Key Benefits:
Establishment, Constitution and Membership of Telecommunications Authority (ss 3-10)
3. Establishment of Telecommunications Authority
There is hereby established a regulatory authority to be known as the Telecommunications Authority (hereinafter referred to as "the Authority"), which shall be a body corporate with a common seal, capable of suing and being sued and, subject to the provisions of this Act, of performing such acts as bodies corporate may, by law, perform.
4. Board of Directors
38 of 2004, s. 2. (1) The powers and functions of the Authority shall be exercised by a Board consisting of five members, appointed by the Minister from amongst persons whom the Minister considers qualified by reason of their experience or expertise in-
(a) information and communication technology;
(b) law;
(c) consumer protection;
(d) financial accounting;
(e) economics; or
(f) general business management.
(2) The Minister shall appoint the Chairperson of the Board, while the Vice Chairperson shall be appointed by the members of the Board from among their number.
(3) Subject to the provisions of section 16, a member of the Board shall hold office for a term not exceeding four years and shall be eligible for re-appointment upon the expiry of his term of office..
5. Disqualification for appointment as a Board Member
No person shall be appointed as a Board member, nor shall any person be qualified to hold office as a Board member, who-
(a) has in terms of any law in force in any country-
(i) been adjudged or otherwise declared insolvent or bankrupt and has not been rehabilitated or discharged;
(ii) made an assignment to, or arrangement or composition with, his creditors, which has not been rescinded or set aside;
(b) has within a period of ten years immediately preceding the date of his proposed appointment, been convicted-
(i) in Botswana, of a criminal offence; 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 has not received a free pardon; or
(c) has any interest in a licence or in the holder of a licence, or is the holder of a licence issued under this Act; and
(d) is a Member of Parliament.
6. Vacation of office of member of the Board
A Board member shall vacate his office and his office shall become vacant-
(a) if he becomes disqualified in terms of section 5 to hold office as a Board member;
(b) if he is adjudged bankrupt or insolvent;
(c) if he is absent from three consecutive meetings of the Board without reasonable excuse;
(d) upon his death;
(e) upon the expiry of one month's notice, given in writing to the Minister, of his intention to resign his office;
(f) upon the expiry of such time as the Minister may specify in writing, notifying him of his removal from office by the Minister;
(g) if he becomes the holder of a licence or acquires any interest in a licence or in the holder of licence issued under this Act;
(h) if he becomes mentally or physically incapable of performing his duties as a member of the Board; or
(i) if he is convicted of an offence under this Act, or under any other Act for which he is sentenced to imprisonment for a term of six months or more without the option of a fine.
7. Removal and suspension from office by Minister
(1) The Minister may, if he is satisfied that a Board member has acted improperly as such member, or is mentally or physically incapable of performing his duties efficiently, require that member, in writing, to vacate his office within such time as he may specify.
(2) The Minister shall, in writing, suspend from office a Board 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 shall not carry out any duties or be entitled to any remuneration or allowances as a member of the Board.
8. Filling of vacancies of Board
On the death of, or the vacating of office by, a Board member, the Minister shall appoint a person to take the place of the member who died or vacated his office until the expiry of the period during which such member would have otherwise continued in office.
9. Payment of members
A Board member shall be paid such remuneration, such allowances, and such travelling expenses, incurred in connection with his service on the Board, as the Minister may determine.
9A. Strategic and annual plans
(1) The Authority shall submit five year strategic plans to the Minister outlining-
(a) the goals of the Authority,
(b) the objectives of the Authority,
(c) the budget of the Authority; and
(d) any other matter which the Minister may direct, for that five year period.
(2) The Authority shall, at least three months before the beginning of each financial year, submit an annual plan to the Minister, for the Minister's approval, outlining-
(a) the goals of the Authority,
(b) the objectives of the Authority,
(c) the budget of the Authority; and
(d) any other matter which the Minister may direct, for that financial year.
10. Authority's funds
(1) The Authority's funds shall consist of-
(a) such fees as the Authority may impose for services provided under this Act;
(b) such fees as the Minister may impose for licences issued under this Act;
(c) such moneys as may be appropriated by the National Assembly;
(d) contributions or endowments from any other source; and
(e) such other fees or moneys as the Authority may by virtue of this Act, raise or impose.
(2) The Authority shall use the funds acquired under subsection (1) to meet the costs incurred for its operations and shall use any surplus funds and any properties that accrue to the Authority, in such manner as the Minister may approve.
