STANDING COMMITTEE ON REMUNERATION (MEMBERS OF CABINET, MEMBERS OF THE NATIONAL ASSEMBLY, COUNCILLORS AND MEMBERS OF NTLO YA DIKGOSI) ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Interpretation
3. Establishment of Committee
4. Functions of Committee
5. Meetings of Committee
6. Direction by Minister
7. Tenure of office
8. Disqualification and removal from Committee
9. Vacation of office
10. Filling of vacancy
11. Remuneration of members
12. Conflict of interest
13. Confidentiality
14. Oath of secrecy
15. Indemnity
16. Establishment of subcommittees
17. Regulations
Act 35, 2022,
S.I. 17, 2023,
Act 10, 2024.
An Act to establish the standing committee for the remuneration of Members of Cabinet, Members of the National Assembly, Councillors and Members of Ntlo ya Dikgosi and for matters connected therewith.
[10 of 2024, s. 2.]
[Editorial Note— The word "specified offices" deleted wherever they appear in the Act by section 4 of Act 10 of 2024.]
[Date of Commencement: 3rd March, 2023]
This Act may be cited as the Standing Committee on Remuneration (Members of Cabinet, Members of the National Assembly, Councillors and Members of Ntlo ya Dikgosi) Act.
[10 of 2024, s. 3.]
In this Act, unless the context otherwise requires—
"Cabinet" means the President, Vice-President and Ministers as provided for by section 44 of the Constitution;
[Act 10 of 2024, s. 5.]
"Committee" means the Standing Committee on Remuneration for Members of the National Assembly, Councillors, Ntlo ya Dikgosi Offices established under section 3;
[10 of 2024, s. 4.]
"member" means a member of the Committee under section 3; and
"remuneration" includes salary, allowances and other benefits.
(1) There is hereby established a committee to be known as the Standing Committee on Remuneration for Members of the National Assembly, Councillors, Ntlo ya Dikgosi.
(2) The Committee shall be composed of the following members appointed by the Minister—
(a) a Chairperson, who shall be a retired judge or a legal practitioner with at least 10 years' of experience;
(b) a person with experience in political matters;
(c) a person with experience relating to Bogosi;
(d) a person with experience in public administration or human resources;
(e) a person with experience in law; and
(f) a person with experience in financial matters.
(3) The following shall be ex officio members of the Committee and shall have the right to vote—
(a) a representative of the Ministry responsible for presidential affairs, appointed by the Minister;
(b) a representative of the Ministry responsible for local government, appointed by the Minister; and
(c) a representative of the Ministry responsible for finance, appointed by the Minister.
(4) The Minister responsible for presidential affairs shall appoint the secretary to the Committee.
(1) The functions of the Committee shall be to assess the remuneration and conditions of service of Members of Cabinet, Members of the National Assembly, Councillors and members of Ntlo ya Dikgosi and make recommendations to the Minister from time to time.
[10 of 2024, s. 6.]
(2) The Committee shall forward its report containing recommendations to the Minister and to the Minister responsible for finance within 30 days after any assessment under subsection (1) has been made.
(3) The Committee may, in the exercise of its functions, order any public officer or any Government entity to provide any information in the possession or under the control of such officer or entity.
(1) Subject to the provisions of this Act, the Committee shall regulate its own procedure for meetings.
(2) The Committee shall have at least two meetings in a year for the discharge of its functions, and such meetings shall be held at such places and times as the Chairperson may determine.
(3) A quorum for a meeting of the Committee shall be a simple majority of its members.
(4) At any meeting of the Committee, the Chairperson shall preside, and in his or her absence, the members present shall elect from among their number, a Chairperson for the purposes of that meeting.
(5) Minutes of each meeting of the Committee shall be kept by the secretary appointed under section 3(4), and shall be confirmed at a subsequent meeting of the Committee.
(1) The Minister may give the Committee written directions, of a general or specific nature, regarding the exercise of its powers, which directions shall not be inconsistent with this Act or with other legal obligations of the Committee.
(2) The Committee shall give effect to the Minister's directions given in accordance with subsection (1).
A member who was appointed under section 3(2) shall hold office for a period of three years and shall be eligible for re-appointment for one further term on the expiry of his or her term of office.
8. Disqualification and removal from Committee
A person shall not be appointed as a member, nor shall any person be qualified to hold office as a member who—
(a) has, in terms of any law in force in any country—
(i) been adjudged or otherwise declared bankrupt or insolvent and has not been rehabilitated or discharged, or
(ii) made an assignment to, or arrangement or composition with, his or her creditors, which has not been rescinded or set aside;
(b) has, within a period of 10 years immediately preceding the date of his or her proposed appointment, been convicted—
(i) in Botswana, of a criminal offence, or
(ii) outside Botswana, of an offence, which in Botswana, would have been a criminal offence,
and sentenced by a court of competent jurisdiction to imprisonment for six months or more without the option of a fine, whether that sentence has been suspended or not, and for which he or she has not received a free pardon;
(c) is a member of Ntlo ya Dikgosi, Cabinet, the National Assembly, or any District, Town or City Council;
[10 of 2024, s. 7.]
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