CHAPTER 72:01
BOTSWANA POSTAL SERVICES
ARRANGEMENT OF SECTIONS
SECTION
PART I
Preliminary
1. Short title
2. Interpretation
PART II
Establishment of Botswana Postal Services and Board of Management
3. Establishment of Botswana Postal Services
4. Establishment of Board
5. Resignation and removal from office
6. Tenure of office
7. Payment of members
PART III
Meetings and Proceedings of Board
8. Meetings
9. Signification of documents
PART IV
Officers, Employees and Agents of the Post
10. Appointment of officers and employees
11. Delegation to committee
PART V
Functions, Powers and Duties of the Post
12. Functions and powers
13. [Repealed.]
14. Co-operation with authorities
15. Research and records
16. Power of Minister to give directions
PART VI
Finances
17. Principles of financial operations
18. [Repealed.]
19. Borrowing powers
20. [Repealed.]
21. Accounts and audit
PART VII
General
22. Annual report
23. Compulsory acquisition of land
24. Resettlement measures
25. Compensation for loss or damage
26. Power to call for information
27. [Repealed.]
28. [Repealed.]
PARTS VIII – X
(Deleted 16 of 2012)
PART XI
Miscellaneous
62. Limitation of liability
63. [Repealed.]
64. Regulations
65. Transitional provisions
Act 22, 1989,
S.I. 2, 1990,
Act 16, 2012,
S.I. 4, 2013.
An Act to provide for the establishment of an organisation to be known as the Botswana Postal Services for the provision, development, operation and management of postal services and for matters connected therewith or incidental thereto.
[Date of Commencement: 6th October, 1989]
PART I
Preliminary (ss 1-2)
This Act may be cited as the Botswana Postal Services Act.
In this Act, unless the context otherwise requires—
“financial year” means the year ending on 31st March in each year;
“franking machine” …;
[16 of 2012, s. 2.]
“money order” …;
[16 of 2012, s. 2.]
“postage stamp” or “stamp” …;
[16 of 2012, s. 2.]
“postal article” …;
[16 of 2012, s. 2.]
“postal order” …;
[16 of 2012, s. 2.]
“postal service” means a service performed and facilities provided in connection with—
(a) the collection, transmission and delivery of postal articles by whatever means of transportation from one place to another whether within or outside Botswana;
(b) the issue of postage stamps and the use of franking machines; and
(c) the issue or repayment of money orders or postal orders for the remittance of money through the Botswana Postal Services; and
“senior officer” means any employee of the Botswana Postal Services who holds a position which is so designated by the Board.
PART II
Establishment of Botswana Postal Services and Board of Management (ss 3-7)
3. Establishment of Botswana Postal Services
There is hereby established Botswana Postal Services (referred to in this Act as “the Post”), as a body corporate with full capacity to sue or be sued in its own name, and to do all such things as bodies corporate may, by law, do and as may be necessary or incidental to the exercise of its powers and the performance of its functions under this Act.
[16 of 2012, s. 3.]
(1) There is hereby established a Board of Management of the Botswana Postal Services (hereinafter referred to as the Board) which shall have such powers in relation to the overall management and control of the Post as may be specified in this Act.
(2) The Board shall consist of the following members appointed by the Minister—
(a) the Chairman;
(b) the Director General of the Botswana Postal Services appointed under section 10 who shall be an ex-officio member; and
(c) not less than 5 nor 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 Post.
(3) 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 Post;
(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.
5. Resignation and removal from office
(1) Any member of the Board, other than the Director General, may resign his membership of the Board by notice in writing to the Minister.
(2) A member of the Board may be removed from membership thereof by the Minister 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(2);
(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.
(1) A member of the Board, other than the Chairman and the Director General, 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 re-appointment:
Provided that in appointing members of the Board the Minister shall so 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 on the expiration of such period shall be eligible for re-appointment.
(3) The Board shall, once in every year, elect from among its members (other than the Director General) a 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.
The Board shall pay to the members thereof such remuneration, fees and allowances for expenses as may be approved by the Minister.
PART III
Meetings and Proceedings of Board (ss 8-9)
(1) The Board shall meet for the discharge of its functions at such times and places as the Chairman may appoint, so however that the Board shall meet at intervals not exceeding three months.
(2) The Chairman, or in his absence the Vice-Chairman, may, and shall on the request in writing of not less than 2 members of the Board, call an extraordinary meeting of the Board at such time and place as he may determine.
(3) The Chairman, or in his absence the Vice-Chairman, shall preside at every meeting of the Board.
(4) In the absence of both the Chairman and the Vice-Chairman, the members present shall elect one of their number to preside at the meeting.
(5) The quorum at any meeting of the Board shall be not less than one half of the members of the Board:
Provided that the presence of the Director General shall not count towards the constitution of the quorum.
(6) All questions proposed at a meeting of the Board shall be determined by a majority of the members present and voting, and where the votes are equal, the Chairman or the person presiding shall have a second or casting vote:
Provided that the Director General shall not be entitled to vote unless the Board decides otherwise in any particular instance.
(7) Any member of the Board who has an interest, or whose spouse has an interest, in any company or undertaking with which the Board proposes to make a contract, or has an interest in any contract which the Board proposes to make, shall disclose the nature of his interest, and shall not vote or take any part in the proceedings of the Board relating to such contract.
(8) The Board may, and shall if the Minister so directs request the attendance of any person to act as adviser at a meeting of the Board, and that person while so attending shall have all the powers of a member except that he shall not vote on any question and his presence at the meeting shall not count towards the constitution of a quorum.
(9) The validity of any act or proceeding of the Board shall not be affected by any vacancy among its members or by any defect in the appointment of a member thereof.
(10) The Board may from time to time make standing orders providing for the regulation of—
(a) meetings of the Board;
(b) the conduct of its business and other operations in furtherance of the purposes of this Act; and
(c) the duties of its officers, employees and agents.
All documents made by, and all decisions of, the Board may be signified under the hand of the Chairman of the Board, the Director General or any member or senior officer of the Post generally or specially authorised in that behalf.
PART IV
Officers, Employees and Agents of the Post (ss 10-11)
10. Appointment of officers and employees
(1) The Post shall have a Director General who shall be appointed by the Minister upon such terms and conditions as may be determined by the Board.
(2) No person shall be appointed as Director General unless he is qualified by experience and training, and has demonstrated that he is competent, to manage and operate the business of the Post.
(3) The Director General shall, subject to such directions on matters of general policy as may be given by the Board, be charged with the direction of the business of the Post and of its administration and organisation, and the control of the employees of the Post.
(4) The Director General may resign from office by notice in writing addressed to the Minister.
(5) The Director General may delegate to any senior officer of the Post the exercise of any power which he is authorised to exercise under this Act.
(6)(a) The Board shall, on consideration of the recommendations of the Director General, from time to time determine the staff deemed necessary for the proper discharge of the functions of the Post and the terms and conditions of employment.
(b) The appointment and dismissal of all persons to or from positions designated by the Board as held by senior officers shall be made by the Board on consideration of recommendations by the Director General.
(c) The appointment and dismissal of all other staff shall be made by the Director General or such senior officer as he may delegate to perform this function.
(7) The Board may—
(a) grant pensions, gratuities or retiring allowances to any officer or employee and may require such officer or employee to contribute to any pension or contributory scheme;
(b) for the benefit of its officers and employees, establish and make contributions to any pension or superannuation fund or medical fund; and
(c) from time to time appoint and employ upon such terms and conditions as it may think fit such agents and contractors as it may deem necessary.
(8) …
[16 of 2012, s. 4(a).]
(9) …
[16 of 2012, s. 4(b).]
(10) Officers and employees of the Post may become members of the appropriate Trade Union in accordance with the Trade Union legislation in force from time to time.
The Board may, by resolution, delegate to any committee appointed by it the exercise of any of the powers which it is authorised by this Act to exercise, generally or in any particular case.
PART V
Functions, Powers and Duties of the Post (ss 12-16)
(1) The functions of the Post shall be—
(a) to provide, develop, operate and manage postal services in an efficient and cost effective manner; and
(b) to carry out such other operations as may appear to the Board to be conducive or incidental to the attainment of all or any of its objectives under this Act or any other law.
(2) The Post shall have all powers necessary or convenient for the performance of its functions and duties and, without prejudice to the generality thereof, shall have the power to—
(a) acquire and use any kind of property, undertaking, right or privilege and dispose of the same to the Government, or to any person other than a member, officer or employee of the Post or any agent or contractor appointed or employed by the Post;
(b) enter into agreements in connection with the operation of postal services;
(c) supply, sell or market air postal services to all persons desiring such services;
(d) enter into such contracts as may be necessary for the performance of its functions and duties;
(e) construct or cause to be constructed such works, houses, offices and other buildings and structures as it may deem necessary or expedient for the performance of its functions and duties;
(f) purchase, take on lease or otherwise acquire or construct or cause to be constructed such tools, appliances, machinery, plant and equipment as it may deem necessary or expedient for the performance of its functions and duties;
(g) sell, exchange, lease, dispose of, turn to account or otherwise deal with any of its assets or any part thereof, whether movable or immovable, not required for its purposes:
Provided that the immovable property of the Post shall not be sold without the approval in writing of the Minister for the time being responsible for finance;
(h) invest from time to time, in such manner as it may deem fit, such moneys held by it as may be surplus to its immediate requirements, subject to the approval in writing of the Minister for the time being responsible for finance;
(i) insure with any company or person against any loss, damage, risk or liability which the Post may incur;
(j) purchase or sell any materials and stores used in the performance of its functions;
(k) sell, hire or otherwise dispose of any apparatus used in connection with Postal services; and
(l) carry on any activity which is reasonably requisite or convenient for or in connection with the discharge of its functions under this Act.
[16 of 2012, s. 5.]
14. Co-operation with authorities
In the discharge of its functions the Post shall co-operate with local and other public authorities, including department and agencies of the Government, and shall consult with local authorities in matters of concern to the Post which affect their interest.
With a view to facilitating present or future research or planning, the Post shall keep full and accurate records of all of its operations and shall have power to engage in research and to assist others to engage in research in respect of any matter relating to its functions, and to publish such records and the results of any such research.
16. Power of Minister to give directions
The Minister may, after consultation with the Board, give to the Board such directions of a general or specific character as to the exercise and performance of its powers in fulfilling its functions as are necessary as a matter of policy and as are not inconsistent with this Act or with the contractual or other legal obligations of the Post, and the Board shall give effect to any such directions.
PART VI
Finances (ss 17-21)
17. Principles of financial operations
(1) It shall be the duty of the Post to conduct its affairs on sound commercial lines and, in particular, so carry out its functions under this Act and so prescribe the charges payable in respect of the provision by the Post of its postal services as to ensure that its revenues are sufficient to produce on the fair value of its assets a reasonable return.
(2) In determining what constitutes a reasonable return, all pertinent economic and financial considerations shall be taken into account, which shall include but not be limited to the need for a net operating income in an amount sufficient—
(a) to meet interest payments on borrowings;
(b) to provide for repayments to be made each year in respect of loans incurred by the Post to the extent to which such repayments exceed the year’s provision for depreciation charged to revenue account;
(c) to provide a reasonable proportion of the funds needed for expanding the Post’s activities and improving its services;
(d) to provide reserves for replacement, expansion or other purposes if and to the extent to which the Board deems it necessary to establish such reserves; and
(e) to make dividend payments to the Government in respect of its equity interest in the Post if and to the extent deemed appropriate by the Board, after consultation with the Minister, and the Minister for the time being responsible for finance, and having regard to the future financial requirements of the Post.
[16 of 2012, s. 6.]
(1) In order to enable the Post to discharge its functions under this Act and to meet its obligations it may borrow, on such terms and in such currencies as may be agreed between it and any lender, such sums as it may require, subject to the approval of the Minister for the time being responsible for finance.
(2) The Post may charge its assets, undertakings, and revenues with the repayment of any money borrowed together with interest thereon and may issue debentures, bonds or other securities in order to secure the repayment of any money borrowed together with interest thereon and may do all other things necessary in connection with or incidental to such borrowings as are authorised by this section, subject to the approval of the Minister for the time being responsible for finance.
[16 of 2012, s. 7.]
(1) The Post shall keep proper accounts and other records in relation to its operations, and shall prepare in respect of each financial year a statement of accounts showing in detail the assets and liabilities (real and contingent) and income and expenditure of the Post, in a form which shall conform with the best commercial accounting standards, applicable to the provision of postal services.
(2) The accounts of the Post in respect of each financial year shall, within four months or such extended time after the end thereof as the Minister may direct, be audited by the Auditor-General or any auditor appointed by the Auditor-General (hereinafter referred to as “appointed auditor”).
(3) The Auditor-General or any appointed auditor shall report in respect of the accounts for each financial year, in addition to any other matter on which he deems it pertinent to comment, whether or not—
(a) he has received all the information and explanations which, to the best of his knowledge and belief, were necessary for the performance of his duties as auditor;
(b) the accounts and related records of the Post have been properly kept;
(c) the Post has complied with all the financial provisions of this Act with which it is the duty of the Post to comply; and
(d) the statement of accounts prepared by the Post was prepared on a basis consistent with that of the proceeding year and represents a true and fair view of the transactions and financial affairs of the Post.
(4) The report of the Auditor-General or the appointed auditor and a copy of the audited accounts shall, within seven days of the completion thereof, be forwarded to the Minister and to the Board.
(5) The Minister shall, within 30 days of receiving the report and a copy of the audited accounts, lay such report and accounts before the National Assembly.
PART VII
General (ss 22-28)
(1) The Board shall, within a period of six months after 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 the Botswana Postal Services during such year together with the auditor’s report and the audited accounts as provided for in section 21, and the Board shall publish them in such manner as the Minister may specify.
(2) The Minister shall, within 30 days of his receiving the Board’s report, lay such report before the National Assembly.
23. Compulsory acquisition of land
For the purposes of any written law for the time being in force relating to the compulsory acquisition of land for public purposes, the functions and operations of the Post shall be deemed to be public purposes.
If the operations of the Post make necessary resettlement of any person dwelling upon any communally owned land, the terms of such resettlement shall be subject to the agreement of the Government and of the local authorities of the area concerned.
25. Compensation for loss or damage
(1) In the exercise of its powers under this Act in relation to the execution of works or interference with property, the Post shall cause as little detriment and inconvenience and do as little damage as possible, and shall make full compensation to all local and other authorities and other persons who have sustained loss or damage by reason or in consequence of the exercise of such powers and, in default of agreement between the parties, the amount and application for such compensation shall be determined by arbitration in accordance with the provisions of the Arbitration Act (Cap. 06:01).
(2) For the purpose of such arbitration the parties shall be deemed to be parties to a submission in which the reference is to two arbitrators.
26. Power to call for information
The Minister may, for purposes associated with the administration of this Act, require the Board to provide him with estimates of the Post’s future revenue and expenditure, and such other information relating to its activities and operations, including books of accounts, records, documents and agreements relating to postal services operated by the Post, as he may specify.
[16 of 2012, s. 8.]
[16 of 2012, s. 9.]
PARTS VIII-X
(Deleted )
[16 of 2012, s. 10.]
PART XI
Miscellaneous (ss 62-65)
(1) Save as otherwise provided in this Act, no liability shall rest on any member of the Board or the Director General or any officer or employee of the Post by reason of any error, default, delay, omission, damage, destruction, non-delivery or loss in respect of any postal article unless it is established that it was due to the negligence or malfeasance of the said member, officer or employee.
(2) The bona fide payment of any sum of money under the provisions of this Act shall, to whomever made, discharge the Post from all liability in respect of such payment.
(3) If any person by fraudulent means obtains payment of any sum credited to a depositor’s savings bank account, no liability shall rest on the Post, but the Director General may at his absolute discretion make good to the depositor any loss sustained or any part thereof.
[16 of 2012, s. 11.]
The Minister may, after consultation with the Board, make regulations generally for carrying into effect the provisions of this Act and prescribing anything that under this Act requires to be prescribed.
(1) Any properties, assets, rights, debts, liabilities and obligations of the Government and the benefit and burden of all contracts made by or on behalf of the Government which are part of or concern or relate to the Post as a commercial organisation of the Government, may with the consent of the Minister, be transferred to and vest in the Post as a corporate body.
[16 of 2012, s. 12.]
(2) Every contract in respect of any matter, being a contract between the Post as a commercial organisation of the Government and any other party immediately before the commencement of this Act shall thereafter continue to subsist between the Post as a corporate body and such other party.
[16 of 2012, s. 12.]
(3) A public officer employed by the Post as a commercial organisation of the Government immediately before the coming into operation of this Act shall be deemed to be on secondment to the Post as a corporate body for a period not exceeding twelve months from the coming into operation of this Act.
[16 of 2012, s. 12.]
(4) A public officer seconded to the Post under subsection (3) who, within 12 months from the coming into operation of this Act—
(a) has been offered and has accepted to enter into a written contract of service with the Post as a corporate body, shall be deemed to have terminated his or her service with the Government without right to severance of pay but without prejudice to all other remunerations and benefits payable upon termination; or
(b) has not been offered, or has not accepted to enter into a written contract of service with the Post as a corporate body shall be redeployed by the Government.
[16 of 2012, s. 12.]
(5) A public officer engaged in terms of subsection (4)(a) shall be employed on such terms and conditions as may be offered by the Post as a corporate body and agreed to by the Post and that person.
[16 of 2012, s. 12.]
(6) Any legal proceedings pending immediately before the date of commencement of this Act, to which the Post as a commercial organisation of the Government was a party, shall be continued as if the Post as a corporate body had been party thereto.
[16 of 2012, s. 12.]
(7) Any enquiry or proceedings, whether of a disciplinary nature or otherwise, instituted or pending in respect of any employee of the Post as a commercial organisation of the Government before the date of commencement of this Act shall be dealt with, inquired into and determined in accordance with the procedures in place before the commencement date of this Act.
[16 of 2012, s. 12.]
(8) The pension fund shall remain in existence after the date of commencement of this Act and every employee who was a member of that pension fund immediately before the date of commencement of this Act, shall remain a member of the fund in accordance with its rules and shall retain all benefits that are due to them in terms of the rules of the fund.
[16 of 2012, s. 12.]
(9) The Board of Management of Botswana Postal Services as a commercial organisation of the Government continue to be the Board of Management of the Post as a corporate body.
[16 of 2012, s. 12.]
(10) At the commencement of this Act, the Post shall be deemed to be licensed under the Communications Regulatory Authority Act (Cap. 72:03) for such period as the Authority, in consultation with the Board, may determine.
[16 of 2012, s. 12.]
(11) At the expiry of the period determined in accordance with subsection (10), the Post shall comply with the Communications Regulatory Authority Act.
[16 of 2012, s. 12.]