21. Control of export of cattle and the licensing of export slaughter-houses
(1) No person other than the Commission shall export cattle or edible products from cattle from Botswana unless he is in possession of a permit in writing to do so issued by the Minister under this section.
(2) No such permit shall be issued without the concurrence of the Commission or unless the Minister declares by order published in the Gazette that by reason of exceptional circumstances it is in his opinion clearly in the public interest to issue such permit without the concurrence of the Commission.
(3) Notwithstanding the provisions of section 29 of the Control of Livestock Industry Act the President shall not license any slaughter-house as an export slaughter-house in pursuance of that section unless that slaughter-house is operated, directly, indirectly or in association with others, by the Commission.
(4) In this section "slaughter-house" has the meaning assigned to it in the Control of Livestock Industry Act.
22. Proceedings on failure of Commission to comply with law
If at any time the Minister has good reason to believe that the Commission has contravened or failed to comply with any of the provisions of this Act or any direction given to the Commission in terms of this Act, he may, by notice in writing, require the Commission to make good the default within a specified time.
The Commission (paras 1-8)
In this Part-
"Livestock Advisory Committee" means the committee appointed by the Minister, by such name, to advise him on matters affecting the livestock industry; and
"member" includes the chairperson.
2. Composition of Commission
(1) The Commission shall consist of a chairperson and 10 other members who shall be appointed by the Minister by instrument in writing in accordance with the provisions of this paragraph.
(2) Subject to subparagraph (3), the Minister shall appoint—
(a) as members of the Commission, four persons from a panel of names submitted by the Livestock Advisory Committee; and
(b) the remaining members of the Commission from among persons who, it appears to him, possess, by reason of their experience of and capacity in matters relating to the livestock industry, finance or administration, qualities likely to benefit the work of the Commission.
(3) Notwithstanding the provisions of subparagraph (2)(a), the Minister may appoint as members of the Commission persons other than those recommended by the Livestock Advisory Committee.
(4) The chairperson shall from time to time nominate one of the other members of the Commission to be deputy chairperson thereof.
(5) In this paragraph "a panel of names" means a panel containing not less than eight names, being the names of persons not disqualified for appointment as members of the Commission in terms of paragraph 6.
3. Tenure of office of members
(1) Subject to the provisions of this paragraph, members shall hold office for three years, but if not disqualified shall be eligible for re-appointment.
(2) In first appointing members to the Commission, the Minister shall, in the case of four members, direct in the instrument appointing the member that he shall hold office for one year only, and, in the case of four other members, direct in the instrument appointing the member that he shall hold office for two years only.
(3) A member may at any time resign his office by notice in writing addressed to the Minister (and sent, in the case of a member other than the chairperson, through the chairperson), and on the receipt of such notice by the Minister the office of such member shall become vacant.
(4) The office of a member shall become vacant if-
(a) circumstances arise under which, if he was not a member of the Commission, he would be disqualified in terms of paragraph 6 from being appointed as a member of the Commission; or
(b) he is required to vacate his office under subparagraph (5).
(5) The Minister may, by notice in writing, require any member to vacate his office if he considers it in the public interest to do so, and such member shall, with effect from the date of such notice, cease to hold office.
4. Filling of casual vacancies
(1) If a member dies or otherwise vacates his office before the expiration of the period for which he has been appointed, the Minister may by instrument in writing appoint a person to be a member in place of that other member until the expiration of that period.
(2) An appointment under this paragraph shall be subject to the like provisions of paragraph 2(2) as was the appointment of the member in whose place such member is appointed.
5. Temporary incapacity of members of Commission
(1) If the chairperson is temporarily unable to exercise the functions of his office, whether by reason of illness, absence or other cause, the functions of his office shall be performed by the deputy chairperson.
(2) If a member other than the chairperson is temporarily unable to exercise the functions of his office, whether by reason of illness, absence or other cause, the Minister may, by instrument in writing, appoint a temporary member to act in such member's place for such period, not exceeding six months, as the Minister may specify in the instrument.
(3) An appointment made under subparagraph (2) shall be subject to the like provisions of paragraph 2(2) as was the appointment of the member in whose place the temporary member is appointed.
(4) Any appointment made under subparagraph (2) shall cease to have effect if the Minister notifies the temporary member of the revocation of his appointment, or if the member in whose place the temporary member has been appointed notifies such person that he is about to resume or has resumed the functions of his office.
6. Disqualifications for membership of Commission
No person shall be appointed as a member or temporary member of the Commission if he-
(a) has been declared insolvent or adjudged or otherwise declared bankrupt under any law in force in Botswana or elsewhere and has not been discharged, or has made a composition with his creditors and has not paid his debts in full; or
(b) is a Member of the National Assembly.
7. Notification of appointments, etc.
The appointment of or vacation of office by any member or temporary member shall be published by the Minister in the Gazette.
8. Remuneration and allowances
The Commission shall pay to each member or temporary member thereof, in respect of his office as such, such remuneration and allowances as may be determined by the Minister, and shall pay to the chairperson, in respect of his office as such, such remuneration and allowances (in addition to any remuneration and allowances to which he may be entitled in respect of his office as a member) as may be so determined.
Staff (paras 9-11)
9. Chief Executive Officer
(1) There shall be a Chief Executive Officer of the Commission who shall be appointed by the Minister.
(2) The Chief Executive Officer, appointed under subparagraph (1) shall, subject to such directions on matters of general policy as may be given by the Commission, be charged with the direction of the business of the Commission and its administration and organisation and shall supervise the employees of the Commission.
(3) The Chief Executive Officer shall be responsible to the Commission through the Chairperson and shall exercise such powers of the Commission as the Commission may from time to time delegate to him or her.
(4) The Chief Executive Officer shall, unless the Commission in any particular instance decides, be entitled to attend its meetings and participate in its decisions, but shall have no right to vote.
10. Officers, servants and agents
The Commission shall, subject to the provisions of this Act, appoint such officers, servants and agents as it may deem necessary for the proper discharge of its functions under this Act on such terms and conditions as it may determine.
11. Pensions, etc.
(1) The Commission may, with the approval of the Minister, make provision for the payment on the death, injury or retirement of any of its officers, servants or agents of pensions, gratuities or like benefits to them or to others by reference to their service or otherwise.
(2) Such provision may be made either by contributory or by non-contributory arrangements or partly by the one and partly by the other.
(3) In this paragraph "officers" includes the executive chairperson.
Procedural (paras 12-16)
In this Part-
"chairperson" includes a deputy chairperson while exercising the functions of the office of chairperson;
"member" includes the chairperson and any temporary member.
13. Meetings and procedure
(1) The Commission shall meet at such times as may be necessary or expedient for the transaction of the business of the Commission, and such meetings shall be held at such times and places as the chairperson may determine.
(2) The chairperson shall call a special meeting within 14 days of receiving a requisition for that purpose addressed to him by any four members of the Commission.
(3) A notice convening a special meeting of the Commission shall state the purposes for which the meeting is to be convened.
(4) A quorum of the Commission shall be six of the members thereof.
(5) The chairperson shall preside at meetings of the Commission at which he is present, and at meetings of the Commission at which no chairperson is present the members present shall, subject to the provisions of subparagraph (4), elect from among their number a member to preside at that meeting.
(6) The decisions of the Commission shall be by the vote of a majority of the members present and voting at a meeting of the Commission at which a quorum is present.
(7) At all meetings of the Commission each member present shall have one vote on any question before the Commission:
Provided that the chairperson or other member presiding shall have a casting as well as a deliberative vote.
(8) Subject to the provisions of this Schedule, the Commission shall have power to regulate its own procedure, and it may delegate to any committee or member of the Commission the exercise of such of the functions of the Commission as it may deem fit.
14. Members to declare connection with companies and firms dealing with Commission
(1) Subject to the provisions of this paragraph, if a member or his spouse-
(a) tenders for or acquires or holds a direct or indirect pecuniary interest in a contract with the Commission;
(b) acquires or holds a direct or indirect interest in a company or firm which to the knowledge of such member tenders, applies or negotiates for a contract with the Commission; or
(c) owns immovable property or a right in immovable property or has a direct or indirect pecuniary interest in a company or firm, as a result of which the member's or his spouse's interests come or appear to come into conflict with the member's duties as such,
the member shall forthwith disclose the facts to the Commission and shall not take part in the Commission's consideration or discussion of or vote on any question which relates to such contract, right or interest without the consent of the chairperson or other member presiding.
(2) The provisions of this paragraph shall not apply in relation to a contract with the Commission for the delivery, sale or slaughter of livestock entered into by a member or his spouse in which the member or his spouse receives no preferential treatment over, or more advantageous terms than, other members of the public.
15. Validity of Commission's decisions and acts
No act done or proceeding taken under this Act shall be questioned on the ground-
(a) of the existence of any vacancy in the membership of, or any defect in the constitution of, the Commission;
(b) of the contravention by a member of the provisions of paragraph 14; or
(c) of any omission, defect or irregularity not affecting the merits of the case.
16. Contracts and instruments of Commission
An agreement, contract or instrument may be entered into or executed on behalf of the Commission by any person or persons generally or specially authorized by the Commission for that purpose.