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Botswana Housing Corporation - Establishment, Constitution And Membership Of Corporation And Board (Ss 3-7)

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3.       Establishment of Corporation

 

            There is hereby established a body to be known as the Botswana Housing Corporation, which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and, subject to the provisions of this Act, of holding and disposing of movable and immovable property, and of doing all such things as are necessary for, or are conducive to, the proper carrying out of its objects and the performance of its duties under this Act.

 

4.       Establishment of Board

 

            (1) The Minister shall appoint a Board to be known as the Botswana Housing Corporation Board, consisting of not less than seven or more than ten members who, in the opinion of the Minister, have knowledge and experience likely to contribute to the successful direction of the affairs and operations of the Corporation.

            (2) From among the members appointed under subsection (1) the Minister shall designate one to be the Chairman of the Board.

            (3) The Board shall, subject to any special or general directions of the Minister, be responsible for the overall direction of the affairs of the Corporation, and for such other matters as may be specified in this Act.

            (4) Appointments to the Board, and of the Chairman, shall be signified by notice in the Gazette.

 

5.       Tenure of office of members

 

            (1) A member shall be appointed for such period, not exceeding four years, as shall be specified in the notice appointing him, and at the termination of such period he shall be eligible for reappointment:

            Provided that, in appointing members to the Board, the Minister shall specify such periods of appointment as ensure that the appointments of not more than one third of the members expire in any one year.

            (2) The appointment of the Chairman by the Minister shall be for a period of three years, but he shall be eligible for reappointment.

            (3) Once in every year the members shall elect from among their number a Deputy Chairman, who shall hold such office for one year, and shall be eligible for re-election.

            (4) If at any time the Minister is satisfied that a member is temporarily incapacitated by illness, absence or other sufficient cause from satisfactorily performing the duties of such member, he may appoint some fit and duly qualified person to be a temporary member in place of the incapacitated member during the period of his incapacity, and the person so appointed shall, whilst so appointed, be deemed to be a full member of the Board.

 

6.       Disqualification of members

 

            (1) No person shall be appointed to be a member who-

     (a)     has been declared insolvent or bankrupt under any law in any country, and has not been rehabilitated or discharged, or who has made a composition with his creditors and has not paid his debts in full;

     (b)     is incapacitated by physical or mental illness or infirmity from performing his functions;

     (c)     is a member of the National Assembly;

     (d)     has been convicted of an offence for which the prescribed sentence is a term of imprisonment, with or without the option of a fine, or who has been convicted of an offence involving dishonesty;

     (e)     has such financial or other interests, whether in the operations of the Corporation or otherwise, as is likely, in the opinion of the Minister, to prejudicially affect the discharge by him of the functions of a member.

            (2) If the Minister is satisfied that a member-

     (a)     has become subject to any of the disabilities specified in subsection (1);

     (b)     has been absent from three consecutive meetings of the Board without the consent of the Chairman;

     (c)     is otherwise unable or unfit to carry out the functions of a member,

the Minister may declare his office as a member to be vacant, and may thereupon appoint another fit and qualified person to assume such office.

            (3) Notwithstanding the provisions of subsection (2), the Minister may at any time, for reasons that appear to him to warrant such action, remove a member from office.

 

7.       Payment of members