BWA- HA - INSTITUTIONAL SET-UP
NON-CONSUMPTION USE
Botswana / Non-consumption use
INSTITUTIONAL FRAMEWORK RELEVANT TO WILDLIFE CONSERVATION (ECOTOURISM)
INSTITUTIONAL SET-UP
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Section 3:
(1) There is hereby established an organisation to be known as Botswana Tourism Organisation which shall be a body corporate with a common seal, capable of suing and being sued in its own name and, subject to the provisions of this Act, of doing or performing all such acts or things as bodies corporate may, by law, do or
perform.
(2) All rights, obligations, assets and liabilities which have accrued to the Botswana Tourism Board in terms of the repealed Act shall, upon this Act coming into force, simultaneously pass and accrue to Botswana Tourism and be dealt with in terms of this Act.
Section 4 (extract):
(1) Botswana Tourism shall do all such things as are necessary to market and promote tourist attractions, and to encourage and facilitate travel, by local and foreign tourists, to the said attractions.
(2) Without derogating from the generality of the provisions of subsection (1), Botswana Tourism shall-
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(m) develop and improve the existing tourism opportunities and diversify the sector to include other forms of tourism, such as cultural and heritage tourism, eco-tourism, entertainment, recreational and leisure tourism and bring them to the required marketable standard;
Section 5:
(1) There shall be a Board of Director for Botswana Tourism which shall be the governing body of Botswana Tourism.
(2) The Board shall consist of the following members appointed by the Minister-
(a) a Chairperson;
(b) a Vice Chairperson;
(c) a representative of the Ministry responsible for tourism;
(d) six members from the public and private sector who have the skill, experience and competence relevant
to the tourism industry.
(3) The Chief Executive shall be an ex-officio member of the Board.
Section 7:
(1) The Board shall-
(a) determine policies for giving effect to the objects and purposes of the Act;
(b) advise the Minister to change, review or formulate tourism related policies and strategies where necessary;
(c) set performance targets and design programmes aimed at facilitating the continued growth and development of tourism; and
(d) investigate any matter that may have a negative effect on the tourism industry, and make recommendations thereon to the Minister.
(2) The Minister may give the Board written directions, of a general or specific nature, regarding the exercise of its powers and the performance of its functions, which directions shall not be inconsistent with this Act or with the contractual or other legal obligations of the Board.
(3) The Board shall give effect to the Minister's directions given in accordance with subsection (2).
Section 5 (extract):
(2) The President may, by order published in the Gazette, declare any area of State Land or any land bequeathed or donated to him or to any other person, to be a national park, either on its own or adding it to an existing national park:
Section 6 (extract):
(1) The Minister shall be responsible for the control, management and maintenance of national parks, and without derogation from the generality of the foregoing the Minister shall for such purposes, within such parks, have power...
...
(2) The Minister may delegate to the Director or to any wildlife officer such of his powers under this section as he considers necessary or desirable.
Section 3:
There is hereby established a body to be known as the Tourism Industry Licensing Committee.
Section 6:
(1) The Committee shall have power-
(a) to determine whether or not a licence should be issued for any particular tourist enterprise;
(b) to decide whether or not to cancel or suspend a licence for good cause;
(c) to determine whether or not a licence should be amended or transferred.
(2) For the purpose of licensing and monitoring tourist enterprises, the Director shall carry out, or cause to be carried out, such inspections of documents or building plans, or of buildings and sites, with or without the assistance of other officials, such as planners or health inspectors, as he or she may consider necessary, and shall make a report thereon to the Committee together with his or her recommendations.
Para 6.2:
The leadership role of Government will take the form of the creation of an enabling environment for investment through sound policies, facilitation of easy and suitable access to factors of production and entrepreneurial opportunities. Government will establish appropriate legal and fiscal framework to guide, regulate and facilitate sustainable tourism growth. In undertaking this role, a “whole of government” approach will be applied and nurtured.
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Section 14 (extract):
(6) A decision of the Board on any question shall be by the majority of the members present and voting at the meeting and, in the event of an equality of votes, the member presiding shall have a casting vote in addition to that person's deliberative vote.
(7) The Board may invite any person whose presence it deems necessary, to attend and participate in the deliberations of a meeting of the Board, but such person shall have no vote.
Section 16 (extract):
(1) If a member is present at a meeting of the Board or any committee of the Board at which any matter in which the member is directly or indirectly interested in a private capacity is the subject of consideration, he or she 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 such matter.
(2) A disclosure of interest made under 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 member, such decision shall be null and void to the extent that it benefits such member.
Section 11:
The Committee may co-opt any person to attend any meeting of the Committee on any matter for the purpose of assisting or advising the Committee, but such person shall have no right to vote.
Section 12:
(1) If at any Committee meeting a Committee member is aware that any matter directly or indirectly affects him or her in a private capacity, he or she shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Committee otherwise directs, take part in any consideration or discussion of, or vote on any question relating to such matter.
(2) A disclosure of interest made under subsection (1) shall be recorded in the minutes of the meeting at which it is made.
(3) Where a member of the Committee fails to disclose his or her interest in accordance with subsection (1), and a decision by the Committee is made benefiting such member, such decision shall be null and void.
(4) Any member of the Committee who fails to comply with the provisions of subsection (1) commits an offence and is liable to a fine not exceeding P4 000, or to imprisonment for a term not exceeding two years, or to both.
(5) This section shall, with the necessary modifications, apply to a person who is co-opted to a Committee meeting in accordance with section 11.
Section 17(extract):
(4) The Committee may refuse to issue a licence where the proposed application does not meet the requirements of this Act:
Provided that the Committee shall not refuse to issue a licence without first informing the applicant of the reasons for such refusal.
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Section 10 (extract):
(1) Subject to the provisions of this section, the Ombudsman may investigate any action taken by or on behalf of a —
(a) department of Government, in the exercise of administrative functions of that department –
(i) in any case where a complaint is made to the Ombudsman by a person who claims to, or
(ii) on his or her own motion where he or she considers it necessary to investigate the action on the ground that a person has or may, have sustained injustice or unfair treatment in consequence of maladministration in connection with the action so taken; or
(b) department of Government or private entity –
(i) in any case where a complaint is made to the Ombudsman by a person who claims to, or
(ii) on his or her own motion where he or she considers it necessary to investigate the action on the ground that a person has or may, have sustained violation of his or her human rights in consequence of the action so taken.
(2) The Ombudsman may take appropriate action to call for the remedying, correction and reversal of instances specified in subsection (1) through fair, proper and effective means, including —
(a) mediation, arbitration, negotiation, conciliation and compromise between the parties concerned; and
(b) causing the complaint and a finding on it, to be reported to the principal officer of any department of Government or a private entity and to a person who is established to have taken or authorised the action in question.