BOTSWANA NATIONAL SPORTS COMMISSION: SUBSIDIARY LEGISLATION

CHAPTER 60:01 – BOTSWANA NATIONAL SPORTS COMMISSION: SUBSIDIARY LEGISLATION
[Previously known as “BOTSWANA NATIONAL SPORTS COUNCIL”]

INDEX TO SUBSIDIARY LEGISLATION

Botswana National Football Association (Membership Direction) Order

Botswana National Sport Commission Regulations

Botswana National Sports Council (Membership of Council) Order

Dissolution of the Executive Committee of the Botswana Amateur Boxing Association Order

Dissolution of the Executive Committee of the Botswana Gymnastics Federation Order

BOTSWANA NATIONAL SPORTS COUNCIL
(MEMBERSHIP OF COUNCIL) ORDER

(section 7*)

(18th March, 1977)

ARRANGEMENT OF PARAGRAPHS

    PARAGRAPH

    1.    Citation

    2.    Membership of Council

S.I. 26, 1977.

1.    Citation

    This Order may be cited as the Botswana National Sports Council (Membership of Council) Order.

2.    Membership of Council

    The Botswana National Football Association shall become affiliated to and become a member of the Council.

* Originally made under the Botswana National Sports Council Act now repealed, these regulations have been continued under s 45(1) of the Botswana National Sports Commission Act, 2013.

BOTSWANA NATIONAL FOOTBALL ASSOCIATION
(MEMBERSHIP DIRECTION) ORDER

(section 7*)

(29th July, 1977)

ARRANGEMENT OF PARAGRAPHS

    PARAGRAPH

    1.    Citation

    2.    Certain clubs to become members of Botswana National Football Association

        Schedule

S.I. 95, 1977,
S.I. 96, 1977.

1.    Citation

    This Order may be cited as the Botswana National Football Association (Membership Direction) Order.

2.    Certain clubs to become members of Botswana National Football Association

    The clubs specified in the Schedule shall become members of the Botswana National Football Association.

* Originally made under the Botswana National Sports Council Act now repealed, these regulations have been continued under s 45(1) of the Botswana National Sports Commission Act, 2013.

SCHEDULE

Black Vultures Football Club

Boikago Football Club

Botswana Police Football Club

Bush Bucks Football Club

Gaborone United Football Club

Green Landers Football Club

Kopong Football Club

Lobatse United Football Club

Maletamotse Football Club

Maphatshwa Football Club

Mathaithai Football Club

Miscellaneous Football Club

Mmanaana Aces Football Club

Motherwell Football Club

Notwane Football Club

Powerline Football Club

Queen’s Happy Hearts Football Club

Rams Football Club

Randall Aces Football Club

Southern Pirates Football Club

Space Moonlanders Football Club

Swallows Football Club

Tigers Football Club

Tlokweng Home Sweepers Football Club

Tlokweng Peace Makers Football Club

Township Rollers Football Club

DISSOLUTION OF THE EXECUTIVE COMMITTEE
OF THE BOTSWANA AMATEUR BOXING ASSOCIATION ORDER

(under section 18(3)*)

(29th September, 1995)

ARRANGEMENT OF PARAGRAPHS

    PARAGRAPH

    1.    Citation

    2.    Dissolution of executive committee of Botswana Amateur Boxing Association

    3.    Vesting of functions of executive committee in interim committee

S.I. 60, 1995.

1.    Citation

    This Order may be cited as the Dissolution of the Executive Committee of the Botswana Amateur Boxing Association Order.

2.    Dissolution of executive committee of Botswana Amateur Boxing Association

    The Executive Committee of the Botswana Amateur Boxing Association is hereby dissolved.

3.    Vesting of functions of executive committee in interim committee

    All the functions of the Executive Committee of the Botswana Amateur Boxing Association are hereby vested in the Interim Committee appointed by the Minister in accordance with the provisions of section 18(3) of the Botswana National Sports Council Act.

* Originally made under the Botswana National Sports Council Act now repealed, these regulations have been continued under s 45(1) of the Botswana National Sports Commission Act, 2013.

DISSOLUTION OF THE EXECUTIVE COMMITTEE OF THE BOTSWANA GYMNASTICS FEDERATION ORDER

(section 18(3)*)

(30th April, 2008)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

    1.    Citation

    2.    Dissolution of Executive Committee of Botswana Gymnastics Federation

    3.    Vesting of functions of Executive Committee in interim committee

S.I. 36, 2008.

1.    Citation

    This Order may be cited as the Dissolution of the Executive Committee of the Botswana Gymnastics Federation Order.

2.    Dissolution of Executive Committee of Botswana Gymnastics Federation

    The Executive Committee of the Botswana Gymnastics Federation is hereby dissolved.

3.    Vesting of functions of Executive Committee in interim committee

    All the functions of the Executive Committee of the Botswana Gymnastics Federation are hereby vested in the interim committee appointed by the Minister in accordance with the provisions of section 18(3) of the Botswana National Sports Council Act (Cap. 60:01).

* Originally made under the Botswana National Sports Council Act now repealed, these regulations have been continued under s 45(1) of the Botswana National Sports Commission Act, 2013.

BOTSWANA NATIONAL SPORT COMMISSION REGULATIONS

(section 43)

(23rd February, 2018)

ARRANGEMENT OF REGULATIONS

    REGULATION

    1.    Citation

    2.    Application for registration

    3.    Certificate of recognition

    4.    Inspection of register

    5.    Restoration of name to register

    6.    Registration of uniforms, etc.

    7.    Disruption of game

    8.    Application for participation in sport within or outside Botswana

    9.    Submission of audited statements

    10.    Handing over of assets

    11.    Appeals

    12.    Quorum of Appeals Committee

    13.    Selection criteria for national teams

    14.    Bidding to host international sports events

    15.    Offences and penalty

    16.    Revocation of S.I. No. 40 of 1979

        SCHEDULE

S. I. 23, 2018.

1.    Citation

    These Regulations may be cited as the Botswana National Sport Commission Regulations.

2.    Application for registration

    (1) An application for registration under section 23(1) of the Act shall be made in Form A as set out in the Schedule.

    (2) An application under section 23(1) of the Act shall be accompanied by a registration fee of P2 500.

    (3) Where a sport association’s application meets the requirements of the Act, and pending registration, the Chief Executive Officer shall issue, to the sport association, a conditional certificate of recognition in Form B as set out in the Schedule.

3.    Certificate of recognition

    A certificate of recognition issued under section 24 of the Act shall be in Form C as set out in the Schedule.

4.    Inspection of register

    The fee for the inspection of the register under section 22(2) of the Act shall be P100.

5.    Restoration of name to register

    (1) An application for restoration of name to register under section 26 of the Act shall be in Form D as set out in the Schedule.

    (2) The Chief Executive Officer may, after holding such inquiry as he or she may consider necessary, direct that the name of the sport association concerned be restored to the register.

6.    Registration of uniforms, etc.

    (1) The Commission may refuse to register uniforms, colours or insignia of a sport association where in its opinion the uniforms, colours or insignia sought to be registered are similar to those of another sport association or club.

    (2) Any person who contravenes subregulation (1) commits an offence and in addition to any penalty, may be subject to such disciplinary action by the Disciplinary Committee as the Commission may consider fit to impose.

7.    Disruption of game

    (1) No person shall disturb or disrupt the conduct of a game or any sporting event conducted under the auspices of the Commission.

    (2) Any person who contravenes subregulation (1) commits an offence and, in addition to any penalty, the Commission may—

    (a)    in the case of a player, suspend him or her, for such a period as it shall determine, from participating as a player; or

    (b)    in the case of any other person, prohibit him or her, for such a period as it shall determine, from attending any club game or sporting event held under the auspices of the Commission.

    (3) Where any person who disturbs a game or sporting event is an official of a sport association or club, he or she, in addition to any penalty, may be subject to such disciplinary action by the Disciplinary Committee as the Commission may consider fit to impose.

8.    Application for participation in sport within or outside Botswana

    (1) No person, sport association or club shall—

    (a)    invite a club or any person from outside Botswana to tour or participate in any sport in Botswana; or

    (b)    tour or in any way participate in any sport outside Botswana, without the written approval of the Commission.

    (2) An application for a tour outside Botswana or for an invitation for a tour of Botswana shall be made by the sport association, club or individuals to the Commission in Form E as set out in the Schedule, at least 14 days before the date on which such sporting activity is to commence.

    (3) Any person, sport association or club which or who contravenes the provisions of subregulation (1) commits an offence and, in addition to any penalty, shall be liable to such disciplinary action by the Disciplinary Committee as the Commission may consider fit to impose.

9.    Submission of audited statements

    (1) A sport association shall submit audited financial statements to the Commission within six months after the end of the financial year on an annual basis.

    (2) A sport association that fails to submit audited financial statements to the Commission as required under subregulation (1) commits an offence.

10.    Handing over of assets

    (1) A member of an executive committee of a sport association shall on vacating office, hand over records and assets of the sport association.

    (2) A member of the executive committee who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P1000, and shall not be eligible to hold any sport position for a period of five years.

11.    Appeals

    (1) Any person aggrieved by the decision of the Disciplinary Committee may appeal to the Appeals Committee.

    (2) An appeal to the Appeals Committee shall be lodged by the appellant by registered mail, within seven days from the date of notification of the decision appealed against and shall be accompanied by a fee of P50.

    (3) The appellant shall at the time of lodging the appeal also serve copies of the papers of the appeal, by registered mail, on the person who is party to the proceedings being appealed against and on the Chief Executive Officer.

    (4) The secretary of the Appeals Committee shall, within seven days of receiving all papers of the appeal under subregulation (2), forward sufficient copies of the papers of the appeal and all relevant documents to the members of the Appeals Committee.

    (5) The Appeals Committee shall, after receiving the appeal papers, set a date for the hearing of the appeal and cause a notice thereof to be served upon the appellant and the respondent.

    (6) The appellant shall be heard in support of his or her appeal but shall not argue or be heard in support of any ground of appeal not set forth in the papers of appeal except by leave of the Appeals Committee, on a day fixed or any other day to which the Appeals Committee may adjourn the hearing.

    (7) The Appeals Committee shall, if it does not dismiss the appeal summarily, hear the appellant and the respondent shall be entitled to reply.

    (8) The parties to the appeal may be heard in person or through their representatives.

12.    Quorum of Appeals Committee

    (1) The Appeals Committee shall consist of five members appointed by the Minister under section 31(1) of the Act.

    (2) All meetings of the Appeals Committee shall be conducted by the Chairperson and, in his or her absence, the members of the Appeals Committee present at the meeting shall elect one of their members to act as the chairperson of that meeting.

    (3) The quorum at any meeting of the Appeals Committee shall be three members, and no quorum shall be constituted unless the member of the Appeals Committee appointed by reason of his or her knowledge and experience of the sport in respect of which the appeal arises is present at any time.

13.    Selection criteria for national teams

    (1) A sport association shall file its national team selection guidelines with the Commission.

    (2) The International Games and Hosting Committee shall set standards for qualification into a national team.

    (3) The International Games and Hosting Committee shall be composed of technically competent persons with skills and competencies suitable for organising the games as appointed by the sport associations.

    (4) The International Games and Hosting Committee shall report to the Commission or Botswana National Olympic Committee depending on the portfolio of the games.

14.    Bidding to host international sports events

    (1) A sport association that wishes to bid to host an international sports event shall apply to the Commission for approval, and in the case of a—

    (a)    world event, apply four years before the event;

    (b)    continental event, apply two years before the event; and

    (c)    regional event, apply 12 months before the event.

    (2) An application to bid to host an international sports event shall be made in Form F as set out in the Schedule.

    (3) Where the Commission approves an application to bid to host an international sports event, it shall issue the concerned sport association with an approval to bid to host an international sports event in Form G as set out in the Schedule.

    (4) The international sport event shall be hosted in line with rules and regulations of the relevant international or continental sport federations.

    (5) A sport association that wins the bid to host an international sports event shall establish an organising committee to co-ordinate activities of the events bid for.

    (6) A sport association that bids to host an international sports event without the approval of the Commission commits an offence.

15.    Offences and penalty

    Any person, sport association or club who or which commits an offence under these Regulations is liable to a fine not exceeding P1 000 or to suspension for a term not exceeding one year from participating in sport, or to both.

16.    Revocation of S.I. No. 40 of 1979

    The Botswana National Sports Council Regulations are hereby repealed.

SCHEDULE

FORM A

APPLICATION FOR REGISTRATION

(reg. 2(1))

APPLICATION FOR REGISTRATION

Upon completion, the form must be submitted to BNSC at P.O. Box 1404, Gaborone, before the end of the financial year

SECTION 1 – ASSOCIATION DETAILS

Full name of the Association

Address

PRIMARY ASSOCIATION CONTACTS

Name

Position

Phone

Fax

Email

Website

ATTACHMENT

IMPORTANT NOTE

The following documents must be attached with your application for certificate of recognition.

CONSTITUTION

Please attach a copy of your constitution and/or Articles of Association.

CERTIFICATE OF REGISTRATION

Please attach a copy of the returns.

CLUB MEMBERS

Current Register of member clubs (clubs with membership lists) and list of office bearers.

UNIFORM COLOURS OR INSIGNIA

Please attach a copy of your uniform colour or insignia.

APPLICATION FEE

A non-refundable registration fee of P2500.00.

Affiliation Declaration:

I certify that all the information is correct and agree to be bound by the Laws of Botswana National Sport Commission, Regulations and requirements.

NAME: _______________________________

SIGNATURE: __________________________ DATE: ______________

President: ______________________________

Secretary General: ________________________________

FORM B

CONDITIONAL CERTIFICATE OF RECOGNITION

(reg. 2(3))

CONDITIONAL CERTIFICATE OF RECOGNITION

This confirms that

______________________________________________________________

has been granted conditional recognition subject to approval by the Board.

_______________________________________________________________

Chief Executive Officer

________________________________________________________________

Date

FORM C

CERTIFICATE OF RECOGNITION

(reg.3)

CERTIFICATE OF RECOGNITION

This confirms that

___________________________________________________________________

has been duly registered and is now a bona fide member of the Botswana National Sport Commission.

______________________________
Chief Executive Officer

______________________________
Board Chairperson

Date______________

Date______________

FORM D

APPLICATION FOR RESTORATION OF NAME TO REGISTER

(reg.5(1))

RESTORATION OF NAME

This confirms that

______________________________________________________

has been restored to the membership of the Botswana National Sport Commission and their
name has been restored to the register.

______________________________
Chief Executive Officer

______________________________
Board Chairperson

Date______________

Date______________

FORM E

APPLICATION TO PARTICIPATE OUTSIDE THE COUNTRY

(reg.8(2))

APPLICATION FOR PARTICIPATING OUTSIDE THE COUNTRY

Name of Affiliate:

Name of Activity:

Proposed Travel Dates:

How many athletes and officials:

Signature of President: __________________________________

Date Received by BNSC: ________________________________

Date Approved by BNSC: ________________________________

FORM F

APPLICATION TO BID TO HOST AN INTERNATIONAL SPORTS EVENT

(reg. 14(2))

APPLICATION TO BID TO HOST AN INTERNATIONAL SPORTS EVENT

Name of Affiliate

Name of Activity

Proposed Competition Dates

How many athletes and officials

Name/Signature of President: ____________________________________________________

Date: _____________________

Received & Approved by BNSC: ________________________

Date: _____________________

DECISION TO BID TO HOST AN INTERNATIONAL SPORTS EVENT IS

Approved

Not Approved

Name/Signature of CEO: ________________________________

Date:_______________________

FORM G

APPROVAL TO BID TO HOST AN INTERNATIONAL SPORTS EVENT

(reg.14(3))

APPROVAL TO BID TO HOST AN INTERNATIONAL SPORTS EVENT

Name of Affiliate

Name of Activity

Proposed Competition Dates

Date of Application

Signature of BNSC Chief Executive Officer: ______________________________

Date: ____________________

Received & Approved by BNSC: ____________________________

Reasons for Approval or Rejection: ___________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

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