CHAPTER 42:09
TOURISM

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Tourism Industry Licensing Committee

    3.    Establishment of Tourism Industry Licensing Committee

    4.    Membership of Committee

    5.    Director of Tourism as Chairperson of Committee

    6.    Powers and functions of Committee

    7.    Tenure of office

    8.    Disqualification, removal, suspension, and resignation

    9.    Vacation of office

    10.    Meetings of Committee

    11.    Co-option of advisory personnel to Committee

    12.    Disclosure of interest

    13.    Confidentiality

    14.    Remuneration of Committee members

PART III
Licensing and classification of tourist enterprises

    15.    Licensing of tourist enterprises

    16.    Categories of tourist enterprises

    17.    Application for licence

    18.    Duration of licence

    19.    Amendment, transfer or duplication of licence

    20.    Persons in charge of tourist enterprise

    21.    Suspension of licence

    22.    Revocation of licence

    23.    Reservation of certain licences for citizens

    24.    Proof of shareholding

PART IV
Miscellaneous provisions

    25.    Safety and sanitation

    26.    Power to enter premises or land

    27.    Appeals to the Minister

    28.    Indemnity

    29.    Other offences

    30.    Regulations

    31.    Amendment of Schedule

    32.    Savings

        SCHEDULE

Act 22, 1992,
S.I. 12, 2007,
S.I. 29, 2009,
Act 16, 2009,
S.I. 43, 2010,
S.I. 78, 2013,
S.I. 104, 2013
S.I. 113, 2015.

An Act for licensing and regulating the tourist industry with a view to promoting its development and well-being.

[Date of Commencement: 30th April, 2010]

PART I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Tourism Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "Committee" means the Tourism Industry Licensing Committee established under section 3;

    "Director" means any person holding the public office of Director of Tourism;

    "licence" means a licence for a tourist enterprise issued under section 17;

    "police officer" includes an officer of the Botswana Police Service;

    "tourist enterprise" means an enterprise or activity specified in the Schedule, undertaken by a person, or a firm, for the purpose of, or to promote or facilitate, tourism in Botswana in return for financial reward.

PART II
Tourism Industry Licensing Committee (ss 3-14)

3.    Establishment of Tourism Industry Licensing Committee

    There is hereby established a body to be known as the Tourism Industry Licensing Committee.

4.    Membership of Committee

    The Committee shall consist of the Director and five other members appointed by the Minister from persons in the public and private sector, who in his or her opinion are suitable and qualified to assist in the performance of the functions of the Committee and the execution of its duties.

5.    Director of Tourism as Chairperson of Committee

    The Director shall be the chairperson of the Committee and he or she may nominate any other member of the Committee to act as chairperson on any occasion when he or she is unable to attend meetings of the Committee.

6.    Powers and functions of Committee

    (1) The Committee shall have power—

    (a)    to determine whether or not a licence should be issued for any particular tourist enterprise;

    (b)    to decide whether or not to cancel or suspend a licence for good cause;

    (c)    to determine whether or not a licence should be amended or transferred.

    (2) For the purpose of licensing and monitoring tourist enterprises, the Director shall carry out, or cause to be carried out, such inspections of documents or building plans, or of buildings and sites, with or without the assistance of other officials, such as planners or health inspectors, as he or she may consider necessary, and shall make a report thereon to the Committee together with his or her recommendations.

7.    Tenure of office

    Members of the Committee shall be appointed for periods of three years, but shall be eligible for re-appointment.

8.    Disqualification, removal, suspension, and resignation

    (1) No person shall be appointed as a member of the Committee or be qualified to continue to hold office who—

    (a)    has, in terms of a law in force in any country—

        (i)    been adjudged or otherwise declared bankrupt and has not been discharged; or

        (ii)    made an assignment to, arrangement or composition with his or her creditors, which has not been rescinded or set aside;

    (b)    has within the period of 10 years immediately preceding the date of his or her appointment, been convicted—

        (i)    of a criminal offence within Botswana; or

        (ii)    outside Botswana, of an offence which if committed 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.

    (2) The Minister shall, in writing, suspend from office a member against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment may be imposed, and whilst that member is so suspended, he or she shall not carry out any duties or be entitled to any remuneration or allowances as a member of the Committee.

    (3) The Minister shall remove a member if the member—

    (a)    is absent without reasonable cause from three consecutive meetings of the Committee of which he or she has had notice;