Key Benefits:
(1) There is hereby established an Immigrants Selection Board (hereinafter referred to as "a Board"), for such areas that the Minister shall, by order published in the Gazette, specify.
(2) A Board shall consist of-
(a) the District Commissioner or District Officer for the area in which a Board is situated, who shall be the Chairperson;
(b) the police officer in command of the police district in which a Board is situated, who shall be the Vice Chairperson;
(c) a representative of the Director, who shall be the secretary to a Board;
(d) a representative of the Commissioner;
(e) the Town Clerk or the Council Secretary as appropriate, of the area where a Board is situated;
(f) a representative of the Ministry responsible for Trade and Industry nominated by the Minister responsible for Trade and Industry ;
(g) a representative of the Tourism Industry nominated by the Minister responsible for Tourism; and
(h) two members of the public from the area in which the Board operates with such expert knowledge or experience as may be necessary to assist the Board, appointed by the Minister.
(3) A Board may, where it considers it necessary, co-opt an additional member to the Board from any specified organisation in the area in which the Board operates with such expert knowledge or experience as may be necessary to assist the Board.
(4) Notwithstanding the provisions of subsection (1), the Minister may, where necessary, by order published in the Gazette, establish more than one Board for a specified area.
A Board shall-
(a) issue permits in accordance with the provisions of this Act;
(b) perform such other functions as may be conferred on it by regulations made under this Act.
13. Disqualification, suspension and removal of member
(1) A person shall not be appointed as a member or be qualified to continue to hold office where he or she-
(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(ii) made an assignment to, arrangement or composition with his or her creditors, which has not been rescinded or set aside;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 a Board a member against whom criminal proceedings are instituted for an offence inrespect 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 of the Board or be entitled to any remuneration or allowance as a member.
(3) The Minister shall remove from a Board a member if the member-
(a) is absent without reasonable cause from three consecutive meetings of the Board of which he or she has had notice;
(b) has been found to be physically or mentally incapable of performing his or her duties efficiently, and a medical doctor has issued a certificate to that effect; or
(c) has been convicted of an offence under this Act, or under any other Act for which he or she is sentenced to imprisonment for a term of six months or more without the option of a fine.
(4) A member may resign from office by giving 30 days notice in writing to the Minister.
(1) A Board shall meet at least once in a month to discharge its functions.
(2) A meeting of a Board may be called by the Chairperson upon giving notice in writing of not less than seven days.
(3) Where the urgency of any particular matter does not allow the giving of notice in accordance with subsection (2), a special meeting may be called by giving a shorter notice.
(4) The Chairperson shall preside over meetings of a Board and if the Chairperson is absent from a meeting, the Vice-Chairperson shall preside over that meeting.
(5) Subject to subsection (6), the quorum at any meeting of a Board shall be the decision of the majority of members present and voting.
(6) For the purpose of determining an application placed before it, no quorum of a Board shall be constituted unless two of the members present are a representative of the Director and a representative of the Commissioner.
(7) The decisions of a Board shall be by a simple majority of votes, and in the event of an equality of votes, the Chairperson shall have a casting vote in addition to his or her deliberative vote.
(8) Subject to the provisions of this Act, a Board shall regulate its own proceedings.
(1) Where a member is present at a meeting of a Board, at which meeting a matter which is the subject of consideration is one in which he or she is directly or indirectly interested in a private capacity, the member shall, immediately upon the commencement of the meeting, disclose such interest and shall not, take part in any consideration or discussion of, or vote on any question concerning that matter.
(2) A disclosure of interest made in accordance with subsection (1) shall be recorded in the minutes of the meeting at which it is made.
(3) Where a member fails to disclose his or her interest in accordance with subsection (1) and a decision by a Board is made benefiting such a member, such decision shall be void.
(4) A member who contravenes subsection (1) commits an offence and is liable to a fine not exceeding P25 000, or to imprisonment for a term not exceeding 12 years, or to both.
(1) A member shall observe and preserve the confidentiality of matters coming before a Board, and such confidentiality shall subsist even after the termination of the term of his or her office.
(2) Any person who contravenes this section commits an offence and is liable to a fine not exceeding P4 000, or to imprisonment for a term not exceeding four years, or to both.
A member shall be paid such remuneration and allowances, in connection with his or her service to a Board, if any, as the Minister may determine.
