PUBLIC FINANCE MANAGEMENT: SUBSIDIARY LEGISLATION

“investments” means loans or advances to City, District or Town Councils, statutory corporations or their subsidiaries, corporations, wholly or partly owned by the Government or their subsidiaries or to the Botswana Co-operative Bank Limited; securities issued by international organisations or institutions of which Botswana is a member; stocks, shares, bonds or debentures; other securities the investment in which is either in the public interest or is likely to result in income necessary for the achievement of the purposes of the Fund.

3. Establishment of the Fund

A Special Fund, to be known as the Public Debt Service Fund, (hereinafter referred to as “the Fund”) is hereby established.

4. Purpose of the Fund

The purpose of the Fund is to receive and safeguard moneys made available to it or earned by it which are to be utilised to meet, in whole or in part, future payments of debt charges to be made by the Government pursuant to section 123 of the Constitution or any other written law, or guarantees given pursuant to section 22 of the Act, the discharge of which is not the subject of other redemption arrangements.

5. Receipts into the Fund

There shall be paid into the Fund—

(a) such moneys as may be appropriated from time to time by Parliament for the purposes of the Fund;

(b) any moneys accruing or realised from any investments or deposits made from moneys in the Fund in accordance with paragraphs 7 and 8 of this Order.

6. Administration of the Fund

(1) The Permanent Secretary of the Ministry for the time being responsible for finance (hereinafter referred to as “the accounting officer”) shall be the public officer responsible for the administration of the Fund.

(2) In the exercise of any power conferred on him under this Order, the accounting officer may exercise such power personally or through any other public officer authorised by him in writing.

7. Investment of moneys of the Fund

Moneys of the Fund not immediately required for the purposes of paragraph 10(b) shall, as far as possible, be invested by the accounting officer on behalf of the Fund in such investments and on such terms—

(a) as shall contribute to the achievement of the objectives of the National Development Plan, as approved from time to time by resolution of the National Assembly; and

(b) as the President, on the advice of the Minister for the time being responsible for finance (hereinafter referred to as “the Minister”), shall direct:

Provided that such investments or terms shall not in any way prejudice the achievement of the purposes of the Fund.

8. Deposits of moneys not otherwise invested

The accounting officer may from time to time deposit, or renew deposits of, moneys of the Fund which are not invested in accordance with paragraph 7 of this Order, in the Joint Consolidated Fund administered by the Crown Agents or in such financial institutions as are approved from time to time by the Minister.

9. Realisation of investments

The accounting officer may, in accordance with the directions of the Minister, realise investments of moneys of the Fund.

10. Disbursements from the Fund

There shall be paid from the Fund—

(a) such amounts as are required for the purposes of paragraphs 7 and 8;

(b) such amounts as the Minister may from time to time direct to be paid into the Consolidated Fund towards meeting—

(i) payments of debt charges pursuant to section 123 of the Constitution or any other written law;

(ii) payments in respect of guarantees given pursuant to section 22 of the Act.

REVENUE STABILISATION FUND ORDER

(under section 25*)

(19th January, 1973)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of the Fund

4. Purpose of the Fund and revenues of the Fund

5. Administration of the Fund

6. Advisory committee

7. Investment of moneys of the Fund

8. Realisation of investments

9. Disbursements from the Fund

S.I. 10, 1973,
S.I. 66, 1978.

1. Citation

This Order may be cited as the Revenue Stabilisation Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“investments” means deposits with such banks or other financial institutions as the Minister may from time to time approve; investments in the Joint Consolidated Fund administered by the Crown Agents; any investments which may lawfully be held by a trustee in Botswana; the purchase of Treasury bills, or other securities issued from time to time by the Government, or other negotiable securities the purchase of which is likely to contribute to the achievement of the purpose of the Fund; advances or loans to statutory corporations or to corporations wholly or partly owned by the Government, or their subsidiaries or to the Botswana Co-operative Bank Limited; such other classes of investments as the President, on the advice of the Minister, may from time to time approve.

3. Establishment of the Fund

A Special Fund, to be known as the Revenue Stabilisation Fund, (hereinafter referred to as “the Fund”) is hereby established.

4. Purpose of the Fund and revenues of the Fund

The purpose of the Fund is to receive and administer moneys which—

(a) are appropriated to it by Parliament from time to time;

(b) accrue to it as a result of investments made in accordance with paragraph 7 of this Order; or

and thus to establish and safeguard a general revenue reserve which is intended to supplement other recurrent revenues in those financial years in which such other recurrent revenues fall short of the total amounts which have been appropriated in such financial years to ensure the maintenance and orderly expansion of public services in a manner which is consistent with National Development Plans which have been, or are, approved from time to time by resolution of the National Assembly.

5. Administration of the Fund

(2) In the exercise of any power conferred on him under this Order, the accounting officer may exercise such power personally or through any other public officer authorised by him in writing.

6. Advisory committee

There shall be established an advisory committee (hereinafter referred to as “the committee”) comprising the accounting officer, who shall be chairman, and such other persons as the Minister may from time to time appoint in writing, which shall advise the Minister regarding the policies to be followed in the administration of the Fund and the investments to be made pursuant to paragraph 7 hereof.

7. Investment of moneys of the Fund

The moneys of the Fund not immediately required for the purposes of paragraph 9(b) shall, as far as possible, be invested on the instructions of the accounting officer on behalf of the Fund in such investments and on such terms—

(a) as the Minister, on the advice of the committee, shall direct; and

(b) as shall contribute generally to the achievement of the objectives of the National Development Plan as approved from time to time by resolution of the National Assembly:

Provided that such investments or terms shall not in any way prejudice the achievement of the purposes of the Fund.

8. Realisation of investments

The accounting officer may, in accordance with the directions of the Minister, realise investments of moneys of the Fund.

9. Disbursements from the Fund

There shall be paid from the Fund—

(a) such amounts as are required for the purposes of paragraph 7;

(b) such amounts as the Minister may from time to time direct to be paid into the Consolidated Fund during any financial year for the purposes set out in paragraph 4.

MEAT INDUSTRIES (BEEF EQUALISATION) SPECIAL FUND ORDER

(under section 25*)

(4th July, 1975)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of the Fund

6. Receipts into Fund

7. Disbursements from the Fund

8. Accounts of Fund

S.I. 87, 1975.

1. Citation

This Order may be cited as the Meat Industries (Beef Equalisation) Special Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Director” means the Director of Customs and Excise;

“Fund” means the Meat Industries (Beef Equalisation) Special Fund established under paragraph 3.

3. Establishment of Fund

There is hereby established a Special Fund to be known as the Meat Industries (Beef Equalisation) Special Fund.

4. Purpose of Fund

The purpose of the Fund is to provide for the equalisation of prices to be paid to the Botswana Meat Commission in respect of chilled or frozen boneless beef exported to any country forming part of the European Community.

5. Administration of the Fund

The Director shall be the public officer responsible for the administration of the Fund.

6. Receipts into Fund

There shall be paid into the Fund all moneys received in respect of export tax imposed under the Export Tax (Chilled or Frozen Boneless Beef) Regulations (Cap. 36:03 (Sub. Leg.)).

7. Disbursements from the Fund

There shall be paid from the Fund to the Botswana Meat Commission an amount equal to the export tax paid under the Export Tax (Chilled or Frozen Boneless Beef) Regulations.

8. Accounts of Fund

(1) The Director shall keep and maintain proper accounts and records in respect of the Fund and shall prepare in respect of each financial year a balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve.

(2) The Director shall, not later than 31st July in each year, sign and forward to the Accountant-General a copy of the balance sheet and statement of income and expenditure in respect of the previous financial year.

(3) The balance sheet and statement of income and expenditure shall be included in the Annual Statement of Accounts submitted by the Accountant-General to the Auditor-General in accordance with section 34(2) of the Act.

(4) The Director shall reconcile the accounts and records maintained under subparagraph (1) monthly with the account maintained by the Accountant-General.

POSTAL SERVICES SPECIAL FUND ORDER

(under section 25*)

(19th December, 1980)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Estimates

7. Receipts into Fund

8. Disbursements from Fund

9. Accounts of Fund

S.I. 142, 1980.

1. Citation

This Order may be cited as the Postal Services Special Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Consolidated Fund” means the Consolidated Fund established by section 117 of the Constitution;

“Department” means the Department of Postal Services;

“Director” means the Director of Postal Services;

“Fund” means the Postal Services Special Fund established under paragraph 3.

3. Establishment of Fund

There shall continue to be a special fund, to be known as the Postal Services Special Fund.

4. Purpose of Fund

The purpose of the Fund is to provide for—

(a) the purchase, maintenance and replacement of land, buildings, plant, machinery and equipment used by or on charge to the Director;

(b) the repayment of moneys spent by the Government from the Consolidated Fund for the purchase of land, buildings, plant, machinery and equipment used by or on charge to the Director;

(c) the expenses of the Director under the Botswana Postal Services Act (Cap. 72:01) and the Botswana Savings Bank Act (Cap. 56:03), and to account for all moneys received by the Director or held on deposit by him under such laws.

5. Administration of Fund

The Permanent Secretary to the Ministry of Works, Transport and Communications (hereinafter referred to as “the responsible officer”) shall be the public officer responsible for the administration of the Fund.

6. Estimates

The responsible officer shall prepare annual estimates for the operation of the Department and submit them to the Minister for his approval.

7. Receipts into Fund

There shall be paid into the Fund—

(a) all direct, hiring and standing charges levied in respect of Government machinery and equipment in use by the Department and of services provided by the Department;

(b) any advance made from the Consolidated Fund by the Minister under section 19(1)(b) of the Act;

8. Disbursements from Fund

There shall be paid from the Fund—

(a) the cost of purchasing replacement Government buildings, plant and equipment;

(b) all expenditure incurred in the operation, maintenance and replacement of Government buildings, plant and equipment and the provision of services;

(c) all sums due to foreign postal authorities in respect of services rendered to the Department or under any international agreement affecting the Department; and

(d) such sums as the Minister may direct shall be paid into the Consolidated Fund.

9. Accounts of Fund

(1) The responsible officer shall keep and maintain proper accounts and records in respect of the Fund and shall prepare in respect of each financial year a balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve.

(2) The responsible officer shall, not later than 31st July in each year, sign and forward to the Accountant-General a copy of the balance sheet and statement of income and expenditure in respect of the previous financial year.

(3) At the time of the submission of the balance sheet and statement of income and expenditure, the responsible officer shall also submit to the Minister proposals for dealing with any surplus or deficiency in the Fund and the handling of such surplus or deficiency.

(4) The balance sheet and statement of income and expenditure shall be included in the Annual Statement of Accounts submitted by the Accountant-General to the Auditor-General in accordance with section 34(2) of the Act.

(5) The responsible officer shall maintain accounts in which shall be recorded all receipts into the Fund and all disbursements from the Fund; such accounts, which shall be reconciled monthly with the account maintained by the Accountant-General, shall be kept in sufficient detail to enable the responsible officer to prepare the balance sheet and statement of income and expenditure required under subparagraph (2).

TERTIARY EDUCATION DEVELOPMENT FUND ORDER

(under section 25*)

(9th July, 2004)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Establishment of Fund

3. Purpose of Fund

4. Administration of Fund

5. Payments into Fund

6. Disbursements from Fund

7. Accounts of Fund

S.I. 57, 2004.

1. Citation

This Order may be cited as the Tertiary Education Development Fund Order.

2. Establishment of Fund

A special Fund to be known as the Tertiary Education Development Fund (hereinafter referred to as “the Fund”) is hereby established.

3. Purpose of Fund

The purpose of the Fund is to meet the costs of—

(a) the construction of a second University in Botswana;

(b) the construction of a medical school and its associated facilities in Botswana; and

4. Administration of Fund

(1) The Permanent Secretary to the Ministry of Education (hereinafter referred to as “the Accounting Officer”) shall be the public officer responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his duties.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the powers or duties required of the Accounting Officer.

5. Payments into Fund

There shall be paid into the Fund such monies as the Minister may determine out of funds received in respect of bonds issued under the Stock, Bonds and Treasury Bills Act, and such other monies as may be donated or contributed into the Fund.

6. Disbursements from Fund

There shall be paid from the Fund, money required for the carrying out of any activity which seeks to advance the objects of the Fund.

7. Accounts of Fund

(1) The Accounting Officer shall cause—

(a) the keeping and maintenance of proper accounts and records of the Fund;

(b) the preparation for each financial year, of a balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve;

(c) the maintenance of an account in which shall be recorded all receipts into the Fund, and the reconciliation of the monthly accounts of the Fund.

(2) At the time of submission of the balance sheet and statement of income and expenditure, the Accounting Officer shall also submit to the Minister, proposals for dealing with any surplus in the Fund.

BOTSWANA RAILWAYS FUND ORDER

(under section 25*)

(1st April, 1987)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Estimates

7. Receipts into the Fund

8. Disbursements from the Fund

9. Accounts of the Fund

S.I. 40, 1987.

1. Citation

This Order may be cited as the Botswana Railways Fund Order.

2. Interpretation

In this Order unless the context otherwise requires—

“Consolidated Fund” means the Consolidated Fund established by section 117 of the Constitution;

“Development Fund” means the Development Fund referred to in section 23(1) of the Act.

“Fund” means the Botswana Railways Special Fund established under paragraph 3 of this Order;

“Organisation” means the Botswana Railways Organisation established under section 3 of the Botswana Railways Act (Cap. 70:01).

3. Establishment of Fund

A Special Fund to be known as the Botswana Railways Special Fund is hereby established.

4. Purpose of Fund

The purpose of the Fund is to provide for the operations of the Organisation.

5. Administration of Fund

The Permanent Secretary of the Ministry of Works, Transport and Communications (hereinafter referred to as “the responsible officer”) shall be the public officer responsible for administration of the Fund.

6. Estimates

The responsible officer shall have annual estimates prepared for the operation of the Organisation and shall submit them to the Minister responsible for finance prior to the 20th day of November in each year for his approval.

7. Receipts into the Fund

There shall be paid into the Fund—

(a) all revenues arising from the operations of the Organisation;

(b) any advance, loan or grant from the Consolidated Fund or the Development Fund under sections 19(1)(b) or 19(1)(c) of the Act;

(c) any proceeds from investments of any other revenue that may accrue to the Organisation in the course of its operations.

8. Disbursements from the Fund

There shall be paid out of the Fund all expenditure incurred by the Organisation in conducting its business.

9. Accounts of the Fund

The Organisation shall keep proper accounts and other records in relation thereto, 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 Department in a form which shall conform with the best commercial accounting standards applicable to the provision of services.

CENTRE FOR ACCOUNTING STUDIES SPECIAL FUND (REVOCATION) ORDER

(under section 25*)

(1st August, 1997)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Transfer of assets and liabilities of Fund

S.I. 71, 1997.

1. Citation

This Order may be cited as the Centre for Accounting Studies Special Fund (Revocation) Order.

2. Transfer of assets and liabilities of Fund

The assets and liabilities of the Centre for Accounting Studies Special Fund Order are hereby transferred and shall vest in the Botswana Accountancy College, a company limited by guarantee with Registration No. Co. 96/328 with effect from 1st July, 1996.

*Originally made under the Finance and Audit Act now repealed, these regulations have been continued under s 59 (7) of the Public Finance Management Act 2013.

SIM’S BURSARY TRUST FUND ORDER

(under section 25*)

(23rd August, 1991)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Establishment of Fund

3. Purpose of Fund

4. Administration of Fund

5. Revenues of Fund

6. Investment of Fund moneys

7. Disbursements from Fund

S.I. 97, 1991.

1. Citation

This Order may be cited as the Sim’s Bursary Trust Fund Order.

2. Establishment of Fund

There is hereby established a Special Fund to be known as The Sim’s Bursary Trust Fund (hereinafter referred to as “the Fund”).

3. Purpose of Fund

The purpose of the Fund is to finance the training of deserving citizens of Botswana in the professions.

4. Administration of Fund

The Minister of Education shall be responsible for the administration of the Fund in accordance with the terms of the last will and testament of George William Sim, but may, in writing, authorise any public officer (hereinafter referred to as “the responsible officer”) to exercise any of the powers or perform any of the duties imposed on him by virtue of the terms of the will and this Act.

5. Revenues of Fund

The revenues of the Fund shall comprise all sums realised from the estate of the late George William Sim for the benefit of the said Fund, and any moneys realised from investments in accordance with paragraph 6.

6. Investment of fund Moneys

The Minister or the responsible officer shall, as far as is reasonably practicable, invest all moneys of the Fund not immediately required for payments from the Fund in accordance with paragraph 7, in such investments and on such terms as shall, in his opinion, contribute to the achievement of the objectives of the Fund, and any interest earned from such investments shall accrue to the Fund.

7. Disbursements from Fund

The Minister or the responsible officer shall, each year, utilise interest from the Fund, or such of it as may be required, in the payment of a bursary to a deserving Botswana citizen, or to deserving Botswana citizens, chosen at the discretion of the Minister, for the purpose of meeting his, or their, expenses in training for one of the professions.

DEBT PARTICIPATION CAPITAL FUND LIMITED ORDER

(section 25*)

(6th July, 2012)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Payment into Fund

7. Investment of Fund moneys

8. Disbursements from Fund

9. Surplus in Fund

10. Accounts of Fund

S.I. 59, 2012.

1. Citation

This Order may be cited as the Debt Participation Capital Fund Limited Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“accounting officer” means the Permanent Secretary in the Ministry of Finance and Development Planning; and

“Fund” means the Debt Participation Capital Fund Limited established under paragraph 3.

3. Establishment of Fund

There is hereby established a special fund to be known as the Debt Participation Capital Fund Limited Order.

4. Purpose of Fund

The purpose of the Fund is to service loans which have been—

(a) prepaid by parastatals; and

(b) converted into equity by Government.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry of Finance and Development Planning is hereby appointed the accounting officer and he shall be the public officer responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The accounting officer may exercise all powers and perform all such duties as may be required to be exercised or performed for the proper discharge of his functions under this Order.

(3) The accounting officer may, in writing, authorise any other public officer or any agency of Government to exercise or perform all or any of the duties required of the accounting officer.

(4) Without derogating from the generality of the functions and powers of the accounting officer as provided in this paragraph, the accounting officer shall cause the Development and Budget Division in the Ministry of Finance and Development Planning to—

(a) be responsible for the day-to-day administration and management of the Fund; and

(b) keep and maintain proper books of accounts and records of the Fund.

6. Payment into Fund

There shall be paid into the Fund such moneys as may from time to time be—

(a) accrued or realised from proceeds received from prepaid loans sold to the Debt Participation Capital Fund Limited; and

(b) appropriated by the National Assembly for purposes of the Fund.

7. Investment of Fund moneys

Any money accruing to the Fund which is not required for immediate use shall, as far as is reasonably practicable, be invested.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) administration costs relating to the—

(i) management of the Fund, and

(ii) financial auditing of the accounts of the Fund;

(b) semi-annual principal and interest of the prepaid loans; and

9. Surplus in Fund

If the Fund shows any surplus at the end of the financial year, and all the outstanding loans have been fully paid, the surplus shall be paid into the Consolidated Fund.

10. Accounts of Fund

(1) The accounting officer shall—

(a) keep and maintain proper accounts and records of the Fund;

(b) prepare in respect of each financial year, a balance sheet and statement of income and expenditure in the form and manner approved by the Accountant-General; and

(c) maintain an account in which shall be recorded all receipts into Fund, all disbursements from the Fund and the reconciliation of the monthly accounts of the Fund.

(2) The balance sheet and statement of income and expenditure of the Fund shall be prepared by the Accountant-General in the annual statement of the Fund to be transmitted to the Auditor General for auditing in accordance with the Act.

NATIONAL DISASTER RELIEF FUND ORDER

(section 25*)

(8th March, 1996)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Establishment of Fund

3. Purpose of the Fund

4. Administration of Fund

5. Payments into Fund

6. Disbursements from Fund

7. Management of Fund

8. Accounts of the Fund

S.I. 20, 1996.

1. Citation

This Order may be cited as the National Disaster Relief Fund Order.

2. Establishment of Fund

A special fund to be known as the National Disaster Relief Fund (hereinafter referred to as “the Fund”) is hereby established.

3. Purpose of the Fund

The purpose of the Fund is to provide financial assistance to natural disaster victims.

4. Administration of Fund

The Permanent Secretary to the President (hereinafter referred to as “the Accounting Officer”) shall be the public officer responsible for the administration of the Fund.

5. Payments into Fund

There shall be paid into the Fund—

(a) such moneys as may be appropriated by Parliament;

(b) donations from persons and organisations; and

6. Disbursements from Fund

There shall be paid from the Fund—

(a) the cost of reconstruction and repair to victims’ shelter;

(b) the cost of rehabilitation of transport infrastructure;

7. Management of Fund

The Fund shall be managed by the National Committee on Disaster Preparedness.

8. Accounts of the Fund

(1) The Accounting Officer shall—

(a) keep and maintain proper accounts and records in respect of the Fund;

(b) prepare in respect of each financial year a balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve;

(c) at the time of submission of the balance sheet and statement of income and expenditure, submit to the Minister proposals for dealing with any surplus in the Fund;

(d) maintain an account in which shall be recorded all receipts into the Fund and all disbursements from the Fund; such accounts shall be reconciled monthly with the account maintained by the Accountant-General.

(2) The balance sheet and statement of income and expenditure shall be included in the Annual Statement of Accounts submitted by the Accountant-General to the Auditor General in accordance with section 34(2) of the Act.

FINANCE (TOURISM INDUSTRY TRAINING FUND) ORDER

(section 25*)

(27th December, 1996)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

5A. Payment into the Fund

6. Investment of moneys

7. Disbursements from Fund

8. Accounts of Fund

S.I. 99, 1996,
S.I. 11, 2006,
S.I. 83, 2012.

1. Citation

This Order may be cited as the Finance (Tourism Industry Training Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary appointed as such under paragraph 5 of this Order;

“Fund” means the Tourism Training Fund established by paragraph 3 of this Order.

“Minister” means the Minister responsible for Environment, Wildlife and Tourism.

3. Establishment of Fund

There is hereby established a special fund to be known as the Tourism Industry Training Fund.

4. Purpose of Fund

The purpose of the Fund is to—

(a) finance the skills training programmes for employees, at basic, intermediate and advanced levels in the key areas of—

(i) the tourism sector,

(ii) the hospitality industry; and

(iii) entities, departments and organisations that provide complimentary and facilitative support to the tourism industry; and

(b) pay allowances for the youths and interns attached to the tourism and hospitality sector.

5. Administration of Fund

(1) The Permanent Secretary to the Ministry of Environmental, Wildlife and Tourism (hereinafter referred to as “the Accounting Officer”), shall be the public officer responsible for the administration of the Fund.

(2) The Minister may appoint a Management Committee which shall determine the training strategy and subject to the special or general direction of the Accounting Officer, manage the Fund.

(3) The Minister may appoint an independent auditor to undertake audits of the Fund on such conditions as he shall in writing require.

(4) The Accounting Officer may, with the written approval of the Minister, appoint an accounting firm or an associate of a firm to undertake the day-to-day accounting activities of the Fund.

5A. Payment into the Fund

There shall be paid into the Fund—

(a) monies collected from levies by the Tourism Industry for and on behalf of Government from their paying guests; and

(b) income from the investment of moneys of the Fund.

6. Investment of moneys

The Management Committee shall invest the moneys of the Fund not immediately required for payments from the Fund on such terms as shall contribute to the achievement of the objectives of the Fund and interest earned from such investment shall accrue to the Fund.

7. Disbursements from Fund

There shall be paid from the Fund all expenses incurred in the performance of duties connected with the administration and the management of skills training programmes.

8. Accounts of Fund

(1) The Accounting Officer shall—

(a) keep and maintain proper accounts and records of the Fund;

(b) prepare for each financial year a balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve; and

(c) maintain an account in which shall be recorded all receipts into the Fund and all disbursements from the Fund and reconcile monthly the accounts of the Fund.

(2) The balance sheet and the statement of income and expenditure shall be prepared by the Accountant-General in the annual statement of the Fund to be transmitted to the Auditor General in accordance with the Act.

MPULE KWELAGOBE HIV/AIDS TRUST FUND ORDER

(under section 25*)

(25th February, 2000)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Trust Fund

4. Purpose of Trust Fund

5. Administration of Fund

6. Board of Trustees

7. Proceedings of Board

8. Remuneration

9. Duties of the Board

10. Payments into Fund

11. Investment of Fund monies not required for use

12. Disbursements from Fund

13. Guidelines for disbursements from Fund

14. Accounts of Fund

S.I. 18, 2000.

1. Citation

This Order may be cited as the Mpule Kwelagobe HIV/AIDS Trust Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Board” means the Board of Trustees of the Mpule Kwelagobe HIV/AIDS Trust Fund;

“Fund” means the Mpule Kwelagobe HIV/AIDS Trust Fund as established by paragraph 3 of this Order; and

“member” means a member of the Board.

3. Establishment of Trust Fund

There is hereby established a special fund to be known as the Mpule Kwelagobe HIV/AIDS Trust Fund.

4. Purpose of Trust Fund

(1) The purpose of the Fund shall be to collect, receive, and hold all monies becoming available to it as a result of any appeal for funds, or monies otherwise donated, granted, bequeathed, inherited or in any other manner made available and which the Board may at its discretion accept and use for purposes of HIV/AIDS related projects.

(2) Without prejudice to the generality of subparagraph (1), the Fund may—

(a) keep readily available funds for the immediate use in HIV/AIDS related projects;

(b) fund activities related to combatting HIV/AIDS, including, but not limited to, awareness campaigns, home based care, or hospice care;

(c) work with members of the community, including non governmental organisations and community-based organisations in matters related to HIV/AIDS; and

(d) co-operate with and assist any other body or person whether associated with the Fund or not in relation to any other matter intended to advance any of the purposes of the Fund.

5. Administration of Fund

The Permanent Secretary to the Ministry of Health shall be the public officer responsible for the administration of the Fund.

6. Board of Trustees

(1) The Minister of Health shall appoint a Board of Trustees for the Fund, which shall, subject to the Minister’s approval, undertake the day-to-day activities of the Fund.

(2) The Board of Trustees shall consist of seven members being representatives of the following—

(a) the Ministry of Health;

(b) the Ministry of Finance and Development Planning;

(d) the Ministry of Labour and Home Affairs;

(e) the Attorney-General’s Chambers;

(f) the Debswana Diamond Company (Proprietary) Limited Botswana.

7. Proceedings of Board

(1) Subject to the provisions of this Order, the Board shall regulate its own procedure.

(2) The quorum at any meeting of the Board shall be three members.

(3) A decision of the Board on any question shall be by the majority of the members present and voting, and, in the event of an equality of votes, the person presiding shall have a casting vote in addition to that person’s vote.

8. Remuneration

No remuneration shall be payable to members of the Board, who shall give their services gratuitously, save that the actual costs of administration, including out of pocket expenses incurred during the course of carrying out their duties in accordance with this Order, shall be met by the Fund.

9. Duties of the Board

The Board of Trustees shall accept donations and bequests from donors and other persons made in favour of the Fund and administer the same, subject to such conditions as may be imposed by the donor or other such persons, provided that such conditions are not inconsistent with the aims and objectives of this Fund.

10. Payments into Fund

There shall be paid into the Fund—

(a) all monies received from donors;

(b) all monies generated for the Fund through fund-raising activities; and

11. Investment of Fund monies not required for use

The Board shall invest the monies of the Fund not immediately required for payment from the Fund on such terms and conditions as shall be consistent with the objectives of this Fund.

12. Disbursements from Fund

There shall be paid from the Fund any amount of money required for the carrying out of any activity, which seeks to advance the objects of the Fund:

Provided that such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

13. Guidelines for disbursements from Fund

The Board, with the approval of the Permanent Secretary to the Ministry of Health, shall develop guidelines for the payment of monies from the Fund.

14. Accounts of Fund

(1) The Board shall cause the—

(a) keeping and maintenance of proper accounts and records of the Fund;

(b) preparation for each financial year of a balance sheet and (2) The balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve;

(c) maintenance of an account in which shall be recorded all receipts into the Fund and all disbursements from the Fund and the reconciliation of the monthly accounts of the Fund.

(2) The balance sheet and statement of income and expenditure shall be prepared by the Accountant-General in the annual statement of the Fund transmitted to the Auditor General in accordance with the Act.

CREDIT GUARANTEE SCHEME FUND ORDER

(under section 25*)

(15th September, 2000)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Payments into Fund

7. Investment of Fund moneys

8. Disbursements from Fund

9. Guidelines for disbursements from Fund

10. Accounts of Fund

S.I. 58, 2000.

1. Citation

This Order may be cited as the Credit Guarantee Scheme Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry of Finance and Development Planning appointed as such under paragraph 5 of this Order;

“business” means any establishment whose main objective is the generation of a monetary profit and includes retail, commercial development, manufacturing and agricultural projects;

“Fund” means the Credit Guarantee Scheme Fund established under paragraph 3 of this Order;

“guarantee” means financial cover provided in case of the occurrence of failure to pay back a bank loan by any person granted such bank loan under this scheme; and

“small and medium enterprises” means any business with an annual income ranging from P40 000 to P250 000; and

“Minister” means the Minister responsible for finance.

3. Establishment of Fund

There is hereby established a special fund to be known as the Credit Guarantee Scheme Fund.

4. Purpose of Fund

(1) The purpose of the Fund is to foster, by means of providing a guarantee for losses of bank loans granted to Botswana owned businesses, the development of a self-sustaining small and medium enterprises sector in Botswana.

(2) Without prejudice to the generality of subparagraph (1), the Fund may provide for the setting up of any institutional support programmes that may be necessary in the carrying out of its objectives.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry of Finance and Development Planning (hereinafter referred to as “the Accounting Officer”) shall be the public officer responsible for the administration of the Fund.

(2) The Minister shall appoint the Botswana Export Credit and Insurance Company to undertake the day-to-day activities of the Fund.

6. Payments into Fund

There shall be paid into the Fund—

(a) P20 000 000 (twenty million Pula) by the Ministry of Finance and Development Planning;

(b) such other moneys as may be received from Government;

(c) income derived from the payment of interest, premiums, and any such fees as may be charged to persons whose bank loans are covered by this Fund; and

(d) income from the investment of moneys of the Fund.

7. Investment of Fund moneys

The Botswana Export Credit and Insurance Company shall invest the moneys of the Fund not immediately required for payments from the Fund on such terms as shall contribute to the achievement of the objectives of the Fund, and interest earned from such investment shall accrue to the Fund.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) any amount of money required for the carrying out of any activity, which seeks to advance the objects of the Fund:

Provided that such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund; and

(b) any amount which has been guaranteed under this Fund and in accordance with this Order.

9. Guidelines for disbursements from Fund

The Botswana Export Credit and Insurance Company shall develop guidelines for the payment of moneys from the Fund.

10. Accounts of Fund

(1) The Accounting Officer shall cause the—

(a) keeping and maintenance of proper accounts and records of the Fund;

(b) preparation for each financial year, of a balance sheet and statement of income and expenditure in such form and manner as the Accountant-General may approve; and

(c) maintenance of an account in which shall be recorded all receipts into the Fund, all disbursements from the Fund and the reconciliation of the monthly accounts of the Fund.

ROAD LEVY COLLECTIONS FUND ORDER

(under section 25*)

(6th July, 2001)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Road Levy Collections Fund

4. Purpose of Fund

5. Administration of Fund

6. Payments into Fund

7. Investment of Fund monies

8. Disbursements from Fund

8A. Surplus in Fund

9. Accounts of Fund

S.I. 31, 2001,
S.I. 95, 2010.

1. Citation

This Order may be cited as the Road Levy Collections Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary to the Ministry of Works Transport and Communications;

“Fund” means the Road Levy Collections Fund established under paragraph 3.

3. Establishment of Road Levy Collections Fund

There is hereby established a special fund to be known as the Road Levy Collections Fund.

4. Purpose of Fund

The purpose of the Fund is to hold all revenue collected from the road fund levy collections so as to utilise the monies of the Fund to finance the maintenance of roads.

5. Administration of Fund

(1) The Permanent Secretary to the Ministry of Works Transport and Communications shall be the public officer responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such power and perform such duties as may be required to be exercised or performed for the proper discharge of his duties.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the powers or duties required of the Accounting Officer.

6. Payments into Fund

There shall be paid into the Fund—

(a) all monies received from road levy charges; and

(b) income from the investment of the moneys of the Fund.

7. Investment of Fund monies

(1) The Accounting Officer shall invest the monies of the Fund not immediately required for payments from the Fund, on such terms as shall contribute to the achievement of the objectives of the Fund.

(2) Interest earned from an investment made in accordance with subparagraph (1) shall accrue to the Fund.

8. Disbursements from Fund

There shall be paid from the Fund, money required for the carrying out of any activity which seeks to advance the objects of the Fund:

Provided that such disbursement qualifies as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

8A. Surplus in Fund

The surplus remaining in the Fund, after the deduction of payments referred to in paragraph 8, shall be paid into the Consolidated Fund.

9. Accounts of Fund

The Accounting Officer shall cause the—

(a) keeping and maintenance of proper accounts and records of the Fund;

(b) preparation for each financial year, of a balance sheet and statement of income and expenditure in such form as the Accountant-General may approve; and

(c) maintenance of an account in which shall be recorded all receipts into the Fund, and the reconciliation of the monthly accounts of the Fund.

NATIONAL ENVIRONMENTAL FUND ORDER

(section 25*)

(6th April, 2010)

ARRANGEMENT OF PARAGRAPH

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. National Environmental Fund Board

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of money

11. Accounts of Fund

S.I. 70, 2010,
S.I. 11, 2018.

1. Citation

This Order may be cited as the National Environmental Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent ecretary in the Ministry of Environment, Wildlife and Tourism;

“Board” means the National Environmental Fund Board appointed under paragraph 6;

“Fund” means the National Environmental Fund established under paragraph 3;

“Minister” means Minister responsible for Environment, Wildlife and Tourism.

3. Establishment of Fund

There is hereby established a special fund to be known as the National Environmental Fund.

4. Purpose of Fund

(1) The purpose of the Fund is to finance and promote activities designed to conserve, protect and manage Botswana environment.

(2) Without prejudice to the generality of subparagraph (1), the Fund may provide for—

(a) Sustainable—

(i) development,

(ii) use of natural resources, and

(iii) activities related thereto;

(b) development and implementation of community based natural resource management activities;

(d) rehabilitation of degraded ecosystems;

(e) promote activities related to—

(i) protection of the urban environment,

(ii) climate change mitigation and adaptation,

(iii) waste management and pollution control,

(iv) environmental awareness and education, and

(v) environmental research and monitoring;

(f) capacity building and training programmes in environmental management and sustainable development; and

(g) compensation for damage caused by wildlife.

5. Administration of Fund

(1) The permanent secretary in the Ministry responsible for Environment, Wildlife and Tourism is hereby appointed the Accounting Officer and he or she shall be the public officer responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise all powers and duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer or any agency of Government to exercise or perform all or any of the duties required of the Accounting Officer.

(4) Without derogating from the generality of the functions and powers of the Accounting Officer as provided in this paragraph, the Accounting Officer shall cause the Board to—

(a) be responsible for overseeing the day-to-day administration and management of the Fund;

(b) keep and maintain proper books of accounts and records of the Fund; and

(i) receipts into the Fund;

(ii) disbursements from the Fund; and

(iii) reconciliation of the monthly accounts of the Fund.

6. National Environmental Fund Board

(1) The Minister shall, after consultation with the Minister of Finance and Development Planning, appoint the National Environmental Fund Board, to administer the Fund as directed by the Accounting Officer in accordance with this Order.

(2) The Board shall consist of—

(a) two members from the Ministry of Environment, Wildlife and Tourism;

(b) one member from the Ministry of Finance and Development Planning;

(d) one member from the Ministry of Lands and Housing; and

(e) four members selected from the academia, business, civil society and persons with a special knowledge of, or interest in matters relating to the purpose of the Fund.

(3) The Deputy Permanent Secretary in the Ministry of Environment, Wildlife and Tourism shall be the chairperson of the Board.

(4) The Board shall elect a deputy chairperson from among its members.

7. Receipts into Fund

There shall be paid into the Fund—

(a) monies as may be appropriated by the National Assembly for the purposes of the Fund;

(b) revenues from the sale of hunting quota and concessions by communities;

(d) monies collected from levies, fines and licences for environmental pollution and management, as may be determined by the Minister;

(e) monies collected from other environmental conservation and management grant-making activities as may be determined by the Minister;

(f) grants, donations and contributions from other sources; and

(g) any monies accruing on or from investments made from monies in the Fund.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) grants that the Board, acting in accordance with the Board guidelines, may approve; and

(b) expenses incurred in the management of the Fund, or any other expense approved by the Board in line with the objectives of the Fund.

9. Surplus in Fund

If the Fund shows any surplus at the end of the financial year, the surplus shall be carried forward into the following year.

10. Investment of money

Any money accruing to the Fund which is not required for immediate use shall be invested in Botswana in accordance with the directions given by the Board and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

(1) The Board shall cause an annual financial audit of the accounts of the Fund to be conducted in accordance with the generally accepted international accounting standards.

(2) Not later than four months after the close of each financial year, the Board shall cause the accounts with respect to that year to be audited by the Auditor General or by an independent auditor appointed by the Board and approved by the Auditor General.

(3) As soon as the accounts have been audited, and not later than three months after the audit, the Board shall submit to the Accounting Officer a copy of the audited accounts together with the auditor’s report.

(4) The Accounting Officer shall, no later than four months after the end of the financial year and in the manner that the Accountant-General may direct, submit to the Accountant-General, the auditor’s report accompanied by separate copies of the—

(a) balance sheet for the financial year;

(b) statement of income and expenditure for the financial year; and

PUBLIC FINANCE MANAGEMENT (LEVY ON TOBACCO AND TOBACCO FUND PRODUCTS) ORDER

(section 38(1))

(31st January, 2014)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Tobacco and Tobacco Products Levy Implementation Committee

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus of Fund

10. Budget and Investment Plan of Fund

11. Guidelines for approving funding

12. Accounts of Fund

S.I. 8, 2014.

1. Citation

This Order may be cited as the Public Finance Management (Levy on Tobacco and Tobacco Products) Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry of Health;

“Committee” means the committee appointed by the Accounting Officer under paragraph 6;

“Department” means the Department responsible for public health in the Ministry of Health; and

“Fund” means the Levy on Tobacco and Tobacco Products Fund established under paragraph 3.

3. Establishment of Fund

There is hereby established a special fund to be known as the Levy on Tobacco and Tobacco Products Fund.

4. Purpose of Fund

The purpose of the Fund is—

(a) to establish treatment, rehabilitation and counseling clinics for tobacco users;

(b) promote projects and activities designed to combat the use of tobacco products, and the harmful effects thereof;

(d) to promote advocacy for tobacco control programmes;

(e) to support non-governmental and community based organisations involved in tobacco control;

(f) to support research on issues related to tobacco use;

(g) to empower law enforcement agencies in their implementation of legislation relevant to the control of tobacco and tobacco products;

(h) to support country participation at fora on control of tobacco and tobacco products; and

(i) to provide for any other activities that the Accounting Officer may, in writing, approve.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry of Health shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise all powers and perform all duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer or any agency of Government to exercise or perform all or any of the powers or duties required of the Accounting Officer.

(4) Without derogating from the generality of the functions and powers of the Accounting Officer as provided in this paragraph, the Accounting Officer shall cause the Department to—

(a) be responsible for the day-to-day administration and management of the Fund;

(b) keep and maintain proper books of accounts and records of accounts of the Fund; and

(c) maintain an account into which shall be recorded all receipts into the Fund, all disbursements from the Fund, and the reconciliation of the monthly accounts of the Fund.

6. Tobacco and Tobacco Products Levy Implementation Committee

(1) The Accounting Officer shall appoint a Tobacco and Tobacco Products Levy Implementation Committee, which shall be responsible for overseeing the administration and management of the Fund and for advising the Accounting Officer with respect to the Fund.

(2) The Accounting Officer shall appoint the following members to the Committee—

(a) the Director of the Department as the Chairperson;

(b) a member from the Ministry of Youth, Sports and Culture;

(d) a member from the Botswana Unified Revenue Service;

(e) a member from the Botswana Police Service; and

(f) any other five members from the private and public sector as the Accounting Officer considers appropriate.

(3) The Committee shall determine its own procedures.

7. Receipt into Fund

(1) The Botswana Unified Revenue Service established under the Botswana Unified Revenue Service Act (Cap. 42:10), shall collect the levy charged on tobacco and tobacco products and credit the levy collected to the Fund.

(2) The levy shall be collected at the point of manufacturing, for the locally packaged tobacco and tobacco products, and at the point of import for the imported tobacco and tobacco products.

(3) The levy shall be calculated at a rate in accordance with the provisions of the Control of Goods, Prices and Other Charges (Tobacco Products (Levy)) Regulations.

(4) The Botswana Unified Revenue Service shall remit to the Fund the levy collected on a quarterly basis or at such times as may otherwise be agreed upon between the Botswana Unified Revenue Service and the Accounting Officer.

(5) The Botswana Unified Revenue Service shall, for the purpose of ensuring compliance with this Order, conduct an inspection of the books of any person required to pay the levy on tobacco and tobacco products in accordance with this Order.

8. Disbursement from Fund

The Committee shall cause to be paid out of the Fund—

(a) costs for carrying out the purposes set out in paragraph 4; and

(b) administrative costs relating to the—

(i) administrative management of the Fund,

(ii) financial auditing of the accounts of the Fund,

(iii) remuneration or sitting allowances of Committee members,

(iv) other matters affecting the administration of the Fund as approved by the Committee, and

(v) agency fees for the Botswana Unified Revenue Service, paid at a rate to be agreed upon by the Accounting Officer and Botswana Unified Revenue Service.

9. Surplus of Fund

Any surplus remaining in the Fund, after the deduction of disbursements referred to in paragraph 8, shall be paid into the Consolidated Fund.

10. Budget and Investment Plan of Fund

(1) The Committee shall cause to be prepared an annual budget for the funding of projects planned for the year.

(2) The Committee shall submit the annual budget for approval, in writing, to the Accounting Officer, not later than three months—

(a) after the coming into operation of this Order; or

(b) before the end of the financial year of the Fund.

(3) The Accounting Officer shall approve, in writing, any amendment or change to the annual budget before it is implemented.

11. Guidelines for approving funding

(1) The Committee shall, with the approval of the Accounting Officer, formulate guidelines for approving funding of projects for any activity intended to combat tobacco and tobacco products abuse and minimise the harmful effects of tobacco and tobacco products use and exposure to such use, as provided in paragraph 4.

(2) The guidelines for approving funding of projects referred to in sub- paragraph (1) shall provide, inter alia, for-

(a) the criteria for evaluating and approving a project or activity to receive funds from the Fund;

(b) the passing of a resolution to award funds for a project or activity;

(d) the development, after consultation with the Accounting Officer, of a Funding Agreement with respect to each funding recipient, which shall, inter alia, provide for—

(i) the recipient and use of the funds,

(ii) a schedule for fund agreement process,

(iii) the auditing and reporting requirements for the funding and any project or activity financed by the funds,

(iv) representations and warranties,

(v) the procedures to monitor performance of awarded funds; and

(v) the procedure to be followed for the return of an unused funds or the recovery of a misused funds.

12. Accounts of Fund

(1) The Committee shall cause the preparation, for each financial year, of a balance sheet and statement of income and expenditure in such form as the Accountant-General may approve, and shall no later than two months after the close of the financial year, forward a copy of the balance sheet and statement of income and expenditure in respect of the previous year to the Accountant-General.

(2) The Committee shall not later than two months after the close of each financial year cause the accounts with respect to that year to be audited by an independent auditor appointed by the Auditor General.

(3) As soon as the accounts have been audited, and in any case not later than three months after the audit, the chairperson of the Committee shall submit to the Accounting Officer a copy of each audited account together with the auditor’s report.

(4) The chairperson of the Committee shall within six months after the end of the financial year, submit to the Accounting Officer, a report on the conduct of the business of the Committee.

FOOT AND MOUTH RELIEF FUND ORDER

(under section 38(1))

(25^{th July, 2014)}

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Payment into Fund

7. Investment of Fund monies

8. Disbursement from Fund

9. Accounts of Fund

S.I. 94, 2014.

1. Citation

This Order may be cited as the Foot and Mouth Relief Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry of Agriculture;

“Fund” means the Foot and Mouth Relief Fund continued under paragraph 3.

3. Establishment of Fund

The Foot and Mouth Relief Fund established by Presidential Directive CAB 20 (B) of 2008 is hereby continued under this Order.

4. Purpose of Fund

The purpose of the Fund is to assist farmers in areas affected by foot and mouth disease with interest free loans as a cash advance scheme, whereby farmers pledge their cattle as security for the loans.

5. Administration of Fund

(1) The Accounting Officer in the Ministry responsible for Agriculture shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer or any agency of Government to exercise or perform all or any of the duties required of the Accounting Officer.

6. Payment into Fund

There shall be paid into the Fund such monies as may from time to time be—

(a) appropriated by the National Assembly for the purposes of the Fund;

(b) accrued or realised as interest from monies in the Fund; and

7. Investment of Fund monies

(1) Any money accruing to the Fund which is not required for immediate use shall be invested in Botswana in accordance with the direction given by the Accounting Officer.

(2) Any Interest earned from an investment made in accordance with subparagraph (1) shall accrue to the Fund.

8. Disbursements from Fund

(1) The Accounting Officer shall on a quarterly basis or at such times as may otherwise be agreed upon between the Accounting Officer and the Minister of Finance and Development Planning, remit to the Consolidated Fund, 50 per cent of the value of the Fund.

(2) There shall be paid from the Fund in any given financial year—

(a) such sums of money as may be required as a cash advance to farmers in the foot and mouth disease affected areas;

(b) expenses incurred in the management of the Fund; and

9. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain proper accounts and records of the Fund;

(b) prepare, in respect of each financial year, a balance sheet and statement of income expenditure in the form and manner approved by the Accountant-General;

(c) maintain an account in which shall be recorded all receipts into the Fund, all disbursements from the Fund and the reconciliation of the monthly accounts of the Fund;

(d) within two months after the end of the financial year, cause the accounts with respect to that year to be audited by the Auditor General or an independent auditor appointed by the Auditor General; and

(e) within two months after the end of the financial year, forward to the Accountant-General a copy of the balance sheet and statement of income and expenditure in respect of the previous year.

PUBLIC FUNDS (LIMITS FOR TOTAL ADVANCES OUTSTANDING) ORDER

(under section 33(2))

(17th October, 2014)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Limits for total advances outstanding

S.I. 119, 2014.

1. Citation

This Order may be cited as the Public Funds (Limits for Total Advances Outstanding) Order.

2. Limits for total advances outstanding

The total advances outstanding for advances issued to public officers under section 33(1)(c) of the Act shall not at any time exceed P30 000 000 (Thirty Million Pula).

HOUSING FUND ORDER

(under section 38(1))

(24th April, 2015)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Payment into Fund

7. Investment of Fund moneys

8. Disbursement from Fund

9. Surplus in Fund

10. Accounts of Fund

S.I. 51, 2015.

1. Citation

This Order may be cited as the Housing Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for Housing appointed under paragraph 5; and

“Fund” means the Housing Fund established under paragraph 3.

3. Establishment of Fund

There is hereby established a fund to be known as the Housing Fund.

4. Purpose of Fund

The purpose of the Fund is to receive and maintain funds made available to it or earned by it, which funds shall be utilised to meet, in whole or in part, the development of housing for intended beneficiaries in Botswana who shall be identified by Government from time to time.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for Housing shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer or any agency of Government to exercise or perform all or any of the duties required of the Accounting Officer.

6. Payment into Fund

There shall be paid into the Fund such moneys as may from time to time—

(a) be appropriated by the National Assembly for the purposes of the Fund;

(b) accrue to the Fund or be realised from repayment by the housing beneficiaries; or

7. Investment of Fund moneys

Any money accruing to the Fund which is not required for immediate use shall be invested in Botswana in accordance with the direction given by the Accountant-General.

8. Disbursement from Fund

There shall be paid from the Fund in any given financial year—

(a) such payment as may be required to carry out the purposes set out in paragraph 4;

(b) such amount as shall be required for the purpose of investment in accordance with paragraph 7; and

9. Surplus in Fund

If the fund is in surplus at the end of the financial year, such surplus shall be carried forward into the following financial year.

10. Accounts of funds

(1) The Accounting Officer shall—

(a) keep and maintain proper accounts and records of the Fund;

(b) prepare in respect of each financial year, a balance sheet and statement of income and expenditure in the form and manner approved by the Accountant-General;

(c) maintain an account in which shall be recorded all receipts into the Fund, all disbursements from the Fund and the reconciliation of the monthly accounts of the Fund;

(e) within two months after the end of the financial year, forward to the Accountant-General a copy of the balance sheet and statement of income and expenditure in respect of the previous year.

(2) The balance sheet and statement of income and expenditure of the Fund shall be included in the Annual Statement of Accounts submitted by the Accountant-General to the Auditor General in accordance with section 42 of the Act.

PUBLIC FINANCE MANAGEMENT (GOVERNMENT AUDIT COMMITTEE) REGULATIONS

(under section 52)

(22nd May, 2015)

ARRANGEMENT OF REGULATIONS

REGULATION

Part I
General

1. Citation

2. Interpretation

Part II
Establishment of Committee

3. Establishment of Committee

4. Powers and functions of Committee

5. Appointment, Composition and tenure of Committee members

6. Qualifications of members

7. Disqualification, suspension, removal and resignation of members

8. Vacation of office

9. Filling of vacancy

10. Remuneration and allowances

Part III
Reports to Minister and Audit Charter

11. Reports to Minister

12. Audit Charter

Part IV
Meetings and Proceedings of Committee

13. Election of Vice Chairperson

14. Meetings of Committee

15. Quorum and procedure at meetings

16. Co-opted members

17. Disclosure of interest

18. Confidentiality

Part V
Miscellaneous Provisions

19. Assessment of performance of Committee

S.I. 58, 2015.

Part I
General (reg 1-2)

1. Citation

These Regulations may be cited as the Public Finance Management (Government Audit Committee) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“Chairperson” means the Chairperson of the Committee;

“Charter” means the Audit Charter adopted by the Committee under regulation 4(e);

“Committee” means the Government Audit Committee; and

“member” means the member of the Committee.

Part II
Establishment of Committee (reg 3-10)

3. Establishment of Committee

(1) There is hereby established a Committee to be known as the Government Audit Committee.

(2) The Committee shall oversee the conduct of internal audit examinations and monitor all internal audit activities of Government carried out in terms of section 11 of the Act so as to ensure compliance with the generally accepted standards of internal auditing.

4. Powers and functions of Committee

The Committee shall—

(a) undertake an independent review and exercise oversight over Government financial and other reporting activities;

(b) cause organisations to continually review the internal controls, risk management and governance processes;

(d) require the attendance of any public officer, including accounting officers, at its meetings to provide such information or answer such questions as the Committee may require;

(e) adopt the Charter which shall include among other things, the composition and the powers and functions of the Committee;

(f) direct investigations on matters within its jurisdiction;

(g) obtain any other professional advice as considered necessary to discharge its powers and functions; and

(h) be directly responsible and accountable to the Minister for the exercise of its powers and functions.

5. Appointment, composition and tenure of Committee members

(1) The Committee shall consist of seven members appointed in accordance with section 12(2) of the Act.

(2) The members shall be appointed for a period not exceeding three years and may, subject to a review of their performance, be eligible for re-appointment for one further term.

(3) The Minister shall appoint the Chairperson from the seven members appointed in accordance with section 12(2) of the Act, and the Vice Chairperson shall be elected by the members from among their number.

6. Qualifications of members

The other applicable qualifications and relevant experience referred to under section 12(2) of the Act which shall be relevant when appointing the members of the committee shall be the following—

(a) information and communication technology;

(b) law;

(d) procurement and supply chain management; and

(e) transport and logistics.

7. Disqualification, suspension, removal and resignation of members

(1) A person shall not be appointed to be a member or continue to hold office 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 insolvent or bankrupt and has not been rehabilitated or discharged, or

(ii) made an assignment to, arrangement or composition with his or her creditors, which has not been rescinded or set aside; or

(b) has, within a period of ten years immediately preceding the date of his or her appointment, been convicted—

(i) of a criminal offence within Botswana, 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.

(2) The Minister may, in writing, suspend from office, a member against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment may be imposed, and whilst the member is suspended, he or she shall not carry out any duties or be entitled to any remuneration or allowances as a member.

(3) The Minister shall remove a member from office if he or she is satisfied that the member—

(a) is absent without reasonable cause from three consecutive meetings of the Committee of which he or she has had notice;

(b) is inefficient;

(c) has been found to be physically or mentally incapable of performing his or her duties efficiently and a medical doctor has issued a certificate to that effect;

(d) contravenes these Regulations or otherwise misconducts himself or herself to the detriment of the objectives of the Committee;

(e) has failed to comply with regulations 17 and 18; or

(f) has been convicted of an offence under the Act or any other Act for which he or she is sentenced to imprisonment for a term of six months or more without an option of a fine.

(4) A member may resign from office by giving 30 days notice in writing to the Minister.

8. Vacation of office

A member shall vacate his or her office and his or her office shall become vacant—

(a) if he or she is disqualified, suspended or removed, or resigns, in terms of regulation 7;

(b) if he or she is adjudged bankrupt or insolvent;

(d) upon his or her death;

(e) upon the expiry of such time as the Minister may specify in writing, notifying the member of the Committee of his or her removal from office by the Minister;

(f) upon the expiry of one month’s notice in writing to the Chairperson of his or her intention to resign from office;

(g) if he or she becomes physically or mentally incapable of performing his or her duties efficiently and a medical doctor has issued a certificate to that effect;

(h) if he or she is convicted of an offence under the Act or any other Act for which he or she is sentenced to imprisonment for a term of six months or more without an option of a fine; or

(i) if he or she is summarily dismissed by the Minister on the grounds of contravening these Regulations.

9. Filing of vacancy

(1) Where the office of a member becomes vacant before the expiry of the member’s term of office, the Minister shall appoint any other person who qualifies to be a member in place of the member who vacates office, until the expiry of a period during which such member would have otherwise continued in office.

(2) Subregulation (1) shall not apply where the remainder of the period for which the member whose office has been vacated would otherwise have held office is less than six months.

10. Remuneration and allowances

A member shall be paid such remuneration, travelling expenses and allowances, incurred in connection with his or her services on the Committee, if any, as the Minister may from time to time determine.

Part III
Reports to Minister and Audit Charter (reg 11-12)

11. Reports to Minister

The Chairperson shall, at least three times in every financial year, submit to the Minister, reports with regard to matters relating to the operations and activities of the Committee which, in the opinion of the Committee should be brought to the notice of the Minister.

12. Audit Charter

(1) The Charter shall be used for the purpose of guidance with respect to the requirements of these Regulations.

(2) The Committee shall ensure that the Charter is consistent with these Regulations at all times.

Part IV
Meetings and proceedings of Committee (reg 13-18)

13. Election of Vice Chairperson

(1) At the first meeting of the Committee, the members shall elect a Vice Chairperson from among their number.

(2) The Chairperson and the Vice Chairperson shall hold office for a period of not more than three years.

(3) On the expiry of the terms of office of the Chairperson or the Vice Chairperson, or where the Chairperson or the Vice Chairperson vacates office, a new Chairperson shall be appointed by the Minister and a new Vice Chairperson shall be elected by the members from among their number at the next meeting of the Committee or as soon as may be convenient.

(4) The Chairperson or the Vice Chairperson may vacate his or her office as such even though he or she remains a member.

(5) The Vice Chairperson shall exercise the functions of the Chairperson during the period that the Chairperson is absent or unable to act as Chairperson.

14. Meetings of Committee

(1) Subject to these Regulations, the Committee may regulate its own proceedings.

(2) The Committee shall hold its first meeting on such date and at such place as the Minister may fix and thereafter the Committee shall hold at least one ordinary meeting in each quarter of the year.

(3) Notwithstanding subregulation (2), the Committee may meet whenever it deems necessary or expedient to discharge its functions, and such meetings shall be held at such places and times as the Chairperson may determine.

(4) Upon giving notice, in writing, of not less than 14 days, a meeting of the Committee may be called by the Chairperson, but if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon the giving of a shorter notice.

(5) The notice referred to in subregulation (4) shall state—

(a) the place and time for the meeting; and

(b) the agenda for the meeting.

(6) There shall preside at any meeting of the Committee—

(a) the Chairperson;

(b) in the absence of the Chairperson, the Vice Chairperson; or

(c) in the absence of the Chairperson and the Vice Chairperson, such member as the members present may elect from among themselves for the purpose of that meeting.

(7) The Head of Internal Audit shall be the Secretary of the Committee and shall—

(a) cause to be recorded and kept, minutes of all proceedings of meetings of the Committee; and

(b) attend meetings of the Committee but shall have no right to vote.

(8) The Secretary of the Committee shall be accountable to the Committee for his or her functions and responsibilities, and shall report directly to the Chairperson.

15. Quorum and procedure at meetings

(1) The quorum at any meeting of the Committee shall be a simple majority of the members.

(2) Every member of the Committee shall have a voting right during proceedings of any meeting of the Committee.

(3) A decision of the Committee on any question shall be by the majority of the members present and voting at a meeting, and, in the event of an equality of votes, the member presiding shall have a casting vote in addition to that member’s deliberate vote.

(4) The proceedings of any meeting of the Committee shall not be considered invalid by reason of the fact that there exists a vacancy in its number.

16. Co-opted members

(1) The Committee may, in its discretion, invite any person whose presence it deems necessary to attend and participate in the deliberations of any meeting of the Committee, but such person shall have no vote.

(2) Regulations 17 and 18 shall, with the necessary modifications, apply to a co-opted member.

17. Disclosure of interest

(1) If a member is present at a meeting of the Committee at which any matter in which the member or immediate family member of the member is directly or indirectly interested in a private capacity is the subject of consideration, the member 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 touching on the matter.

(2) A disclosure of interest made under subregulation (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 subregulation (1) and a decision by the Committee is made benefitting such member or an immediate family member of the member, such decision shall be void to the extent that it benefits such member or immediate family member of the member.

(4) A member who fails to comply with subregulation (1) commits an offence and is liable to a fine not exceeding P2, 000 or for a term of imprisonment not exceeding six months, or to both.

18. Confidentiality

(1) A member of the Committee and any other person assisting the Committee shall observe and preserve the confidentiality of all matters coming before the Committee, and such confidentiality shall subsist even after the termination of their terms of office or their mandates.

(2) Any member or any person to whom confidential information is revealed through working with the Committee shall not disclose that information to any other person unless he or she is required to do so in terms of any written law or for purposes of any judicial proceedings.

(3) A member or any other person who contravenes this regulation commits an offence and is liable to a fine not exceeding P2, 000 or for a term of imprisonment not exceeding six months, or to both.

Part V
Miscellaneous Provisions (reg 19)

19. Assessment of performance of Committee

An assessment of the performance of the Committee shall—

(a) be initiated by the Chairperson of the Committee once in every two years;

(b) be conducted on a self-assessment basis unless the Minister otherwise determines; and

(c) in the case of an external assessment of the operations of the Committee, be sanctioned by the Committee with the approval of the Permanent Secretary in the Ministry of Finance and Development Planning.

DISSOLUTION OF TROPICAL FOREST CONSERVATION FUND ORDER

(under section 41(2))

(26th June, 2015)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Dissolution of Fund

S.I. 74, 2015.

1. Citation

This Order may be cited as the Dissolution of the Tropical Forest Conservation Fund Order.

2. Dissolution of Fund

The Tropical Forest Conservation Fund is hereby dissolved.

DISSOLUTION OF THE PENSION LIABILITY SERVICE FUND ORDER

(section 41(2))

(8th July, 2016)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation.

2. Dissolution of Fund.

S.I. 73, 2016.

1. Citation.

This Order may be cited as the Dissolution of the Pension Liability Service Fund Order.

2. Dissolution of Fund.

The Pension Liability Service Fund is hereby dissolved.

BOTSWANA INNOVATION FUND ORDER

(section 38)

(15th September, 2017)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Committee

7. Functions of the Committee

8. Receipts into Fund

9. Disbursements from Fund

10. Surplus in Fund

11. Investment of money

12. Accounts of Fund

13. Revocation of S.I. No. 34 of 2010

S.I. 93, 2017,
S.I. 70, 2018.

1. Citation

This Order may be cited as the Botswana Innovation Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for tertiary education, research, science and technology designated as such under paragraph 5(1);

“Botswana Innovation Hub” means the Government owned company established for the implementation of Government policy, the objective of which is to provide special incentives for investors in technology-driven and knowledge-intensive businesses;

“Committee” means the Committee of the Innovation Fund appointed by the Minister responsible for Tertiary Education, Research, Science and Technology under paragraph 6 to oversee the Innovation Fund; and “Fund” means the Botswana Innovation Fund established under paragraph 3.

3. Establishment of Fund

There is hereby established a special fund to be known as the Botswana Innovation Fund (hereinafter referred to as “the Fund”).

4. Purpose of Fund

The purpose of the Fund is to—

(a) promote innovation through technology, product and business development in the private sector by providing cash grants to—

(i) companies and organisations registered with the Botswana Innovation Hub, and

(ii) universities and research organisations inside or outside the Botswana Innovation Hub, to which companies and organisations registered with the Botswana Innovation Hub may sub-contract part of the research and development work; and

(b) encourage companies and organisations registered with the Botswana Innovation Hub to transfer skills to citizens by providing cash grants to be utilised for—

(i) institutionalised training, and

(ii) approved on-the-job training programs.

5. Administration of the Fund

(1) The Permanent Secretary responsible for tertiary education, research, science and technology is hereby appointed the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may, in writing, authorise any other public officer or any agency of Government to exercise or perform all or any of the powers or duties required of the Accounting Officer.

6. Committee

(1) The Minister responsible for tertiary education, research, science and technology shall appoint a Committee, consisting of four representatives of the public and private sector, to administer the Fund as directed by the Accounting Officer in accordance with this Order.

(2) The Deputy Permanent Secretary in the Ministry responsible for tertiary education, research, science and technology shall be the Chairperson of the Committee.

(3) A Deputy Chairperson shall be elected by the Committee from among their number.

7. Functions of the Committee

The Accounting Officer shall cause the Committee to—

(a) oversee the day-to-day administration and management of the Fund;

(b) keep and maintain proper books of accounts and records of the Fund; and

(c) maintain an account into which shall be recorded all receipts into the Fund, all disbursements from the Fund, and the reconciliation of the monthly accounts of the Fund.

8. Receipts into the Fund

There shall be paid into the Fund—

(a) such monies as may be appropriated from the National Assembly for purposes of the Fund;

(b) donations from persons and organisations as may be approved by the Minister; and

9. Disbursements from Fund

(1) There shall be paid from the Fund—

(a) such grants as the Accounting Officer may approve for—

(i) technology, product and business development, and

(ii) training costs not exceeding 50 per cent of approved training expenses, which shall be required to be utilised within five years of the registration of the company or organisation with the Botswana Innovation Hub; and

(b) expenses incurred in the management of the Fund and the evaluation of projects.

(2) The disbursement of grants—

(a) in the case of subparagraph (1)(a)(i), where such grants are to cover project activities over several years, shall be in instalments based on proper financial records and assessed performance and outcomes; or

(b) in the case of subparagraph (1)(a)(ii), shall be in the form of reimbursements based on proper financial records and training evidence and results.

10. Surplus in Fund

If the Fund shows a surplus at the end of the financial year, such surplus shall be carried forward into the following year.

11. Investment of money

Any money accruing to the Fund which is not required for immediate use shall be invested in Botswana in, accordance with the direction given by the Accountant-General and interest earned from such investments shall accrue to the Fund.

12. Accounts of Fund

The Accounting Officer shall—

(a) cause the Committee to conduct an annual financial audit of the accounts of the Fund in accordance with generally accepted international accounting standards;

(b) no later than two months after the close of each financial year, cause the accounts with respect to that year to be audited by the Auditor-General or an independent auditor appointed by the Auditor-General;

(c) within two months after the end of the financial year, forward to the Accountant-General, a copy of the balance sheet and statement of income and expenditure in respect of the previous year; and

(d) cause the balance sheet and statement of income and expenditure of the Fund to be included in the Annual Statement of Accounts submitted by the Accountant-General to the Auditor-General in accordance with section 42 of the Act.

13. Revocation of S.I. No. 34 of 2010

The Botswana Innovation Hub Fund Order, 2010, is hereby revoked.

PRESIDENT’S HOUSING APPEAL FUND ORDER

(section 38(1))

(8th February, 2019)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursement from Fund

9. Investment of Fund Surplus

10. Accounts of Fund

11. Transitional

S.I. 20, 2019.

1. Citation

This Order may be cited as the President’s Housing Appeal Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry for Presidential Affairs, Governance and Public Administration, designated as such under paragraph 5;

“Committee” means the National Committee on President’s Housing Appeal appointed under paragraph 6;

“destitute person” means an individual who, due to disability, chronic health condition or advanced age, is unable to engage in sustainable economic activities and possesses not more than four livestock units or earns an income of less than P120 per month without dependents or less than P150 per month with dependents; and

“Fund” means the President’s Housing Appeal Fund established under paragraph 3.

3. Establishment of Fund

There is hereby established a special fund to be known as the President’s Housing Appeal Fund (hereinafter referred to as “the Fund”).

4. Purpose of Fund

The purpose of the Fund is to provide for construction of basic housing for destitute persons and maintenance of dilapidated houses for destitute persons.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry for Presidential Affairs, Governance and Public Administration is hereby appointed the Accounting Officer and he or she shall be the Public Officer responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any public officer or any agency of Government to exercise or perform all or any of the duties required of the Accounting Officer.

6. Management of Fund

(1) The Minister responsible for Presidential Affairs, Governance and Public Administration shall appoint a National Committee on President’s Housing Appeal, consisting of the following—

(a) four representatives of Government, one of whom will be appointed a Chairperson by the Minister responsible for Presidential Affairs, Governance and Public Administration; and

(b) two representatives of the private sector,

to manage the Fund in accordance with the provisions of this Order.

(2) The Committee shall—

(a) be appointed for a period of three years, and shall be eligible for re-appointment for a further term, not exceeding three years; and

(b) determine its own procedures in line with the Public Finance Management Act.

(3) The Committee shall oversee the day-to-day management of the Fund.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may be appropriated by the National Assembly for the purpose of the Fund;

(b) such monies as may be received from persons and organisations as contributions; and

8. Disbursement from Fund

There shall be paid from the Fund—

(a) the cost of construction of housing and maintenance of dilapidated houses for destitute persons;

(b) such other costs, related to the construction of destitute housing, as the Accounting Officer may, in writing, approve:

Provided that, such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund;

9. Investment of Fund Surplus

(1) If the Fund is in surplus at the end of the financial year, such surplus shall remain as part of Fund balance and be carried forward to the next financial year.

(2) The moneys of the Fund not immediately required for the purpose of paragraph 8 may be invested on such terms as shall be consistent with the objectives of the Fund as the Accountant-General may direct.

10. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain, or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and a monthly reconciliation for the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to Accountant-General and Auditor-General, within a period of two months after the close of each financial year, a Statement of Income and Expenditure and a Balance Sheet of the Fund in respect of each financial year, containing such information in the manner that the Minister in consultation with the Accountant-General may direct.

11. Transitional

(1) All the monies which have accrued to the Presidential Housing Appeal, established administratively at the Office of the President shall upon the coming into operation of this Order, pass and accrue to the Fund and be dealt with in accordance with provisions of this Order.

(2) All the housing projects under the Presidential Housing Appeal, which before the coming into operation of this Order were pending shall continue as if made under this Order.

PUBLIC FINANCE MANAGEMENT (COVID-19 PANDEMIC (CORONA VIRUS) RELIEF FUND) ORDER

(section 38)

(25th March, 2020)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Accounts of Fund

S.I. 38, 2020.

1. Citation

This Order may be cited as the Public Finance Management (Covid-19 Pandemic (Corona Virus) Relief Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for finance appointed under paragraph 5;

“Committee” means a Management Committee appointed under paragraph 6; and

“Fund” means the COVID-19 Pandemic (Corona Virus) Relief Fund, established under paragraph 3.

3. Establishment of Fund

There is hereby established a special Fund, to be known as COVID-19 Pandemic (Corona Virus) Relief Fund, (hereinafter referred to as “the Fund”).

4. Purpose of Fund

The purpose of the Fund is to respond to the economic and social impact of the COVID-19 pandemic through provision of relief funding for the control, prevention and treatment of the disease and the after effect.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for finance (hereinafter referred to as “the Accounting Officer”) shall be the public officer responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the duties required of the Accounting Officer.

6. Management of Fund

(1) The Minister responsible for finance shall, after consultation with the Accounting Officer, appoint a Management Committee for the Fund.

(2) The Committee shall be responsible for—

(a) overseeing the administration and management of the Fund;

(b) advising the Accounting Officer on the matter related;

(d) review and approve audited financial statements of the Fund;

(e) make recommendations to the Accounting Officer responsible for finance on any changes or amendments in the Fund Order for subsequent approval by the Minister; and

(f) any other duties as may be approved by the Accounting Officer.

(3) The Committee appointed under subparagraph (1) shall consist of—

(a) the Secretary for Development and Budget from the Ministry responsible for finance and economic development, who shall be the Chairperson of the Committee;

(b) a representative from the Ministry responsible for finance and economic development, who shall provide secretariat services to the committee;

(d) a representative from Ministry responsible for international affairs co-operation;

(e) a representative from the Ministry responsible for local government and rural development;

(f) a representative from the Ministry responsible for investment, trade and industry;

(g) a representative from Ministry responsible for environment, natural resources, conservation and tourism;

(h) a representative from the Ministry responsible for agricultural development and food security; and

(i) a representative from the Ministry responsible for presidential affairs, governance and public administration.

(4) The members of the Committee shall be appointed for a period of the pandemic or a maximum of three years, whichever comes first.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may from time to time be appropriated by the National Assembly for the purposes of the Fund;

(b) grants or donations from any person or organisation as the Minister responsible for finance may approve; and

8. Disbursements from Fund

There shall be paid from the Fund monies required for—

(a) the procurement of national relief supplies;

(b) the security of major national resources;

(d) the national publicity outreach programs;

(e) the relief of selected industries or sectors;

(f) public counselling centers or facilities;

(g) additional staff to support health professionals; and

(h) economic stimulus package post COVID-19 Pandemic.

9. Surplus in Fund

(1) If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of Fund balance and be carried forward to the next financial year.

(2) Any monies accruing to the Fund which is not required for immediate use shall be invested in accordance with the objectives of the Fund as the Accounting-General may direct.

10. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister in consultation with Accountant-General may direct, within a period of two months after the close of each financial year.

PUBLIC FINANCE MANAGEMENT (SIR SERETSE KHAMA MEMORIAL FUND FOR PEOPLE WITH DISABILITIES) FUND ORDER

(under section 38)

(5th February, 2021)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 60 of 1981

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 60 of 1981

S.I. 6, 2021.

1. Citation

This Order may be cited as the Public Finance Management (Sir Seretse Khama Memorial Fund for People with Disabilities) Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for presidential affairs, governance and public administration appointed as such under paragraph 5;

“Board of Trustee” means a Board of Trustee appointed under paragraph 6;

“Fund” means the Public Finance Management (Sir Seretse Khama Memorial Fund for People with Disabilities) Fund continued under paragraph 3; and

“people with disabilities” includes people who have long-term physical, mental, intellectual and sensory impairments which in interaction with attitudinal, environmental and various barriers may hinder the full and effective participation in society on an equal basis with others.

3. Continuation of Fund established under S.I. No. 60 of 1981

The Sir Seretse Khama Memorial Fund for the Handicapped Fund established under the Sir Seretse Khama Memorial Fund for the Handicapped Order by section 38 (1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (Sir Seretse Khama Memorial Fund for People with Disabilities) Fund (hereinafter referred to as “the Fund”) and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to assist people with disabilities by providing for their needs.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for presidential affairs, governance and public administration shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the duties required of the Accounting Officer.

6. Management of Fund

(1) The Minister responsible for presidential affairs, governance and public administration shall, after consultation with the Accounting Officer, appoint a Board of Trustee for the Fund.

(2) The Board of Trustee shall be responsible for—

(a) determining the investment strategies;

(b) disbursement procedures of the Fund in accordance with the Act; and

(3) The Board of Trustee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary or a representative at Director level in the Ministry responsible for presidential affairs, governance and public administration, who shall be the Chairperson of the Board of Trustee;

(b) the Deputy Permanent Secretary or a representative at Director level from the Ministry responsible for health and wellness;

(d) a representative from Rehabilitation and Mental Health Division in the Ministry responsible for health and wellness;

(e) the Commissioner of Labour and Social Security or a representative at Director level from the Ministry responsible for employment labour and skills development;

(f) a representative from the Department of special support services in the Ministry responsible for basic education;

(g) the Director or a representative from Social Protection in the Ministry responsible for local government and rural development;

(h) the Director or a representative from Gender Affairs in the Ministry responsible for nationality, immigration and gender affairs; and

(i) the coordinating office responsible for people with disabilities shall serve as Secretariat.

(4) The members of the Board of Trustee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may from time to fame be appropriated by the National Assembly for the purposes of the Fund;

(b) grants and donations from persons and organisations as the Minister may approve; and

(c) monies accruing or realised from any investment made from monies in the Fund in accordance with paragraph (10) plus the interest accured in the Fund.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) expenses incurred in the provision of assistance to people with disabilities;

(b) such sums of money for the provision of facilities for people with disabilities; and

9. Surplus in Fund

If the Fund is in surplus at the end of the financial year, such surplus shall remain as part of Fund balance and shall be carried forward to the next financial year.

10. Investment of Fund monies

Any monies accruing to the Fund which is not required for immediate use shall be invested in Botswana in accordance with the objects of the Fund as the Accountant-General may direct and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

12. Revocation of S.I. No. 60 of 1981

The Sir Seretse Khama Memorial Fund for the Handicapped is hereby revoked.

PUBLIC FINANCE MANAGEMENT (GAMBLING LEVY) FUND ORDER

(section 38)

(8th April, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

S.I. 31, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Gambling Levy) Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for investment, trade and industry appointed as such under paragraph 5;

“Fund” means Gambling Levy Fund as established under paragraph 3;

“gambling levy” means a payment of percentage of gambling revenue for that month as set out under Schedule 15 of the Gambling Regulations (Cap. 19:03 (Sub. Leg.)); and

“Committee” means Management Committee appointed under paragraph 6.

3. Establishment of Fund

There is hereby established a Special Fund to be known as the Public Finance Management (Gambling Levy) Fund (hereinafter referred to as the “Fund”).

4. Purpose of Fund

The gambling levy collected in terms of paragraph 7 shall be used for the benefit of the gambling industry as per section 134(2) of the Gambling Act (Cap. 19:03).

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for investment, trade and industry shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties.

(3) The Accounting Officer may, in writing, authorise any other public officer or the Gambling Authority to exercise or perform all or any of the powers or duties required of the Accounting Officer under this Order.

6. Management of Fund

(1) The Minister responsible for investment, trade and industry shall, after consultation with the Accounting Officer, appoint a Management Committee to oversee the administration and management of the Fund.

(2) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary from the Ministry responsible for investment, trade and industry or his or her representative at Director level, who shall be the Chairperson of the Committee;

(b) three representatives from the public sector who hold the qualification or have experience that the Minister responsible for investment, trade and industry considers appropriate and relevant for carrying out the purposes of the Fund;

(d) three representatives from the private sector who hold the qualification or have experience that the Minister responsible for investment, trade and industry considers appropriate and relevant for carrying out the purposes of the Fund;

(e) a representative from the Ministry responsible for finance and economic development; and

(f) a psychologist or social worker from the public sector.

(3) The Gambling Authority shall provide secretarial services to the Committee.

(4) The Committee shall be appointed for a period of three years and be eligible for re-appointment for a further term not exceeding three years.

(5) The Committee shall be responsible for—

(a) the accounting of all levies received by the Gambling Authority in terms of the Gambling Act;

(b) the disbursement of the funds in accordance with the objectives of the Fund;

(c) monitoring projects or activities in order to ensure that the monies received from the Fund are utilised for the intended purpose;

(d) preparing and submitting annual budgets for approval to the Accounting Officer; and

(e) ensuring that any amendment to the annual budget or projects is authorised by the Accounting Officer before implementation.

7. Receipts into Fund

There shall be paid into the Fund—

(a) all levies as set out under Schedule 15 of the Gambling Regulations; and

(b) a percentage of revenue as may be prescribed under the Gambling Regulations from time to time.

8. Disbursements from Fund

There shall be paid from the Fund—

(d) such payment as may be required to carry out the purposes set out in paragraph 4;

(b) such amount as shall be required for the purpose of investment in accordance with paragraph 10; and

(c) such other sums as the Minister may, in writing, approve provided that such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of Fund balance and shall be carried forward into the following financial year.

10. Investment of Fund monies

Any monies held in the Fund which is not required for immediate use may be invested in accordance with the objects of the Fund as the Accountant-General may direct.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of ail financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to the Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister in consultation with the Accountant-General may direct, within a period of two months after the close of each financial year.

PUBLIC FINANCE MANAGEMENT (LEVY ON TECHNICAL DEVICES (COPYRIGHT AND NEIGHBOURING RIGHTS)) FUND ORDER

(section 38)

(8th April, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 94 of 2008

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 94 of 2008

S.I. 33, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Levy on Technical Devices (Copyright and Neighbouring Rights)) Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for investment, trade and industry, appointed as such under paragraph 5(1);

“agency of Government” means the Companies and Intellectual Property Authority established under the Copyright and Neighbouring Rights Act (Cap. 68:02);

“author” has the same meaning assigned to it under the Copyright and Neighbouring Rights Act;

“Committee” means a Management Committee appointed under paragraph 6; and

“Fund” means the Public Finance Management (Levy on Technical Devices (Copyright and Neighbouring Rights)) Fund continued under paragraph 3.

3. Continuation of Fund established under S.I. No. 94 of 2008

The Copyright and Neighbouring Rights (Levy on Technical Devices) Fund established under the Copyright and Neighbouring Rights (Levy on Technical Devices) Fund Order by section 35G of the Copyright and Neighbouring Rights Act, is hereby continued under a Special Fund known as the Public Finance Management (Levy on Technical Devices (Copyright and Neighbouring Rights)) Fund and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to promote the development of authors, publishers of works and the copyright industry.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for investment, trade and industry shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer or agency of Government to exercise or perform all or any of the powers or duties required of the Accounting Officer under this Order.

6. Management of Fund

(1) The Minister responsible for investment, trade and industry shall, after consultation with the Accounting Officer, appoint a Management Committee to oversee the management of the Fund.

(2) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary in the Ministry responsible for investment, trade and industry who shall be the Chairperson of the Committee;

(b) a representative from the Ministry responsible for finance and economic development;

(d) eight members from the private sector who hold the qualification from the creative industry or have experience that the Accounting Officer considers appropriate and relevant for the carrying out of the purposes of the Fund.

(3) The Companies and Intellectual Property Authority shall provide secretarial services to the Committee.

(4) The members of the Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

(5) The quorum at any meeting of the Committee shall be the majority of the members.

(6) The Committee shall be responsible for—

(a) developing and adopting guidelines to be utilised in awarding of grants from the Fund in accordance with the Fund objectives and submit the guidelines to the Accounting Officer for approval;

(b) approving project proposals to be awarded grants from the Fund;

(d) performing any other functions that the Accounting Officer may assign;

(e) determining the disbursement procedures and investment strategy of the Fund in accordance with the Act;

(f) making recommendations to the Accounting Officer on any changes or amendments in the Fund Order for subsequent approval by the Minister; and

(g) advising the Accounting Officer on the performance of the Fund.

7. Receipts into Fund

There shall be paid into the Fund the levy charged on all imported and locally manufactured blank sound and audio visual carriers, compact discs and equipment capable of being used to copy protected materials in terms of section 35G(1) of the Copyright and Neighbouring Rights Act.

8. Disbursements from Fund

There shall be paid from the Fund such sums of money for—

(a) the promotion of the creative industry;

(b) the award of grants to finance approved projects for the copyright industry;

(d) any other matter affecting the administration of the Fund as approved by the Accounting Officer provided that such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and carried forward into the following financial year.

10. Investment of Fund monies

Any monies held in the Fund which is not required for immediate use may be invested in accordance with the objects of the Fund as the Accountant-General may direct and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

12. Revocation of S.I. No. 94 of 2008

The Copyright and Neighbouring Rights (Levy on Technical Devices) Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (LIVESTOCK ADVISORY SERVICES) FUND ORDER

(section 38)

(8th April, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 45 of 2011

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 45 of 2011

S.I. 34, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Livestock Advisory Services) Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for agricultural development and food security appointed as such under paragraph 5(1);

“Committee” means a Committee appointed under paragraph 6(1); and

“Fund” means the Public Finance Management (Livestock Advisory Services) Fund constituted under paragraph 3.

3. Continuation of Fund established under S.I. No. 45 of 2011

The Livestock Advisory Services Fund established under the Livestock Advisory Services Fund Order by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (Livestock Advisory Services) Fund and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to—

(a) improve the livestock productivity and sustainability;

(b) provide for a revolving facility from which the Livestock Advisory Centre requisites may be purchased; and

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for agricultural development and food security shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of his or her powers or duties under this Order.

6. Management of Fund

(1) The Minister responsible for agricultural development and food security shall, after consultation with the Accounting Officer, appoint a Management Committee.

(2) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary in the Ministry responsible for agricultural development and food security who shall be the Chairperson of the Committee;

(b) the Director of Veterinary Services;

(d) a representative from the Ministry responsible for finance and economic development;

(e) three representatives from the private and public sector as the Minister responsible for agricultural development and food security considers appropriate; and

(f) a representative from the Department responsible for veterinary services who shall provide secretarial services to the Committee.

(3) The Committee shall be responsible for—

(a) overseeing the management of the Fund; and

(b) advising the Accounting Officer on matters related to the Fund.

(4) The Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) monies accrued or realised from the sale of stock by the Livestock Advisory Centre;

(b) such monies as may from time to time be appropriated by the National Assembly for the purposes of the Fund;

(d) interest accrued or realised from investment of monies in the Fund in accordance with paragraph 10.

8. Disbursements from Fund

There shall be paid from the Fund—

(d) such other sums of money as may be required for procuring requisites for the Livestock Advisory Centre;

(b) expenses incurred in the management of the Fund;

(d) such other sums of money as the Accounting Officer may, in writing, approve provided that such disbursement qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of the financial year, such surplus shall remain as part of the Fund balance and shall be carried forward into the following financial year.

10. Investment of Fund monies

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

12. Revocation of S.I. No. 45 of 2011

The Livestock Advisory Services Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (CONFISCATED ASSETS TRUST) FUND ORDER

(section 38)

(27th May, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 158 of 2018

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 158 of 2018

S.I. 158, 2018,
S.I. 53, 2022,
S.I.13, 2023.

1. Citation

This Order may be cited as the Public Finance Management (Confiscated Assets Trust) Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Receiver appointed as such under paragraph 5;

“Committee” means a Management Committee continued under paragraph 6;

“Fund” means the Public Finance Management (Confiscated Assets Trust) Fund continued under paragraph 3; and

“Receiver” means a person appointed as a Receiver under section 46 of the Proceeds and Instruments of Crime Act (Cap. 08:03).

3. Continuation of Fund established under S.I. No. 158 of 2018

The Confiscated Assets Trust Fund established under the Confiscated Assets Trust Fund Order by section 68 of the Proceeds and Instruments of Crime Act is hereby continued under a Special Fund known as the Public Finance Management (Confiscated Assets Trust) Fund and shall continue to exist as if established by this Order.

4. Purpose of Fund

(1) The purpose of the Fund is to receive, deposit and administer monies in its real or virtual form collected as proceeds and instruments of crime.

(2) Without prejudice to the generality of subparagraph (1), the Fund may provide for—

(a) compensation and rehabilitation of victims of crime; and

(b) capacity building and training programmes for law enforcement agencies involved in the fight against crimes such as money laundering, racketeering and terrorism financing.

5. Administration of Fund

(1) The Receiver shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of his or her powers or duties under this Order.

6. Management of Fund

(1) The Confiscated Assets Trust Fund Implementation Committee established under the Confiscated Assets Trust Fund Order is hereby continued as the Management Committee and shall continue as if established under this Order.

(2) The Committee shall be appointed by the Minister responsible for Justice in consultation with the Accounting Officer and shall consist of—

(a) the Deputy Permanent Secretary, Judicial and Legal Services who shall be the Chairperson of the Committee;

(b) the Deputy Receiver;

(d) a representative at Deputy Director level from the Attorney General’s Chambers;

(e) a representative at Deputy Director level from the Financial Intelligence Agency;

(f) a representative at Deputy Director level from the Ministry responsible for finance; and

(g) a representative at Deputy Director level from the Office of the Receiver who shall provide secretarial services to the Committee.

(3) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) advising the Accounting Officer with respect to the Fund;

(c) making recommendations to the Minister responsible for Justice on any changes or amendments in the Fund for subsequent approval by the Minister; and

(d) reviewing the financial statements of the Fund for subsequent submission to the Accountant-General for incorporation in the Annual Statement of Accounts.

(4) The members of the Committee shall be appointed for a period not exceeding three years, and shall be eligible for re-appointment for a further term, not exceeding three years.

(5) The meetings of the Committee shall be called by the Chairperson who shall preside at any meeting of the Committee.

(6) The quorum at any meeting of the Committee shall be a simple majority of the members.

(7) Subject to the provisions of this Order, the Committee may determine and regulate its own proceedings in accordance with the Act.

7. Receipts into Fund

There shall be paid into the Fund such monies as may from time to time—

(a) accrue to the Fund as proceeds from crime arising from forfeiture or confiscation;

(b) accrue or be realised as interest from monies in the Fund; and

(c) such profits derived or investments and sales made by the Receiver in relation to property confiscated under the Proceeds and Instruments of Crime Act.

8. Disbursements from Fund

There shall be paid out of the Fund—

(a) the value of seized property at the time of seizure or such other amount as the court may determine where the property concerned is not proceeds or instruments of crime;

(b) costs incurred for carrying out the purpose set out in paragraph 4; and

Provided that such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and carried forward into the following financial year.

10. Investment of Fund monies

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

12. Revocation of S.I. No 158 of 2018

The Confiscated Assets Trust Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (LOCAL AUTHORITIES SELF INSURANCE FUND) ORDER

(section 38(1))

(9th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 55 of 1991

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 55 of 1991

S.I. 55, 1991,
S.I. 106, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Local Authorities Self Insurance Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for local government appointed as such under paragraph 5(1);

“Committee” means the Management Committee established under paragraph 6(1);

“Fund” means the Local Authorities Self Insurance Fund continued under paragraph 3; and

“local authority” means a city council, a township authority, a district council, a subdistrict council or an administrative authority.

3. Continuation of Fund established under S.I. No. 55 of 1991

The Local Authorities Self Insurance Fund established by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (Local Authorities Self Insurance Fund) Order and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to provide for a scheme of appropriate insurance cover for a local authority in Botswana including an element of self insurance.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for local government shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, appoint any person registered as an insurer or a broker in terms of the Insurance Industry Act (Cap. 46.01) to exercise or perform the duties and functions required to be exercised or performed by the insurer or a broker under this Order.

6. Management of Fund

(1) The Minister responsible for local government shall after consultation with the Accounting Officer establish a Management Committee for the Fund.

(2) The Committee shall be responsible for determining the investment strategies and disbursement procedures of the Fund in accordance with the Act.

(3) Without derogating from the generality of subparagraph (2), the Committee shall—

(a) review and approve expenditure requirements and audited financial statements of the Fund; and

(b) make recommendations to the Minister responsible for local government on any amendments to the Order for subsequent approval by the Minister.

(4) The Committee shall consist of—

(a) the Deputy Permanent Secretary in the Ministry responsible for local government, who shall be the Chairperson of the Committee;

(b) a representative at Council Secretary or a Town Clerk level from a local authority, who shall be a Vice Chairperson;

(d) two representatives at Director level, one from the private sector and one from the public sector holding the qualification and experience that the Accounting Officer considers appropriate and relevant for the carrying out of the purposes of the Fund.

(5) The Department responsible for Finance and Procurement Services shall provide secretarial services to the Committee.

(6) A member of the Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such money as may from time to time be appropriated by the National Assembly;

(b) the proceeds from salvage arising from claims;

(d) recovery from third party claims for motor vehicles or property belonging to a local authority.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) premiums for commercial insurance of catastrophic risk;

(b) the claims made under the self insurance scheme; and

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of Fund balance and shall be carried forward to the next financial year.

10. Investment of Fund monies

Any money accruing to the Fund which is not required for immediate use shall be invested in Botswana in accordance with the purpose of the Fund as the Accountant-General may direct and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain, or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to the Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister, in consultation with the Accountant-General may direct, within a period of two months after the close of each financial year.

12. Revocation of S.I. No. 55 of 1991

The Local Authorities Self Insurance Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (LAND BOARDS SELF INSURANCE FUND) ORDER

(section 38)

(9th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

S.I. 107, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Land Boards Self Insurance Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for lands appointed as such under paragraph 5(1);

“Committee” means the Management Committee established under paragraph 6(1);

“Fund” means the Land Boards Self Insurance Fund established under paragraph 3; and

“Land Board” means a land board established under section 3 of Tribal Land Act (Cap. 32:02) and “the land board” in relation to any area of land means the land board for the area in which that area is situated.

3. Establishment of Fund

There is hereby established a Special Fund to be known as the Public Finance Management (Land Boards Self Insurance) Fund (hereinafter referred to as the “Fund”).

4. Purpose of Fund

The purpose of the Fund is to provide for a scheme of appropriate insurance cover for the assets and the liabilities of any land board including an element of self insurance.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for lands shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, appoint any person registered as an insurer or a broker in terms of the Insurance Industry Act (Cap. 46:01) to exercise or perform all or any of the duties required to be exercised or be performed by the insurer or a broker under this Order.

6. Management of Fund

(1) The Minister responsible for lands shall after consultation with the Accounting Officer, establish a Management Committee for the Fund.

(2) The Committee shall be responsible for determining the investment strategies and disbursement procedures of the Fund in accordance with the Act.

(3) Without derogating from the generality of subparagraph (2), the Committee shall—

(a) review and approve expenditure requirements and audited financial statements of the Fund; and

(b) make recommendations to the Minister responsible for lands on any amendments to the Fund for subsequent approval by the Minister.

(4) The Committee shall consist of—

(a) the Deputy Permanent Secretary in the Ministry responsible for lands who shall be the Chairperson of the Committee;

(b) a representative at Director level from Business Botswana;

(d) a representative at Director level of a Division responsible for finance from the Land Boards within the Ministry responsible for lands; and

(e) two representatives at Director level from the Land Boards.

(5) The Finance Division in the Ministry responsible for lands shall provide secretarial services to the Committee.

(6) A member of the Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may from time to time be appropriated by the National Assembly for the purposes of the Fund;

(b) the proceeds from salvage arising from claims;

(d) the third party recoveries due to the Fund, for damages caused to motor vehicles or property belonging to the land boards.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) premiums for commercial insurance of catastrophic risk;

(b) the claims made under the self insurance scheme; and

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and shall be carried forward to the next financial year.

10. Investment of Fund monies

Any money accruing to the Fund which is not monies required for immediate use shall be invested in Botswana in accordance with the purpose of the Fund as the Accountant-General may direct and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

PUBLIC FINANCE MANAGEMENT (AGRICULTURAL CREDIT GUARANTEE SCHEME FUND) ORDER

(section 38)

(29th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 74 of 1987

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursement from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 74 of 1987

S.I. 74, 1987,
S.I. 117, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Agricultural Credit Guarantee Scheme Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for finance appointed as such under paragraph 5;

“arable farming” refers to crop production;

“Committee” means a Management Committee appointed under paragraph 6;

“Fund” means the Public Finance Management (Agricultural Credit Guarantee Scheme Fund), continued under paragraph 3;

“large scale farming” means farming or ploughing more than 150 hectares with employees of about 100 or above with the farm making an annual income turnover of more than P 8 000 000;

“levy” means the annual premiums that are imposed on the Scheme as per the Agricultural Credit Guarantee Scheme Guidelines;

“medium scale farming” means farming or ploughing with employees of between 26 and 99 with the farm making an annual income turnover of between P 1 500 001 and P 8 000 000; and

“small scale farming” means farming or ploughing with employees between 6 and 25 with the farm making an annual income turnover of between P 60 000 and P 1 500 000.

3. Continuation of Fund established under S.I. No. 74 of 1987

The Agricultural Credit Guarantee Scheme Fund established under the Agricultural Credit Guarantee Scheme Fund Order by section 38(1) of the Act, is hereby continued under the Special Fund known as the Public Finance Management (Agricultural Credit Guarantee Scheme) Fund and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to provide financial assistance to small, medium and large scale farmers of arable rain fed farms in any part of the country that has been declared by the Government to be an area stricken by drought, floods, hailstorm or frost by guaranteeing, for a fee to be paid by both parties, all or part of the seasonal agricultural input loans obtained by the said farmers from any bank.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for finance shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise all such powers and perform all such duties as may be required to be exercised or performed for the proper discharge of his or her functions.

(3) The Accounting Officer may, in writing authorise any other public officer to exercise or perform all or any of the powers or duties required of him or her under this Order.

6. Management of Fund

(1) The Minister shall, after consultation with the Accounting Officer appoint a Management Committee for the Fund.

(2) The Committee appointed under subparagraph (1) shall consist of—

(a) the Secretary of Economic and Financial Policy, who shall be the Chairperson of the Committee;

(b) a representative from the Ministry responsible for finance under the section responsible for insurance and pension;

(d) a representative from the Department responsible for Meteorological Services;

(e) a representative from the Citizen Entrepreneurial Development Agency;

(f) a representative from the National Development Bank;

(g) a representative from the Ministry responsible for Agriculture;

(h) a representative of any Farmer’s Association; and

(i) a representative from the Office of the Accountant-General.

(3) The section responsible for finance and banking shall provide secretarial services to the Committee.

(4) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) advising the Accounting Officer with respect to the performance of the Fund; and

(5) The members of the Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may from time to time be appropriated by the National Assembly for the purposes of the Fund; and

(b) such monies as may be levied as a fee on the borrower and the lending bank against the guarantee given the Fund.

8. Disbursement from Fund

There shall be paid from the Fund, claims arising from the participating financial institutions following the declaration of drought, floods, hailstorm or frost, by the Government in accordance with the objectives of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of Fund balance and be carried forward to the following financial year.

10. Investment of Fund monies

Any monies accruing in the Fund which is not required for immediate use may be invested in accordance with the objectives of the Fund as the Accountant-General may direct and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain, or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and monthly reconciliation of the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to the Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister, in consultation with the Accountant-General may direct, within a period of two months after the close of each financial year.

12. Revocation of S.I. No. 74 of 1987

The Agricultural Credit Guarantee Scheme Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (GUARANTEED LOANS INSURANCE FUND) ORDER

(section 38)

(29th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 43 of 1988

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 43 of 1988

S.I. 43, 1988,
S.I. 118, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Guaranteed Loans Insurance Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for finance appointed under paragraph 5;

“Committee” means a Management Committee appointed under paragraph 6; and

“Fund” means the Public Finance Management (Guaranteed Loans Insurance Fund), continued under paragraph 3.

3. Continuation of Fund established under S.I. No. 43 of 1988

The Guaranteed Loans Insurance Fund established under the Guaranteed Loans Insurance Fund Order by section 38(1) of the Act, is hereby continued under a Special Fund known as Public Finance Management (Guaranteed Loans Insurance Fund) and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to—

(a) insure motor vehicles and private dwellings, purchased with financing banks, guaranteed by the Government in respect of its employees;

(b) insure, at the sole discretion of the Fund Administrator, motor vehicles and private dwellings, which are the property of employees of the Government on which there is no guarantee;

(d) establish as wide a basis of insurance cover as is required to provide counter guarantees on loans guaranteed; and

(e) provide insurance cover as economical as possible, commensurate with the objectives of the Fund.

5. Administration of Fund

(1) The Permanent Secretary in the ministry responsible for finance (hereinafter referred to as “the Accounting Officer”) shall be a public officer responsible for the administration of the Fund.

(2) The Accounting Officer may, with the written approval of the Minister appoint a person registered as an insurer or a broker in terms of the Insurance Industry Act (Cap. 46:01) to undertake the day-to-day activities of the Fund.

(3) The Accounting Officer may exercise all such powers and perform all such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

6. Management of Fund

(1) The Minister shall, after consultation with the Accounting Officer, appoint a Management Committee for the Fund.

(2) The Committee shall be responsible for—

(a) determining the disbursement procedures and investment strategy of the Fund, in accordance with the Act;

(b) making recommendations to the Accounting Officer on any amendments in the Fund Order, for subsequent approval by the Minister;

(c) reviewing and approving audited financial statements of the Fund for submission and incorporation in the annual statement of accounts; and

(d) monitoring the contract agreement to ensure compliance and implementation; and

(e) any other duties as may be approved by the Accounting Officer.

(3) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Secretary from the division responsible for finance administration or a representative at Director level, who shall be the Chairperson of the Committee;

(b) a Director from the division responsible for finance administration, compliance and reconciliation;

(d) the Chief Executive Officer responsible for the Fund management and administration appointed under paragraph 5 shall be appointed for a period not exceeding the contract;

(e) a senior officer nominated by the Fund administrator; and

(f) the finance administration division in the Ministry responsible for finance shall provide Secretariat services to the Committee.

(4) The members of the Committee shall be appointed for a period of three years, and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) all monies received in respect of premiums received from insured employees of the Government; and

(b) interest as may accrue from the investment of monies of the Fund.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) costs of claim settlements commensurate with the provisions of the insurance cover provided by the Fund;

(b) costs of administration of the Fund; or

(c) such other sums, as the Accounting Officer may, in writing approve, provided that such disbursement qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of Fund balance and be carried forward to the next financial year.

10. Investment of Fund monies

Any monies accrued to the Fund which are not required for immediate use shall be invested in accordance with the objectives of the Fund as the Accounting-General may direct and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

12. Revocation of S.I. No. 43 of 1988

The Guaranteed Loans Insurance Fund is hereby revoked.

PUBLIC FINANCE MANAGEMENT (NATIONAL ELECTRIFICATION FUND) ORDER

(section 38)

(29th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 27 of 2010

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 27 of 2010

S.I. 27, 2010,
S.I. 119, 2022.

1. Citation

This Order may be cited as the Public Finance Management (National Electrification Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for energy appointed as such under paragraph 5;

“agency of Government” means the Corporation;

“Committee” means a Management Committee continued under paragraph 6;

“Corporation” means the Botswana Power Corporation established under section 3 of the Botswana Power Corporation Act (Cap. 74:01);

“Department” means the Department responsible for energy in the Ministry responsible for energy;

“Fund” means the Public Finance Management (National Electrification Fund) continued under paragraph 3;

“levy” means the national electrification levy charged under the Control of Goods (National Electrification (Levy)) Regulations (Cap. 43:08 (Sub. Leg.));

“local authority” has the same meaning assigned to the term in the Local Government Act (Cap. 40:01);

“National Electricity Standard Connection Cost” means a uniform electricity connection cost price value as may be determined by the Minister responsible for energy; and

“subsidy” means the amount necessary to finance the difference between the actual market household electricity connection cost and the National Electricity Standard Connection Cost.

3. Continuation of Fund established under S.I. No. 27 of 2010

The National Electrification Fund established under the National Electrification Fund Order by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (National Electrification Fund) and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to—

(a) finance the cost of the subsidy required to enable household connection to the electricity grid owned by the Corporation; and

(b) be a source for development Funds for future electrification projects.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for energy shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise all such powers and perform all such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer or any agency of Government to exercise or perform all or any of the powers and duties required by the Accounting Officer.

(4) Without derogating from the generality of the functions and powers of the Accounting Officer as provided in this paragraph, the Accounting Officer shall cause the Department to be responsible for the day to day administration of the Fund.

6. Management of Fund

(1) The National Electrification Fund Committee established under the National Electrification Fund Order is hereby continued as the Management Committee and shall continue as if established under this Order.

(2) The Committee shall be appointed by the Minister responsible for energy in consultation with the Accounting Officer and shall consist of—

(a) the Deputy Permanent Secretary from the Ministry responsible for energy who shall be the Chairperson of the Committee;

(b) a representative from the Department;

(d) three other members as the Minister for energy may find appropriate.

(3) Without derogating from the generality of subparagraph (1), the functions of the Committee shall include to—

(a) conduct periodic reviews of the market cost for households to connect to the Corporation electricity grid;

(b) make recommendations to the Minister responsible for energy on the value of adjustments to be made to the—

(i) levy to be collected by the Corporation, and

(ii) National Electricity Standard Connection Cost;

(d) monitor and review the sustainability of the Fund;

(e) address grievances from beneficiaries; and

(f) do all such other functions, as shall be necessary to meet the objectives of the Fund, as may be approved by the Accounting Officer.

(4) The members of the Committee shall be appointed for a period not exceeding three years, and shall be eligible for re-appointment for a further term, not exceeding three years.

(5) The Committee shall determine its own procedure in accordance with the Act.

7. Receipts into Fund

There shall be paid into the Fund—

(a) all monies received in respect of the levy charged under the Control of Goods (National Electrification (Levy)) Regulations;

(b) such interest as may accrue from the investment of monies of the Fund as provided under paragraph 10;

(d) donations from persons and organisations as the Minister may approve.

8. Disbursements from Fund

There shall be paid from the Fund, the—

(a) subsidy applicable for connections of electricity by households;

(b) costs for capital expenditure for electricity projects; and

(i) administrative management of the Fund, and

(ii) audit expenses of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of the financial year, such surplus shall remain as part of the Fund balance and shall be carried forward into the following financial year.

10. Investment of Fund monies

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

12. Revocation of S.I. No. 27 of 2010

The National Electrification Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (NATIONAL PETROLEUM FUND) ORDER

(section 38(1))

(29th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 44 of 1992

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 44 of 1992

S.I. 44, 1992,
S.I. 61, 2001,
S.I. 3, 2002,
S.I. 96, 2010,
S.I. 121, 2022,
S.I. 136, 2022,
S.I. 101, 2023.

1. Citation

This Order may be cited as the Public Finance Management (National Petroleum Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for minerals appointed as such under paragraph 5(1);

“Committee” means the Management Committee established under paragraph 6(1); and

“Fund” means the National Petroleum Fund continued under paragraph 3.

3. Continuation of Fund established under S.I. No. 44 of 1992

The National Petroleum Fund established by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (National Petroleum Fund) Order and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to—

(a) meet the engineering, construction and operational costs of the strategic storage facilities for Government fuel;

(b) purchase petroleum products for the Government’s strategic oil stocks;

(d) meet insurance premiums in respect of the insurance of Government’s strategic oil installations and oil stocks.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for minerals shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform the duties and functions required of the Accounting Officer under this Order.

6. Management of Fund

(1) The Minister responsible for minerals shall after consultation with the Accounting Officer establish the Management Committee for the Fund.

(2) The Committee shall be responsible for determining the investment strategies and disbursement procedures of the Fund in accordance with the Act.

(3) Without derogating from the generality of subparagraph (2), the Committee shall—

(a) review and approve expenditure requirements and audited financial statements of the Fund;

(b) monitor, on a quarterly basis, the detailed reports on revenue collection and compliance in terms of the collection of levies from all parties obliged to pay;

(d) monitor the progress of all projects made under the Fund and the risk associated with such projects;

(e) provide an overall guidance in the management of the Fund; and

(f) make recommendations to the Minister responsible for minerals on any amendments to this Order for subsequent approval by the Minister.

(4) The Committee shall consist of—

(a) the Deputy Permanent Secretary in the Ministry responsible for minerals who shall be the Chairperson of the Committee;

(b) a representative from the Department responsible for energy at a Director level who shall be a Vice Chairperson;

(d) the Finance Manager from the Ministry responsible for minerals; and

(e) a representative from the Ministry responsible for trade.

(5) The Department responsible for energy shall provide secretarial services to the Committee.

(6) The members of the Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

(7) The quorum at any meeting of the Committee shall be two-thirds of the Committee members.

7. Receipts into Fund

There shall be paid into the Fund—

(a) the money received in respect of levies charged under the Control of Goods (Petroleum Products) (Levy) Regulations (Cap. 43:08 (Sub. Leg.));

(b) such money as may from time to time be appropriated by the National Assembly; and

8. Disbursements from Fund

There shall be paid from the Fund—

(a) such payment as may be required to carry out the purposes set out in paragraph 4;

(b) such sums of monies to the oil industry as compensation for the price differentials incurred when using other alternative routes;

(d) such other sums as the Minister may, in writing, approve that such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and shall be carried forward to the next financial year.

10. Investment of Fund monies

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain, or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to the Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister, in consultation with the Accountant-General may direct, within a period of two months after the close of each financial year.

12. Revocation of S.I. No. 44 of 1992

The National Petroleum Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (LEVY ON ALCOHOLIC BEVERAGES FUND) ORDER

(section 38)

(29th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 90 of 2008

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 90 of 2008

S.I. 90, 2008,
S.I. 102, 2009,
S.I. 68, 2010,
S.I. 92, 2017,
S.I. 156, 2018,
S.I. 122, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Levy on Alcoholic Beverages Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for health;

“Committee” means Management Committee appointed under paragraph 6;

“Department” means the Department responsible for health management services in the Ministry responsible for health;

“Fund” means the Public Finance Management (Levy on Alcoholic Beverages Fund) continued under paragraph 3; and

“Revenue Service” has the same meaning assigned to the term under the Botswana Unified Revenue Service Act (Cap. 53:03).

3. Continuation of Fund established under S.I. No. 90 of 2008

The Levy on Alcoholic Beverages Fund established under the Levy on Alcoholic Beverages Fund Order by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (Levy on Alcoholic Beverages Fund) and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to promote projects and activities designed to combat alcohol abuse and minimise the effects of alcohol abuse by means of—

(a) public and school education campaigns on the harm of alcohol abuse;

(b) advocating alcohol free youth activities;

(d) monitoring and limiting the role of advertising of alcohol in sports activities;

(e) reviewing and advertising on the practices relating to the sale of alcohol;

(f) complementing law enforcement measures on curbing drunken driving; and

(g) such other activities aiming at curbing alcohol abuse or minimising its effects as the Accounting Officer may, by notice, approve.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for health shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as maybe required for the proper discharge of his or her duties under this Order.

(3) The Accounting Officer may, in writing authorise any other public officer to exercise or perform all or any of the duties required of him or her under this Order.

6. Management of Fund

(1) The Minister responsible for health shall, after consultation with the Accounting Officer, appoint a Management Committee for the Fund.

(2) The Committee shall be responsible for—

(a) overseeing the administration and management of the Fund;

(b) advising the Accounting Officer with respect to the Fund; and

(c) determining the disbursement procedures and investment strategy of the Fund in accordance with the Government financial policies and procedures.

(3) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary or a representative at Director level from the Ministry responsible for health or his or her representative, who shall be the Chairperson of the Committee;

(b) a representative at Director level from the Ministry responsible for youth, gender, sport and culture;

(d) six other members from the private and public sectors who hold the qualifications or have experience that the Accounting Officer considers appropriate and relevant for the carrying out of the purposes of the Fund.

(4) The members of the Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

(5) The Alcohol and Substance Abuse Division within the Ministry responsible for health shall provide secretarial services to the Committee.

7. Receipts into Fund

(1) The Revenue Service shall collect the levy charged on alcoholic beverages and credit the levy collected to the Fund.

(2) The levy shall be collected at the point of manufacture for locally produced alcoholic beverages and at the point of import for imported liquor respectively.

(3) The levy shall be calculated and be set at a rate provided under the provisions of the Control of Goods (Intoxicating Liquor (Levy)) Regulations (Cap 43:08 (Sub. Leg.)).

(4) The Revenue Service shall remit to the Fund the levy collected on a quarterly basis or at such times as may otherwise be agreed upon between the Revenue Service and the Accounting Officer.

(5) The Revenue Service shall, for the purpose of ensuring compliance with this Order, conduct an inspection of books of any person required to pay the levy on alcoholic beverages.

8. Disbursements from Fund

There shall be paid from the Fund, monies required for—

(a) costs for the funding of projects set out in the annual budget prepared by the Committee; and

(b) administration costs relating to—

(i) the agency fees charged by the Revenue Service at a rate to be agreed upon by the Accounting Officer and the Revenue Service,

(ii) the management of the Fund, and

(iii) other matters affecting the administration of the Fund as approved by the Accounting Officer.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of Fund balance and be carried forward into the following financial year.

10. Investment of Fund monies

(1) Any monies accruing to the Fund which is not required for immediate use shall be invested in accordance with the objects of the Fund as the Accountant-General may direct.

(2) Income earned from an investment made in accordance with subparagraph (1) shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

12. Revocation of S.I. No. 90 of 2008

The Levy on Alcoholic Beverages Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (DEFENCE FORCE REWARDS AND FINES FUND) ORDER

(section 38)

(29th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under section 346 of the Botswana Defence Force Act

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

S.I. 128, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Defence Force Rewards and Fines Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Commander appointed as such under paragraph 5;

“Commander” has the same meaning assigned to the term under the Botswana Defence Force Act (Cap. 21:05);

“Committee” means Management Committee appointed under paragraph 6;

“Defence Force” has the same meaning assigned to the term under the Botswana Defence Force Act;

“fines” means fines imposed under the Botswana Defence Force Act for any offence against discipline;

“Fund” means the Public Finance Management (Defence Force Rewards and Fines Fund) continued under paragraph 3; and

“special services” means any other service which is not under the mandate of the Defence Force.

3. Continuation of Fund established under section 346 of the Botswana Defence Force Act

The Defence Force Rewards and Fines Fund established under section 346 of the Botswana Defence Force Act, is hereby continued under a Special Fund known as the Public Finance Management (Defence Force Rewards and Fines Fund) and shall continue to exist as if established by this Order.

4. Purpose of Fund

The monies collected under paragraph 7 shall be used—

(a) for the benefit of the members of the Defence Force through payment of grants;

(b) to provide financial assistance to the spouses and families of deceased soldiers;

(d) to reward soldiers for meritorious acts of service in the execution of duty provided that no payment shall be made to any soldier who has received any other reward from Government revenue;

(e) to finance the procuring of any comforts, conveniences or advantages to members of the Defence Force which are not chargeable to general revenue;

(f) for the granting of loans in special circumstances to soldiers repayable by instalments;

(g) for prizes for competitions limited to members of the Defence Force; and

(h) for the payment of claims towards any damage to the Defence Force barracks due to fire or any natural disaster.

5. Administration of Fund

(1) The Commander shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such power and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the powers or duties required of the Accounting Officer under this Order.

6. Management of Fund

(1) The Minister responsible for defence and security shall, after consultation with the Accounting Officer, appoint a Management Committee.

(2) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) advising the Accounting Officer with respect to the Fund; and

(3) The Committee appointed under subparagraph (1) shall consist of the following persons from the Defence Force—

(a) the Deputy Commander, who shall be the Chairperson of the Committee;

(b) a representative from the human resources management office;

(d) a representative from the legal office;

(e) a representative from the Air Arm Command;

(f) a representative from the Defence Logistics Command; and

(g) a representative from the Ground Forces Command.

(4) The members of the Committee shall be appointed for a period not exceeding three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) all fines imposed on offences against discipline;

(b) fees paid or donations made in respect of any special services provided by the Defence Force; and

8. Disbursements from Fund

There shall be paid from the Fund such—

(a) payment as may be required to carry out the purposes set out in paragraph 4;

(b) amount as shall be required for the purpose of investment in accordance with paragraph 10; and

Provided that such disbursements qualify as reasonable expenses incurred in the performance of duties consistent with the objects of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of the financial year, such surplus shall remain as part of the Fund balance and shall be carried forward into the following financial year.

10. Investment of Fund monies

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

PUBLIC FINANCE MANAGEMENT (PRISONS INDUSTRY REVOLVING FUND) ORDER

(section 38)

(29th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 113 of 2014

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 113 of 2014

S.I. 113, 2014,
S.I. 129, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Prisons Industry Revolving Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Commissioner appointed as such under paragraph 5(1);

“Commissioner” has the same meaning assigned to it under the Prisons Act (Cap. 21:03);

“Committee” means a Management Committee appointed under paragraph 6;

“Fund” means the Public Finance Management (Prisons Industry Revolving) Fund continued under paragraph 3; and

“Service” has the same meaning assigned to the term under the Prisons Act.

3. Continuation of Fund established under S.I. No. 113 of 2014

The Prisons Industry Revolving Fund established under the Prisons Revolving Fund Order by section 38(1) of the Act, is hereby continued under a Special Fund known as Public Finance Management (Prisons Industry Revolving Fund) and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to—

(a) provide financial support to qualifying prisoners upon release from prison;

(b) train and develop any prisoner to acquire skills related to any rehabilitation programme and attain a certificate; and

5. Administration of Fund

(1) The Commissioner shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such powers and perform such duties as maybe required for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing authorise any other public officer to exercise or perform all or any of the duties required of him or her under this Order.

6. Management of Fund

(1) The Minister responsible for defence and security shall, after consultation with the Accounting Officer, appoint a Management Committee.

(2) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) advising the Accounting Officer with respect to the Fund;

(d) monitoring disbursements from the Fund; and

(e) any other duties as may be approved by the Accounting Officer.

(3) The Committee appointed under subparagraph (1) shall consist of the following officers from the Service—

(a) a prisoner’s administration and rehabilitation officer, who shall be the Chairperson of the Committee;

(b) a social worker;

(d) an industrial officer;

(e) a works and planning officer;

(f) a farms and gardens manager; and

(g) an operations and security officer.

(4) The Unit responsible for prisoner’s administration and rehabilitation shall provide secretarial services to the Committee.

(5) The members of the Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund such monies—

(a) as may from time to time be appropriated by the National Assembly for the purposes of the Fund;

(b) accrued or realised from the proceeds of lease of facilities, service of items brought in for repair and sale of items produced by prisoners; and

8. Disbursements from Fund

There shall be paid from the Fund—

(a) costs incurred for carrying out the purposes set out in paragraph 4;

(b) expenses incurred in relation to the administration of the Fund; and

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and shall be carried forward to the next year.

10. Investment of Fund monies

(1) Any monies accruing to the Fund which is not required for immediate use shall be invested in accordance with the objects of the Fund as the Accountant-General may direct.

(2) Income earned from an investment made in accordance with subparagraph (1) shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

12. Revocation of S.I. No. 113 of 2014

The Prisons Industry Revolving Fund is hereby revoked.

PUBLIC FINANCE MANAGEMENT (VICTIMS OF TRAFFICKING FUND) ORDER

(section 38)

(29th September, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

S.I. 130, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Victims of Trafficking Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for justice appointed as such under paragraph 5(1);

“Committee” means Management Committee established under paragraph 6;

“Fund” means the Public Finance Management (Victims of Trafficking Fund) as established under paragraph 3; and

“Protocol” has the same meaning assigned to the term under the Anti-Human Trafficking Act (Cap. 08:09).

3. Establishment of Fund

There is hereby established a Special Fund to be known as the Public Finance Management (Victims of Trafficking Fund) (hereinafter referred to as the “Fund”).

4. Purpose of Fund

The purpose of the Fund is to—

(a) provide immediate and temporary shelter for victims of trafficking;

(b) absorb cost associated with anti-human trafficking public information campaigns;

(d) assist Government with—

(i) costs associated with recalling of victims to testify in Botswana courts when necessary,

(ii) facilitation of requests for mutual legal assistance, and

(iii) any cost associated with disposal of an anti-human trafficking case;

(e) fund development and maintenance of local re-integration programmes for Botswana victims;

(f) facilitate payments into the Fund for purposes of effecting restitutions to victims in accordance with section 22 of the Anti-Human Trafficking Act;

(g) absorb costs associated with capacity building initiatives for front-line officials;

(h) assist with costs associated with maintaining any centre for victims or accredited non-governmental organisations operating as centres for victims in accordance with sections 16 and 17 of the Anti-Human Trafficking Act; and

(i) assist Government with transport, education, medical, and psychosocial care costs associated with general day-to-day upkeep of victims whilst under the care of any centre established in terms of section 16 of the Anti-Human Trafficking Act.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for justice shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise all such powers and perform all such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing authorise any other public officer to exercise or perform all or any of the powers or duties required of him or her under this Order.

6. Management of Fund

(1) The Minister responsible for justice shall in consultation with the Accounting Officer, appoint a Management Committee for the Fund.

(2) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) advising the Accounting Officer with respect to the performance of the Fund;

(c) determining policies for giving effect to the project and purposes of the Protocol to prevent, suppress and punish trafficking in persons;

(d) issue rules relating to the assistance of non-governmental organisation to carry out activities with a view of prevention and suppression of trafficking in persons; and

(e) performing any other acts as directed by the Minister responsible for justice.

(3) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary in the Ministry responsible for justice who shall be the Chairperson of the Committee;

(b) a representative from the Ministry responsible for finance;

(d) a representative at Director level from the Financial Intelligence Agency;

(e) a representative at Director level from Botswana Police Service;

(f) a representative at Director level from Ministry responsible for local government and rural development;

(g) a representative at Director level from the Ministry responsible for transport; and

(h) a representative at Director level from the Ministry responsible for labour and home affairs.

(4) The Anti-Human Trafficking Unit under the Safety Division in the Ministry responsible for justice shall serve as the Secretariat.

(5) A member of the Committee shall be appointed for a period of three years, and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may from time to time be appropriated by the National Assembly for the purposes of the fund;

(b) monies collected as proceeds of crime of human trafficking;

(c) such monies as may be directed to the Fund as restitution as the court may determine in accordance with section 22 of the Anti-Human Trafficking Act;

(d) interest accrued from investments of monies of the Fund in accordance with paragraph 10; and

(e) fees, donations or contributions from other sources as the Minister may approve.

8. Disbursements from Fund

There shall be paid from the Fund—

(a) expenses related to assistance of the victims of trafficking in persons;

(b) the balance of damages, restitution, compensation and rehabilitation of victims of trafficking in persons; and

(c) such other expenses as may be required for purposes of the Anti-Human Trafficking Act as the Minister may, in writing approve.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and shall be carried forward into the following financial year.

10. Investment of Fund monies

Any monies accruing to the Fund which is not required for immediate use shall be invested in Botswana accordance with the objects of the Fund as the Accountant-General may direct and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

PUBLIC FINANCE MANAGEMENT (FOREIGN EXCHANGE STABILISATION RESERVE FUND) ORDER

(section 38)

(7th October, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 81 of 1980

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursement from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of the Fund

12. Revocation of S.I. No. 81 of 1980

S.I. 81, 1980,
S.I. 131, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Foreign Exchange Stabilisation Reserve Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for finance;

“Committee” means a Management Committee appointed under paragraph 6; and

“Fund” means the Public Finance Management (Foreign Exchange Stabilisation Reserve) Fund continued under paragraph 3.

3. Continuation of Fund established under S.I. No. 81 of 1980

The Foreign Exchange Stabilisation Reserve Fund established by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (Foreign Exchange Stabilisation Reserve) Fund and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to allow gains on foreign exchange transactions made by the Government, any Government institutions or organisation and statutory corporation to be set off against losses and thus reduce the consequences of large fluctuations arising from foreign exchange transactions.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for finance shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with provisions of this Order.

(2) The Accounting Officer may exercise all such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the powers or duties required of him or her under this Order.

6. Management of Fund

(1) The Minister shall, after consultation with the Accounting Officer, appoint a Management Committee for the Fund.

(2) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) assessing and approving request made by ministries, any Government institution or organisation and state-owned enterprises for losses made due to fluctuations arising from exchange transaction;

(d) recommending to the Accounting Officer to advice the Minister, to transfer to Consolidated Fund any surplus in excess of the amount considered;

(e) maintaining records for gains and losses transactions made into the Fund;

(f) making recommendations to the Accounting Officer on any changes or amendments to be made in the Fund Order for subsequent approval by the Minister;

(g) ensuring that all foreign exchange gains are recorded and accounted for by an officer of the Accountant-General; and

(h) reviewing and ensuring that audit recommendations are implemented.

(3) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Accountant-General, who shall be the Chairperson of the Committee;

(b) a representative from the Ministry responsible for finance under the insurance and pension section;

(d) a representative from the Ministry responsible for foreign affairs.

(4) The unit responsible for accounts and general ledger under the Office of the Accountant-General shall provide secretarial services to the Committee under subparagraph 3.

(5) The members of the Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may be appropriated from time to time by the National Assembly for purposes of the Fund; and

(b) gains arising from foreign exchange transactions.

8. Disbursement from Fund

There shall be paid from the Fund all losses arising from foreign exchange transactions.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and shall be carried forward into the following financial year.

10. Investment of Fund monies

Any monies accruing to the Fund which is not required for immediate use shall be invested in accordance with the objects of the Fund as the Accountant-General may direct. Income earned from an investment made in accordance with shall accrue to the Fund.

11. Accounts of the Fund

The Accounting Officer shall—

(a) keep and maintain, or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and monthly reconciliation of the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to the Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister, in consultation with the Accountant-General may direct, within a period of two months after the close of each financial year.

12. Revocation of S.I. No. 81 of 1980

The Foreign Exchange Stabilisation Reserve Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (CONSERVATION TRUST FUND) ORDER

(section 38)

(21st October, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 12 of 1999

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursement from Fund

9. Surplus in Fund

10. Investment of Fund Monies

11. Accounts of Fund

12. Revocation of S.I. No. 12 of 1999

S.I. 12, 1999,
S.I. 139, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Conservation Trust Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for conservation appointed as such under paragraph 5;

“Board of Trustees” means a Management Committee appointed under paragraph 6;

“CITES” means the Convention on International Trade in Endangered Species of Wildlife Fauna And Flora to which Botswana is a Party as set out in the Fifth Schedule to the Wildlife Conservation and National Parks Act (Cap. 38:01), and includes any Appendices thereto and any Resolutions of the Conferences of the Parties; and

“Fund” means the Public Finance Management (Conservation Trust Fund).

3. Continuation of Fund established under S.I. No. 12 of 1999

The Conservation Trust Fund established by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (Conservation Trust Fund) and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to finance the conservation of elephants and development of community-based projects for communities living within and adjacent to elephant ranges.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for conservation shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise all such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the powers or duties required of him or her under this Order.

6. Management of Fund

(1) The Minister responsible for conservation shall, after consultation with the Accounting Officer, appoint a Board of Trustees for the Fund.

(2) The Board of Trustees shall be responsible for—

(a) overseeing the management of the Fund;

(b) determining the investment strategies and disbursement procedures of the Fund in accordance with the Act;

(c) recommending to the Accounting Officer to advice the Minister, to transfer to the Consolidated Fund any surplus in excess of the amount considered;

(d) maintaining records for gains and losses transactions made into the Fund;

(e) making recommendations to the Accounting Officer on any changes or amendments to be made in the Fund Order for subsequent approval by the Minister;

(f) ensuring that all foreign exchange gains are recorded and accounted for by an officer from the Office of the Accountant General; and

(g) reviewing and ensuring that audit recommendations are implemented.

(3) The Board of Trustees appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary in the Ministry responsible for conservation, who shall be the Chairperson of the Board of Trustees;

(b) the Co-ordinator of community based natural resources management;

(d) two representatives from non-governmental organisations concerned with conservation;

(e) a representative from a community based organisation; and

(f) a representative from the Department responsible for environmental affairs.

(4) The Department responsible for wildlife and national parks shall provide secretarial services to the Committee under subparagraph (3).

(5) The members of the Board of Trustees shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may be received from the export of ivory in accordance with Decisions 10.1 and 10.2 taken at the 10th CITES and other future CITES decisions;

(b) incomes from the investment of monies of the Fund in accordance with paragraph 10; and

8. Disbursement from Fund

There shall be paid from the Fund—

(a) 60 per cent of the monies which shall be used to pay expenses connected with the conservation of elephants; and

(b) 40 per cent of the monies which shall be used for expenses connected with the development of community-based projects for the communities living within and adjacent to elephant ranges.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and shall be carried forward into the following financial year.

10. Investment of Fund monies

(1) Any monies accruing to the Fund which is not required for immediate use shall be invested in accordance with the objects of the Fund as the Accountant-General may direct.

(2) Income earned from an investment made in accordance with subparagraph (1) shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain, or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and monthly reconciliation of the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to the Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister, in consultation with the Accountant-General may direct, within a period of two months after the close of each financial year.

12. Revocation of S.I. No. 12 of 1999

The Conservation Trust Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (TOURISM DEVELOPMENT) FUND ORDER

(section 38)

(9th December, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 12 of 2018

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursement from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 12 of 2018

S.I. 12, 2018,
S.I. 156, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Tourism Development) Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary responsible for Tourism appointed as such under paragraph 5(1);

“Agency” means any institution owned by Government that is appointed by the Minister responsible for Tourism;

“Committee” means a Management Committee appointed under paragraph 6(1); and

“Fund” means the Public Finance Management (Tourism Development) Fund continued under paragraph 3.

3. Continuation of Fund established under S.I. No. 12 of 2018

The Tourism Development Fund established by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (Tourism Development) Fund and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to—

(a) promote tourism development through pursuit of tourism opportunities which are of national importance but not attractive to the private sector;

(b) pay allowances for youths and interns attached to the tourism and hospitality sector locally and internationally;

(c) develop complementary projects or activities intended to increase community beneficiation and to encourage local and regional participation in Botswana tourism;

(d) fund tourism related research and development initiatives including, research on new technologies and methods geared towards sustainable tourism development, tourism market intelligence, tourism statistics and national tourism information management systems;

(e) fund tourism related publicity initiatives as well as global exposure initiatives to substantially increase awareness of the tourism proposition in Botswana;

(f) preserve and restore Botswana’s culture, heritage and encourage activities to take place around Botswana’s culture and heritage product;

(g) fund activities aimed at improving service levels within the tourism industry;

(h) finance skills training for employees at basic, intermediate and advanced level; and

(i) fund activities of safety, communication and disaster management in the tourism sector.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for tourism shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with provisions of this Order.

(2) The Accounting Officer may exercise all such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties.

(3) The Accounting Officer may, in writing authorise any other public officer to exercise or perform all or any of the powers or duties required of him or her under this Order.

6. Management of Fund

(1) The Minister responsible for tourism shall, after consultation with the Accounting Officer, appoint a Management Committee for the Fund.

(2) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) determining the investment strategies and disbursement procedures of the Fund in accordance with the Public Finance Management Act;

(c) recommending to the Accounting Officer to advice the Minister, to transfer to Consolidated Fund any surplus in excess of the amount considered;

(d) maintaining records for gains and losses transactions made into the Fund;

(e) making recommendations to the Accounting Officer on any changes or amendments to be made in the Fund Order for subsequent approval by the Minister; and

(f) compiling a report on the conduct of the business of the Committee.

(3) The Chairperson of the Committee shall submit the report referred to under subparagraph (2)(f) to the Accounting Officer within six months at the end of the financial year.

(4) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary in the Ministry responsible for tourism who shall be the Chairperson of the Committee;

(b) the Co-ordinator of community based natural resources management;

(d) a representative from Human Resources Development Council;

(e) a representative from Botswana Investment and Trade Centre;

(f) an additional representative from the public with special knowledge in matters related to tourism;

(g) a representative from the Department responsible for tourism; and

(h) a representative from the Hospitality and Tourism Association of Botswana.

(5) The Department responsible for tourism shall provide secretarial services to the Committee under subparagraph (4).

(6) The members of the Committee shall be appointed for a period of three years and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) royalties from lease concessions;

(b) levies collected by the tourism industry for and on behalf of Government;

(d) grants, donations and contribution from other sources of income as the Minister responsible for finance may approve.

8. Disbursement from Fund

There shall be paid from the Fund—

(a) all expenses incurred in the performance of duties connected with the administration and management of the Fund;

(b) cost for carrying out the purposes set out in paragraph 4; and

(c) such other sums as the Minister responsible for finance may, in writing approve provided that such disbursement qualifies as reasonable expenses incurred in the performance of the duties consistent with the object of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and shall be carried forward into the following financial year.

10. Investment of Fund monies

(1) Any monies accruing to the Fund which is not required for immediate use shall be invested in accordance with the objects of the Fund as the Accountant-General may direct.

(2) Income earned from an investment made in accordance with subparagraph (1) shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain, or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and monthly reconciliation of the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to the Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister, in consultation with the Accountant-General may direct, within a period of two months after the close of each financial year.

12. Revocation of S.I. No. 12 of 2018

The Tourism Development Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (RAPID SKILLS DEVELOPMENT) FUND ORDER

(section 38)

(9th December, 2022)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 139 of 1991

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursement from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 139 of 1991

S.I. 139, 1991,
S.I. 79, 1994,
S.I. 4, 2005,
S.I. 33, 2012,
S.I. 157, 2022.

1. Citation

This Order may be cited as the Public Finance Management (Rapid Skills Development) Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry appointed as such under paragraph 5;

“Committee” means a Management Committee appointed under paragraph 6;

“Fund” means the Public Finance Management (Rapid Skills Development) Fund, continued under paragraph 3; and

“indigenous knowledge systems” means knowledge that consists of cultural beliefs and traditions, which is handed down through generations by cultural transmission and is community based and locally managed.

3. Continuation of Fund established under S.I. No. 139 of 1991

The Construction Industry (Crash Training Programme) Trust Fund established by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (Rapid Skills Development) Fund and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to provide training to citizens, with or without formal education or qualifications, to become semi-artisans and artisan required by the different sectors of the economy on various trades including but not limited to construction, agriculture, mining, tourism, indigenous knowledge systems and allied services.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for skills development shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise all such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties under this Order.

6. Management of Fund

(1) The Minister responsible for skills development shall, after consultation with the Accounting Officer appoint a Management Committee to oversee the management of the Fund.

(2) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) advising the Accounting Officer with respect to the performance of the Fund; and

(3) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary in the Ministry responsible for education and skills development who shall be the Chairperson of the Committee;

(b) a representative from the department responsible for skills development;

(d) a representative from the Ministry responsible for communications, knowledge and technology;

(e) a representative from the Ministry responsible for environment and tourism;

(f) a representative from the Ministry responsible for mineral and energy;

(g) a representative from Ministry responsible for local government and rural development;

(h) a representative from the construction industry;

(i) a representative from the mining industry;

(j) a representative from the tourism industry; and

(k) a representative with expertise in the indigenous knowledge systems.

(4) The department responsible for education and skills development shall provide secretarial services to the Committee under subparagraph (3).

(5) The members of the Committee shall be appointed for a period of three years, and shall be eligible for re-appointment for a further term of three years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may be appropriated from time to time by the National Assembly for the purposes of the Fund; and

(b) 0.25 per cent of all contracts awarded by Ministries, Government departments, parastatals and local authorities.

8. Disbursement from Fund

There shall be paid from the Fund—

(a) all expenses incurred in the performance of duties connected with the administration and management of the Fund; and

(b) all relevant expenses to provide for training in various trades for which the Fund was created, in accordance with disbursements procedures as may, from time to time, be determined by the Committee.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and be carried forward into the following financial year.

10. Investment of Fund monies

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain, or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and monthly reconciliation of the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to the Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister, in consultation with the Accountant-General may direct, within a period of two months after the close of each financial year.

12. Revocation of S.I. No. 139 of 1991

The Construction Industry (Crash Training Programme) Trust Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (ROAD TRAFFIC FINES) FUND ORDER

(section 38)

(28th April, 2023)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Continuation of Fund established under S.I. No. 40 of 2009

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

12. Revocation of S.I. No. 40 of 2009

S.I. 55, 2023.

1. Citation

This Order may be cited as the Public Finance Management (Road Traffic Fines) Fund Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Commissioner appointed as such under paragraph 5;

“Commissioner” has the same meaning assigned to the term under the Police Act (Cap. 21:01);

“Committee” means a Management Committee appointed under paragraph 6(1);

“detecting device” has the same meaning assigned to the term under the Road Traffic Act (Cap. 69:01);

“Fund” means the Public Finance Management (Road Traffic Fines) Fund continued under paragraph 3;

“road traffic fine” means a fine imposed for the contravention of the Road Traffic Act; and

“Service” has the same meaning assigned to the term under the Police Act.

3. Continuation of Fund established under S.I. No. 40 of 2009

The Road Traffic Fines Fund established under the Road Traffic Fines Fund Order by section 38(1) of the Act, is hereby continued under a Special Fund known as the Public Finance Management (Road Traffic Fines) Fund and shall continue to exist as if established by this Order.

4. Purpose of Fund

The purpose of the Fund is to receive and administer the road traffic fines imposed under the Road Traffic Act.

5. Administration of Fund

(1) The Commissioner shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund.

(2) The Accounting Officer may exercise such power and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the powers or duties required of the Accounting Officer.

6. Management of Fund

(1) The Minister responsible for defence and security shall, after consultation with the Accounting Officer, appoint a Management Committee for the Fund.

(2) The Committee shall be responsible for—

(a) determining the disbursement procedures and investment strategy of the Fund in accordance with the Act;

(b) ensuring compliance with this Order;

(d) analysing the requests for funding and thereafter making recommendations to the Accounting Officer for approval;

(e) monitoring the implementation of strategies geared towards eliminating duplication of payments by clients;

(f) producing quarterly reports on both collection and disbursements for management decision; and

(g) advising the Accounting Officer on the performance of the Fund.

(3) The Committee appointed under subparagraph (1), shall consist of the following—

(a) the Deputy Commissioner of Police, Support Services, who shall be the Chairperson of the Committee;

(b) the Director of Development and Finance from the Service, who shall be the Vice-Chairperson of the Committee;

(d) the Head of Legal Services from the Service; and

(e) the Head of Finance from the Service who shall provide secretarial services to the Committee.

(4) The members of the Committee shall be appointed for a period not exceeding five years, and shall be eligible for re-appointment for a further term, not exceeding five years.

(5) The quorum at any meeting of the Committee shall be a simple majority of the members.

7. Receipts into Fund

There shall be paid into the Fund—

(a) road traffic fines;

(b) donations from persons and organisations as the Minister may approve; and

8. Disbursements from Fund

There shall be paid from the Fund such sums of money for—

(a) the purchase and maintenance of detecting devices;

(b) public and school education campaigns on road safety;

(d) collaborating with other institutions to promote road safety;

(e) the purchase of specialised gadgets and equipment to complement law enforcement measures;

(f) the purchase of motor vehicles and motor vehicle accessories for road traffic and safety related duties; and

(g) the purchase of unmanned aerial vehicle technology and ancillary equipment for highway surveillance and patrol.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance and carried forward into the following financial year.

10. Investment of Fund monies

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

12. Revocation of S.I. No. 40 of 2009

The Road Traffic Fines Fund Order is hereby revoked.

PUBLIC FINANCE MANAGEMENT (CHEMA CHEMA FUND) ORDER

(section 38)

(26th March, 2024)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

S.I. 40, 2024.

1. Citation

This Order may be cited as the Public Finance Management (Chema Chema Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for entrepreneurship appointed under paragraph 5;

“agency of Government” means Citizen Entrepreneurial Development Agency (CEDA) or Local Enterprise Authority (LEA);

“Committee” means a Management Committee appointed under paragraph 6;

“informal sector business” means a citizen-owned business—

(a) of an individual who is 18 years or above;

(b) that is pre-existing or registered after the commencement of this Order;

(d) of a person not formally employed or where employed, that person earning an income below the taxable income bracket;

(e) if a pre-existing business, earning annual taxable below P50 000 and its gross turnover not exceeding P200 000; and

(f) registered with a mobile service provider or having a bank account; and “Fund” means the Public Finance Management (Chema Chema) Fund, established under paragraph 3.

3. Establishment of Fund

There is hereby establishment a Special Fund, to be known as the Public Finance Management (Chema Chema) Fund, (hereinafter referred to as “the Fund”).

4. Purpose of Fund

The purpose of the Fund is to promote financial inclusion through provision of affordable credit to informal sector businesses with the ultimate goal of accelerating economic growth and sustenance of livelihoods through—

(a) provision of affordable short-term loans to finance existing operations or expand current operations, including procurement of necessary business aiding equipment;

(b) provision of affordable short-term loans as start-up capital for new entrants in the sector;

(d) provision of capacity building packages, coaching and mentoring; and

(e) provision of decent operational infrastructure or equipment to an informal sector business in targeted operating places countrywide.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for entrepreneurship shall be responsible for the administration of the Fund in accordance with provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer or agency of Government to exercise or perform all or any of the duties required by him or her under this Order.

6. Management of Fund

(1) The Minister responsible for entrepreneurship shall, in consultation with the Accounting Officer, appoint a Management Committee for the Fund.

(2) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary responsible for entrepreneurship development, who shall be the Chairperson of the Committee;

(b) director responsible for entrepreneurship development in the Ministry responsible for entrepreneurship;

(d) a representative from the Ministry responsible for local government;

(e) a representative from the Ministry responsible for trade and industry; and

(f) a representative from the Informal Sector.

(3) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) advising the Accounting Officer on the performance of the Fund;

(d) review audited financial statements of the Fund and implement audit recommendations;

(e) make recommendations to the Accounting Officer on any changes or amendments in the Fund Order for subsequent approval by the Minister; and

(f) approve and regularly review the Fund guidelines.

(4) Department responsible for entrepreneurial mindset change and culture shall provide secretarial services to the Committee.

(5) The members of the Committee shall be appointed for a period of three years, and shall be eligible for re-appointment for a further term not exceeding 3 years.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may from time to time be appropriated by the National Assembly for the purposes of the Fund;

(b) receipts from loan repayments;

(c) grants, donations and contributions from other sources of income as Minister responsible for finance may approve; and

(d) interest accrued from investment of monies in accordance with paragraph 10.

8. Disbursements from Fund

There shall be paid from the Fund monies required for carrying out the purposes set out in paragraph 4 and to defray costs incurred in the administration and management of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of Fund balance and shall be carried forward to the next financial year.

10. Investment of Fund monies

Any monies accruing to the Fund which is not required for immediate use shall be invested in Botswana in accordance with the objects of the Fund as the Accountant General may direct and interest from such investment shall accrue to the Fund.

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to Accountant General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister in consultation with Accountant-General may direct, within a period of two months after the close of each financial year.

FINANCE (TOURISM INDUSTRY TRAINING FUND) (REVOCATION) ORDER

(section 38)

(4th April, 2024)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Revocation of S.I. 99 of 1996

S.I. 46, 2024.

1. Citation

This Order may be cited as the Finance (Tourism Industry Training Fund) (Revocation) Order.

2. Revocation of S.I. 99 of 1996

The Finance (Tourism Industry Training Fund) Order, 1996, is hereby revoked.

PUBLIC FINANCE MANAGEMENT (MOTLAMEDI DISASTER EMERGENCY FUND) ORDER

(section 38)

(4th April, 2024)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursements from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

S.I. 47, 2024.

1. Citation

This Order may be cited as the Public Finance Management (Motlamedi Disaster Emergency Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry for State President appointed under paragraph 5;

“Committee” means a Management Committee appointed under paragraph 6;

“Fund” means the Public Finance Management (Motlamedi Disaster Emergency Fund), established under paragraph 3; and

“mass casualty incident” means a disaster either man-made or natural, involving 10 or more victims.

3. Establishment of Fund

There is hereby established a Special Fund to be known as the Public Finance Management (Motlamedi Disaster Emergency Fund), (hereinafter referred to as, “the Fund”).

4. Purpose of Fund

The purpose of the Fund is respond to mass casualty incident victims’ needs by providing financial assistance and benefits in kind to the affected citizens of Botswana.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry for State President is appointed the Accounting Officer responsible for the administration of the Fund in accordance with provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her duties under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform all or any of the duties required by him or her under this Order.

6. Management of Fund

(1) The Minister responsible for State President shall, in consultation with the Accounting Officer, appoint a Management Committee for the Fund.

(2) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary in the Ministry for State President who shall be the Chairperson of the Committee;

(b) a representative from the Ministry responsible for health;

(d) a representative from the Ministry responsible for local government;

(e) a representative from the Ministry responsible for foreign affairs;

(f) a representative from the Ministry responsible for transport and public works;

(g) a representative from the Ministry responsible for defence and security;

(h) a representative from the National Disaster Management Office;

(i) a representative from a civic organisation; and

(j) a representative from the business community.

(3) The Committee shall be responsible for—

(a) overseeing the management of the Fund;

(b) advising the Accounting Officer on the matters related to the performance of the Fund; and

(4) The National Disaster Management Office shall provide secretarial services to the Committee.

(5) The members of the Committee shall be appointed for a period of three years, and shall be eligible for re-appointment for a further term not exceeding three years.

(6) The Committee shall determine its own rules of procedure.

7. Receipts into Fund

There shall be paid into the Fund—

(a) such monies as may from time to time be appropriated by the National Assembly for the purposes of the Fund;

(b) grants, donations and contributions from other sources of income as the Minister responsible for finance may approve;

(d) interest accrued from investment of monies in accordance with paragraph 10.

8. Disbursements from Fund

There shall be paid from the Fund monies required for carrying out the purposes set out in paragraph 4 and to defray costs incurred in the administration and management of the Fund.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of Fund balance and shall be carried forward to the next financial year.

10. Investment of Fund monies

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

PUBLIC FINANCE MANAGEMENT (NATIONAL RESEARCH FUND) ORDER

(section 38(1))

(22nd November, 2024)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of Fund

4. Purpose of Fund

5. Administration of Fund

6. Management of Fund

7. Receipts into Fund

8. Disbursement from Fund

9. Surplus in Fund

10. Investment of Fund monies

11. Accounts of Fund

S.I. 156, 2024.

1. Citation

This Order may be cited as the Public Finance Management (National Research Fund) Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“Accounting Officer” means the Permanent Secretary in the Ministry responsible for research appointed as such under paragraph 5;

“Committee” means the Management Committee established under paragraph 6; and

“Fund” means the Public Finance Management (National Research) Fund established under paragraph 3.

3. Establishment of Fund

There is hereby established a Special Fund to be known as the Public Finance Management (National Research Fund).

4. Purpose of Fund

The purpose of the Fund is to—

(a) enhance the country’s research capacity by providing cash grants to fund—

(i) quality research which is of relevance to any development goals,

(ii) development of products and services in priority areas as guided by the national research agenda,

(iii) the scientific and technological community by building and strengthening collaborative researches locally and internationally, and

(iv) advanced research in novel scientific and technological areas for the generation of new knowledge; and

(b) strengthen and build requisite research capacity and infrastructure through support for—

(i) human capital and capacity building development for research,

(ii) institutional research management and capacity building including intellectual property and data management,

(iii) enhanced public engagement, including industry and publicity of research, and

(iv) policy advocacy of research.

5. Administration of Fund

(1) The Permanent Secretary in the Ministry responsible for research shall be the Accounting Officer and he or she shall be responsible for the administration of the Fund in accordance with the provisions of this Order.

(2) The Accounting Officer may exercise such powers and perform such duties as may be required to be exercised or performed for the proper discharge of his or her functions under this Order.

(3) The Accounting Officer may, in writing, authorise any other public officer to exercise or perform the duties and functions required of the Accounting Officer under this Order.

6. Management of Fund

(1) The Minister responsible for research shall in consultation with the Accounting Officer, appoint a Management committee for the Fund.

(2) The Committee appointed under subparagraph (1) shall consist of—

(a) the Deputy Permanent Secretary of the Ministry responsible for research who shall be the Chairperson of the Committee;

(b) a representative at director level from the natural resources sector;

(d) a representative at director level from the health sector;

(e) a representative at director level from energy sector;

(f) a representative at director level from the research sector;

(g) a representative at director level from the technology sector;

(h) a representative at director level from the intellectual property protection sector;

(i) a representative at director level from Business Botswana;

(j) a representative at director level from the Botswana Academy of Science;

(k) a representative at director level from a non-govemmental organisation; and

(l) a representative at director level from the National Planning Commission.

(3) The department responsible for research and business shall provide secretarial services to the Committee.

(4) The Committee shall be responsible for overseeing the management of the Fund by—

(a) preparing strategic plans for the Fund;

(b) approving the annual work plans and budgets;

(d) selecting and deciding prestigious, complex and large grants using ad-hoc review mechanisms.

(5) The members of the Committee shall be appointed for a period of three years, and shall be eligible for re-appointment for a further term not exceeding three years.

7. Receipts into Fund

(1) There shall be paid into the Fund—

(a) such monies as may be appropriated from time to time by National Assembly for purposes of the Fund;

(b) funds from line Ministries to organise dedicated research activities;

(d) donations from legacies;

(e) subsidies granted by private benefactors;

(f) proceeds and subsidies from fund-raising activities;

(g) proceeds from services provided;

(h) income from sale on publications;

(i) grants from donors; and

(j) any other income that does not conflict with the objectives and priorities of the Fund.

8. Disbursement from Fund

There shall be paid from the Fund—

(a) funds approved by the Botswana National Research Fund Committee for—

(i) research in all fields of science, mathematics and computer science, natural sciences;

(ii) technological and engineering sciences, life sciences and medicine, and research in social sciences (including economics) and humanities, to the extent that it supports scientific research;

(iii) both basic research and more applied scientific and technological research in fields such as energy, agriculture, communication, environment;

(iv) human resource capacity building to strengthen the national capacity for research;

(v) institutional strengthening guided by the approved Operational Manual to the Fund; and

(vi) acquisition of research infrastructure and platforms aligned to emerging technologies.

(b) expenses incurred in the administration and management of the Fund and for the evaluation of research projects.

9. Surplus in Fund

If the Fund is in surplus at the end of a financial year, such surplus shall remain as part of the Fund balance, and shall be carried forward to the next financial year.

10. Investment of Fund monies

11. Accounts of Fund

The Accounting Officer shall—

(a) keep and maintain, or cause to be kept and maintained, proper books of accounts and records of all financial transactions, assets and liabilities of the Fund in respect of each financial year;

(b) maintain an account into which all receipts into the Fund and all disbursements from the Fund shall be recorded and the monthly reconciliation for the Fund accounts shall be carried out; and

(c) prepare, sign and transmit to the Accountant-General and Auditor-General a statement of income and expenditure and a balance sheet of the Fund in respect of the financial year, containing such information in the manner that the Minister, in consultation with the Accountant-General may direct, within a period of two months after the close of each financial year.