Media Practitioners - Miscellaneous Provisions Ss 2938

Link to law: http://www.elaws.gov.bw/desplaylrpage1.php?id=1618

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29. Competition

(1) In carrying out its

functions and exercising its powers under this Act, the Council shall take into

account—

(a) whether the conditions for effective

competition exist in the market;

(b) whether any act by a publisher is likely to

cause the lessening of competition in the market; and

(c) whether any act by a publisher is in

contravention of the applicable laws relating to competition issues.

(2) Notwithstanding the

provisions of sections 9 (2) and 9 (3) (e), the Council shall, in

addition, refer all issues relating to competition which may arise in the

course of the discharge of its functions to the appropriate authority

established to deal with competition issues.

[Ch6109s30]30. Disclosure of

interest

(1) A member or associate

member who has an interest in a contract proposed to be made with the Council

or in a matter for discussion by the Council shall disclose the nature of that

interest to the Council and shall, unless the meeting otherwise directs, be

disqualified from participating in the deliberations on that contract or matter

and from voting on a decision on that contract or matter.

(2) Where a member or

associate member fails to disclose an interest under subsection (1), he or she

shall cease to be a member of the Council in accordance with section 8.

(3) Any deliberations or

decisions undertaken by the Council involving a member or associate member who

fails to disclose an interest under subsection (1), shall be void.

[Ch6109s31]31. Accounts to be

kept

(1) The treasurer of the

Executive Committee under section 18 (1) (a) shall cause proper accounts

of all its funds, property, assets and liabilities of the Council to be kept,

and to be audited in every year.

(2) The audited accounts

shall be presented by the Executive Committee to the ordinary general meeting.

[Ch6109s32]32. Funds of

Council

(1) The funds of the Council

shall consist of—

(a) members’ voluntary contributions, bequests,

and subscription fees;

(b) fees and other monies paid for services

rendered by the Council;

(c) monies from the rental or sale of any

property of the Council; and

(d) grants, gifts or donations from lawful

organisations or sources.

(2) The Council shall keep bank

accounts in such banks, and in such a manner as it may determine.

(3) There shall be disbursed

from the funds of the Council—

(a) the salaries and expenses of the staff of

the Council;

(b) such reasonable travelling and subsistence

allowances for members of the Council or members of any committee of the

Council when engaged in the business of the Council; and

(c) any other expenses incurred by the Council

in the discharge of its functions.

[Ch6109s33]33. Financial year

of Council

The financial year of the

Council shall be the period of 12 months commencing on 1st April each year and

ending on 31st March of the following year.

[Ch6109s34]34. Annual reporting

(1) The Executive Committee

shall present to the ordinary general meeting a full report of its activities.

(2) The Executive Committee

shall, at the end of each financial year, submit to the Minister an annual

report indicating the activities and operations of the Council in respect of

that financial year.

[Ch6109s35]35. Role of

Minister

The Minister may, by order,

direct that the Executive Committee be dissolved and that a new Executive

Committee be elected, where the Executive Committee fails to submit its annual

report, in accordance with section 34 (2).

[Ch6109s36]36. Transitional

provisions

(1) In this section,

"interim Executive Committee" means the Executive Committee appointed

by the Minister, in writing, for the time being, until the Council elects the

Executive Committee under section 18 (2).

(2) The interim Executive

Committee shall be composed of nine members, who shall be publishers.

(3) A publisher shall apply,

in writing, to the interim Executive Committee for membership of the Council.

(4) The interim Executive

Committee shall—

(a) approve or reject an application under

subsection (3),

(b) carry out the functions of the Executive

Committee under section 18 (3); and

(c) continue to operate until the Council

elects the Executive Committee under section 18 (2).

[Ch6109s37]37. Regulations

(1) The Executive Committee

may, subject to approval by a special resolution, make regulations providing

for any matter which is to be provided for by regulations made by the Executive

Committee or which is to be prescribed by the Executive Committee, which shall

be binding on all members of the Council, and in addition prescribing all or

any of the following matters—

(a) the regulation of powers exercisable by the

Council and of committees appointed by the Council;

(b) the delegation of functions of the Council

under section 23;

(c) the manner of applying for registration and

accreditation of resident media practitioners under section 6 (2);

(d) the manner of convening meetings of the

Council and of committees appointed by the Council, voting procedures and other

procedures thereof;

(e) the manner of application for membership of

the Council and termination of such membership; and

(f) such other matters as may be deemed by the

Council to be necessary for the promotion of the functions and the regulation

of the affairs of the Council.

(2) For the purposes of this

section, "special resolution" means a resolution passed by not less

than two-thirds of members and associate members of the Council as may be

present and voting thereon at a general meeting of the Council duly convened

with notice of the intention to propose such resolution.

[Ch6109s38]38. Regulations to

be made by the Minister

The Minister may, by

statutory instrument, make regulations —

(a) directing that the Executive Committee be

dissolved and that the Council elects a new Executive Committee, in accordance

with section 35;

(b) relating to any other matter intended to

safeguard the interests of the public and promote professional standards in the

media;

(c) giving effect to the Code of Ethics issued

by the Council;

(d) relating to the registration and

accreditation of non-resident media practitioners; and

(e) prescribing anything to be prescribed by

the Minister under this Act.