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Botswana Meat Commission - The Commission And Its Functions (Ss 3-11)

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3.       Establishment of Commission

 

            (1) There is hereby established a Commission to be known as the Botswana Meat Commission.

            (2) The Commission shall be a body corporate capable of suing and of being sued under the said name.

            (3) The provisions of the Schedule shall have effect with respect to the Commission.

 

4.       Purpose of Commission

 

            (1) The purpose for which the Commission is established is to carry on the business referred to in subsections (2) and (3) in such a manner as to promote the interests of the livestock producing industry of Botswana, and in particular to secure that so far as is reasonably possible all livestock offered or available for sale in Botswana to the Commission are purchased and that the prices paid therefor are reasonable and to carry out such other functions as the Minister may, by notice in writing to the Commission, declare to be in the interests of the livestock producing industry.

            (2) The business of the Commission is to purchase cattle and to slaughter the same and prepare and sell the products of such slaughtering or, if the Commission thinks fit, to sell on the hoof cattle so purchased; in addition the Commission may, in its discretion and with the consent of the Minister, promote schemes for the improvement of the standard and condition of cattle to be sent for slaughter or sold on the hoof and promote other commercial schemes for the development and improvement of the livestock industry.

            (3) The provisions of subsection (2) shall have effect, in like manner as they have in respect of cattle, in respect of such other kinds of domestic animals as the Minister may from time to time designate by order published in the Gazette after consultation with the Commission.

 

5.       General powers of Commission

 

            Subject to the provisions of this Act, the Commission shall have power to do anything and enter into any transaction which in its opinion is calculated to facilitate the achievement of the purpose for which it is established, or the proper discharge of any function conferred or imposed upon it by or under this Act or any other law, or which is incidental or conducive thereto.

 

6.       Formation of companies

 

            (1) The Commission may, with the consent of the Minister, form one or more companies under the Companies Act to carry on any business and to carry out any purpose which the Commission itself may carry on or carry out.

            (2) Any consent to the formation of a company given by the Minister may be given subject to such conditions as he may see fit to impose.

 

7.       General duties of Commission

 

            The Commission shall ensure that its business is conducted efficiently and economically, and in a manner which in the opinion of the Commission is best calculated to achieve the purpose for which it is established.

 

8.       Interests of employees

 

            (1) The Commission shall take all practicable steps to secure-

     (a)     the safety, health and welfare of persons in its employment or in the employment of others in activities carried on in association with the Commission; and

     (b)     the skill, knowledge or usefulness of such persons in the conduct of the activities in which they are employed.

            (2) In the performance of its duty under subsection (1), and in dealing with matters affecting terms or conditions of employment, the Commission shall, from time to time, except insofar as it is satisfied that adequate machinery exists for achieving the purpose of this subsection, seek consultation with persons or bodies appearing to it to represent or to have qualifications to speak on behalf of substantial numbers of the employees affected.

 

9.       Powers of Minister in relation to Commission

 

            (1) The Minister may, after consultation with the Commission, give it directions of a general character as to the exercise and performance of its functions in relation to matters appearing to him to concern the public interest, and the Commission shall give effect to any such directions.

            (2) The power to give directions conferred by subsection (1) shall include power to give directions as to the manner in which the Commission exercises control over any company which it has formed and the Commission shall give effect to such directions.

            (3) The Minister may, after consultation with the Commission, give it directions (notwithstanding that such directions may be of a specific character) in determining which livestock offered or available for sale to the Commission at any time it should purchase, up to the total number thereof which the Commission is in its opinion able to purchase at that time, and the Commission shall give effect to any such directions.

            (4) Before undertaking-

     (a)     the adoption of substantially new forms of business;

     (b)     an outlay of capital account exceeding P500 000 in any single programme or related group of programmes, in respect of works outside the towns in which the Commission owns an abattoir or other property;

     (c)     the disposal, or lease exceeding 12 months, of any abattoir or cannery or premises forming part thereof owned by the Commission; or

     (d)     the acquisition of shareholding in any company or the entering into any partnership,

the Commission shall obtain the approval of the Minister.

            (5) The Commission shall not, without the prior approval of the Minister-

     (a)     enter into any contract for the sale of meat to any company in which the Commission holds shares or to any partnership in which the Commission is a partner; or

     (b)     enter into any long-term contract if the quantity of meat to be delivered thereunder in any financial year, together with the quantity of meat to be delivered under all other long-term contracts in the same financial year, exceeds 10 percent of the total quantity of meat prepared for sale by the Commission in the preceding financial year.

            (6) For the purposes of subsection (5)(b), the expression "long-term contract" means a contract under which the Commission contracts to sell meat at a price which is not capable of revision during a period exceeding 12 months.

 

10.     Annual report to the Minister

 

            (1) The Commission shall, as soon as possible after the end of each financial year and in any event before the expiration of six months thereafter, submit to the Minister a full report on its activities during that year.

            (2) The report for any year shall include-

     (a)     a copy of the statement of accounts for that year prepared in pursuance of section 20(1);

     (b)     a copy of the report of the auditors under section 20(3) in respect of the accounts for that year;

     (c)     a statement of every direction given by the Minister under section 9(1), (2) or (3) during that year;

     (d)     a statement of all matters settled with the approval of the Minister under section 9(3) and (4), 12(2), 15(2) and (3) or 19 during that year;

     (e)     a statement of every such matter as is referred to in paragraph (d) in which the Minister has withheld his approval during that year; and

     (f)      a statement of every permit issued under section 21(2) during that year without the concurrence of the Commission.

            (3) The Minister shall lay a copy of every such report before the National Assembly.

 

11.     Other reports to the Minister

 

            The Commission shall furnish to the Minister such other information and returns relating to the property or activities or proposed activities of the Commission or of others by whom activities are carried on or are proposed to be carried on in association with it (being information which in the opinion of the Minister concerns the public interest and which is in the possession of the Commission or can be obtained by it with reasonable facility or being returns giving such information) as the Minister may from time to time reasonably require, and shall afford to him facilities for the verification of information furnished by it in such manner and at such times as he may reasonably require.