A.152
11. (1) Subject to the provisions of this section, each member, with
the exception of the ex-officio member, shall hold and vacate office in
accordance with the terms of his or her appointment.
(2) A person shall not be appointed to be a member for more than five
years at a time, but shall be eligible for re-appointment for an aggregate
period not exceeding ten years.
(3) Any member may at any time resign from his or her office by
giving three months notice, in writing, to the Minister.
12. A person shall not qualify for appointment as a member if he or she —
(a) has in terms of any law in force in any country —
(i) been adjudged or otherwise declared bankrupt or insolvent,
and has not been rehabilitated or discharged, or
(ii) made an assignment to, or arrangement or composition with,
his or her creditors, which has not been rescinded or set aside;
(b) has within a period of ten years immediately preceding the date
of his or her appointment been convicted —
(i) in Botswana, of a criminal offence, 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;
(c) is of unsound mind;
(d) being a holder of a professional qualification, has been suspended
or barred from practising the profession within or outside Botswana; or
(e) is an employee of the Authority.
13. (1) A member shall vacate his or her office —
(a) upon the member’s death;
(b) if the member becomes disqualified, under section 12, to hold office
as a member;
(c) if the member’s appointment is terminated in terms of subsection (4);
(d) upon giving three months written notice to the Minister of his or
her intention to resign from office.
(2) As soon as possible after a vacancy occurs in the membership of
the Board, the Chairperson shall notify the Minister, in writing, not later
than two weeks of the vacancy occuring.
(3) If a member ceases to hold office for any reason, the Minister
may, within three months of receiving the notice under subsection (2)
appoint another person to take the place of the member, and the person
so appointed shall hold office for the remainder of the term of office of
the member in whose place he or she was appointed and shall be eligible
for reappointment.
Tenure of
office of
members
Disqualification
from
appointment
as member
Vacation of
office and
filling of
vacancies