4.    Composition of Corporation

    (1) The governing body of the Corporation shall be a Board consisting of the following members appointed by the Minister—

    (a)    the chairman;

    (b)    the chief executive of the Corporation appointed under section 10, ex-officio; and

    (c)    not less than five or more than seven other persons who in the opinion of the Minister have knowledge and experience likely to contribute to the successful management of the Corporation.

    (2) A person shall not be competent to be appointed or to act as a member of the Board if—

    (a)    he is a Member of the National Assembly;

    (b)    he is an employee of the Corporation; or

    (c)    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

    (1) Any member of the Board other than the chief executive may resign from the Board by notice in writing addressed to the Minister.

    (2) A member of the Board may be removed from the Board if he—

    (a)    ceases to hold the office by virtue of which he was appointed;