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

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3.       Establishment of Corporation

 

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

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

 

4.       Composition of Corporation

 

            (1) The governing body of the Corporation shall be a Board of Management consisting of the following members appointed by the Minister-

     (a)     the Chairman;

     (b)     the General Manager of the Corporation appointed under section 10, ex officio; and

     (c)     not less than 5 or more than 7 other persons who in the opinion of the Minister have knowledge and experience likely to contribute to the successful management of the Corporation.

            (2) A person shall not be competent to be appointed or to act as a member of the Board if he-

     (a)     is a member of the National Assembly;

     (b)     is an employee of the Corporation;

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

     (d)     has been convicted in any country of an offence involving dishonesty.

 

5.       Resignation and removal from office

 

            (1) Any member of the Board other than the General Manager may resign his membership of the Board by notice in writing addressed to the Minister.

            (2) A member of the Board may be removed from membership thereof if-

     (a)     any circumstances arise, which if he were not a member would cause him to be disqualified for appointment as a member of the Board under section 4(1);

     (b)     he becomes of unsound mind;

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

     (d)     he is absent from 3 consecutive meetings of the Board without such reason as appears to the Minister to be sufficient;

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

     (f)      is guilty of serious misconduct in relation to his duties as Chairman or member of the Board; or

     (g)     in the case of a person possessed of professional qualifications, he 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 Board, other than the Chairman and the General Manager, shall hold office for such period not exceeding 4 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 Board 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 Board shall hold office as Chairman for a period of 3 years and may be reappointed for any further period of 3 years at a time.

            (3) The Board shall once in every year elect from among its members (other than the ex-officio member) a Vice-Chairman who shall hold office as Vice-Chairman for a period of one year.

            (4) Subject to the provisions of this Act, where any member of the Board is incapacitated by absence from Botswana or illness or any other sufficient cause from performing the duties of his office, the Minister shall appoint another person to hold office in his place until the incapacity of that person has terminated or until the term of office of such member expires, whichever first occurs.

 

7.       Payment of members

 

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