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Botswana Postal Services - Functions, Powers And Duties Of The Post (Ss 12-16)

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12.     Functions and powers

 

            (1) The functions of the Post shall be-

     (a)     to provide, develop, operate and manage postal services in an efficient and cost effective manner; and

     (b)     to carry out such other operations as may appear to the Board to be conducive or incidental to the attainment of all or any of its objectives under this Act or any other law.

            (2) The Post shall have all powers necessary or convenient for the performance of its functions and duties and, without prejudice to the generality thereof, shall have the power to-

     (a)     acquire and use any kind of property, undertaking, right or privilege and dispose of the same to the Government, or to any person other than a member, officer or employee of the Post or any agent or contractor appointed or employed by the Post;

     (b)     enter into agreements in connection with the operation of postal services;

     (c)     supply, sell or market air postal services to all persons desiring such services;

     (d)     enter into such contracts as may be necessary for the performance of its functions and duties;

     (e)     construct or cause to be constructed such works, houses, offices and other buildings and structures as it may deem necessary or expedient for the performance of its functions and duties;

     (f)      purchase, take on lease or otherwise acquire or construct or cause to be constructed such tools, appliances, machinery, plant and equipment as it may deem necessary or expedient for the performance of its functions and duties;

     (g)     sell, exchange, lease, dispose of, turn to account or otherwise deal with any of its assets or any part thereof, whether movable or immovable, not required for its purposes:

                      Provided that the immovable property of the Post shall not be sold without the approval in writing of the Minister for the time being responsible for finance;

     (h)     invest from time to time, in such manner as it may deem fit, such moneys held by it as may be surplus to its immediate requirements, subject to the approval in writing of the Minister for the time being responsible for finance;

     (i)      insure with any company or person against any loss, damage, risk or liability which the Post may incur;

     (j)      purchase or sell any materials and stores used in the performance of its functions;

     (k)     sell, hire or otherwise dispose of any apparatus used in connection with Postal services; and

     (l)      carry on any activity which is reasonably requisite or convenient for or in connection with the discharge of its functions under this Act.

 

13.     Exclusive privilege of the Post

 

            (1) The Post shall have the exclusive privilege of establishing and operating postal services in Botswana.

            (2) Notwithstanding subsection (1) the Minister may, after consultation with the Board, by notice published in the Gazette, exempt services rendered by any person from the provisions of subsection (1) for such period as he may determine.

 

14.     Co-operation with authorities

 

            In the discharge of its functions the Post shall co-operate with local and other public authorities, including department and agencies of the Government, and shall consult with local authorities in matters of concern to the Post which affect their interest.

 

15.     Research and records

 

            With a view to facilitating present or future research or planning, the Post shall keep full and accurate records of all of its operations and shall have power to engage in research and to assist others to engage in research in respect of any matter relating to its functions, and to publish such records and the results of any such research.

 

16.     Power of Minister to give directions

 

            The Minister may, after consultation with the Board, give to the Board such directions of a general or specific character as to the exercise and performance of its powers in fulfilling its functions as are necessary as a matter of policy and as are not inconsistent with this Act or with the contractual or other legal obligations of the Post, and the Board shall give effect to any such directions.