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Botswana Power Corporation - Establishment, Constitution And Membership Of The Corporation (Ss 3-7)

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3.       Establishment of the Corporation

 

            (1) There is hereby established a Corporation to be known as the Botswana Power Corporation.

            (2) The Corporation shall be a body corporate capable of suing and being sued in the name of the Botswana Power Corporation and, subject to the provisions of this Act, of performing such acts as bodies corporate may by law perform.

 

4.       Constitution

 

            (1) The Corporation shall consist of a chairman and not less than six nor more than eight other members, who shall be appointed by the Minister by notice published in the Gazette.

            (2) In making such appointments the Minister shall take into account the desirability of such interests as are affected by the Corporation's activities being represented.

            (3) A person shall be disqualified from being appointed or being a member of the Corporation-

     (a)     if he is a Member of the National Assembly, or is an employee of the Corporation; or

     (b)     if he has been declared insolvent or bankrupt under any law in any country and has not been discharged, or has made a composition with his creditors and has not paid his debts in full.

 

5.       Resignation and removal from office

 

            The chairman and any other member of the Corporation may, if not a public officer, resign his office by notice in writing addressed to the Minister, and may be removed from office by the Minister if he-

     (a)     ceases to hold the office by virtue of which he was appointed;

     (b)     becomes of unsound mind;

     (c)     is declared insolvent or bankrupt under any law in force in any country;

     (d)     suspends payment of his debts or compounds with his creditors;

     (e)     is absent from three consecutive meetings of the Corporation without such reason as appears to the Minister to be sufficient;

     (f)      is sentenced to imprisonment without the option of a fine or is convicted of an offence involving dishonesty;

     (g)     is guilty of serious misconduct in relation to his duties as chairman or member of the Corporation; or

     (h)     in the case of a person possessed of professional qualifications, is disqualified or suspended, otherwise than at his own request, from practising his profession in Botswana or in any other country by order of any competent authority made in respect of him personally.

 

6.       Tenure of office

 

            (1) A member of the Corporation, other than the chairman, shall hold office for such period not exceeding four years, as may be specified in the notice appointing him, and on the expiration of such period shall be eligible for reappointment:

            Provided that in appointing members of the Corporation the Minister shall specify such periods of appointment that the periods of appointment of not more than one third of the members shall expire in any one year.

            (2) The chairman of the Corporation shall hold office as chairman for a period of three years, and may be reappointed for a further period of three years.

            (3) The Corporation shall once in every year elect from among its members a vice-chairman who shall hold office as vice-chairman for a period of one year.

 

7.       Payment of members

 

            The Corporation shall pay to the members thereof such remuneration, fees and allowances for expenses as may be approved by the Minister.