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CHAPTER: 35:06
Part:III Functions and Duties of the Board (ss 9-15)


9.       Functions of the Board


            The functions of the Board shall be-

     (a)     to exercise supervision as provided in this Act over the agricultural resources of Botswana;

     (b)     to advise the Minister regarding-

           (i)       matters relating to the general supervision of all agricultural resources;

          (ii)       the nature of legislation necessary to secure or promote the proper conservation, use and improvement of agricultural resources;

          (iii)       the means of stimulating public interest in the proper conservation, use and improvement of agricultural resources;

     (c)     to carry out of its own motion or at the direction of the Minister investigations of or enquiries into any matter related to the conservation, use or improvement of agricultural resources;

     (d)     to issue conservation orders and stock control orders, and to make conservation regulations in accordance with the provisions of this Act;

     (e)     to give directions to any owner or occupier of land to ensure that an order or regulation issued or made under the provisions of this Act is complied with;

     (f)      to construct on any land such works as it deems necessary for conservation purposes;

     (g)     to give to any conservation committee or subordinate conservation committee directions concerning the policy to be followed by it in the exercise of its functions under this Act; and

     (h)     after consultation with any land board established by the Tribal Land Act, and with the district council within whose area the tribal area in respect of which such land board is established is situated, to give to such land board directions concerning the proper use of any land within such tribal area:

            Provided that the Board shall have no powers over any land constituted as a national park in terms of the Wildlife Conservation and National Parks Act.


10.     Powers of the board


            The Board shall have all powers necessary or convenient for the performance of its functions and duties.


11.     Directions on policy


            The President may give the Board directions regarding the policy to be followed in the exercise of its functions under this Act.


12.     Annual report to Minister


            (1) The Board shall submit to the Minister a full report on its activities during each calendar year within three months after the end of such year.

            (2)        The report for any year shall include-

     (a)     a list of all conservation orders issued;

     (b)     a list of all conservation regulations made;

     (c)     a list of all stock control orders issued;

     (d)     a list of all works constructed on the instructions of the Board;

     (e)     a report on all court action involving the enforcement of the Act;

     (f)      a report on all appeals brought before the Minister;

     (g)     a full report on any enquiries or investigations conducted by the Board;

     (h)     a complete financial statement of all public moneys spent by the Board;

     (i)      a report of all cost apportionment proceedings;

     (j)      any other matters considered relevant by the Board;

     (k)     any other information requested by the Minister;

     (l)      a report of directions given to the land boards under section 9(h).

            (3)        The Minister shall lay a copy of every such report before the National Assembly within 30 days of his receiving it.


13.     Other reports to Minister


            The Minister may request and the Board shall furnish a report on its activities at any time during the year.


14.     Notice of investigations and enquiries


            When the Board is about to carry out, or is carrying out, an investigation or enquiry into any matter it may cause notice thereof to be published in the Gazette and a newspaper circulating in any area to which the investigation or enquiry relates and shall, where practicable, cause any person whose material or pecuniary interests may or will, in the Board's opinion, be involved in, or affected as a result of such investigation or enquiry, to be notified thereof in writing and to be given a reasonable opportunity to make representations to the Board concerning the subject matter of such investigations or enquiry.


15.     Evidence and witnesses


            (1) The Board may in the course of an investigation or enquiry hear such witnesses and receive such documentary evidence as in its opinion may assist it in such investigation or enquiry.

            (2) The Board may require any witness appearing before it to give his evidence on oath, and the Chairman is empowered to administer oaths for that purpose.

            (3) If the Board is of the opinion that the evidence of any person or the production of any document is necessary for the purposes of the investigation or enquiry, the Chairman may issue a summons under his hand in such form as may be prescribed directing the person named therein to attend at a time and place mentioned therein to give evidence or to produce the documents therein specified or to do both.

            (4) The clerk of the magistrate's court within whose area of jurisdiction the person named in the summons resides shall at the request of the Chairman take steps to ensure the serving of summonses under this section.

            (5) Every person attending at an investigation or enquiry in obedience to a summons issued under this section shall be entitled to fees and allowances payable out of public moneys, as though he were attending at a magistrate's court as a witness in civil proceedings under subpoena.

            (6)        If any person upon whom a summons has been served under the provisions of this section refuses or omits without sufficient cause to attend in obedience to such summons, or fails to answer fully and satisfactorily to the best of his knowledge and belief all the questions put to him by or with the concurrence of the Board, or refuses or omits without sufficient cause to produce any documents in his possession or under his control which are mentioned in the summons, he shall be guilty of an offence and liable to a fine not exceeding P100:

            Provided that no person giving evidence before the Board shall be compellable to incriminate himself and every such person shall in respect of any evidence given by him or any document which he is required to produce be entitled to all the privileges to which a witness in a trial before the High Court is entitled in respect of evidence given by him or a document which he is required to produce before such court.