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Broadcasting - National Broadcasting Board (Ss 3-11) *

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3.       Establishment of the Board

 

            There is hereby established a National Broadcasting Board (in this Act referred to as "the Board") which shall perform such functions as may be conferred on it by this Act or any other enactment.

 

4.       Composition of the Board

 

            The Board shall consist of 11 members who shall be appointed in accordance with the provisions of section 5.

 

5.       Appointment of members of the Board

 

            The Minister shall appoint the following persons as members of the Board, namely-

     (a)     an officer from the Office of the President;

     (b)     an officer from the Ministry of Commerce and Industry who is responsible for administering copy right legislation in that Ministry;

     (c)     an officer from the Department of Cultural and Social Welfare in the Ministry of Labour and Home Affairs;

     (d)     a representative of the Authority; and

     (e)     seven persons, one of whom shall be designated as Chairman of the Board, appointed from a list of 10 candidates nominated by the Nominating Committee in accordance with the provisions of section 8.

 

6.       Tenure of office

 

            (1) Subject to the following provisions of this section, each member of the Board shall hold and vacate office in accordance with the terms of his or her appointment ;

            (2) A person shall not be appointed to be a member of the Board for more than five years at a time, but shall be eligible for re-appointment on the expiry of the period of appointment.

            (3) Any member of the Board may at any time resign his or her office by notice in writing to the Minister.

 

7.       Remuneration of members

 

            The Board may pay to each member such allowances as the Minister may, after consulting the Ministry of Finance and Development Planning, determine.

 

8.       Nominating Committee

 

            (1) There shall be established for the purposes of this Act a Committee which shall be called the Nominating Committee (in this Act referred to as "the Committee").

            (2) The Committee shall consist of the following members-

     (a)     a Chairman who shall be a member of the Law Society of Botswana nominated by the Council of the Law Society;

     (b)     the Vice-Chancellor of the University of Botswana or "his or her nominee;

     (c)     a representative of the Office of the President.

            (3) The Committee shall, by consensus, nominate 10 candidates desirous of being appointed as members of the Board and shall submit their names and recommendations on each candidate to the Minister.

            (4) Every candidate to be nominated shall be interviewed by the Committee.

            (5) For the purpose of interviewing candidates for nomination under subsection (3), the Committee shall cause to be advertised in the Botswana Government Gazette and in any local newspaper inviting candidates desirous of being appointed to the Board to apply to the Committee to be interviewed for nomination.

            (6) The interview of candidates for nomination under subsection (3) shall be conducted in accordance with the principles of transparency and openness.

 

9.       Secretariat of the Board

 

            (1) The Authority shall be the Secretariat of the Board and shall discharge such functions of the Board as may be delegated to it.

            (2) The Authority shall designate to the Board such officers of the Authority as may be necessary for the performance of the functions of the Board and the administration of this Act.

            (3) Without prejudice to the preceding provisions of this section, the Authority shall advise the Board on technical matters in relation to its functions.

            (4) Regulations may provide for the payment to the Authority of any expenses or costs incurred by it in the performance of its functions under this Act.

 

10.     Functions of the Board

 

            (1) The functions of the Board shall be-

     (a)     to issue broadcasting licences;

     (b)     to exercise control over and to supervise broadcasting activities, including the relaying of radio and television programmes from places in and out of Botswana to places in and outside Botswana;

     (c)     to allocate available spectrum resources in such manner as to ensure the widest possible diversity of programming and optimal utilisation of the spectrum resources.

            (2) The Board may establish different application and assessment procedures for private, community and public broadcasting including invitations through tendering process and shall, to the maximum extent possible, consistent with safety, efficiency and economy, give preference to enterprises which are owned by citizens or in which citizens have significant shareholding.

 

11.     Proceedings of the Board

 

            Arrangements relating to the meetings of the Board shall be such as the Board may determine.

            (2) The quorum at any meeting of the Board shall not be less than a half of the number of the members of the Board.