Key Benefits:
27. Chief Executive Officer
(1) There shall be a Chief Executive Officer of the Authority, who shall be appointed by the Minister, on the recommendation of the Board, on such terms and conditions as may be specified in the instrument of appointment.
(2) The Chief Executive Officer shall be a person with considerable knowledge and experience in aviation, administration, industry or engineering and who has such other qualifications and experience or proven ability in other fields as the Board and the Minister may consider relevant.
(3) The Chief Executive Officer shall be responsible to the Board.
(4) The Chief Executive Officer shall not, while in the employment of the Authority, engage in paid employment outside the duties of his or her office in the Authority.
(5) The Chief Executive Officer shall hold office for a period not exceeding five years, as may be specified in the instrument of appointment, and shall be eligible for re-appointment.
(6) The Minister may, after consultation with the Board, terminate the appointment of the Chief Executive Officer-
(a) if the Chief Executive Officer conducts himself or herself in a manner that is detrimental to the objective of, or the proper performance of the functions of the Authority;
(b) if the Chief Executive Officer has been found to be physically or mentally incapable of performing his or her duties efficiently by his or her medical doctor or by an independent medical doctor;
(c) if the Chief Executive Officer becomes bankrupt; or
(d) if the Chief Executive Officer absents himself or herself from office without reasonable excuse.
(7) The Chief Executive Officer may resign from his or her office by giving six months' notice, in writing, to the Board and the Minister.
28. Duties of Chief Executive Officer
(1) The Chief Executive Officer shall, subject to the control of the Board on matters of policy, be responsible for-
(a) the supervision of the day-to-day affairs of the Authority;
(b) ensuring that the Authority is carrying out the functions and duties placed upon it in terms of this Act including the enforcement of safety standards and implementation of safety oversight activities;
(c) running the Authority on sound commercial and financial principles in accordance with policies and decisions made by the Board;
(d) the planning and implementation of the development of the civil aviation industry in Botswana, aiming at promoting efficient, safe and reliable aviation services;
(e) controlling the resources and operations of all the services under the Authority;
(f) submitting business plans and estimates of income and expenditure to the Board for its approval;
(g) implementing the decisions of the Board; and
(h) carrying out any duty that may be conferred on him or her by the Minister or the Board.
(2) In the performance of his or her duties, the Chief Executive Officer shall keep the Board fully informed of the affairs of the Authority and shall consult the Board from time to time, as may be necessary.
(3) The Chief Executive Officer may delegate to the Secretary, any senior staff or any member of staff of the Authority, as he or she considers appropriate, the exercise of any powers which he or she is authorised to exercise under this Act.
(1) There shall be a Secretary of the Authority who shall be appointed by the Chief Executive Officer, with the approval of the Board, on such terms and conditions as may be specified in the instrument of appointment.
(2) The Secretary shall, in addition to any function that may be assigned to him or her by the Board or the Chief Executive Officer, be responsible for-
(a) taking the minutes of the meetings of the Board;
(b) keeping the records of all decisions of the Board; and
(c) keeping records of legal transactions of the Authority.
(3) The Secretary shall, unless under exceptional circumstances the Board otherwise directs, in writing, giving the circumstances leading to its decision, attend all meetings of the Board, but shall not have a right to vote on any matter before the Board.
(4) In the absence of the Secretary, the Chief Executive Officer may appoint any member of staff of the Authority to perform the functions of the Secretary until the Secretary resumes office or the vacancy is filled, as the case may be.
(5) In the performance of his or her duties, the Secretary shall be responsible to the Chief Executive Officer.
(6) The Chief Executive Officer may, with the approval of the Board, terminate the appointment of the Secretary, on such grounds referred to in the instrument of appointment or on the same grounds specified in relation to the Chief Executive Officer under paragraphs (a) to (d) of section 27(6).
30. Appointment of staff of Authority
(1) The Chief Executive Officer shall appoint the senior staff of the Authority with the approval of the Board.
(2) The Chief Executive Officer shall appoint such other staff as may be necessary for the proper discharge of the functions of the Authority.
(3) The terms and conditions of employment of the senior staff of the Authority as well as other staff shall be determined by the Board.
(4) The Authority shall, in the case of its staff other than the Chief Executive Officer, pay wages, salaries, pensions, allowances and any other pecuniary and non-pecuniary benefits as the Board shall determine.
31. Training of staff by Authority
The Authority shall put in place arrangements to train its staff to acceptable standards and for competency for the performance of their duties.
32. Exemption from personal liability
A Member, member of a committee of the Board, or any member of staff of the Authority or other person acting under the direction of the Authority or the Board shall not, in his or her personal capacity, be liable in civil or criminal proceedings in respect of any act done in good faith in the performance of his or her duties under this Act.
