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Statistics - Statistics Botswana Ss 325 Establishment And Functions Of Statistics Botswana

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3.       Establishment of Statistics Botswana

            (1) There is hereby established a body to be known as Statistics Botswana.

            (2) Statistics Botswana shall be a body corporate with perpetual succession and a common seal, 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.       Functions of Statistics Botswana

            (1) Statistics Botswana shall be-

     (a)     pre-eminent national agency responsible for the development and management of official statistics; and

     (b)     the official source and the custodian of official statistics in the country.

   (2) Without derogating from the generality of subsection (1), the functions of Statistics Botswana shall be to-

     (a)     collect, process, compile, analyse, publish, disseminate and archive official statistics on-

           (i)       commercial, industrial, financial, agricultural, social, economic, environmental, energy, communication, and general activities; and

          (ii)       conditions of living of households;

     (b)     advise Government and other agencies on policy, procedures and regulations relating to the development of official statistics;

     (c)     collaborate with Government ministries, departments and other agencies in the collection, compilation, processing, publication, dissemination and archiving of statistical information including statistics derived from routine administrative activities;

     (d)     develop and promote the use of statistical standards and appropriate methodologies;

     (e)     conduct the population and housing census every 10 years and any other censuses such as agricultural, business censuses and surveys, as the Board may determine;

     (f)      organise and maintain a central depository of statistical reports, publications, documents and data from both within and outside Botswana;

     (g)     develop and maintain a business register for the purpose of creating a sampling frame;

     (h)     develop and maintain a comprehensive national socio- economic database;

     (i)      provide a focal point of contact with international agencies on statistical matters;

     (j)      provide the Minister with a progress report on activities of Statistics Botswana bi-annually;

     (k)     review the structure of Statistics Botswana as necessary; and

     (l)      do all such things as are necessary, incidental or conducive to the functions of Statistics Botswana under this Act.

            (3) Statistics Botswana shall, in carrying out its functions, exercise professional independence in the manner it collects, processes, analyses, reports, disseminates and archives statistical information in order to protect and enhance the integrity and impartiality of official statistics.

5.       Seal of Statistics Botswana

            (1) The seal of Statistics Botswana shall be such a device as may be determined by the Board and shall be kept by the Secretary of the Board.

            (2) The affixing of the seal shall be authenticated by the Chairperson of the Board and the Secretary or any other person authorised by a resolution of the Board.

            (3) Any contract or any agreement which, is entered into or executed by a person not being a body corporate, may be entered into or executed without the affixing of the seal.

Constitution and Qualifications of Board

6.       Constitution of Board

            (1) There shall be a Board of Directors constituted as provided in subsection (2), which shall be the governing and policy making body of Statistics Botswana.

            (2) The Board shall consist of nine persons appointed by the Minister, one of whom shall be a distinguished statistician and others be appointed in their capacity as senior officers of the following institutions-

     (a)     Ministry of Finance and Development Planning;

     (b)     Bank of Botswana;

     (c)     Botswana Unified Revenue Service;

     (d)     Ministry of Transport and Communications;

     (e)     a University in Botswana;

     (f)      Botswana Institute for Development Policy Analysis;

     (g)     Botswana Confederation of Commerce, Industry and Manpower; and

     (h)     a civil society organisation.

            (3) The Statistician General shall be ex-officio member of the Board.

            (4) The Minister shall appoint the Chairperson of the Board from members appointed under subsection (2).

            (5) The Board shall elect the Vice Chairperson from among their number.

7.       Tenure of office Statistics

            (1) A member of the Board shall hold office for the period specified in the instrument of his or her appointment, which shall not be more than five years.

            (2) If otherwise qualified, a member is eligible for reappointment.

  8.   Qualifications, removal and resignation of members of Board

            (1) The Minister shall not appoint a person to be a member unless satisfied that the person has qualifications, knowledge of, or experience in, statistics, economics, demography, information technology, geo-information or any other relevant field and has proven managerial ability.

            (2) No person shall be appointed as a member or be qualified to continue to hold office who-

     (a)     has in terms of a law in force in any country-

           (i)       been adjudged or otherwise declared bankrupt and has not been discharged; or

           (ii)       made an assignment to, arrangement or composition with his or her creditors, which has not been rescinded or set aside;

     (b)     has, within the period of 10 years immediately preceding the date of his or her appointment, convicted-

           (i)       of a criminal offence in Botswana; or

          (ii)       outside Botswana, of an offence which if committed in Botswana, would have been a criminal offence,

and sentenced by a court of competent jurisdiction to imprisonment for six months or more without the option of a fine, whether that sentence has been suspended or not, and for which he or she has not received a free pardon.

            (3) The Minister shall remove from office a member if the member-

     (a)     is absent without reasonable cause from three consecutive meetings of the Board of which he or she has had notice;

     (b)     has been found to be physically or mentally incapable of performing his or her duties efficiently, and a medical doctor has issued a certificate to that effect;

     (c)     contravenes the provisions of this Act or otherwise misconducts himself or herself to the detriment of the objectives of the Board.

     (d)     has failed to comply with the provisions of section 14; or

     (e)     has been convicted of an offence under this Act, or under any other Act for which he or she is sentenced to imprisonment for a term of six months or more without an option of a fine.

            (4) A member may resign from office by giving 30 days notice in writing to the Minister.

            (5) The office of a member shall become vacant after-

     (a)     a period of 30 days from the date a ruling against the member is made on all appeals made in respect of charges levelled against him or her;

     (b)     a period of 30 days has elapsed from the date the member has given notice in writing to the Minister under subsection (4), of his or her intention to resign;

     (c)     a period of 30 days has elapsed from the date the member is given notice in writing by the Minister to vacate office; or

     (d)     a member is summarily dismissed by the Minister for contravening the provisions of this Act or for misconduct under subsection (3)(c).

            (6) For the purposes of subsection (3)(c) "misconduct" includes any act done without reasonable excuse by a member which-

     (a)     amounts to a failure to perform in a proper manner, and duty imposed on him or her as such;

     (b)     is pre-judicial to the efficient carrying out, the functions of the Board; or

     (c)     tends to bring the Board into disrepute.

9.       Filling of vacancy

            (1) Where the office of a member becomes vacant before the expiry of a member's term of office, the Minister shall appoint another person to be a member in the place of the member who vacates office, until the expiry of the period during which such member would have otherwise continued in office.

            (2) Subsection (1) shall not apply where the remaining period in office for the member vacating office is less than six months.

10.     Remuneration

            The members of the Board shall be paid out of the funds of Statistics Botswana such remuneration and allowances, if any, as the Minister may from time to time determine.

11.     Strategic and annual plan

            (1) The Board shall submit a five year strategic plan to the Minister outlining-

     (a)     the goals of Statistics Botswana;

     (b)     the objectives of Statistics Botswana;

     (c)     the budget of Statistics Botswana; and

     (d)     any other matter which the Minister may direct, for that five year period.

           (2) The Board shall, at least three months before the beginning of each financial year, submit an annual plan to the Minister, for the Minister's approval, outlining-

     (a)     the goals of Statistics Botswana;

     (b)     the objectives of Statistics Botswana;

     (c)     the budget of Statistics Botswana; and

     (d)     any other matter which the Minister may direct, for that financial year.

Meetings and Proceedings of Board

12.     Election of Vice Chairperson

            (1) At the first meeting of the Board, the members shall elect, from among their number, a Vice Chairperson who shall hold office for two years.

            (2) On the expiry of the term of office of the Vice Chairperson or where the Vice Chairperson vacates his or her office as such, a new Vice Chairperson shall be elected by the members from among their number at the next meeting of the Board or as soon thereafter as may be convenient.

            (3) The Vice Chairperson may vacate his or her office as such even though he or she remains a member.

            (4) The Vice Chairperson shall exercise the functions of the Chairperson during the period that the Chairperson is absent or unable to act as Chairperson.

13.     Meetings of the Board Statistics

            (1) Subject to the provisions of this Act, the Board may regulate its proceedings.

            (2) The Board shall hold its first meeting on such date and at such place as the Minister may fix and thereafter the Board shall meet at least once in every three months for the transaction of its business.

            (3) Upon giving notice in writing, of not less than 14 days, a meeting of the Board may be called by the Chairperson and shall be called if not less than one half of the members so request writing.

            (4) Where the urgency of any particular matter does not permit the giving of notice in accordance with subsection (3), a special meeting may be called by giving a shorter notice.

            (5) The quorum at any meeting of the Board shall be one half of the members.

            (6) There shall preside, at any meeting of the Board-

     (a)     the Chairperson;

     (b)     in the absence of the Chairperson, the Vice Chairperson; or

    (c)     in the absence of the Chairperson and Vice Chairperson, such member as the members present may elect from amongst themselves for the purposes of the meeting.

            (7) Adecision of the Board on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding shall have a casting vote in addition to that person's deliberative vote.

            (8) The Board may invite any person whose presence it considers necessary to attend and participate in the deliberations of a meeting of the Board, but such person shall have no vote.

14.     Declaration of interest

            (1) Where a member is present at a meeting of the Board or any committee, at which meeting a matter which is the subject of consideration is one in which he or she is directly or indirectly interested in a private capacity, the member shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion of, or vote on any question touching upon such matter.

            (2) A disclosure of interest made in accordance with subsection (1) shall be recorded in the minutes of the meeting at which it is made.

            (3) Where a member fails to disclose his or her interest in accordance with subsection (1) and a decision by the Board is made benefiting such a member, such decision shall be void.

            (4) Any person who contravenes the provisions of this section commits an offence and is liable to a fine not exceeding P2 000, or to imprisonment for a term not exceeding 12 months, or to both, and for a second or subsequent offence to a fine not exceeding P5 000, or to imprisonment for a term not exceeding five years, or to both.

15.     Committees of Board

            (1) The Board may appoint committees of a general, special or professional nature, consisting of its members or other suitably qualified persons.

            (2) The Board may, by resolution, delegate to any committee of the Board the exercise of any of the powers which the Board or Statistics Botswana is authorised by this Act to exercise either generally or in any particular case.

            (3) The Board shall appoint a Chairperson of any of its committees from amongst its members.

            (4) An officer of Statistics Botswana appointed in writing by the Statistician General shall be secretary to any committee and shall on the instructions of the Chairperson of the committee convene meetings of the committee.

16.     Meetings of committees

            (1) The Chairperson of a committee may at any time convene a meeting of the committee.

            (2) At any meeting of a committee the majority of members of the committee or such other number as may be fixed by the Board in any particular case shall form a quorum.

            (3) A member of a committee shall be paid out of the funds of the Statistics Botswana, such remuneration and allowances, if any, as the Board may determine.

            (4) Any reference in this Act to the Board or to the Chairperson in relation to the exercise of any power which the Board has delegated to a committee shall be construed as including a reference to that committee or to the Chairperson of that committee as the case may be.

17.     Direction by Minister

            (1) The Minister may, after consultation with the Board, give to Statistics Botswana such directions of a general character as to the exercise and performance of its powers in fulfilling of its functions as are necessary in fulfilment of public policy and which are not inconsistent with this Act or with the contractual and other legal obligations of Statistics Botswana, and Statistics Botswana shall give effect to any such directions.

            (2) The Chairperson shall from time to time submit, to the Minister, reports with regard to matters relating to the activities of Statistics Botswana which in the opinion of Statistics Botswana, should be brought to the notice of the Minister.

            (3) The Statistician General shall, when so requested by the Minister, furnish him or her with advice on matters in connection with the operation of Statistics Botswana or cognate matters and shall communicate, to the Minister, information acquired by Statistics Botswana in the course of its duties on the matters regarded by it as being of public importance.

The Statistician General and Staff of Statistics Botswana

18.     Appointment of Statistician General

            (1) The Minister shall appoint, on recommendation of the Board, the Chief Executive of Statistics Botswana, to be known as the Statistician General, upon such terms and conditions of service as shall be determined by the Board for a period not exceeding five years and the Statistician General appointed shall be eligible for re- appointment.

            (2) In advising the Minister under this section the Board shall not recommend a person unless such person has the qualifications, experience and skills relevant to Statistics Botswana and its functions.

           (3) While holding office, the Statistician General shall devote the whole of his or her professional services to Statistics Botswana and shall not, without the written approval of the Minister, receive any salary or supplement to salary from any source other than Statistics Botswana, or occupy any other office or employment, whether remunerated or not, except as a nominee of Statistics Botswana.

            (4) Subsection (3) does not prevent the Statistician General from serving as a member of a board or committee established by the Government, or holding office as a member of the board of any other body, or an international statistical organisation of which Botswana is a member.

            (5) The Statistician General shall be subject to such directions on matters of policy as may be given by the Board, and be charged with the administration and organisation of Statistics Botswana.

            (6) The Statistician General may delegate to any senior officer of Statistics Botswana, the exercise of any powers which he or she is authorised to exercise under this Act.

            (7) The Statistician General may resign from office by giving three months notice in writing to the Minister.

            (8) The Statistician General may be removed from office by the Minister giving the Statistician General three months notice or three months'salary in lieu of notice.

            (9) Notwithstanding the provisions of subsection (8), the Minister may remove the Statistician General from office at any time without giving notice for-

     (a)     misconduct or incompetence; or

     (b)     such conflict of interest as, in the opinion of the Minister, warrants his or her removal from office.

19.     Staff of Statistics Botswana

            (1) The Board may, on recommendation by the Statistician General and upon such terms and conditions and for such period as may be determined by the Board, appoint such number of persons as Deputy Statistician General, as may be necessary for the proper discharge of the functions of Statistics Botswana.

            (2) The Statistician General may, upon the appropriate terms and conditions-

     (a)     employ or engage such number of staff as may be necessary for the proper functioning of Statistics Botswana; and

     (b)     engage such other persons to provide advice to Statistics Botswana or perform specific functions or services as the Statistician General may determine.

            (3) To enable Statistics Botswana undertake population and housing census, agriculture census and household surveys, the Ministries responsible for local government, agriculture, transport and communications and for education and skills development, respectively, shall provide Statistics Botswana with personnel, facilities, transport and paying allowances to officers as is necessary.

            (4) Officers appointed under subsection (3) shall exercise such functions and duties as may be specified by Statistics Botswana, in accordance with the provisions of this Act and the Census Act, and shall not be subject to the direction or control of any person or authority other than Statistics Botswana in the performance of the functions and duties under this Act and the Census Act.

            (5) The Minister may make Regulations establishing a statistical common service after consulting the Board and the Department of Personnel Services and Management.

            (6) Regulations made under subsection (5) shall provide, inter alia, for the-

     (a)     deployment of the staff of Statistics Botswana who are qualified as statisticians to Government Ministries and Departments; and

     (b)     terms and conditions of the deployment, thereof.

20.     Oath of secrecy

            (1) Every person employed in the execution of any duty under this Act or any regulation made thereunder shall, before entering upon his or her duties, make and subscribe to the oath or affirmation set out in Schedule I before a Commissioner of Oaths or before the Statistician General who is hereby authorised to administer such oath.

            (2) Any contractor or his or her employee or agent shall be treated as an authorised officer if he or she is performing duties under this Act.

            (3) The Statistician General and every officer of Statistics Botswana shall preserve and promote confidentiality in respect of all information that may come to his or her knowledge by reason of such employment.

            (4) A person who fails or refuses to comply with subsection (3) commits an offence and shall be liable to a fine not exceeding P50 000 or to imprisonment for a term not exceeding five years, or both.

            (5) The requirements of this section shall continue to apply even where a person ceases to be employed by Statistics Botswana.

21.     Indemnity

            No matter or thing done or omitted by a member of the Board, the Statistician General, a member of staff or a person engaged by Statistics Botswana shall, if the matter or thing is done bona fide in the course of the functions and operations of Statistics Botswana, render that member, officer, staff or person personally liable to an action, claim or demand.

Financial and Accountability Provisions

22.     Funds of Statistics Botswana

            (1) The funds of Statistics Botswana shall consist of-

     (a)     such moneys as may be appropriated by the National Assembly for the purposes of Statistics Botswana;

     (b)     such contributions and donations as Statistics Botswana may receive; and

     (c)     such fees as may accrue from the activities of Statistics Botswana.

            (2) Statistics Botswana may borrow money-

     (a)     to cover shortfalls within the annual estimates for the year approved by the Minister; or

     (b)     with the approval of the Minister.

23.     Financial Year

            The financial year of Statistics Botswana shall be a period of 12 months ending on the 31st of March of every year.

24.     Accounts and audit

            (1) Statistics Botswana shall keep and maintain proper books of accounts in respect of every financial year relating to the assets, liabilities, income and expenditure of Statistics Botswana, and shall prepare, in each financial year, a statement of its accounts.

            (2) The accounts of Statistics Botswana in respect of each financial year shall, within four months of the end thereof, be audited by an auditor appointed by the Board.

            (3) An auditor appointed under subsection (2) shall report, in respect of the accounts for each financial year, in addition to any other matter on which the auditor considers it necessary to comment, including whether or not-

     (a)     the auditor has received all information and explanation which, to the best of the auditor's knowledge and belief, were necessary for the performance of the auditor's duties;

     (b)     the accounts and related records of Statistics Botswana have been properly kept;

     (c)     Statistics Botswana has complied with all the financial provisions of this Act with which it is the duty of Statistics Botswana to comply; and

     (d)     the statement of accounts prepared by Statistics Botswana was prepared on a basis consistent with that of the preceding year and is a true and fair representation of the transactions and financial affairs of Statistics Botswana.

           (4) The Board shall, within 30 days of receiving the audited report of the accounts, forward a copy of the audited accounts to the Minister.

            (5) The Minister shall, within 30 days of receiving the audited report of the accounts, lay a copy of the audited accounts before the National Assembly.

25.     Annual report

            (1) The Board shall, within a period of six months of the end of the financial year or within such longer period as the Minister may approve, submit to the Minister, a comprehensive report on the operations of Statistics Botswana and of the Board during that year.

            (2) The Minister shall, within 30 days of receiving the report, lay such report before the National Assembly.