LOCAL GOVERNMENT: SUBSIDIARY LEGISLATION

CHAPTER 40:01 – LOCAL GOVERNMENT: SUBSIDIARY LEGISLATION

[Subsidiary Legislations made under the Repealed Acts (the Local Government (District Councils) Act and the Townships Act) have been saved under section 94(2) of the Local Government Act, 18 of 2012.]

INDEX TO SUBSIDIARY LEGISLATION

Central District (Abattoir) Bye-Laws

Central District (Livestock Control) Bye-Laws

Central District Council (Advertisements and Hoardings) Bye-Laws

Central District Council (Barbers and Braiders) Bye-Laws

Central District Council (Cemetery) Bye-Laws

Central District Council (Day-Care Centre) Bye-Laws

Central District Council (Dogs) Bye-Laws

Central District Council (Hawking and Street Vending) Bye-Laws

Central District Council (Markets) Bye-Laws

Central District Council (Noise and Nuisance) Bye-laws

Central District Council (Operation of Pay Phones) (Control) Bye-laws

Central District Council (Public Sewer) Bye-Laws

Central District Council (Scrap Metal and Scrap-Yard Control) Bye-laws

Chobe District Council (Barbers and Braiders) Bye-Law

Chobe District Council (Border Entry and Exit Fees) Bye-laws

Kgalagadi District Council (Control of Livestock and Other Animals) Bye-laws

Chobe District Council (Control of Livestock and Other Animals) (Model Bye-Laws) (Adoption) Bye-Laws

Chobe District Council (Day Care Centre) Bye-Laws

Chobe District Council (Dogs) (Model Bye-Laws) (Adoption) Bye-Laws

Chobe District Council (Hawking and Street Vending) (Model Bye-Laws) (Adoption) Bye-Laws

Chobe District Council (Noise and Nuisance) (Model Bye-Laws) (Adoption) Bye-Laws

Chobe District Council (Phone Shops, Kiosk, Desktop) Control Bye-Laws

City of Francistown Council (Cemetery) Bye-laws

City of Francistown Council (Dogs) Bye-laws

Control of Boreholes (Model) Bye-Laws

Control of Boreholes (Model) Bye-Laws (Adoption) Order

Declaration of Francistown as a City Order

Declaration of Gaborone as a City Order

Declaration of Sowa Township Order

Declaration of Townships Order

District Councils (Banking Accounts) Regulations

District Councils (Keeping of Bye-Laws) Regulations

District Councils (Miscellaneous Provisions) Regulations

District Councils (Tender) Regulations

Dogs (Model) Bye-Laws

Dogs (Model) Bye-Laws (Adoption) Order

Establishment of the Chobe District Council Order

Establishment of the Francistown Town Council Order

Establishment of the Gaborone City Council Order

Establishment of the Ghanzi District Council Order

Establishment of the Jwaneng Town Council Order

Establishment of the Kgatleng District Council Order

Establishment of the Kweneng District Council Order

Establishment of the Lobatse Town Council Order

Establishment of the North East District Council Order

Establishment of the North West District Council Order

Establishment of the Selebi-Phikwe Town Council Order

Establishment of the Sowa Town Council Order

Francistown City Council (Public Sewer) Bye-laws

Francistown Town Council (Abattoir) Bye-laws

Francistown Town Council (Day Care Centre) Bye-Laws

Francistown Town Council (Establishment of Pound) Bye-laws

Francistown Town Council (General) Bye-laws

Francistown Town Council (Hairdressing) Bye-Laws

Francistown Town Council (Local Beer) Bye-laws

Francistown Town Council (Retail Sales of Traditional Beer) Bye-laws

Francistown Town Council (Traffic) Bye-laws

Francistown Town Council Roads and Traffic Bye-Laws

Gaborone City Council (Abattoir) Bye-laws

Gaborone City Council (Cemetery) Bye-laws

Gaborone City Council (Dog Management) Bye-laws

Gaborone City Council (General) Bye-laws

Gaborone City Council (Hairdresser and Barber) Bye-Laws

Gaborone City Council (Local Beer) Regulations

Gaborone City Council (Noise and Nuisance Control) Bye-laws

Gaborone City Council (Operation of Pound) Bye-laws

Gaborone City Council (Parking Grounds) Bye-laws

Gaborone City Council (Public Land Excavation)(Control) Bye-laws

Gaborone City Council (Public Standpipes) Bye-laws

Gaborone City Council (Retail Sales of Traditional Beer) Bye-laws

Gaborone City Council (Smoking in Cinemas) Bye-laws

Gaborone City Council (Traffic) (Scheduled Areas) Bye-laws

Gaborone City Council Day-Care Centre Bye-laws

Ghanzi District Council (Barbers and Braiders) Bye-laws

Ghanzi District Council (Dogs) Bye-laws

Ghanzi District Council (Hawking and Street-Vending) Bye-Laws

Ghanzi District Council (Livestock Control) Bye-laws

Ghanzi District Council (Markets) Bye-Laws

Ghanzi District Council (Noise and Nuisance) Bye-Laws

Ghanzi District Council (Refuse) Bye-Laws

Ghanzi Township (Local Beer) Regulations

Ghanzi Township (Refuse) Bye-laws

Ghanzi Township Regulations

Hawking and Street-Vending (Model) Bye-Laws

Hawking and Street-Vending (Model) Bye-Laws (Adoption) Order

Jwaneng Town Council (Abattoir) Bye-Laws

Jwaneng Town Council (Cemetery) Bye-Laws

Jwaneng Town Council (Control of Retail Sales of Traditional Beer) Bye-laws

Jwaneng Town Council (Day Care Centre) Bye-Laws

Jwaneng Town Council (Dogs) Bye-Laws

Jwaneng Town Council (General) Bye-laws

Jwaneng Town Council (Hawking and Street-Vending) Bye-laws

Jwaneng Town Council (Nuisance Control) Bye-Laws

Jwaneng Town Council (Pound) Bye-laws

Kanye (Water Fees) Bye-Laws

Kasane Township (Temporary Structures) Bye-Laws

Kasane Township Regulations

Kgalagadi District Council (Advertisements and Hoardings) Bye-laws

Kgalagadi District Council (Barber) Bye-Laws

Kgalagadi District Council (Day-Care Centre) Bye-Laws

Kgalagadi District Council (Food-Vending) Bye-Laws

Kgalagadi District Council (Hawking and Street-vending) Bye-Laws

Kgalagadi District Council (Markets) Bye-laws

Kgalagadi District Council (Noise and Nuisance Control) Bye-Laws

Kgalagadi District Council (Refuse) Bye-Laws

Kgatleng District Council (Barber) Bye-Laws

Kgatleng District Council (Control of Livestock and other Animals) Bye-Laws

Kgatleng District Council (Cemetery) Bye-laws

Kgatleng District Council (Day Care Centre) Bye-Laws

Kgatleng District Council (Food-Vending) Bye-laws

Kgatleng District Council (Hawking and Street Vending) Bye-laws

Kgatleng District Council (Market) Bye-laws

Kgatleng District Council (Natural Resources Protection) Bye-laws

Kgatleng District Council (Noise and Nuisance) Bye-Laws

Kgatleng District Council (Operation of Pay Phones) (Control) Bye-laws

Kgatleng District Council (Refuse) Bye-Laws

Kweneng District Council (Control of Livestock and Other Animals) Bye-laws

Kweneng District Council (Dogs) Bye-laws

Kweneng District Council (Early Childhood Care and Education) Bye-laws

Kweneng District Council (Food-Vending) Bye-laws

Kweneng District Council (Hawking and Street-Vending) Bye-Laws

Kweneng District Council (Natural Resources Protection) Bye-laws

Kweneng District Council (Noise and Nuisance) Bye-Laws

Kweneng District Council (Public Standpipes) Bye-Laws

Livestock Control (Model) Bye-Laws

Lobatse Bus Terminus (Operation) Bye-laws

Lobatse Town Council (Abattoir) Bye-laws

Lobatse Town Council (Cemetery) Bye-laws

Lobatse Town Council (Dogs) Bye-laws

Lobatse Town Council (Early Childhood Care and Education) Bye-laws

Lobatse Town Council (General) Bye-laws

Lobatse Town Council (Local Beer) Regulations

Lobatse Town Council (Operation of Pound) Bye-Laws

Lobatse Town Council (Public Land Excavation) (Control) Bye-laws

Lobatse Town Council (Public Sewer) Bye-Laws

Lobatse Town Council (Public Standpipes) Bye-laws

Lobatse Town Council (Retail Sales of Traditional Beer) Bye-laws

Local Councils (Conduct of Elections) Regulations

Local Government (Declaration of Certain Areas in Mogoditshane-Thamaga District Council as Rateable Areas) Order

Local Government (Declaration of Certain Areas in Palapye District Council as Rateable Areas) Order

Local Government (Declaration of Certain Areas in South-East District Council as Rateable Areas) Order

Local Government (Establishment of Bobirwa District Council) Order

Local Government (Establishment of Boteti District Council) Order

Local Government (Establishment of Charleshill District Council) Order

Local Government (Establishment of Goodhope District Council) Order

Local Government (Establishment of Kgalagadi North District Council) Order

Local Government (Establishment of Kanye District Council) Order

Local Government (Establishment of Letlhakeng District Council) Order

Local Government (Establishment of Mabutsane District Council) Order

Local Government (Establishment of Mahalapye District Council) Order

Local Government (Establishment of Mogoditshane-Thamaga District Council) Order

Local Government (Establishment of Moshupa District Council) Order

Local Government (Establishment of Okavango District Council) Order

Local Government (Establishment of Palapye District Council) Order

Local Government (Establishment of Gamalete District Council) Order

Local Government (Establishment of Serowe District Council) Order

Local Government (Establishment of Tlokweng District Council) Order

Local Government (Establishment of Tonota District Council) Order

Local Government (Establishment of Tsabong District Council) Order

Local Government (Establishment of Tutume District Council) Order

Local Government (Valuation and Rating) Regulations

Local Government (Village or Ward Development Committee) Regulations

Natural Resources Protection (Model) Bye-Laws

Noise and Nuisance (Model) Bye-Laws

Noise and Nuisance (Model) Bye-Laws (Adoption) Order

North East District Council (Abattoir) Bye-Laws

North-East District Council (Advertisement and Hoardings Signs) Bye-laws

North East District Council (Control of Livestock and Other Animals) Bye-Laws

North East District Council (Day-Care Centre) Bye-Laws

North East District Council (Dogs) Bye-laws

North East District Council (Hawking and Street Vending) Bye-Laws

North East District Council (Markets) Bye-Laws

North East District Council (Noise and Nuisance) Bye-laws

North East District Council (Public Sewer) Bye-Laws

North East District Council (Public Standpipes) Bye-Laws

North East District Council (Refuse) Bye-laws

North East District Council (Tuck Shop, Kiosk) Bye-laws

North West District Council (Control of Livestock and Other Animals) Bye-Laws

North West District Council (Day-Care Centre) Bye-laws

North West District Council (Hawking and Street-Vending) (Model) Bye-Laws (Adoption) Order

North West District Council (Refuse) Bye-Laws

Ramotswa District Council (Control of Livestock and Other Animals) Bye-laws

Selebi-Phikwe Town Council (Abattoir) Bye-laws

Selebi-Phikwe Town Council (Cemetery) Bye-laws

Selebi-Phikwe Town Council (Dogs) Bye-laws

Selebi-Phikwe Town Council (Early Childhood Care and Education) Bye-law

Selebi-Phikwe Town Council (General) Bye-laws

Selebi-Phikwe Town Council (Pound) Bye-laws

Selebi-Phikwe Town Council (Public Standpipes) Bye-laws

Selebi-Phikwe Town Council (Retail Sales of Traditional Beer) Bye-laws

South East District Council (Early Childhood Care and Education Centre) Bye-laws

South-East District Council (Cemetery) Bye-laws

South-East District Council (Markets) Bye-laws

South East District Council (Noise and Nuisance) Bye-Laws

South East District Council (Public Sewer) Bye-Laws

South East District Council (Refuse) Bye-Laws

Southern District Council (Control of Livestock and other Animals) Bye-laws

Southern District Council (Day Care Centre) Bye-Laws

Southern District Council (Markets) Bye-laws

Southern District Council (Noise and Nuisance) Bye-laws

Southern District Council (Public Standpipes) Bye-Laws

Southern District Council (Refuse) Bye-Laws

Sowa Town Council (Roads and Traffic) Bye-laws

Sowa Township Authority (General) Bye-Laws

Sowa Township (Day-Care Centre) Bye-Laws

Sowa Township (Dogs) Bye-laws

Sowa Township (Hawking and Street Vending) Bye-Laws

Town Council (Hawking and Street Vending) Regulations

Town Council (Hawking and Street Vending) Regulations (Application) Regulations

Town Council (Keeping of Bye-laws) Regulations

Town Council (Miscellaneous Provisions) Regulations

Town Council (Public Sewers) Regulations

Town Council Regulations

Traditional Beer (Retail Sales) (Model) Bye-Laws

Traditional Beer (Retail Sales) (Model) Bye-Laws (Adoption) Order

DECLARATION OF TOWNSHIPS ORDER

(under section 2)

(7th March, 1960)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Declaration of townships

Schedule

HCN 27, 1960,
HCN 46, 1960,
HCN 82, 1962,
L.N. 31, 1966,
S.I. 65, 1969,
S.I. 126, 1969,
S.I. 26, 1970,
S.I. 70, 1970,
S.I. 18, 1973,
S.I. 115, 1974,
S.I. 43, 1976,
S.I. 56, 1976,
S.I. 58, 1978,
S.I. 51, 1979,
S.I. 5, 1981,
S.I. 25, 1981,
S.I. 38, 1981,
S.I. 137, 1984,
S.I. 99, 1985,
S.I. 32, 1990,
S.I. 60, 1991,
S.I. 23, 1992,
S.I. 38, 1996,
S.I. 25, 2001;
S.I. 79, 2002,
S.I. 18, 2004,
S.I. 5, 2005,
S.I. 53, 2005,
S.I. 76, 2006.

1. Citation

This Order may be cited as the Declaration of Townships Order.

2. Declaration of townships

The places specified in the Schedule are declared to be townships.

SCHEDULE

1. FRANCISTOWN TOWNSHIP

The boundary of the township is as follows—

Commencing at a point in the middle of the Tati River being on the prolongation of the boundary “Ez” as shown on diagram SG No. 6551/55, the boundary runs south-eastwards along the said boundary “Ez” to a point in the middle of the Inchwe River being on the prolongation of the said boundary “Ez”; thence in a northerly direction along the median line of the Inchwe River to a point on the prolongation of the boundary “Ba” as shown on diagram SG No. 2134/55 of the Farm 33-NQ (now Lot 1127); thence eastwards along the said boundary “aB” and southwards through the beacon lettered “C” to the beacon lettered “D” on the said diagram SG No. 2134/55 and lettered “B” on diagram 6509/55 of the Farm 34-NQ (now Lot 1128); thence eastwards to the beacon lettered “C” on the said diagram SG No. 6509/55; thence southwards to the beacon lettered “M” on diagram DSL 124/84 of the Farm 88-NQ; thence south-eastwards to the beacon lettered “D” on the diagram SG No. 9389/56 of the Farm 32-NQ and lettered “A” on diagram SG No. 9388/56 of the Farm 36-NQ; thence generally southwards through the beacons lettered “F” and “E” to a point in the middle of the Tati River lettered “e” on the said diagram SG No. 9388/56; thence generally south-westwards along the median-line of the said Tati River to a point “b” being on the prolongation of the boundary “CB” as shown on diagram SG No. 4909/58 of the Farm 78-NQ; thence westwards through the beacons lettered “B” and “C” of the said diagram SG No. 4909/58, the said beacon “C” lying on the boundary “BA” on diagram SG No. 1908/16 of the Farm 42-NQ; thence continuing westwards along the said boundary “BA” to the point where the prolongation of the boundary intersects the western boundary of the Railway Strip No. 9-OQ; thence in a southerly direction to the beacon labelled “B” on diagram DSL 435/93 of Portion 117 of the Farm Gerald Estates 35-NQ; thence westwards along the northern boundary of the said Portion 117 of the Farm Gerald Estates 35-NQ to the beacon labelled “A” on the said diagram DSL 435/93, being a point on the eastern boundary of the Farm 44-NQ; thence northwards along the said boundary to a beacon labelled “A” on diagram SG No. 9426/56 of the said Farm 44-NQ and labelled “B” on diagram SG No. 9425/56 of the Farm 43-NQ: thence continuing northwards along the eastern boundary of the said Farm 43-NQ to a beacon labelled “A” on the said diagram SG No. 9425/56; thence westwards to a beacon labelled “D” on the said diagram SG No. 9425/56, being a beacon on the left bank of the Shashe River; thence generally northwards along the left bank of the said Shashe River to a beacon labelled “k” on diagram DSL. 56/82 of Portion 1 of the Farm 23-NQ; thence generally eastwards to a beacon labelled “J” on the said diagram DSL 56/82 and continuing in an easterly direction to a beacon labelled “D” on diagram SG No. 3753/56 of the Farm 23-NQ; thence in a north-north-westerly direction along the eastern boundary of the said Farm 23-NQ to a beacon labelled “D” on diagram SG No. 3754/56 of the Farm 25-NQ; thence in an easterly direction along the southern boundary of the said Farm 25-NQ through a beacon labelled “C” on the said diagram SG No. 3754/56 to a point in the middle of the Tati River; thence in a southerly direction along the median line of the said Tati River to the point of commencement, as will more fully appear on Plan NQ-113(b) deposited with the Director of Surveys and Mapping in Gaborone.

2. GABORONE CITY

The boundaries of the City are as follows:

Commencing at beacon B, being the most northern beacon of Lot 10091 Gaborone diagram DSL No. 785/89 formerly Portion 139 of the Farm Content No.1 – KO the boundary runs in a southeasterly direction along the north eastern boundary of the said diagram through beacon C of the said diagram and beacon A of the Farm Sowenflat No. 2 – KO diagram A339/1916 being also part of the south eastern boundary of the Bakgatla Tribal Territory, to beacon B of the said diagram; thence along the prolongation of the said boundary to its intersection with the median line of Notwane River; thence in a generally southwestwards direction along the median line of the Notwane River to beacon “a” of Lot 13043 Gaborone diagram DSL No. 148/80; thence in a southeasterly direction along the common boundary with the Farm Notwane No. 14 – KO through beacon F to beacon G of the said Lot 13043 Gaborone, the said beacon G being also beacon A of Lot 16373 Gaborone diagram DSL No. 18/84; thence along the said common boundary to beacon B of the said Lot 16373 Gaborone; thence generally southwestwards through beacons C, D, E, F, G, and H of the said Lot 16373 Gaborone; thence in a generally southwesterly direction through beacons B, C, D, E, F, G, H, J, K, L, M, N, P, Q, and R of Lot 16374 Gaborone, diagram DSL No. 17/84, R being also beacon B of Lot 16375 Gaborone diagram DSL No. 16/83; thence in a generally southwesterly direction through beacons C, D, E, F, G, H, J, K, L, M, N, P, Q, and R of the said Lot 16375, R being also a beacon on the International Boundary between the Republics of Botswana and South Africa; thence westwards along the said International Boundary through beacon S of the said Lot 16375 Gaborone, S being also beacon A of Lot 16385 Gaborone diagram DSL No. 44/85; thence eastwards to a point of intersection with the median line of Notwane River; thence generally in a southerly direction along the median line of the said Notwane River to beacon B of the said Lot 16385; thence generally westwards through beacons B, C, D, E, F, G, H and J of the said Lot 16385, thence in a westerly direction to beacon G of Lot 16845 Gaborone, diagram DSL No. 2/85; thence generally southwestwards through beacons H, J, K, L, M, and N of the said Lot 16845, N being also beacon C of Lot 16850, Gaborone diagram DSL No. 1/85; thence generally northwestwards through beacons D, E, F, G, H and A of the said Lot 16850 Gaborone, diagram DSL No. 1/85 A being also beacon T of Lot 17395 Gaborone, diagram DSL No. 3/85; thence generally in a westerly direction along the boundaries of the said Lot 17395 Gaborone, through beacons U, V, W, X, Y, Z, A’, B’, C’, D’, E’, F’, G’, H’, J’, K’, L’, M’, N’, P’, Q’, R’, A and southeastwards to beacon C of the said Lot 17395, C being also beacon A of Lot 17406 Gaborone, diagram DSL No. 175/86; thence generally northeastwards through beacons B, C, D, E, F, G, F, H, J, L, M, N, P, Q, R, S, T, U, V, W, X, and Y of the said Lot 17406 Gaborone; thence in a northwesterly direction to beacon B and southwesterly to beacon C of Lot 51543 Gaborone, diagram No. DSL 192/92 C being also beacon B of Lot 51542 Gaborone diagram DSL No. 1209/91; thence southwestwards, to beacon C and generally northwestwards through beacons D, E and F of the said Lot 51542 Gaborone; thence northwestwards through beacons C and D and northeastwards to beacon A of Lot 51541 Gaborone, diagram DSL No. 1208/91; thence in a northwesterly direction to beacon B of Forest Hill 9 – KO diagram SG No. 9 of 1970, being also beacon Y of Lot 8928 Gaborone, diagram DSL No. 227/81; thence in a northeasterly direction to beacon A of the said Lot 8928 Gaborone, being also beacon E of Lot 17405 Gaborone, diagram DSL. No. 222/86; thence in a northeasterly direction along the common boundary of the said Lot 17405 Gaborone with the Bakwena Tribal Territory to beacon E of Tribal Grant 2321 – KO, diagram DSM No. 1130/2004; thence northwestwards to beacon F, and northwards through beacons G, H, J, and westwards through K, L, and M; thence northeastwards to beacon A of the said Tribal Grant, A being also beacon E of Lot 17401 Gaborone diagram DSL No. 177/82 (Gaborone International Airport); thence generally in a clockwise direction along the boundary of the said Lot 17401 through beacons F, G, H, J, K, L, M, N, P, Q, R, to beacon A of the said diagram, A being a beacon on the northwestern boundary of Lot 31304 Gaborone diagram DSL No. 208/81, (formally Portion 4 of the Farm Content No. 1 – KO); thence in a northeasterly direction along the said boundary through beacon A of the said diagram to the point of commencement as will more fully appear on Plan No. KO – 113i deposited with the Director of Surveys and Mapping in Gaborone.

3. GHANZI TOWNSHIP

Ghanzi Township comprises the Remainder of the Farm 150-NK as will more fully appear on Plan NK-22 deposited with the Director of Surveys and Lands in Gaborone.

4. JWANENG TOWNSHIP

That piece of land designated Tribal Grant No. 1-KN, situate in the Southern Administrative District, measuring 9972, 5788 hectares in extent, the boundaries of which are delineated on Diagram D.S.L. No. 79/79 approved by the Director of Surveys and Lands on 22nd May, 1979.

5. KASANE TOWNSHIP

The boundary of the Township is as follows—

Commencing at point “A”; being a point on the International Boundary between the Republic of Botswana and the Caprivi Strip, where the northern prolongation of the line between beacon “KRM 14 AS” and beacon “C” of Lot 706, Kasane, meets the said International boundary, the boundary runs southwards through beacon “C” of Lot 706, Kasane, vide diagram D.S.L. No. 149/80 being point “B”, co-ordinates Y=19586.86 X=1966967.96; thence continuing southwards to beacon “KRM 14 AS” at the junction of the Kasane/Kazungula road with the Kazungula/Ngoma Bridge road, being point “C”, co-ordinates Y=19611.86 X=1967468.88; thence in a south-westerly direction along the northern edge of the new Kazungula/Ngoma Bridge road, to a beacon “TS1”, co-ordinates Y=19199.01 X=1967524.08, being point “D”; thence in a southerly direction to a beacon “FR 23” on the northern side of firebreak No. 2, co-ordinates Y=19349.34 X=1968065.96 being point “E”; thence in a westerly direction along the northern edge of firebreak No. 2 to a beacon “TS2” at the intersection of the said firebreak No. 2 with the northern edge of the Kazungula/Ngoma Bridge road, co-ordinates Y=18002.00 X=1968518.54, being point “F”; thence in a general south-westerly direction along the northern edge of the Kazungula/Ngoma Bridge road to a beacon “TS3” on the south-western side of firebreak No. 5 co-ordinates Y=16696.59 X=1969864.10, being point “G”; thence north-westwards in a straight line to beacon “B” of Lot 2 Kasane, vide diagram D.S.L. No. 5667/61, being point “H”; thence in a south-westerly direction along the eastern boundary of the said Lot 2 Kasane, to beacon “C” thereof, being point “I”; thence in a south-westerly direction to beacon “B” of Lease Area 6-RO, vide diagram D.S.L. No. 170, being a point “JK”; thence in a west-northwesterly direction along the northern boundary of the said Lease Area 6-RO, through beacon “A” and thereon until the prolongation of the line “A” meets the International boundary between the Republic of Botswana and the Caprivi Strip, being point “K”; thence in a northerly and easterly direction along the said International boundary to point “A”, being the point of commencement; as will more fully appear on Plan RO-40a, deposited with the Director of Surveys and Lands, Gaborone. Co-ordinates are in metres on Trigonometrical System Lo 25°.

6. LOBATSE TOWNSHIP

The boundary of the Township is as follows:

Commencing at the most northern beacon 8 JOD of Lot 13401 Lobatse (formally farm Woodlands No. 8 – JO), the boundary runs in a southeasterly direction along the common boundary of the farm Sunnyside No. 34 – JO and Lot 13401 Lobatse (formally Woodlands No. 8 – JO) to beacon 34JOC on the International Boundary of the Republics of Botswana and South Africa, the said beacons being identical to the corresponding beacons, A and B of Diagram No. 3253/1927; thence southwards along the eastern boundary of Lot 13401 Lobatse (formally Woodlands No. 8 -JO) and Lot 13402 Lobatse (formally Tsinani No. 9 – JO) to beacon C/Tsinani, and westwards along the southern and northern boundary of Lot 13402 Lobatse (formally Tsinani No. 9 – JO) and Traverston No. 10 – JO, respectively, to beacon D/Tsinani, the said beacons being beacons C and D of Diagram DSL No. 116/86 Lobatse; thence southwards along the common boundary of the farm Traverston No. 10 – JO and Lot 2622 to beacon M/2622 being beacon M of Diagram DSL No. 4229/94 Lobatse; thence northwestwards along the common boundary of Lot 2622 and the Remainder of portion 2 of the farm Readfontein No. 19 – JO to beacon H/SR4/70, thence southwestwards Along the common boundary of Lot 13579 (Formally Portion 1 of the Farm Readfontien No. 19 – JO) and portion 2 of the same farm Readfontein No. 19 – JO, through beaconK/SR4/70 to beacon H/126/83 the said beacons being beacons h, k and m of diagram DSL No. 1848/1919 Lobatse, Thence in a northwesterly direction through beacon C/649/92 to beacon B/649/92, the beacons being identical to the corresponding beacons B and C of Diagram DSL No. 649/92 Lobatse; thence South westerly to beacon Ri, being beacon of General Plan L27a and generally northwesterly through beacons R1 to Le being beacons of General Plan L27a; thence generally southwards along the eastern boundaries of Lots 333, 620, 330, 329 and Lot 13403 Lobatse (Formally farm 15 – JO), through beacon Q/620 being beacon C of Diagram DSL No. 319/61 Lobatse, beacons C/330 and R/330 being beacons c, and a of Diagram DSL No. A4539/1929 Lobatse, beacons S/330 and D/329 being beacons C, and d of Diagram DSL No. 4538/1929, beacon R7 of Diagram DSL No. 8125/59 Lobatse, and beacons C/15JO, D/15JO, E/15JO, F/15JO, G/15JO, H/15JO, J/15JO, K/15JO to L/15JO being beacons C, D, E, F, G, H, J, K and L, of Diagram DSL No. 7459/59 Lobatse; thence generally westwards along the southern boundary of Lot 13403 Lobatse (formally farm 15 – JO), through beacons N/15JO, O/15JO, P/15JO, Q/15JO, R/15JO, S/15JO, S1/15JO, T/15JO, U/15JO to V/15JO being beacons N, O, PQ, R, S, S1, T, U and V of the said Diagram DSL No. 7459/59 Lobatse; thence Northwards along the boundary between Lot 13403 Lobatse (formally farm 15 – JO) and the Bangwaketse Tribal Territory, and eastwards along the boundary between farm Geluk No. 14 – JO and Lot 13403 Lobatse (formally farm 15 – JO) through beacon A/15JO to B/15JO, being beacons A and B of the said Diagram DSL No. 7459/59 Lobatse; thence generally Northwards along the eastern boundary of the farm Nooitgedacht No. 13 – JO through beacon P1/321 being beacon A of Diagram DSL No. 4820/59 Lobatse, beacons F/321, A/321, being beacons F and A of Diagram DSL No. 4821/59 Lobatse, and beacon P2/321 being beacon O of Diagram DSL No. A2647/1927 Lobatse to beacon A2 of Diagram DSL No. A. 216/1929 Lobatse; thence westwards along the common boundary of Lot 1 and the farm Nooitgedacht No. 13 – JO to beacon B/Lot 1 and northwards along the western boundary of Lot 1 through beacon C2 to beacon D/Lot 1 being beacons C2 and d of Diagram DSL No. A216/29 Lobatse; thence eastwards along the common boundary of the farm Knockduff No. 6 – JO and Lot 1 Lobatse through beacon E/Lot 1, to beacon F/Lot 1 being beacons E and F of the said Diagram DSL No. A216/29 Lobatse; thence northwards along the western boundary of Lot 13448 Lobatse (formally the remainder of portion 2 Goed Hoop) through beacons L, M, N, O, P, Q, R, S, T, U, A, being beacons of Diagram DSL No. A 4065/1926 Lobatse, and northwards along the western boundary of Lot 13578 (formally remainder of portion 1 Spitskop) through beacons E9, F9, G9, H9, J9, and A/SPITS; being beacons H, J, K, L, M, N, and A of Diagram DSL No. A4064/1926 Lobatse; thence along the boundary between Lot 13401 Lobatse (formally farm Woodlands No. 8 – JO) and the Railway strip No. 7 – JO through beacons K9, L9, M9, N9, O9, P9, Q9, and R9 being beacons K, L, M, N, O, P, Q, R of Diagram DSL No. A. 3253/27 Lobatse to the point of commencement, and shall exclude Portion 3 (a portion of portion 1 of the farm Readfontein No. 19 – JO) as will more fully appear on Plan No. JO – 109F deposited with the Director of Surveys and Mapping, Gaborone.

7. SELEBI-PHIKWE TOWNSHIP

The boundary of the township is as follows—

Commencing at beacon A of diagram DSL No. 13/70 of Lot 1 Selebi Phikwe, being also beacon Q of diagram DSL No. 12/70 (Mining Lease Area No. 13 -NQ, the boundary runs generally south east wards through beacons B (BPT 492), C, and D of the said Lot 1 Selebi Phikwe, to beacon N of Lot 16001 Selebi Phikwe, diagram DSM No. 1715/04; thence generally northwards and through beacons P, Q, R, S, T, A, and B to its intersection with the eastern boundary of Lot 12700 Selebi Phikwe diagram DSM No. 1486/04 at beacon A of the said Lot; thence south westwards along the said boundary, being also the boundary between Selebi Phikwe township and the Central District through Trigonometrical Station BPT162 to beacon B of Lot 12701 Selebi Phikwe diagram DSM No. 1487/ 04, being also the intersection point of the said boundary and the Selebi Phikwe/Sefophe Road; thence generally north westwards along the western edge of the Selebi Phikwe/Sefophe Road, through beacons C, D, E, F, G, H, J, K, L, M, N, P, Q, R, S, T, U, V, W, of the said Lot to its intersection with the southern boundary of Lot 1 Selebi Phikwe, at beacon X of Lot 12701 Selebi Phikwe; thence west, southwest and north westwards in a clockwise direction through beacons G, H, J and K of Lot 1 Selebi Phikwe to the point of commencement as will more fully appear on Plan No. NQ – 89b deposited with the Director of Surveys and Mapping in Gaborone.

8. SOWA TOWNSHIP

The boundary of the township is as follows—

Commencing at a point “A”, approximate co-ordinates Y = 80 600, X = 69 800, situated to the south east of a settlement called Nxakato and near the eastern edge of a track meeting the Francistown-Nata Road at a place called Semowane, to the north, and crossing the River Mosetse at Tshuane, to the south, the boundary runs in a south-easterly direction for a distance of approximately 3,6 km to a point “B”, approximate co-ordinates Y = 77 200, X = 71 000; thence continues in a south-easterly direction for an approximate distance of 3,5 km to a point “C”, approximate co-ordinates Y = 74 700, X = 73 400, situated to the north of a track from Tutume crossing the Francistown-Nata road near Mhatane; thence southwards for an approximate distance of 10,1 km to a point “D”, approximate co-ordinates Y = 77 400, X = 83 100; thence in a westerly direction for an approximate distance of 14,6 km to a point “E”, approximate co-ordinates Y = 91 800, X = 80 500; thence in a north-easterly direction for a distance of approximately 11,4 km to a point “E”, approximate co-ordinates Y = 85 000, X = 71 400; thence continuing generally in a south-easterly direction for a distance of approximately 4,7 km to the point of commencement, as will more fully appear on Plan OP 3 deposited with the Director of Surveys and Lands. Co-ordinates are in metres based on Trigonometrical System Lo 27°.

DECLARATION OF SOWA TOWNSHIP ORDER

(under section 2)

(11th May, 1990)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Declaration of Township

Schedule

S.I. 32, 1990.

1. Citation

This Order may be cited as the Declaration of Sowa Township Order.

2. Declaration of Township

The area described in the Schedule hereto is hereby declared to be Sowa Township.

SCHEDULE

SOWA TOWNSHIP

The boundary of the township is as follows—

DECLARATION OF GABORONE TOWNSHIP AS A CITY ORDER

(under section 3)

(1st July, 1986)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Declaration of Gaborone Township as a City

Schedule

G.N. 229, 1986,
S.I. 79, 1987,
S.I. 89, 1990.

1. Citation

This Order may be cited as the Declaration of Gaborone Township as a City Order.

2. Declaration of Gaborone Township as a City

The area defined as the Gaborone Township in the Declaration of Township Order is hereby declared to be a city, the boundaries of which are set out in the Schedule hereto.

SCHEDULE

GABORONE CITY

The boundaries of the City are as follows:

Commencing at beacon “A” of the Farm Sowenflat on diagram A339/1916 the boundary runs in a southeasterly direction in a straight line through beacons “B” of the said diagram A339/1916 to a point in the middle of the Ngotwane River; thence in a generally southwestwards direction along the median-line of the Ngotwane River to beacon “C” of the said diagram A339/1916, being also beacon “B” of Portion 1 of the Farm Glenvalley No. 3-KO vide Diagram No. 609/43; thence in a west-northwesterly direction through beacon “B” of the said diagram No. 609/43 to beacon “A” of the said Portion 1 of the Farm Glenvalley No. 3-KO; thence in a generally southerly direction through beacons “H”, “G” and “F” to beacon “E”, being also beacons defining the eastern boundary of the Railway Strip No. 16-KO; thence in a southwesterly direction along the eastern boundary of the Railway Strip 16-KO to beacon “D” of the Farm Glenvalley No. 3-KO vide diagram 3 222/1912; thence in a southeasterly direction through beacon “C” of the said diagram No. 3 222/1912 to a point in the middle of the Ngotwane River; thence in a generally southwestwards direction along the median line of the Ngotwane River to beacon “A” of Lot 13 043 Gaborone (formerly Lot 6652 Gaborone and earlier Portion 1 of the Farm Kentholme No. 13-KO) as shown on diagram DSL No. 148/80; thence in a straight line in a southeasterly direction through beacon “F” to beacon “G” of the said diagram, which beacon is lettered “A” on diagram DSL No. 18/84 of Portion 2 of the Farm Kentholme No. 13-KO; thence continuing round the boundaries of the said Portion 2 of the Farm Kentholme through “B”, “C”, “D”, “E”, “F”, “G”, and “H” of the said diagram 18/84; thence continuing in a generally southwesterly direction along the boundaries of Portion 2 of the Farm Werribee No. 12-KO through beacons “B”, “C”, “D”, “E”, “F”, “G”, “H”, “J”, “K”, “L”, “M”, “N”, “P”, “Q”, and “R” of diagram DSL No. 17/84; thence continuing in a generally southwesterly direction along the boundaries of Portion 2 of the Farm Atholl Holme No. 11-KO through beacons “B”, “C”, “D”, “E”, “F”, “G”, “H”, “J”, “K”, “L”, “M”, “N”, “P”, “Q”, and “R”, of diagram DSL NO. 16/83, “R” being a beacon of the International Boundary between Botswana and the Republic of South Africa; thence west-northwest for 490.31m along the said International Boundary to beacon “S” of the said diagram DSL No. 16/83; thence to a point in the middle of the Ngotwane River directly on line between the said beacon “S” of diagram DSL No. 16/83 and a beacon lettered “A” on diagram DSL No. 44/85 of Portion 57 of the Farm Crocodile Pools No. 15-KO; thence in a generally southerly direction along the median line of the Ngotwane River to a point lettered “B” on the said diagram 44/85; thence along the boundaries of Portion 57 of Crocodile Pools No. 15-KO, through beacons “B”, “C”, “D”, “E”, “F”, “G”, “H”, and “J” of the said diagram DSL No. 44/85; thence in a westerly direction to a beacon “G” on the eastern boundary of Portion 56 of the Farm Crocodile Pools No. 15-KO as shown on diagram DSL No. 2/85; thence generally southwestwards along the boundaries of the said Portion 56 of the Farm Crocodile Pools No. 15-KO through beacons “H”, “J”, “K”, “L” “M”, and “N” of the said diagram DSL No. 2/85; thence along the boundaries of Portion 25 of the Farm Traquair No. 10-KO through beacons “D”, “E”, “F”, “G”, “H”, “J” and “A” of diagram DSL No. 1/85; thence along the boundaries of Tribal Grant No. 21-KO, through beacons “U”, “V”, “W”, “X”, “Y”, “Z”, “A”, “B”, “C”, “D”, “E”, “F”, “G”, “H”, “J”, “K”, “L”, “M”, “N”, “P”, “Q”, “R”, and “A” of diagram DSL No. 3/85; thence southerly for 130.22 metres to beacon “B” of the said diagram DSL No. 3/85; thence continuing in a straight line to beacon “B” of Portion 8 of the Farm Forest Hill No. 9-KO,(now lot 17406 Gaborone) as shown on diagram DSL No. 175/86; thence along the western boundary of the said Portion 8 of the Farm Forest Hill No. 9-KO through beacons “C”, “D”, “E”, “F”, “G”, “H”, “J”, “K”, “L”, “M”, “N”, “P”, “Q”, “R”, “S”, “T”, “U”, “V”, “W”, “X” and “Y” of the said diagram DSL No. 175/86; thence in a northwesterly direction along the northeastern boundary of the Farm Forest Hill No. 9-KO to a beacon lettered “B” on diagram SG No. 9 of 1970; being also “Y” of diagram DSL No. 227/81 of Lot 8 928 Gaborone; thence in a northeasterly direction along the western boundary of Lot 8 928 Gaborone to beacon “A” of the said diagram DSL No. 227/81, being also beacon “E” of Lot 17405 Gaborone (formerly Remainder of the Farm Broadhurst B No. 4-KO) as shown on diagram DSL No. 222/86; thence in a northeasterly direction along the western boundary of the said Lot 17405 Gaborone through beacon “F” of the said diagram DSL No. 222/86 to beacon “C” of diagram DSL No. 177/82 of Lot 17401 Gaborone (formerly Tribal Grant 8-KO Gaborone International Airport); thence clockwise along the boundaries of the said Lot 17401 through beacons “D”, “E”, “F”, “G”, “H”, “J”, “K”, “L”, “M”, “N”, “P”, “Q”, “R”, “A”, and “B” of the said diagram DSL No. 177/82, “B” being also beacon “A” of diagram DSL No. 221/86 of Lot 17404 Gaborone (formerly the Remainder of the Farm Content No. 1-KO); thence in a southeasterly direction along the northern boundary of the said Lot 17 404 Gaborone to beacon “B”, being also a point on the western boundary of the Railway Strip No. 16-KO; thence along a straight line to beacon “A” of the diagram DSL No. 29/81 of Portion 1 of the Farm Sowenflat No. 2-KO; thence in a straight line in a generally northeasterly direction along the eastern boundary of the Railway Strip to the point of commencement as will more fully appear on Plan KO 113g deposited with the Director of Surveys and Lands in Gaborone.

DECLARATION OF FRANCISTOWN AS A CITY ORDER

(under section 3)

(19th September, 1997)

S.I. 81,1997.

WHEREAS by the High Commissioner’s Notice No. 27 of 1960 (Declaration of Townships), Francistown was declared to be a Township, and a Town Council was established for the governance and administration of the said Township by the Establishment of Francistown Town Council Order (Legal Notice No. 50 of 1966);

AND WHEREAS at all times since then the Mayor and Councillors of the Town Council of Francistown have exercised their powers and functions with outstanding devotion to their duties with benevolent concern for all the residents of Francistown;

AND WHEREAS for divers good causes and considerations it is desired to confer on the Township of Francistown the status of a City;

AND WHEREAS I AM empowered by section 3 of the Townships Act to declare any township in Botswana to be a City;

NOW THEREFORE know ye that in exercise of the said powers I, QUETT KETUMILE JONI MASIRE, President of the Republic of Botswana, do hereby declare Francistown Township to be a City from this 30th day of August, in the year of Our Lord One Thousand Nine Hundred and Ninety Seven, and that henceforth it shall have all rank, liberties, privileges and immunities as are incident to a City;

GIVEN under my hand and the Public Seal this 30th day of August, in the year of Our Lord One Thousand Nine Hundred and Ninety Seven.

SOWA TOWNSHIP (DAY-CARE CENTRE) BYE-LAWS

(section 6A)

(11th September, 2009)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

PART I
Preliminary

1. Citation

2. Interpretation

3. Licensing of day-care centres

4. Duration and renewal of day-care licence

5. Suspension and revocation of licence

6. Licence to be displayed

7. Transfer of licence

8. Closure of day-care centres

PART II
Premises

9. Type of premises used

10. Outdoor play areas

11. Toilets

12. Washing facilities

13. Kitchen

14. Furniture and classroom equipment

15. Fire extinguisher

16. First aid requirements

17. Cleanliness

18. Smoking

19. Pets

20. Transportation

21. Use of premises for other activities

PART III
Operation and Staff of the Centre

22. Hours of operation

23. Resting period

24. Age of admission

25. Staff

26. Staff-child ratio

27. Curriculum

28. Register to be kept

PART IV
Powers of Entry, Offences and Penalties

29. Appeals

30. Powers of entry

31. Offences and penalties

Schedule

S.I. 78, 2009.

PART I
Preliminary (bye-laws 1- 8)

1. Citation

These Bye-Laws may be cited as the Sowa Township (Day-Care Centre) Bye-Laws.

2. Interpretation

In these Bye-Laws, unless the context otherwise requires—

“authorised officer” means the Township Authority or any employee of the Council duly authorised, in writing, by the Council to perform duties under these Bye-Laws;

“care giver” means a person trained to teach, train, and care for babies and children below the age of six, and registered as such with the Sowa Township Authority;

“Authority” means the Sowa Township Authority;

“day-care centre” means a place for the care, education and supervision of children below the age of six;

“licence” means a licence issued under bye-law 3;

“qualified teacher” means a teacher qualified to the satisfaction of the Ministry of Education, to teach children below the age of six.

3. Licensing of day-care centres

(1) A person shall not operate a day-care centre (hereinafter referred to as a “centre”) without a licence issued by the Authority.

(2) A person under the age of 18 years shall not operate a centre.

(3) Any person who wishes to operate a centre shall make an application for a licence to the Authority, in Form 1 set out in the Schedule hereto, giving details of—

(a) the premises intended to be used for the centre;

(b) the names and qualifications of all the teachers and assistants to be employed at the centre; and

(4) Upon receipt of the application, the Authority shall cause to be conducted such inspections as it may consider appropriate to ensure that the premises of the centre comply with the relevant health and building control standards.

(5) If the Authority is satisfied that the proposed centre meets all the requirements of these Bye-Laws and any other relevant legislation, it may, on payment of a fee of P100, issue to the applicant a licence in Form 2 set out in the Schedule hereto.

(6) A licence issued under sub-bye-law (5) may be subject to such conditions as the Council considers necessary, which conditions shall be endorsed on the licence.

(7) A person who contravenes sub-bye-law (1) commits an offence and is liable to the penalties prescribed under bye-law 31.

4. Duration and renewal of day-care licence

(1) A licence issued under bye-law (3) shall be valid until the 31st December of the year of issue.

(2) A licence shall be renewable from year to year, on payment of an annual fee of P100.

(3) An application for the renewal of a licence shall be made in Form 3 set out in the Schedule hereto.

5. Suspension and revocation of licence

(1) The Authority may—

(a) suspend a licence issued under bye-law 4 where—

(i) any condition of the licence is not adhered to;

(ii) a centre has failed to comply with these Bye-Laws; or

(iii) an authorised officer, after conducting an inspection, has recommended a suspension of the licence due to a failure of the centre to comply with the relevant health standards.

(b) revoke a licence issued under bye-law 3 where—

(i) a centre has failed to comply with any of the conditions of the licence;

(ii) a centre has contravened or failed to comply with any of the provisions of these bye-laws; or

(iii) an authorised officer, after conducting an inspection, has recommended a revocation of the licence due to any reason.

(2) Any suspension or revocation of a licence under this bye-law shall be published by notice in the Gazette, and two newspapers in circulation in Botswana.

6. Licence to be displayed

The licence shall be conspicuously displayed in the premises of the centre.

7. Transfer of licence

A person, to whom a licence has been issued under these Bye-Laws shall not cede, transfer or lease the licence to any person.

8. Closure of day-care centres

The Authority may cancel the licence of, and require the closure of, any centre which contravenes or does not comply with any of the provisions of these Bye-Laws.

PART II
Premises (bye-laws 9-21)

9. Type of premises used

(1) An occupied residential house shall not be used as a centre unless the portion to be used for the centre can be separated, to the satisfaction of the Authority, from the portion used for residential purposes.

(2) A garage or verandah shall not be used as a classroom for a centre.

(3) Premises used for a centre shall be constructed in accordance with, and from material permitted by the appropriate building regulations, and the floors shall be smooth and tiled or carpeted, and every classroom or rest room shall be adequately lit and ventilated.

(4) The size of rooms to be used as classrooms shall directly relate to the number of children permitted to use them at any one time, so that for each child there shall be the equivalent of 1,5 square metres.

(5) In every centre there shall be a room, equipped with a bed with a mattress and clean linen, in which a sick child can rest and be isolated.

(6) Premises used for a centre shall be adequately and securely fenced in, and shall be adequately set back from busy roads or roads regularly used by heavy traffic.

10. Outdoor play areas

(1) The outdoor play areas shall provide a minimum area of not less than 2 cubic metres for each child attending the centre, and shall have a flat, generally dry surface, with adequate shade.

(2) The outdoor play areas shall be provided, to the satisfaction of the Authority, with play equipment such as sand pits, swings, slides and climbing frames adequate for the number of children attending at the centre.

(3) The outdoor play areas shall be free from sharp objects or any discarded material, equipment, or any other objects which may pose a danger to children.

11. Toilets

(1) Every centre shall be provided with separate toilets for members of staff and for children, which shall be well lit, well ventilated, and have adequate running water.

(2) Toilets for children shall be—

(a) separated according to gender; and

(b) installed with standard junior toilets and hand wash basins, so that there shall be one toilet and one wash hand basin for every 15 children.

(3) The toilets and hand wash basins shall be kept clean, sterile and in a state of good repair.

(4) Storage facilities for towels, face cloths and personal belongings of the members of staff shall be separate from similar facilities for children.

12. Washing facilities

At every centre there shall be maintained on the premises, a facility for washing clothes, towels, blankets and any other linen used at the centre.

13. Kitchen

(1) A centre which operates for more than five and a half hours shall have a kitchen with adequate hot and cold water.

(2) A centre which operates for more than five and a half hours shall provide each child with at least one cooked meal.

(3) Where food or formula is brought into a centre by the children there shall be provided adequate and hygienic facilities for the storage and refrigeration of the food or formula.

(4) There shall be available for inspection a detailed menu of the food provided, with a suitably balanced diet, stating—

(a) the time for serving the meal; and

(b) the quantities to be served.

(5) Where a centre operates for less than five and a half hours, each child shall be provided with at least one snack.

(6) The utensils, cutlery and crockery used in the kitchen shall be of a shape and size suitable for the children admitted at the centre.

14. Furniture and classroom equipment

(1) At every centre there shall be provided, to the satisfaction of the Authority, an adequate supply of furniture and other equipment suitable for use in a centre, such as reading material, picture books, blackboards, toys, paints, crayons, moulding clay, puzzles and beads.

(2) The Authority may require or approve additional or alternative equipment to that referred to in sub-bye-law (1).

15. Fire extinguisher

At every centre there shall be maintained, and made readily accessible at all times, a portable fire extinguisher.

16. First aid requirements

(1) At every centre there shall be maintained, and made readily accessible at all times, a first aid box or cupboard containing an adequate supply of dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectant, safety pins, and a tourniquet.

(2) A member of staff shall not administer any medication to a child without the consent of the child’s parent or guardian.

17. Cleanliness

(1) At every centre there shall be, at all times, a high standard of maintenance and cleanliness in the centre.

(2) The owner of a centre shall ensure that any member of staff or child under the care of the centre, suffering from, or suspected to be suffering from, an infectious disease, is immediately isolated from contact with other children or members of staff.

18. Smoking

A person shall not smoke anywhere within the premises of a centre, and a notice to this effect shall be displayed prominently at the entrance to the centre.

19. Pets

Animals, whether pets or otherwise, shall not be permitted within any area used as a centre, without the written permission of the Authority.

20. Transportation

(1) Where a centre provides for the transportation of children the vehicle used shall be enclosed and with adequate and comfortable sitting space for each child carried in it.

(2) The owner of a centre shall ensure that a vehicle used to transport the children is insured at all times.

21. Use of premises for other activities

Except with the written permission of the Authority, the premises of the centre shall not be used for any activity which is not in the ordinary course of operating a centre.

PART III
Operation and Staff of the Centre (bye-laws 22-28)

22. Hours of operation

A centre shall not, except with the approval of the Authority, operate—

(a) on Saturdays, Sundays or public holidays, or

(b) outside the hours between 7 am and 5 pm.

23. Resting period

The owner of a centre shall ensure that all children at the centre shall have a common resting period of not less than one hour each afternoon.

24. Age of admission

No child shall be admitted to, or be allowed to remain at a centre, without written permission of the Authority, if the child is over the age of six years.

25. Staff

(1) Subject to the provisions of bye-law 26, a centre shall have a minimum of two qualified teachers, and at all times there shall be at least one such teacher on duty.

(2) A centre shall at all times have at least one teacher on duty for every 30 children.

(3) A centre may employ assistants to assist the qualified teachers to supervise and look after children at the centre.

(4) All members of staff employed at the centre shall undergo a medical exam, including an x-ray, before being employed, and thereafter at six monthly intervals.

(5) No person shall be employed, or continue to be employed at a centre if he or she—

(a) is certified under the Mental Disorders Act (Cap. 63:02), to be suffering from a mental disorder;

(b) has been convicted of a sexual offence, or

(6) All members of staff employed at a centre shall at all times wear clean uniforms or clothing.

26. Staff-child ratio

(1) A centre shall have a maximum of—

(a) 25 children aged between two and a half and four years old per class;

(b) 30 children aged between four and six years old per classroom; and

(2) A centre shall have a minimum of—

(a) one qualified teacher per class; and

(b) one care assistant per 10 babies.

27. Curriculum

The curriculum followed at a centre shall adhere to the standards set by the Ministry of Education.

28. Register to be kept

The owner of a centre shall open and maintain, or cause to be kept and maintained a register in which shall be recorded—

(a) in relation to each child admitted at a centre—

(i) the name and date of birth, and

(ii) the names, addresses and telephone numbers of his or her parent or guardian; and

(b) the names and qualifications of all the members of staff employed at the centre.

PART IV
Miscellaneous (bye-laws 29-31)

29. Appeals

A person who is aggrieved by a decision of the Authority may, within 30 days of notification of that decision, appeal to the Minister in writing.

30. Powers of entry

An officer of the Authority so authorised in writing by the council may at any reasonable time enter at a centre for the purpose of inspection, and to ensure compliance with these bye-laws.

31. Offences and penalties

Any person who contravenes the provisions of these bye-laws commits an offence and is liable to—

(a) a fine not exceeding P100, or to imprisonment for a term not exceeding a month, or to both; and

(b) for a second or subsequent offence, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, or to both.

SCHEDULE
FORMS

FORM 1
APPLICATION TO OPERATE A DAY-CARE CENTRE

(bye-law 3(3))

SOWA TOWNSHIP (DAY CARE CENTRE) BYE-LAWS

Applicant’s Particulars

1. Name …………………………………………………………………………………………………………….

2. Postal address …………………………………………………………………………………………………

3. Residential address of applicant ……………………………………………………………………………

4. Location of the premises of the day care centre ………………………………………………………..

……………………………………………………………………………………………………………………..

Staff of the centre (attach extra pages if necessary)

5. Person to be employed at the centre:

(a) Name …………………………………………………………………………………………………….

Position to be held ……………………………………………………………………………………

Qualification(s) …………………………………………………………………………………………

(b) Name …………………………………………………………………………………………………….

Position to be held ……………………………………………………………………………………

Qualification(s) …………………………………………………………………………………………

Position to be held ……………………………………………………………………………………

Qualification(s) …………………………………………………………………………………………

(d) Name

Position to be held ……………………………………………………………………………………

Qualification(s) …………………………………………………………………………………………

(e) Name …………………………………………………………………………………………………….

Position to be held ……………………………………………………………………………………

Qualification(s) …………………………………………………………………………………………

(f) Name …………………………………………………………………………………………………….

Position to be held ……………………………………………………………………………………

Qualification(s) …………………………………………………………………………………………

(g) Name …………………………………………………………………………………………………….

Position to be held ……………………………………………………………………………………

Qualification(s) …………………………………………………………………………………………

*Please attach certified copies of the certificates of the persons to be employed by the centre.

Premises and structure

6. What is the material used for building the premises? (e.g. wood, brick or any other material)

……………………………………………………………………………………………………………………….

7. Room types and sizes:

Type of room (e.g. Kitchen)	Room size in square metres	Numbers
…………………………..	…………………………..	…………………………..
…………………………..	…………………………..	…………………………..
…………………………..	…………………………..	…………………………..
…………………………..	…………………………..	…………………………..
…………………………..	…………………………..	…………………………..
…………………………..	…………………………..	…………………………..
…………………………..	…………………………..	…………………………..
…………………………..	…………………………..	…………………………..
…………………………..	…………………………..	…………………………..

8. Toilets and washing facilities:

Number children’s toilets …………………………………………………………………………………….

Number of toilets for staff ……………………………………………………………………………………

Number of baths ……………………………………………………………………………………………….

General washing facilities ……………………………………………………………………………………

Is there a laundry room? Yes/No

9. Kitchen:

Does the Kitchen have washable walls? ………………………………………………………………….

Is there any storage space? …………………………………………………………………………………

Type of storage shelves, pantry, cold room/refrigeration, cupboard)

………………………………………………………………………………………………………………………

10. Outdoor area:

Size in square metres …………………………………………………………………………………………

Type of fencing ………………………………………………………………………………………………….

Is there a secure gate? Yes ……………………….. No …………………………………

Is there any shade? Yes ……………………….. No …………………………………

11. Numbers of children to be admitted at the centre

(a) 6 weeks – 2½ years ………………………………………………………………………………….

(b) 2½ – 4 years …………………………………………………………………………………………..

I …………………………………… (name of applicant) declare that the above information is true and correct.

……………………………………….	……………………………………….
Signature of applicant	Date

FOR OFFICIAL USE ONLY

Date of receipt of application ………………………………………………………………………………………

Receipt by ……………………………………………………………………………………………………………..

Signature ……………………………………………………………………………………………………………….

FORM 2
LICENCE TO OPERATE A DAY-CARE CENTRE

(bye-law 3(5))

SOWA TOWNSHIP (DAY-CARE CENTRE) BYE-LAWS

NOT TRANSFERABLE

Licence No. ………………………………………………………………………………………………………..

To ……………………………………………………………………………………………………………………

Having considered your application to operate a Day-Care Centre, the Sowa Township Authority is satisfied that you have fulfilled the necessary requirements of the Sowa Township Day-Care Centre Bye-Laws, you are hereby granted a licence to operate a day care centre in the following area:

…………………………………………………………………………………………………………………………

This licence is subject to the following conditions:

…………………………………………………………………………………………………………………………

This licence is valid until …………………………………………………………………., 20……………….

……………………………………….
Chief Executive Officer

Date of issue ………………………………………………………………………………………

FORM 3
RENEWAL APPLICATION

(bye-law 4(3))

SOWA TOWNSHIP (DAY-CARE CENTRE) BYE-LAWS

Particulars of the Applicant:

1. Name of the Applicant ……………………………………………………………………………………………….

2. Address of the Applicant …………………………………………………………………………………………….

3. Nationality of the Applicant ………………………………………………………………………………………….

4. Where the Applicant is a non-citizen, residence permit number and date of expiry of the resident
permit of the Applicant ……………………………………………………………………………………………….

5. Where the Applicant is a company, the registration number of the company ……………………………..

I, the undersigned state that the information given in this application is to the best of my knowledge true and accurate.

Applicant’s signature: …………………………………….

Date: ……………………………………….

FOR OFFICIAL USE ONLY

Having considered the application for the renewal of a daycare/nursery/baby care centre

licence of …………………………………………………………………………………………………………………….

dated …………………………….. licence No. ………………………………………………… is hereby renewed in

accordance with bye-law 4(3) of these Bye-Laws.

Conditions (if any) applicable ……………………………………………………………………………………………

This permit expires on the ……………………………………………………………………………………………….

Date of renewal ………………………………. Fee paid ……………………………………………………………….

…………………………………
Licensing officer

GABORONE CITY COUNCIL (LOCAL BEER) REGULATIONS

(section 9)

(21st October, 1963)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Manufacture or possession of local beer

4. Permit to manufacture, etc.

5. Penalties

6. Permitted quantities

7. Fee

8. Form of permit

9. Permit not transferable

10. Revenues

Schedule – Permit to Manufacture or be in Possession of Local Beer

G.N. 92, 1963,
G.N. 125, 1963,
L.N. 84, 1966.

1. Citation

These Regulations may be cited as the Gaborone City Council (Local Beer) Regulations.

2. Interpretation

In these Regulations “local beer” means beer brewed from sorghum-meal or a mixture of sorghum-meal and mealie-meal by the fermentation of malted sorghum, but excluding the liquors commonly known as “ila”, “kabidikamo” or “banyana”, or any beer brewed as described to which sugar, honey or syrup has been added or which is mixed with or fortified or adulterated by any other liquor or substance, or any other of the liquors commonly known as “khadi”.

3. Manufacture or possession of local beer

No person shall manufacture or be in possession of local beer within the limits of the Gaborone City Council area unless he is in possession of a valid permit authorising such manufacture or possession.

4. Permit to manufacture, etc.

Applications for a permit of the type referred to in regulation 3 shall be made to the City Clerk of the Gaborone City Council who may—

(a) issue such a permit;

(b) refuse to issue such a permit;

(d) impose such conditions to a permit as he may deem fit.

5. Penalties

Any person who contravenes the provisions of regulation 3 or who contravenes any condition imposed in a permit in terms of regulation 4 shall be guilty of an offence and liable on conviction to a fine not exceeding P200 or in default of payment thereof to imprisonment for a term not exceeding six months.

6. Permitted quantities

The City Clerk shall not issue any permit for a quantity of local beer in excess of 90,92 litres.

7. Fee

Before the issue of a permit a fee of two thebe in respect of each 4,546 litres of local beer authorised in such permit shall be paid to the City Clerk.

8. Form of permit

A permit shall be in the form specified in the Schedule hereto and shall be valid only for the period specified therein, which period shall not, in the case of a permit to be in possession of local beer, exceed two days, and, in the case of a permit to manufacture local beer, exceed seven days.

9. Permit not transferable

A permit issued in terms of these Regulations shall not be transferable.

10. Revenues

All moneys received by the City Clerk in terms of these Regulations shall be paid into the funds of the Council.

SCHEDULE
PERMIT TO MANUFACTURE OR BE IN POSSESSION OF LOCAL BEER

(issued under the Gaborone City Council (Local Beer) Bye-laws)

GABORONE CITY COUNCIL

Permission is hereby granted to ………………………………………………………………………… (Name) of ………………………………………………………………………………………………………………. (Address) to manufacture and/or be in possession * of ………………………………………………. litres of local beer within the limits of Gaborone City Council area for the period from ………….. a.m./p.m. on the ………. day of ……………………………………………. 20 ….. to ………………….. a.m./p.m. on the ……………………… day of ……………………………………………………… 20 ….. subject to the conditions set out hereunder. Conditions
……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………….
………………………………………………….. Date	……………………………………………….. Town Clerk
Fee …………………………………………. paid

*Delete where inapplicable.

GHANZI TOWNSHIP (LOCAL BEER) REGULATIONS

(under section 9)

(21st October, 1963)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Manufacture or possession of local beer

4. Permit to manufacture

5. Penalties

6. Permitted quantities

7. Fee

8. Form of permit

9. Permit not transferable

10. Revenues

Schedule – Permit to Manufacture or be in Possession of Local Beer

G.N. 93, 1963,
G.N. 126, 1963.

1. Citation

These Regulations may be cited as the Ghanzi Township (Local Beer) Regulations.

2. Interpretation

3. Manufacture or possession of local beer

No person shall manufacture or be in possession of local beer within the limits of Ghanzi Township unless he is in possession of a valid permit authorising such manufacture or possession.

4. Permit to manufacture

Applications for a permit of the type referred to in regulation 3 shall be made to the District Commissioner of the Ghanzi Township who may—

(a) issue such a permit;

(b) refuse to issue such a permit;

(d) impose such conditions to a permit as he may deem fit.

5. Penalties

6. Permitted quantities

The District Commissioner shall not issue any permit for a quantity of local beer in excess of 90,92 litres.

7. Fee

Before the issue of a permit a fee of two thebe in respect of each 4,546 litres of local beer authorised in such permit shall be paid to the District Commissioner.

8. Form of permit

9. Permit not transferable

A permit issued in terms of these Regulations shall not be transferable.

10. Revenues

All moneys received by the District Commissioner in terms of these Regulations shall be paid into the general fund of the township authority.

SCHEDULE
PERMIT TO MANUFACTURE OR BE IN POSSESSION OF LOCAL BEER

(issued under the Ghanzi Township (Local Beer) Bye-laws)

GHANZI TOWNSHIP

Permission is hereby granted to ………………………………………………………………………… (Name) of ………………………………………………………………………………………………………………. (Address) to manufacture and/or be in possession * of ………………………………………………. litres of local beer within the limits of Ghanzi Township area for the period from …………………………… a.m./p.m. on the ……………………. day of ……………… 20 ….. to ……………………………. a.m./p.m. on the ……………………… day of ……………….20 ….. subject to the conditions set out hereunder. Conditions
………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………..
………………………………………………….. Date	……………………………………………….. Town Clerk
Fee …………………………………………. paid

*Delete where inapplicable.

LOBATSE TOWN COUNCIL (LOCAL BEER) REGULATIONS

(under section 9)

(1st October, 1963)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Manufacture or possession of local beer

4. Permit to manufacture

5. Penalties

6. Permitted quantities

7. Fee

8. Form of permit

9. Permit not transferable

10. Revenues

Schedule – Permit to Manufacture or be in Possession of Local Beer

G.N. 94, 1963,
G.N. 127, 1963.

1. Citation

These Regulations may be cited as the Lobatse Town Council (Local Beer) Regulations.

2. Interpretation

3. Manufacture or possession of local beer

No person shall manufacture or be in possession of local beer within the limits of Lobatse Town Council area unless he is in possession of a valid permit authorising such manufacture or possession.

4. Permit to manufacture

Application for a permit of the type referred to in regulation 3 shall be made to the Town Clerk who may—

(a) issue such a permit;

(b) refuse to issue such a permit;

(d) impose such conditions to a permit as he may deem fit.

5. Penalties

6. Permitted quantities

The Town Clerk shall not issue any permit for a quantity of local beer in excess of 90,92 litres.

7. Fee

Before the issue of a permit a fee of two thebe in respect of each 4,546 litres of local beer authorised in such permit shall be paid to the Town Clerk.

8. Form of permit

A permit shall be in the form specified in the Schedule hereto and shall be valid only for the period specified therein, which period shall not in the case of a permit to be in possession of local beer, exceed two days, and, in the case of a permit to manufacture local beer, exceed seven days.

9. Permit not transferable

A permit issued in terms of these Regulations shall not be transferable.

10. Revenues

All moneys received by the Town Clerk in terms of these Regulations shall be paid into the funds of the Council.

SCHEDULE
PERMIT TO MANUFACTURE OR BE IN POSSESSION OF LOCAL BEER

(issued under the Lobatse Town Council (Local Beer) Bye-laws)

LOBATSE TOWN COUNCIL

Permission is hereby granted to ………………………………………………………………………… (Name) of ………………………………………………………………………………………………………………. (Address) to manufacture and/or be in possession * of ………………………………………………. litres of local beer within the limits of Lobatse Town Council area for the period from …………………………… a.m./p.m. on the ……………………. day of ……………… 20 ….. to ……………………………. a.m./p.m. on the ……………………… day of ……………….20 ….. subject to the conditions set out hereunder. Conditions
………………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………………..
………………………………………………….. Date	……………………………………………….. Town Clerk
Fee …………………………………………. paid

*Delete where inapplicable.

TOWN COUNCIL REGULATIONS

(section 9)

(1st April, 1966)

ARRANGEMENT OF REGULATIONS

REGULATIONS

PART I
Preliminary

1. Citation

2. Interpretation

3. Application

4. Establishment of councils

5. Councils to be bodies corporate

6. Constitution of councils

7. Qualification for membership of councils

7A. Holding a post in public service

PART II
Establishment and Constitution of Councils

8. Tenure of office

9. Vacation of seats

10. Pecuniary interest of members

11. Mayor of council

12. Deputy Mayor of council

13. Filling vacancies

14. Elections

15. Qualifications of voters

PART III
Proceedings of Councils

16. Chairmanship of meetings

17. Quorum

18. Voting at meetings

19. Meetings of councils

20. Meetings to be public

21. Minutes to be kept

22. When minutes confirmed regularity deemed

23. Minutes open for examination

24. Committees

25. Joint committees of two or more councils

PART IV
Privilege of Immunity

26. Immunity from legal proceedings

27. Freedom from arrest

28. Exercise of process

29. Definition

PART V
Staff

30. Appointment of employees

31. Staff rules

PART VI
Powers and Duties of Councils

32. Functions and general powers of councils

33. General duties of councils

34. to 40. …

41. Manner of entering into certain contracts

42. Exclusion of certain contracts from regulation 41

43. Three quotations or tenders to be considered

44. Notice calling for tenders to be published and posted

45. Content of notice and delivery of tenders

46. Particulars of contract to be supplied

47. Opening of tenders

48. Quotations and tenders to be considered by council or committee

49. Matters to be taken into account

50. Signature of contracts

51. Tenderers to be informed

52. Minister may approve waiver

53. Standing orders and financial rules

PART VII
Valuation and Rating

54. Appointment of valuation officer

55. Valuation officer’s powers of entry

56. Valuation officer may obtain information

57. Establishment and constitution of valuation courts

58. Terms of office of members of valuation courts

59. Meeting, decisions and procedure of valuation courts

60. When member of valuation court may not sit

61. Clerk of valuation court

62. Date and place of sittings of valuation court

63. Rateable property

64. Listing of non-rateable property

65. Valuation of property for rating purposes

66. Interim valuation

67. Objection to interim valuations

68. Refund of excess rates paid

69. Basis of valuation

70. Particulars to be inserted in valuation roll

71. Objections to valuation roll

72. Appearance before court

73. Power of valuation court

74. Appeal

75. Record of proceedings of valuation court

76. Chairman to certify valuation roll

77. Advertisement of valuation roll

78. Correction of valuation roll

79. Pending appeal not to interfere with decision of valuation court

80. Valuation roll may not be set aside

81. Annual assessment and levy of rates

82. Special rates

83. When rates are due and payable

84. To whom rates to be paid

85. Enforcement of payment of rates

86. Rate recoverable by action in magistrate’s court

87. Evidence of rate

88. When owner liable to pay portion only of rate

89. Payment of rate by occupier

90. Refusal by occupier to disclose name of owner

91. Interest on unpaid rates

92. Transfer of ownership of property

93. Abatement of rates

94. Writing off rates

95. Grant of leases of unoccupied property

96. Term and rent

97. Condition precedent

98. Resumption of possession by owner

99. Application of moneys received under leases by the council

PART VIII
Revenues of Councils; Accounts and Audit

100. Revenue of councils

101. General funds

102. Bank account and investments

103. Borrowing powers

104. Accounts and audit

105. Supply of copies of statement and report

106. Disallowance and surcharge

107. Financial year

108. Annual estimates

PART IX
Dissolution of Councils

109. Minister may dissolve a council

110. Suspension of a member of a council

PART X
Miscellaneous

111. Power of entry

112. Authentication of orders

113. Service of notice

114. Penalty for obstruction

115. Recovery of Government expenditure

Schedule – Functions which may be Conferred on Council

L.N. 37, 1966,
L.N. 61,1966,
L.N. 84, 1966,
S.I. 33, 1967,
S.I. 72, 1967,
S.I. 73, 1967,
S.I. 15, 1969,
S.I. 41, 1969,
Act 23, 1969,
S.I. 8, 1970,
S.I. 29, 1970,
S.I. 54, 1970,
S.I. 7, 1971,
S.I. 14, 1971,
S.I. 92, 1971,
S.I. 137, 1971,
S.I. 15, 1972,
S.I. 86, 1973,
Act 13, 1973,
S.I. 18, 1975,
S.I. 85, 1976,
S.I. 12, 1977,
S.I. 107, 1977,
S.I. 6, 1981,
S.I. 12, 1982,
S.I. 19, 1983,
S.I. 60, 1983,
S.I. 61, 1984,
S.I. 104, 1984,
S.I. 5, 1987,
Act 15, 1998,
S.I. 84, 1998,
S.I. 73, 1999,
S.I. 31, 2000,
S.I. 9, 2003,
S.I. 70, 2004,
S.I. 75, 2006,
S.I. 48, 2009.

PART I
Preliminary (regs 1-7)

1. Citation

These Regulations may be cited as the Town Council Regulations.

2. Interpretation

In these Regulations unless the context otherwise requires—

“appointed member” means a member of a council appointed by the Minister;

“auditor” means a person appointed by the Minister to perform the duties of auditor in terms of Part VII;

“council” means a city or a town council established in pursuance of the provisions of regulation 4;

“council area” means the area for which a council has been established in pursuance of regulation 4;

“district council” means a district council duly established under the Local Government (District Councils) Act (Cap. 40:01);

“elected member” means a member of a council elected in pursuance of the provisions of regulation 6;

“member of council” means an appointed member and an elected member and includes a Mayor or deputy Mayor;

“owner”, in relation to land includes—

(a) the person receiving the rent or profits of any land from the occupier thereof on his own account or as agent for any person entitled thereto;

(b) any person who lawfully occupies or holds land in accordance with an agreement whereunder he is entitled to obtain transfer of such land on the fulfilment by him of the conditions prescribed by such agreement;

“town” includes a city;

“valuation court” means a valuation court established in pursuance of the provisions of regulation 57;

“valuation officer” means a valuation officer appointed as such in pursuance of the provisions of regulation 54.

3. Application

The provisions of these Regulations shall apply to all council areas.

4. Establishment of councils

(1) The Minister may by order published in the Gazette establish councils in respect of such areas as he may think fit.

(2) In any order made in pursuance of subregulation (1) or in any other order, the President may—

(a) dissolve any existing township authority;

(b) provide for the transfer of assets and liabilities of an existing township authority so dissolved to any council established in place thereof and for the vesting of such assets in such council.

(3) Any order referred to in subregulation (2) may provide for the continuance of the duties and functions of any existing township authority by that township authority until a specified date.

(4) Subject to the provisions of subregulation (3) upon dissolution in terms of any order referred to in subregulation (2) all members holding office in an existing township authority shall cease to hold office.

(5) For the purposes of this regulation “existing township authority” means a township authority established under the provisions of Regulations made in pursuance of the Act.

5. Councils to be bodies corporate

A council shall be a body corporate having the name by which it is established and capable of suing and of being sued under the said name.

6. Constitution of councils

(1) A council shall be constituted in such manner and shall consist of such number of elected members or appointed members as may be provided by the order establishing it.

(2) The Minister may by subsequent order or orders published in the Gazette vary an order establishing a council.

(3) Notwithstanding anything contained in the order establishing a council, the Minister may appoint a public officer having special responsibilities relating to the development of the area to be an “ex-officio” member of the Council without voting rights but with all other rights enjoyed by members of the Council.

(4) A person appointed as a member of a council under subregulation (3)(b) shall have or enjoy all rights, other than voting rights, of a member of a council.

7. Qualification for membership of councils

A person shall be qualified to become a member of a council if he is qualified, in terms of regulation 15, to vote in any election for members of the council and does not possess the disqualifications for membership of the National Assembly referred to in section 62 of the Constitution:

Provided that the provisions of this regulation relating to qualification or disqualification for membership of a council shall not apply to a person appointed a member of a council under regulation 6(3).

7A. Holding a post in public service

A member of the council, other than an ex-officio member, shall not, during the period that he is a member of the council, also hold any post in the Public Service.

PART II
Establishment and Constitution of Councils (regs 8-15)

8. Tenure of office

(1) Every elected member of a council shall, without prejudice to his re-election, retire from office on the day appointed for the taking of any poll which may become necessary at any general election to the council.

(2) The appointed members of a council shall hold office at the pleasure of the Minister.

9. Vacation of seats

The seat of a member of a council shall become vacant—

(a) upon his death;

(b) if, without having obtained leave from the chairman, he absents himself from three consecutive ordinary meetings of the council;

(d) if he has been declared insolvent or adjudged or otherwise declared bankrupt under the law in force in any part of the Commonwealth and has not been discharged or has made a composition with his creditors and has not paid his debt in full;

(e) if he is sentenced by a court in any part of the Commonwealth to death or to imprisonment for a term exceeding six months, or having been under suspended sentence for such a term imposed by such a court, is ordered by the court to serve that sentence:

Provided that the Minister may at the request of the member from time to time extend for a period of 30 days his vacation of office under this paragraph to enable the member to pursue any appeal in respect of his conviction or sentence so however that extensions of time shall not exceed 90 days in the aggregate;

Provided further that if at any time before the member vacates his seat he is granted a free pardon or his conviction is set aside or his sentence is reduced to a term of imprisonment of less than six months, or some lesser punishment is substituted for such imprisonment, his seat shall not become vacant under the provisions of this paragraph;

(f) if he ceases to hold the qualifications required by regulation 7;

(g) if he ceases to reside in the area in respect of which the council has been established; or

(h) if he resigns by giving written notice to the Town Clerk.

10. Pecuniary interest of members

(1) If a member of a council—

(a) has a pecuniary interest, direct or indirect, in a contract or proposed contract or any other matter; and

(b) is present at a meeting of a council at which such contract or other matter is the subject of consideration,

he shall at such meeting disclose such interest and, subject to the provisions of any standing order made under regulation 53, shall not take part in the consideration or discussion of, or vote on, any question relating to such contract or other matter, unless after such disclosure the council by a majority of the members present gives such member leave to take part or to vote.

(2) Any member of the council who contravenes this regulation by failing to disclose his interest or by participating without due leave in the consideration of or decision upon a contract, proposed contract or other matter shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months and the court before which he is convicted may order that he shall account to the council for any profits which may accrue or have accrued to him in respect of such contract or other matter, and that he shall vacate his seat, and his seat shall thereupon become vacant:

Provided that if it be proved by such member that his omission to disclose or his participation was not due to any want of good faith, he shall be deemed not to have contravened this regulation.

11. Mayor of council

(1) There shall be a Mayor for each council who shall be elected by secret ballot from among the members of the council by the members present, and such election shall be the first business transacted at the first meeting of the council and thereafter the election of the Mayor shall be held every two and a half years as may be prescribed in accordance with regulation 14.

(2) The Mayor shall, unless he resigns or ceases to be qualified or becomes disqualified, continue in office until his successor is elected and assumes office.

(3) During his term of office, the Mayor shall continue to be a member of the council notwithstanding the provisions of regulation 8.

(4) A retiring Mayor may be re-elected to the office which he is vacating.

(5) The nomination of a candidate for election to the office of Mayor shall be made on a nomination paper which shall therein specify the names of the candidate, the proposer, the seconder and two supporters, none of whom shall at the same time be the candidate, the proposer, the seconder or other supporter:

Provided that where a council has less than 10 voting members, it shall be sufficient that the nomination of a candidate for the office of Mayor is supported by at least one member who shall not at the same time be the candidate, the proposer or seconder.

(6) On the election of the Mayor the outgoing Mayor shall preside:

Provided that at the first meeting of the council after its constitution, and subsequently if the office of the outgoing Mayor is vacated from any cause or if the outgoing Mayor is a candidate for re-election as Mayor, or if the Mayor is for any reason unable to attend, the members of the council present shall elect a chairman from among themselves (other than a candidate for the office of Mayor) who shall preside for the purposes of such election.

(7) The person presiding at the election of the Mayor shall have a deliberative vote only, and, in the case of equality of votes for two or more candidates, the election shall be determined by lot between those candidates.

(8) Notwithstanding subregulation (1) no person who is a candidate for election to the office of Mayor shall be entitled to speak or vote in the election.

(9) In the event of the office of Mayor becoming vacant from any cause whatsoever during the term of office of such Mayor, a successor shall, at the next meeting of the council after such vacancy occurs, be elected by the members of the council from amongst themselves by secret ballot and the person so elected shall forthwith enter upon his office and shall serve as Mayor for the remainder of the period for which the Mayor whose office became vacant had been elected.

(10) A person who has been elected Mayor shall within seven days after the day of election and before he acts in such office make before and deliver to the Town Clerk a declaration of acceptance of office; if the declaration of acceptance of office is not made as aforesaid the office of Mayor shall thereupon become vacant.

(11) A council may vote out of the revenues of the council as a personal allowance to the Mayor such sum, not exceeding such maximum as the Minister may determine, as it thinks reasonable; the amount of such allowance shall be fixed at the commencement of the Mayor’s term of office and shall not be altered during the said term.

(12) Whenever the duties of the office of the Mayor are performed for any continuous period not being less than one month by the deputy Mayor, the allowance under this regulation shall be paid for such period to the deputy Mayor.

12. Deputy Mayor of council

(1) There shall be a deputy Mayor for each council who shall be elected by secret ballot from among the members of the council by the members present; and the nomination of a candidate for election to the office of deputy Mayor shall follow immediately after the election of the Mayor and the nomination shall be made on a nomination paper which shall therein specify the names of the candidate, the proposer, the seconder and two supporters who shall not at the same time be the candidate, the proposer, the seconder or other supporter:

Provided that where a council has less than 10 members, it shall be sufficient that the nomination of the candidate for the office of deputy Mayor is supported by at least one member who shall not at the same time be the candidate, proposer or seconder.

(2) The deputy Mayor shall, unless he resigns or ceases to be qualified or becomes disqualified, continue in office until his successor is elected and assumes office.

(3) During his term of office, the deputy Mayor shall continue to be a member of the council notwithstanding the provisions of regulation 8.

(4) A retiring deputy Mayor may be re-elected to the office which he is vacating.

(5) On the election of the deputy Mayor the newly elected Mayor or, in his absence, a member of the council elected as chairman by the members of the council present, shall preside, but he shall have a deliberative vote only, and in the case of equality of votes for two or more candidates the election shall be determined by lot between those candidates.

(6) Notwithstanding subregulation (1) no person who is a candidate for election to the office of deputy Mayor shall be entitled to speak or vote in the election.

(7) In the event of the office of the deputy Mayor becoming vacant from any cause whatsoever during the term of office of such deputy Mayor, a successor shall, at the next meeting of the town council after such vacancy occurs, be elected by the members of the council from amongst themselves by secret ballot, and the person so elected shall forthwith enter upon office and shall serve as deputy Mayor for the remainder of the period for which the deputy Mayor whose office became vacant, had been elected.

(8) The deputy Mayor shall, whenever it becomes necessary owing to the death, resignation, absence, illness or incapacity of the Mayor, have authority to exercise all the powers and discharge all the duties vested in and imposed upon the Mayor under and by virtue of these Regulations.

(9) A person who has been elected deputy Mayor shall, within seven days after the day of election and before he acts in such office make before and deliver to the Town Clerk a declaration of acceptance of office; and if the declaration of acceptance of office is not made the office of deputy Mayor shall thereupon become vacant.

13. Filling vacancies

If the seat of a member of a council becomes vacant by virtue of any provision of these Regulations, the vacancy thus caused shall be filled in such manner as may be prescribed by the Minister in the order establishing the council; and a person who becomes a member of the council by virtue of the provisions of this regulation shall have all the rights and privileges of, and be under the same obligations and liabilities as, the member whom he replaces.

14. Elections

The manner of election of members of a council shall be as prescribed in the order establishing the council, or any later order varying or amending that order.

15. Qualifications of voters

(1) Subject to the provisions of subregulation (2) any person who is registered as a voter for the purpose of elections of Elected Members of the National Assembly and enrolled in a voters roll prepared and certified in terms of the Electoral Act for the area, or any part of the area, in respect of which a council has been established shall be entitled to vote in any election of members of the council.

(2) No person shall be entitled to vote in more than one area, or part of one area, in respect of which a council has been established.

(3) A person shall be entitled to vote only in the area in which he resides.

(4) A person who has more than one place of residence shall be entitled to vote only in the area where his principal residence is situated.

PART III
Proceedings of Councils (regs 16-25)

16. Chairmanship of meetings

The Mayor or in his absence the deputy Mayor of a council shall preside at any meeting of the council; and if both the Mayor and the deputy Mayor are absent from or during any meeting, the members of the council present shall elect one of themselves as temporary chairman during the absence of the Mayor and deputy Mayor.

17. Quorum

The presence of more than half of the members of a council shall constitute a quorum.

18. Voting at meetings

(1) All matters shall be determined by a majority of the votes of the members present at any meeting.

(2) The member presiding at any meeting shall have an original vote as a member of the council, and a casting vote.

19. Meetings of councils

(1) A council shall hold ordinary meetings at intervals of not more than three months, at such place and time as the council may from time to time determine.

(2) The Mayor may at any time, and shall at the request in writing of not less than one-third of the members of the council, call a special meeting; the notice of a special meeting shall specify the objects of such meeting, and no other business may be discussed at such meeting.

(3) The Mayor may adjourn any meeting of the council for any period not exceeding 14 days, and any business of such council conducted after the meeting has been so adjourned shall be of no effect.

20. Meetings to be public

Every meeting of a council, other than a meeting appointed by a council, or a committee of the whole council, shall be open to the press and the public:

Provided that the council may by a majority of members present order that the press or the public or any member of the press or the public shall withdraw.

21. Minutes to be kept

(1) Minutes of the proceedings of every meeting of a council and of every committee thereof shall be kept in English, and shall be regularly entered in a book kept for that purpose and shall be confirmed at the next ordinary meeting.

(2) Such minutes shall record the names of the members, including persons co-opted, present at the meeting, and when signed by the chairman shall, unless the contrary be proved, be deemed to be a correct record of the proceedings of the meeting of which they purport to be the minutes.

22. When minutes confirmed regularity deemed

When the minutes of the proceedings of any meeting of a council, or a committee thereof, have been confirmed, such meeting shall, until the contrary is proved, be deemed to have been duly convened and held, and all the members present at such meeting shall be deemed to have been duly qualified and, where the proceedings so recorded are those of a committee, the committee shall, until the contrary is proved, be deemed to have been duly constituted, and to have had power to deal with the matters referred to in the minutes.

23. Minutes open for examination

The minutes of the proceedings of a council shall be at all reasonable times open for examination by any member of the public, and any such person may obtain a copy thereof, or an extract therefrom, on payment of such fee as may be prescribed by the council.

24. Committees

(1) Every council shall appoint a Finance Committee and an Education Committee, and may from time to time appoint such other committees, either of a general or special nature, consisting of such number of members as the council may think fit, for the purpose of transacting such business or performing any act or duty which in the judgment of the council would more conveniently be performed by means of a committee, and may delegate to any such committee such powers, except the power to make bye-laws and any power to raise money by rate or otherwise, as it may think fit; and unless in appointing any such committee the council has appointed one of the members as chairman thereof the committee shall elect one of the members as chairman thereof.

(2) In appointing members to the various Council Committees, the Council shall make appointments based on a cross sectional representation of all parties represented in the Council, with each member of the Council being appointed to at least one Committee.

(3) A council may revoke or amend any delegation made under the provisions of subregulation (1) and may attach conditions to such delegation, including general or particular directions, as to the manner in which any delegated power is to be exercised.

(4) A committee other than a Finance Committee, may co-opt persons other than members of the committee, and such co-opted persons may take part in the proceedings of the committee, but shall not have the right to vote thereat.

25. Joint committees of two or more councils

A council may concur with any one or more other councils or with a district council in appointing from among their respective members a joint committee of such town or district councils for any purposes in which they are jointly interested, and may delegate to such joint committees, with or without restriction or conditions, any powers or functions of such councils relating to the purpose for which such joint committee was formed, except the power to make bye-laws or the power to raise money by rate or otherwise.

PART IV
Privilege of Immunity (regs 26-29)

26. Immunity from legal proceedings

No civil or criminal proceedings may be instituted against a member of a council for words spoken before, or written in a report to the council or to a committee thereof, or by reason of any matter brought by the member by petition, motion or otherwise.

27. Freedom from arrest

A member of a council is not liable to arrest—

(a) for any civil debt whilst going to, attending at or returning from a meeting of the council or a committee thereof; or

(b) within the precincts of the council while the council or a committee thereof is sitting, for any criminal offence without the consent of the Mayor.

28. Exercise of process

No process issued by any court in the exercise of its jurisdiction shall be served or executed on a member of a council within the precincts of the council while the council is sitting.

29. Definition

In this Part—

“precincts of the council” means the chamber and offices of a council and any gallery or place provided for the use or accommodation of members of the public, and includes, while the council is sitting, the entire building in which the chamber of the council is situated, and any forecourt, yard, enclosure or open space adjoining or appertaining to such building and used or provided for the purposes of the council.

PART V
Staff (regs 30-31)

30. Appointment of employees

(1) Subject to the provisions of the Unified Local Government Service Act (Cap. 40:06), a council shall appoint such employees as it may deem necessary.

(2) A council shall pay to its employees such emoluments as it may determine.

(3) The powers conferred upon a council by subregulations (1) and (2) shall be exercised subject to the general or specific approval of the Minister and in conformity with any rules made under regulation 31.

31. Staff rules

The Minister may publish in the Gazette such rules as to him may seem proper governing the matters referred to in regulation 26 and all councils shall give effect to any such regulations.

PART VI
Powers and Duties of Councils (regs 32-53)

32. Functions and general powers of councils

(1) The Minister may in the order establishing a council, and subject to such limitations and conditions as he may deem fit, provide that a council either shall be required to perform or may perform any of the functions set out in the First Schedule.

(2) Subject to the provisions of these Regulations, a council shall have power to do anything and enter into any transaction not unlawful which in its opinion is calculated to facilitate the proper discharge of any functions conferred or imposed upon it by or under these Regulations or any other law, or which is incidental or conducive thereto.

33. General duties of councils

It shall be the duty of a council to perform the functions it is required to perform and otherwise exercise its powers so as to secure and promote the health, order and good government of the area for which it has been established.

34. to 40. …

41. Manner of entering into certain contracts

Subject to regulation 38, if the liability of a council under any contract for the supply of any goods or materials or the execution of any works or the provision of any services, other than professional services, for or to the council—

(a) is not to exceed P25,000, the contract shall be in writing but the council shall not be required, before entering into it, to invite any quotations;

(b) is to exceed P25,000 but not to exceed P100,000, the contract shall be in writing and the council shall not enter into it without inviting quotations; or

(c) is to exceed P100,000, the contract shall be embodied in a formal document approved by the council and the council shall not enter into it without inviting tenders.

42. Exclusion of certain contracts from regulation 41

So much of regulation 41(a) as relates to the requirement that a contract such as is therein referred to shall be in writing and the whole of regulation 41(b) and (c) shall not apply to any contract for the purchase by a council of perishable goods bought on public market or any purchase entered into by council as a result of bidding at a public auction.

43. Three quotations or tenders to be considered

Where under the provisions of these Regulations or any other law a council may not enter into a contract without inviting quotations or tenders as the case may be, it shall not be competent for the council to enter into such a contract except after consideration of at least three quotations or at least three tenders, as the case may be, unless for good and sufficient reasons recorded in the council’s minutes three quotations or tenders cannot be obtained.

44. Notice calling for tenders to be published and posted

(1) Whenever a council is required to invite tenders in terms of regulation 41(c) it shall, in addition to any individual invitation it may issue, call for tenders by notice published in the Gazette and in a newspaper circulating in Botswana, which notice shall also be posted at the council’s offices on a notice board prominently open to public inspection.

(2) Such publication and posting shall be effected 28 clear days before tenders are to be considered on behalf of the council.

45. Content of notice and delivery of tenders

(1) Any notice published and posted as required in regulation 44, and any individual invitation for tenders, shall call for tenders to be delivered to the Town Clerk by a specified time and a specified date, not being less than 14 days after the date when the notice is last published or posted, in plain sealed envelopes marked “Tender for . . .”.

(2) All tenders shall be delivered by the time specified to the Town Clerk in plain sealed envelopes marked as aforesaid.

46. Particulars of contract to be supplied

A council shall not enter into any contract to which regulation 41(c) applies unless full and identical particulars have been supplied to every person who, not later than three days after the notice calling for tenders was last published or posted, applies to the council therefor; such particulars shall be supplied to the applicants by the council within seven days after the said notice was last published or posted.

47. Opening of tenders

(1) All tenders for any one contract shall be opened at one time in the presence of the members of the council, or a committee thereof duly appointed by the council, and the Town Clerk.

(2) Notwithstanding anything in regulation 20, any meeting of the council, or a committee thereof duly appointed by the council, at which tenders are opened shall be open to the members of the public.

(3) Not later than seven days before any such meeting is held, written notice thereof shall be posted by the Town Clerk to every person who has informed the council in writing of his wish to receive such notice.

48. Quotations and tenders to be considered by council or committee

(1) Whenever a council is required to invite quotations or tenders, those which have been received shall be placed before the council, or a committee thereof duly appointed by the council, and be considered by it.

(2) For the purpose of considering quotations or tenders the council, or a committee referred to in subregulation (1), shall have power to obtain professional or technical advice.

49. Matters to be taken into account

(1) In considering quotations or tenders a council shall take into account the contractual reliability of the tenderers or the persons submitting quotations as well as the need to achieve economy, efficiency and the development of Botswana industries.

(2) A council is not obliged to accept the lowest or any tender or quotation but in any case where the lowest quotation is not accepted the reasons why it is not accepted shall be recorded in the council’s minutes, and where the lowest tender is not accepted, the council shall report the reasons why it is not accepted to the Minister.

50. Signature of contracts

Contracts required by these Regulations to be in writing or to be embodied in a formal document shall be signed on behalf of a council by the Mayor, or by the chairman of the committee concerned (if any), and by the Town Clerk.

51. Tenderers to be informed

When a council has decided upon the question of acceptance of tenders it shall forthwith inform the tenderers, whether successful or unsuccessful, of the result.

52. Minister may approve waiver

Notwithstanding any of the provisions of regulations 41 to 51 inclusive, the Minister may approve any application made by any council to waive anything required to be done under these provisions relating to contracts.

53. Standing orders and financial rules

(1) A council shall make such standing orders as may be necessary for the conduct of its business; and without prejudice to the generality of the foregoing, shall make standing orders for the following purposes—

(a) the regulation of the business and procedure of the council;

(b) to ensure the punctuality of the attendance of the members at meetings, and to prevent meetings being held without adequate notice to members; and

(2) Every council shall transmit copies of all standing orders made by it under subregulation (1) to the Minister, who shall have power by notice to such council to amend or revoke any such standing order.

(3) The Minister may frame model standing orders of the same nature as the standing orders prescribed by subregulation (1) and shall communicate all model standing orders so framed to all councils.

(4) The Minister may, by notice to any council, specify any or all model standing orders framed and communicated under subregulation (3) as standing orders of such council, and the standing orders specified in such a notice shall, as soon as a council receives it, have effect as standing orders of such council until amended or revoked by the Minister by notice to such council and, if in conflict with any standing orders made by such council under subregulation (1), shall prevail over them.

(5) A council shall make such financial rules as may be necessary for the general conduct of its financial affairs.

PART VII
Valuation and Rating (regs 54-99)

54. Appointment of valuation officer

(1) Every council shall appoint one or more valuation officers approved by the Minister to make any valuation and valuation rolls provided for in this Part.

(2) No valuation officer shall make a valuation of any land in which he is personally interested, directly or indirectly, or in which his wife, partner or relative within the first degree of consanguinity or affinity is interested, directly or indirectly, without disclosing the nature and extent of such interest.

(3) Every valuation officer shall submit to the Mayor a list of land in which he is so interested, setting out fully the nature and extent of his interest, and the Mayor shall transmit such list to the valuation court.

55. Valuation officer’s powers of entry

(1) Every valuation officer provided with written authority signed by the Mayor shall have power to enter in the daytime into and upon any property within the council area for the purpose of carrying out his duty under this Part, provided that, before so entering into and upon any property the valuation officer shall give the owner or occupier at least 24 hours notice of his intention to visit and enter upon the property.

(2) Any person who obstructs or hinders a valuation officer in the exercise of his duties under subregulation (1) shall be guilty of an offence and liable to a fine not exceeding P100 or, in default of payment thereof, to imprisonment for a term not exceeding three months.

56. Valuation officer may obtain information

(1) A valuation officer may require the owner or occupier or person in charge of any land in the council area to furnish him with written particulars and any information upon such matters as may be necessary to enable him correctly to value such land, including the names of the owner and occupier thereof and any other necessary particulars.

(2) If any person refuses or wilfully omits to give any such written particulars or information or wilfully makes any false statement or wilfully does anything which could reasonably lead to an under-valuation of any land, he shall be guilty of an offence and liable to a fine not exceeding P100, or, in default of payment thereof, to imprisonment for a term not exceeding three months.

(3) No person convicted of an offence under this regulation shall thereby become exempt from liability to permit the entry of the valuation officer, or to supply the written particulars or information required.

57. Establishment and constitution of valuation courts

(1) There shall be established for each council a valuation court which shall have the jurisdiction, powers and authorities conferred upon it by these Regulations.

(2) The members of the valuation court shall be—

(a) a person appointed by the Minister who holds or has held or is qualified to hold judicial office in terms of the Magistrates’ Courts Act (Cap. 04:04), who shall be chairman of the valuation court; and

(b) two assessors to be nominated by the council and approved and appointed by the Minister, who need not be members of the council.

(3) The names of the persons so appointed shall be shown on the front of the valuation roll.

58. Terms of office of members of valuation courts

(1) The members of a valuation court shall hold office at the Minister’s pleasure.

(2) When a member’s office is for any reason vacated or a member is prevented by illness, absence or for any other cause from exercising his functions in the valuation court the Minister shall appoint a person to fill the vacancy or to act temporarily for the member during his absence or period of incapacity.

(3) The chairman and other members of the valuation court shall, except in the case of a member who is a member of the public service of Botswana, be paid out of the funds of the council such remuneration and allowances as the Minister, after consultation with the council, may from time to time determine.

59. Meeting, decisions and procedure of valuation courts

(1) The members of the valuation court appointed as assessors in terms of regulation 57(2)(b) shall give, either in open court or otherwise, such assistance and advice as the chairman may require, but the decision shall be vested exclusively in the chairman; and the agreement or disagreement of such assessors with the decision of the chairman shall be noted on the record.

(2) The Minister may make rules to regulate the procedure of all valuation courts; and if no rules are made or in any case not covered by the rules, the valuation court shall act in such manner and on such principles as it deems best fitted to do substantial justice and to effect and carry out the objects and provisions of this Part.

60. When member of valuation court may not sit

No person shall sit as a member of a valuation court at the hearing of any matter in which he is personally interested, directly or indirectly, or in which his wife, partner or relative within the first degree of consanguinity or affinity is directly or indirectly interested, or in which any company of which he is an officer or a shareholder is directly or indirectly interested.

61. Clerk of valuation court

The council shall appoint a clerk to its valuation court and shall determine the remuneration, if any, and allowances to be paid to such clerk from its funds:

Provided however that if a member of the staff of the council is appointed clerk he shall receive no additional remuneration for this function.

62. Date and place of sittings of valuation court

(1) The valuation court shall sit at such times and places as it may decide upon so as to complete its work in the shortest possible time compatible with effective adjudication.

(2) The clerk of the valuation court shall cause a notice showing the time and place of every meeting of such court to be exhibited on the notice board of the District Commissioner and at such other places as he may determine.

(3) At least six weeks notice shall be given of every meeting of such court.

63. Rateable property

(1) Subject to the provisions of this regulation, rateable land within the meaning of this Part means land within the council area except land that is—

(a) vested in Government;

(b) vested in the council;

(d) occupied for purposes of the provisions of public service:

Provided that this exemption shall apply only with the Minister’s special consent;

(e) subject to the provisions of regulation 81(3), used for any of the following purposes in so far as such land is used for such purposes only—

(i) a public library or public museum of natural history or fine arts;

(ii) public religious worship or public religious purposes;

(iii) a school registered under section 17 of the Education Act (Cap. 58:01) or a hostel attached to such a school;

(iv) a public hospital or public institution for mentally disordered persons;

(v) an orphanage or a charitable institution supported entirely by voluntary contributions or payments made by the inmates towards their maintenance;

(vi) a public cemetery or crematorium;

(vii) recreation or sport other than horse racing or any sport for which an admission charge is made;

(viii) agricultural show purposes;

(ix) church property used for worship;

(x) church owned residences for the clergy;

(xi) hostels for the destitute, handicapped or for the aged;

(f) owned by Botswana Railways other than land occupied by railway employees for residential purposes.

(2) If land is used for any of the purposes specified in subregulation (1)(e) and for some other purpose at the same time or at different times during any year, such land may be regarded as rateable in part and non-rateable in another part or as rateable during a portion of the year, as the case may be, and accordingly the council may apportion the valuation or rates or both valuation and rates.

(3) Nothing in this regulation shall be taken to exempt an owner of land from the payment of rates on land from which he derives a rent or income used for any of the purposes specified in subregulation (1)(e).

(4) It shall be lawful for the President in his discretion to make a grant to the revenue of the council in lieu of an owner’s rate, on property vested in Government or set aside in the circumstances described in subregulation (1)(a) and (c) not exceeding the amount which would have been payable except for the provisions of subregulation (1)(a) and (c).

64. Listing of non-rateable property

(1) The owner of any land who claims that such land is not rateable shall forward such claim to the council and submit to it such particulars concerning the said land as the council may require to enable it to determine whether such land is rateable or not.

(2) If the council determines on the particulars supplied that such land is not rateable, the owner shall be notified in writing accordingly, and thereafter such land shall be listed as non-rateable until such time as the council determines otherwise or until such time as a change takes place in the use of such land.

(3) If any change in the use of land listed as non-rateable takes place, the owner shall forthwith notify the council thereof, and thereupon the council shall again determine whether such land is rateable or not and notify the owner as provided in subregulation (2).

(4) The council may at any time demand from the owner such particulars of any land listed as non-rateable as it may require to determine whether such land is properly listed as non-rateable.

(5) If any owner as aforesaid fails or neglects to make a claim and to submit particulars in terms of subregulations (1) and (4), the said land shall be deemed to be rateable until such time as the said owner complies with the provisions of subregulation (1) or (4), as the case may be.

(6) If any owner of land which is listed as non-rateable, or which he claims should be listed as non-rateable, fails or neglects to notify the council of any change as required by subregulation (3), or submits particulars in terms of subregulation (1) or (4) which are incorrect and the council by reason of such failure or neglect or submission of incorrect particulars does not remove such land from the list of non-rateable property, then such land shall be rateable and the owner thereof shall be liable to pay rates in respect thereof as from the date of such failure or neglect or submission of incorrect particulars.

(7) Any owner who wilfully submits false particulars in any claim in terms of subregulation (1) or any notification in terms of subregulation (3), or any particulars demanded in terms of subregulation (4) shall be guilty of an offence and liable to a fine not exceeding P100 or, in default of payment thereof, to imprisonment for a term not exceeding three months.

(8) Nothing contained in this regulation shall affect—

(a) the auditor’s right to question the correctness in law of a council’s action in placing any such land on the list of non-rateable land; or

(b) the owner’s right to test in a competent court of law a council’s refusal to place any such land on the list of non-rateable land.

(9) Nothing contained in this regulation shall be deemed to impose any duties on the Government in respect of rateable land which is its property, and the provisions of this regulation shall not apply to any such land.

65. Valuation of property for rating purposes

The council shall as soon as possible after it has been established and thereafter from time to time but not less than once in every five years cause to be made a general valuation and valuation roll of all land within the council area.

66. Interim valuation

(1) The council may, and if called upon to do so by an owner of land, shall, cause an interim valuation to be made of—

(a) any land which has become rateable since the completion of the current valuation roll;

(b) land the value of which has been materially depreciated by flood or other disaster;

(d) land materially improved or depreciated in value by reason of the operation of any town planning scheme;

(e) land which has been subdivided into lots for building or other purposes:

Provided that where land valued as a whole has been divided amongst two or more owners the valuation of the said land shall, until the council resolves at any time to cause an interim valuation to be made of such land or until the next general valuation, be divided amongst the owners of the subdivided portions or where a portion is retained by the original owner, be divided amongst the original owner and person or persons to whom he has transferred portions of the land in such proportions as may be agreed upon between the persons concerned, and, failing agreement, the valuation officer shall cause an apportionment to be made at the expense of the persons who have failed to agree, which apportionment shall be final until the making of the said interim or general valuation; or

(f) land materially increased or decreased in value from any cause peculiar to such land.

(2) Any such interim valuation shall be based on what the value of the land would have been at the last general valuation and any general increase or decrease in the value of land between the date of the last general valuation and such interim valuation shall be ignored.

(3) Upon the making of any interim valuation the same procedure shall be observed as is set forth in these Regulations with regard to general valuations.

(4) Any interim valuation made in terms of this regulation shall be forthwith added to the valuation role.

(5) Wherever any valuation is made in terms of this regulation, the council—

(a) may, in the case of land which has become rateable, since the completion of the current valuation roll, cause the current rate to be collected in respect thereof and also any rates which would have been payable in respect thereof since the completion of the said valuation roll, had the valuation been made at the date such land became rateable;

(b) may, in the case of land which is discovered to have been omitted from the current valuation roll, cause the current rate to be collected in respect thereof and also any rates which would have been payable in respect thereof since the completion of the said valuation roll, had the omission not been made;

(c) shall, in the case of land materially improved or depreciated, in whole or in part, only be entitled to collect rates on the valuation of the land as determined under this regulation as from the date of such occurrence:

Provided that, where any land valued in terms of this regulation has been transferred to a new owner prior to such valuation being made, such new owner shall not be liable for any rates levied in respect of the period before the date upon which such land was transferred to him, but the owner at the date from which such rate is payable shall be liable for the proportion of such rate up to the date upon which such land was transferred;

(d) may, in the case of land subdivided, cause the current rate to be collected in respect of the subdivisions and also any rates which would have been payable in respect thereof since the date of transfer of the subdivisions, had the valuation thereof been made at that date:

Provided that the council shall refund any rates paid on the whole land in respect of the period for which rates on the subdivisions are paid.

(6) Except as is provided in subregulation (5), the current rate shall be payable only with effect from the date on which the interim valuation comes into force.

67. Objection to interim valuations

(1) Every such interim valuation shall be subject to any objection made thereto at the next valuation court.

(2) The same right of appeal as is provided in regulation 74 shall apply to any interim valuation made in terms of these Regulations.

68. Refund of excess rates paid

In the case of any land which is added to the valuation roll or the valuation of which is increased under the provisions of regulation 66, if at the next succeeding valuation court the value of the said land is fixed at a sum less than that on which the last preceding rate has been levied the owner shall be entitled to a refund of any rate paid by him in excess of that which would have been paid if the rate had been levied on the value as fixed by the said valuation court.

69. Basis of valuation

Subject to the provisions of regulation 66(2), where a general or interim valuation is made—

(a) if any land is to be valued with improvements the basis of valuation of such land shall be the capital sum which the land might be expected to realise if offered for sale with all improvements existing thereon at the time of the valuation on such reasonable terms and conditions as a bona fide seller would require; and

(b) if any land is to be valued without improvements the basis of valuation of such land shall be the capital sum which that land might be expected to realise if offered for sale exclusive of the improvements existing thereon at the time of the valuation on such reasonable terms and conditions as a bona fide seller would require,

due regard being had in either case not only to such particular rateable land, but to other rateable land of a similar class, character, value or position, and the land shall be considered subject to any restrictions imposed on it by a council under its bye-laws or by any town planning scheme which may either increase or decrease the value of such land:

Provided that any exceptional circumstance of a temporary nature which is likely to cause an abnormal price to be paid, shall be disregarded in arriving at the estimated price.

70. Particulars to be inserted in valuation roll

The valuation officer shall frame any valuation roll in such manner as to show—

(a) the situation of the land;

(b) the full name of the owner, and his address;

(d) the value of the land both with and without improvements.

71. Objections to valuation roll

(1) As soon as a valuation roll has been completed by the valuation officer a copy thereof shall lie at the office of the Town Clerk for inspection by every ratepayer or his duly authorised representative who may at all reasonable times inspect such roll and make copies thereof.

(2) The council shall, by notice published in the Gazette and posted on such notice boards as it may determine, call upon ratepayers to lodge in writing with the Town Clerk and the clerk of the valuation court any objections they may have against the valuation of any land or in respect of any error or omission in relation to such land within 21 days from the first publication in the Gazette of such notice.

(3) No objections to the valuation roll shall be considered by the valuation court unless made within the time prescribed and in the manner aforesaid.

72. Appearance before court

(1) Every objection lodged by or on behalf of any ratepayer shall be brought before the valuation court by such ratepayer personally or by counsel, attorney or any other person duly authorised thereto by such ratepayer in writing.

(2) The council may appear before the valuation court at any of its sittings for the purpose of making any representations or objections on its behalf and shall be represented before the valuation court by such person or persons as the council may appoint.

(3) The representative of the council and the objector or his representative may call evidence and cross-examine any witness giving evidence before the valuation court.

(4) If the council objects to any valuation appearing in the valuation roll, it shall give written notice thereof to the owner of the land concerned and to the clerk of the valuation court at least 28 days before the day upon which the valuation court will sit to consider the valuation roll.

73. Power of valuation court

(1) The valuation court shall at each sitting proceed to consider the valuation roll and any objections made and may confirm any valuation or make such alterations or amendments in the valuation roll, whether objected to or not, either by way of reduction, increase, addition or alteration as it may deem just and expedient.

(2) No alteration or amendment shall be made to the valuation of any land to which no objection has been lodged until the owner of the land affected and the council have received 28 days’ notice in writing from the clerk of the valuation court of the meeting of the valuation court at which any such alteration or amendment will be considered and of the nature and extent of the proposed alteration or amendment.

(3) The owner so affected and the council may make such representations to the valuation court as they may think fit.

(4) The valuation court shall not reduce or increase the valuation of land in the whole or any portion of the council area by a percentage.

(5) The valuation court may for the proper adjudication of all matters before it call witnesses and hear and receive and examine witnesses under oath or affirmation which shall be administered by the chairman, and may by notice under the hand of the chairman call upon any person who in its opinion is able to give material information concerning the valuation under investigation or who it suspects or believes has in his possession or custody or under his control any book, document or thing which has bearing on the said investigation to appear before it at a time and place specified in the notice to be interrogated under oath or to produce such book, document or thing.

(6) The valuation officer by whom any valuation under consideration has been made shall attend such valuation court and answer on oath or affirmation all questions which may be put to him or through the court in regard thereto.

(7) Any person who after being called upon to appear before the valuation court to be interrogated or to produce any book, document or thing as aforesaid fails without sufficient excuse to attend at the time and place specified in the notice, shall be guilty of an offence and liable to a fine not exceeding P50 in respect of each offence.

(8) Any such person who fails to remain in attendance until excused by the valuation court or refuses to be sworn or affirmed as a witness or fails to answer fully and satisfactorily to the best of his knowledge and belief all questions lawfully put to him or knowingly makes a false answer to any question put to him or fails to produce any book, document or thing in his possession or custody or under his control when lawfully required to do so, shall be guilty of an offence and liable to a fine not exceeding P50 in respect of each offence.

74. Appeal

(1) On the determination by the valuation court of any matter under this Part any party who is dissatisfied may within one month appeal to the High Court whose decision shall be final and without appeal.

(2) Upon the hearing of the appeal the High Court may—

(a) confirm, vary or reverse the determination appealed from;

(b) remit the matter to the valuation court with instructions in regard to the taking of further evidence or the setting out of further information;

(c) order the parties or any of them to produce at some convenient time before it such further proof as shall to it seem necessary or desirable;

(d) take any other course which may lead to the just, speedy and, as much as may be, inexpensive settlement of the matter; and

(e) make such order as to costs as it may deem just.

(3) The Chief Justice may make rules for regulating appeals to the High Court under this regulation and for the procedure on such appeals:

Provided that until rules are so made the Rules of the Magistrates’ Courts governing appeals in civil cases from Magistrates’ Courts to the High Court shall, subject to any necessary modifications, apply and be followed.

(4) The valuation court shall amend the valuation roll in accordance with the decision or directions of the High Court and such amendment shall form part of the valuation roll in force with effect from the commencement of the valuation roll.

75. Record of proceedings of valuation court

(1) The valuation court shall keep a record of its proceedings and a note of the assessment, objection and finding in regard to each objection and shall notify the persons concerned of such finding; and such court shall cause any deposition taken before it to be taken down in writing and signed by the deponent, and shall authenticate it by the signature of the chairman as having been taken before such court.

(2) An objector or his authorised agent shall have the right to examine, without charge, the record of the valuation court proceedings relating to the land, the valuation of which he has objected.

(3) The valuation officer and the council shall at all times have access to the record.

76. Chairman to certify valuation roll

(1) When the valuation court has completed its consideration of the valuation roll and has made such alterations and amendments therein as it may deem necessary, the chairman of the valuation court shall sign and certify the same and the clerk of the valuation court shall thereupon transmit to the council a certified copy of the same showing the original valuation and all alterations made by the valuation court.

(2) Such valuation roll will become the valuation roll in force in the council area and shall supersede any previous valuation roll or assessment in force in the council area:

Provided that notwithstanding the provisions of regulation 73 it shall not be necessary for the valuation court to consider any valuation roll to which no objections have been lodged and any such roll shall be signed and certified by the Mayor.

77. Advertisement of valuation roll

The council shall cause a notice to be inserted in the Gazette informing all persons that the valuation roll has been completed and certified in terms of regulation 76 and that such valuation roll will become finally fixed and binding upon all persons concerned who do not before a date fixed in such notice, not being less than one month from the date of such notice, give notice of appeal from the decision of the valuation court in terms of this Part.

78. Correction of valuation roll

(1) Subject to the provisions of subregulation (2), the council may at any time after the valuation roll has been finally completed and certified by the chairman of the valuation court or signed and certified by the Mayor in terms of the proviso to regulation 76 cause any error on such roll to be corrected and may authorise any such amendments to such roll as may be consequential on the change of ownership of any land.

(2) Before causing any error to be corrected the council shall notify the owner of the land of the proposed corrections.

(3) Such owner may within seven days of such notifications inform the council of his objection to the proposed corrections, in which event the objection shall be referred to the valuation court for determination.

(4) If no such objection is made the proposed corrections may be made, and the current rate may be collected in respect of the land.

79. Pending appeal not to interfere with decision of valuation court

The fact that an appeal is pending shall not in the meantime interfere with or affect the decision of the valuation court which forms the subject matter of the appeal and rates may be made, levied and recovered on the valuation fixed by such decision in like manner as if no appeal were pending:

Provided that in the event of the valuation being altered on appeal a due adjustment shall be made and amounts paid in excess shall be refunded by the council to the ratepayer and the amount short-paid shall be recoverable by the council from the ratepayer.

80. Valuation roll may not be set aside

No valuation contained in any valuation roll framed and certified under these Regulations and no rate based thereon shall be rendered void or be affected by reason of any mistake or variance amounting to a slight deviation not affecting the substance or calculated to mislead in the description of any rateable land or in the name of any owner thereof.

81. Annual assessment and levy of rates

(1) Subject to the provisions of this regulation, a council may, not more than once in every financial year, assess, raise and levy by bye-law, a rate upon all rateable land within the council area and such rate may be collected by the council in such amounts and at such intervals during the year as the council may determine:

Provided that, in the event of any period falling outside a financial year by reason of any change in the financial year of a council, the council may raise and levy a rate in respect of that period.

(2) If the Minister so directs, lower rates or no rates shall be levied under subregulation (1) for different classes of rateable land.

(3) In classifying such rateable land, regard shall be had to—

(a) the situation of the land;

(b) the area of the land;

(d) the services of the council made available to such land; and

(e) any other factors warranting a lower rate.

(4) Notwithstanding anything to the contrary contained in this regulation, where the council levies rates under the provisions of subregulation (1) which are declared by such council by resolution to include the cost of defraying in whole or in part the expenses incurred in providing, undertaking, executing, maintaining, and extending any scheme of sewerage or drainage and in providing sewerage, sanitary or rubbish removal services, the owner of any land referred to in regulation 63(1)(e) shall pay to the council for such services a proportion of the rates levied, and such proportion shall be calculated on such portion of the land as the council may determine.

(5) If in any financial year a council is required to meet any unforeseen expenditure or any expenditure which is of an unusual nature, and if such expenditure cannot reasonably be met by rates imposed in terms of subregulation (1), the council may, in addition to any such rates, assess, raise, levy by bye-law and collect a supplementary rate upon all rateable land within the council area.

82. Special rates

(1) Subject to the provisions of this Part a council may, for the purpose of recovering in whole or in part the expenses incurred by it in executing any works, make and levy by bye-law a special rate upon the owners of rateable land in that portion of the council area which derives special benefit from such works and make and levy by bye-law different special rates in respect of different classes of rateable land in that portion of the council area.

(2) In determining such different special rates, the council shall have regard to the factors mentioned in regulation 81(2).

83. When rates are due and payable

Every rate assessed by a council shall become due and payable by the owner upon a day to be fixed by the council, of which day and the amount of such rate, a council shall give at least 30 days’ notice by publication in the Gazette and in such other manner as the council by resolution directs.

84. To whom rates to be paid

Whenever the council has given such notice as provided in regulation 83 of the day on which any rate will become due and payable, it shall be the duty of the persons liable for such rate to pay the amount thereof to the Town Clerk or any collector duly authorised by the council to collect and receive the same, failing which defaulters shall be liable to legal proceedings for the recovery of the amounts due by them:

Provided that the council may accept payment of any rate by instalments in such equal or varying amounts as may be determined by it and on such conditions as it may specify.

85. Enforcement of payment of rates

(1) A council shall collect rates and may sue for, and recover, any rates which are due and payable to the council.

(2) Where the owner of any property fails to pay the rates or any part thereof owing in respect of such property after the expiration of one month from the time fixed under regulation 83 for the payment of the rates, the council shall cause a written notice of demand to be served on that owner to pay the amount stated in the notice within 14 days after service thereof.

(3) Where a person makes default in payment of rates after the expiration of the time specified in subregulation (2), the council shall cause to be published in the Gazette, or in a newspaper circulating in the area, the name of that person and the amount of the rates owing by him.

(4) The council shall, as soon as is reasonably practicable after the publication of the name of a defaulting rate payer in accordance with subregulation (3), apply to a magistrate or judge or a summary warrant for the recovery from such defaulter, or from any property belonging to him wheresoever situate, of the amount of the rates owing by him and any interest accruing in respect thereof in accordance with regulation 91.

(5) The magistrate shall, after the expiration of 14 days from the date of receipt of the application and verification of such a return, grant the warrant.

(6) A warrant granted in accordance with the provisions of this regulation shall contain every authority and be executed in all respects as if it were a writ of execution against property issued out of the magistrate’s court or the high court, and the bailiff of the court in executing the warrant shall conform to such rules and make such charges as are for the time being applicable to a writ of execution of such court.

86. Rate recoverable by action in magistrate’s court

(1) Notwithstanding the provisions of section 81, any rates assessed in accordance with the preceding provisions of these Regulations and unpaid after the expiration of the notice for the payment of such rates shall be recoverable at the suit of the council in the magistrate’s court for the district in which the council area is situated, whether the person liable for the payment of the rates is resident within the jurisdiction of such court or not.

(2) If the person proceeded against is not resident within the jurisdiction of the magistrate’s court for the district in which the council area is situate the summons directed to him may be served upon him by a messenger of the magistrate’s court of the district in which he is found or upon the person, if any, receiving any rents or profits of the rateable land in regard to which the rate alleged to be due is claimed, or who would receive the same if such rateable land were let or occupied.

87. Evidence of rate

In any proceeding to levy or recover rates or consequent on the levying or recovering of any rates under the provisions of these Regulations, the valuation rolls and records of the council, and all entries purporting to be made therein in the manner required by these Regulations, extracts or certified copies thereof signed by the Town Clerk, shall upon the production thereof be prima facie evidence of such rates and the contents thereof without any evidence that the notices required by or other requirements of these Regulations have been complied with:

Provided that it shall be competent for any person proceeded against to offer evidence to prove the contrary.

88. When owner liable to pay portion only of rate

When the owner who is liable to pay any rate ceases to be the owner of the land in respect of which he is assessed to pay rate before the end of the year in which such rate was made such owner shall be liable to pay a portion only of the rate payable proportionate to the time during which he continued to be the owner and any person who is the owner of the land during the remainder of the year shall be liable to pay a portion of such rate in proportion to the time during which he is such owner, and the same shall be recovered from him in the same manner as if he had been originally assessed for such land.

89. Payment of rate by occupier

(1) When the owner of any rateable land has been assessed rate in respect thereof, and the rate remains unpaid for three months, the council or its collector as aforesaid may, at any time within 12 months after imposing the rate, demand the amount of such rate or any part thereof from the occupier for the time being of such rateable land.

(2) No right of action shall lie against such occupier by the council for the amount demanded but such occupier may pay such amount.

(3) Every such occupier shall be entitled, subject to any agreement to the contrary to deduct from any rent payable by him to any such owner, so much as was so paid by him; and the production of the receipts for such rates so paid by the occupier shall, subject as aforesaid, be a good and sufficient discharge for the amount so paid as payment of rent to the owner.

90. Refusal by occupier to disclose name of owner

If, on the request of the council or any collector of rates duly authorised as such, the occupier of any land refuses or wilfully omits to disclose, or wilfully misstates to the council or collector making such request, the name and address of the owner of such land, or of the person receiving or authorised to receive the rents of the same, he shall be guilty of an offence and liable to a fine not exceeding P25.

91. Interest on unpaid rates

In case any rates made or levied under the provisions of these Regulations remain unpaid after three months from the date fixed by the council for the payment thereof, interest upon such rates shall be chargeable and recoverable by such council at the rate of 12 per cent per annum, reckoned from the date upon which such period of three months has expired.

92. Transfer of ownership of property

Whenever as a consequence of any change of ownership of any land or for any other reason, liability to pay the rate in respect of such land is transferred, the person whose liability is transferred shall, unless he notifies the Town Clerk in writing of such transfer, continue to be liable for the rate as if such transfer had not occurred:

Provided that nothing in this regulation shall affect the liability of any transferee to pay the rate due after such transfer as aforesaid.

93. Abatement of rates

Whenever the council assesses the rate to become due and payable upon a day to be fixed by the council, it shall be lawful for such council by bye-law duly made to allow all persons liable for the payment of such rate such abatement of the amount thereof as it deems fit:

Provided that—

(i) such abatement shall apply pari passu to all persons liable for such rate;

(ii) such bye-law shall direct that no such abatement shall be allowed in whole or in part to any person who does not pay the rate as assessed at the office of the council on or before the date fixed as aforesaid for the payment thereof; and

(iii) the council may refuse an abatement of rates in respect of any land liable for any arrears of rates.

94. Writing off rates

It shall be lawful for the council to write off any rates which have been in arrears and which are deemed by the council to be irrecoverable.

95. Grant of leases of unoccupied property

Where any rateable land in any council area is unoccupied, and the rates accrued thereon under these Regulations have been unpaid for five years, the council may take possession of such land and grant leases of the same subject to the provisions of these Regulations.

96. Term and rent

Every such lease shall be for such term, not exceeding three years, as the council may deem fit, and shall be granted for the best rent which may reasonably be had for such land and subject to such conditions as the council may determine.

97. Condition precedent

The council shall not take possession of any such land until three months after a notice in writing, setting forth the rates in respect of such land as are unpaid, and demanding payment thereof, and stating that, in default of payment the council will take possession of such land under the provisions of these Regulations, has been served upon the owner of such land, if he is within Botswana and his name and address are known to the council, or if there is no such owner so known until such notice has been affixed to some conspicuous place on such land and published in the Gazette at least once a month during three months; and every such notice shall contain sufficient description of the land to identify the same.

98. Resumption of possession by owner

Within three months after demand by the owner of any land taken possession of by the council as aforesaid, made within 30 years after the date of taking possession, and after payment of all arrears of rates due in respect thereof and interest upon all such arrears at the rate of 10 per cent per annum, such owner shall be entitled to resume possession of such land, subject to the terms of any lease theretofore lawfully granted by such council under the provisions of these Regulations.

99. Application of moneys received under leases by the council

All rent, and all other moneys payable under any such lease, shall, until the payment of all arrears and interest as aforesaid by the owner, or the expiration of 30 years from the date of taking possession of such land by the council, whichever first happens, be received by the council and shall be applicable—

(a) in defraying the expenses of and incidental to the giving of the notices as aforesaid, and the execution of such lease and the collection of the rents;

(b) in payment to the council of all arrears of rates and other payments due in respect of such land, together with interest on all arrears of rates at the rate of 10 per cent per annum, from the time when interest upon such rates accrues respectively, and in payment of all rates and other payments becoming due thereon,

and the residue of such moneys shall belong to such person as would have been entitled to receive the rents or profits of such land if these Regulations had not been brought into operation.

PART VIII
Revenues of Councils; Accounts and Audit (regs 100-108)

100. Revenue of councils

The revenues of a council shall consist of—

(a) such tax as the council is authorised by law to collect from the inhabitants of the council area;

(b) such rates as the council is authorised by law to impose;

(d) all moneys derived from licences or permits issued by the council and all taxes, dues and fees imposed under lawful authority by the council;

(e) interest on investments;

(f) such royalties as may by law be payable to or receivable by the council;

(g) donations, contributions and endowments;

(h) reimbursements;

(i) such grants as the Government may make to the council;

(j) any other moneys which may by law be paid to or received by the council.

101. General funds

(1) Every council shall establish and maintain a general fund and all moneys received by the council by way of revenue shall be paid into such fund, and all expenses incurred by the council in the execution of the powers and duties conferred upon it by or under the provisions of these Regulations shall be defrayed out of such fund.

(2) The Minister acting in accordance with the advice of the Minister responsible for finance may from time to time issue instructions with regard to the general management, supervision and control of general funds established under the provisions of subregulation (1).

102. Bank account and investments

(1) Every council shall open and maintain an account at a bank, and shall operate such account in such manner as may be prescribed.

(2) A council may obtain overdraft facilities from its bank:

Provided that no overdraft shall at any one time exceed in all an amount equal to one-third of the revenue (excluding grants) received Bank account and investments by the council during the preceding financial year, except with the written approval of the Minister acting in accordance with the advice of the Minister responsible for finance.

(3) A council may invest all or any part of its moneys in such manner as the Minister acting in accordance with the advice of the Minister responsible for finance may approve.

103. Borrowing powers

(1) A council may raise loans of such amounts, in such manner, for such purposes, and upon such conditions as the Minister acting in accordance with the advice of the Minister responsible for finance may in each case approve.

(2) Such loans shall be secured on the revenue and assets of the council.

(3) The interest for the time being payable in respect of any moneys borrowed by the council shall be a first charge on the revenue and assets comprising the security for such moneys.

104. Accounts and audit

(1) Every council shall cause true accounts to be kept in accordance with such instructions as may from time to time be issued by the Minister.

(2) Within three months from the end of the financial year, every Council shall cause its accounts for the preceding financial year to be balanced and an annual statement or abstract of such accounts to be prepared and presented to the Auditor-General.

(3) Such accounts with all books, vouchers and papers relating thereto, with a copy of such annual statement or abstract shall be audited by the Auditor-General, who shall carry out his duties in accordance with the provisions of section 124(2) of the Constitution of Botswana, and, section 38 of the Finance and Audit Act.

(4) The Auditor-General shall complete the audit of accounts within twelve months of their submission to him.

(5) The Auditor-General’s report and the audited statements shall be submitted to the—

(i) Minister;

(ii) Minister responsible for finance and development planning; and

(iii) Chief Executive Officer, who shall cause the report and the audited statements to be tabled before the Full Council.

(6) The Council shall upon receipt of the report and audited statements submit them to the Finance and General Purposes Committee which shall, together with Council Management and the Auditor-General, examine them in detail and shall report back with any recommendations to the Full Council.

(7) Every council shall permit the Auditor-General to check any cash, and verify the existence of any investments or other assets in its possession and to have access to all its accounts and all books, vouchers and papers relating thereto.

105. Supply of copies of statement and report

A copy of such annual statement or abstract and of the auditors report shall be furnished to any inhabitant of the area upon payment of such fee, if any, not exceeding 20 thebe, as may be fixed by resolution of the council.

106. Disallowance and surcharge

(1) The Chief Executive may make objection in writing to any item of expenditure, and shall report such objection to the Minister.

(2) The Chief Executive shall disallow any such item of expenditure or any part of such item on the ground that the expenditure is wrongful or unreasonable or on any other ground, and the Chief Executive may by order in writing surcharge any person as the person responsible for the payment of any such item having been made.

(3) If it appears to the Chief Executive that any failure to collect money due or any loss of money or damage to the property of a council has occurred through the wilful or negligent or wrongful act of any member or employee of the council, he shall by order in writing surcharge the amount thereof on any member or employee who, in the opinion of the Chief Executive, is so responsible.

(4) On ordering such surcharge, the Chief Executive shall forthwith report in writing to the Permanent Secretary the details thereof, and the Permanent Secretary may confirm the surcharge or remit all or any portion thereof as he may deem fit.

(5) Any sum so surcharged on any person shall be deemed to be a debt due to the council.

107. Financial year

The financial year of every council shall be from the first day of April to the 31st day of March in the next succeeding year.

108. Annual estimates

(1) Every council shall, after considering a report from its Finance Committee, at least three months before the beginning of any financial year prepare and approve by resolution detailed estimates of its revenue and expenditure for the forthcoming financial year, and shall submit such estimates together with a copy of such resolution for the approval of the Minister, who may either approve the estimates as submitted, or disallow such estimates in whole or in part, or refer such estimates back to the council for further consideration.

(2) A council may in any financial year prepare and approve by resolution supplementary estimates of revenue and expenditure.

(3) If the supplementary estimates include expenditure in excess of 10 per cent of an approved head under the annual estimates; or include expenditure not contained in the annual estimates or expenditure which cannot be met from revenue available to the council, the supplementary estimates together with a copy of the resolution approving them shall be submitted for the approval of the Minister, who may approve or disallow the supplementary estimates either wholly or in part.

(4) A council shall not, except with the prior approval of the Minister, incur any expenditure which has not been included in the estimates or supplementary estimates of the council, duly approved where necessary by the Minister, but may, after considering a report of its financial committee, and with the approval of the Minister, make reallocations of any sum contained in such approved estimates:

Provided that any person designated for the purpose in writing by the Minister, may, within such limits as the Minister may direct, approve reallocations without reference to the Minister.

PART IX
Dissolution of Councils (regs 109-110)

109. Minister may dissolve a council

Notwithstanding anything contained in these Regulations, the Minister may by order published in the Gazette dissolve any council, and thereupon all members thereof shall cease to hold office; and the Minister may thereupon by further order published in the Gazette appoint other persons to form a Commission, and every such Commission shall have the status of the council which has been dissolved and may exercise all the powers and authorities vested in such council:

Provided that, before exercising the powers conferred by this regulation, the Minister may direct such enquiry to be held as he may think necessary, and at any such enquiry the council in question or any employee of such council, or any member of the public who has been assessed for any tax within the area of the council, or held liable to pay rates to the council shall be entitled to be heard.

110. Suspension of a member of a council

Notwithstanding any other provision contained in these Regulations, the Minister may by order published in the Gazette suspend any member of any council, and thereupon such member shall, during such suspension, cease to hold office; and the Minister may also declare the seat of any such member to be vacant.

PART X
Miscellaneous (regs 111-115)

111. Power of entry

Any local government officer employed under the provisions of the Unified Local Government Service Act, and any employee of a council duly authorised for the purpose by the council in writing, may at all reasonable times enter into or upon land or premises within the council area or part thereof for the purpose of carrying out any duty imposed by these Regulations and specified in such authorisation.

112. Authentication of orders

Every order, notice or other document requiring authentication by the council may be sufficiently authenticated if signed by the Town Clerk and countersigned by the Mayor or any other person duly authorised by the Mayor.

113. Service of notice

Any notice or order under these Regulations or under any bye-law made hereunder may be wholly or in part in printing or in writing, or both, and where any notice or order is required to be given to the owner or occupier of any land or premises such notice or order, addressed to the owner or occupier thereof, as the case may require, may be served on the occupier of such land or premises, or left with some inmate of his abode, or if there is no occupier, may be put on some conspicuous part of such land or premises, and it shall not be necessary in any such order or notice to name the occupier or owner of such land or premises:

Provided that when the owner of any such land or premises and his residence are known to the council it shall be the duty of the council to cause every notice or order required to be given to the owner to be served on such owner, or to send every such notice or order by registered post, addressed to the residence or postal address of such owner.

114. Penalty for obstruction

Every person who at any time obstructs the council or the Town Clerk or any person employed by the council or acting under the directions of the council in the performance of anything which they are respectively empowered or required to do by these Regulations or by any bye-laws made hereunder or any other law shall be guilty of an offence and liable to a fine not exceeding P100 or in default of payment thereof to imprisonment for a term not exceeding three months.

115. Recovery of Government expenditure

(1) If the Government has expended public funds or incurred any liability as a result of a resolution of a council under which the council has undertaken to pay the Government a capital or recurrent contribution from its funds, the Minister may, if the council fails to make due payment in accordance with the provisions of such resolution, order that such payment be made from the funds of the council, and that any rate or tax necessary to produce the sum required shall be imposed upon and collected from the rateable or taxable inhabitants of the council area, or the part thereof concerned.

(2) If the Minister is satisfied that a judgment for the payment of money has been given by a competent court against a council, or that for good and sufficient reason money is due from and payable by a council, and the council fails to make due payment, he may order that such payment be made from the funds of the council and that any rate or tax necessary to produce the sum required shall be imposed upon and collected from the rateable or taxable inhabitants of the council area or the part thereof concerned.

SCHEDULE
FUNCTIONS WHICH MAY BE CONFERRED ON COUNCIL

(reg. 32)

1. To provide primary school and other educational services in relation to primary education.

2. (1) …

(2) To provide public lavatories.

(3) To prevent the breeding of disease-carrying animals and insects.

3. To make, alter and maintain public roads and streets other than those the maintenance of which has been undertaken by the Government, and to name all roads and streets within the council area.

4. To provide public water supplies outside any area for which a water authority has been appointed by law.

5. (1) To provide for the protection of common property.

(2) To protect common lands and pastures.

(3) To establish and maintain common markets.

(4) To establish and maintain recreation grounds and other public places and to provide for the planting and protection of plants and shrubs.

(5) To establish and maintain stockyards, pens and dipping tanks.

(6) To collect and dispose of stray livestock and other domestic animals.

(7) To establish and maintain cemeteries and burial grounds.

(8) To provide services or assist in the provision of services giving relief from or attempting to avert natural calamity.

(9) To assist associations existing for the promotion of recreation and sport, arts and crafts or for the welfare of children or young persons or for the relief and support of blind, infirm, indigent, aged or destitute persons.

6. To enter into contracts or concessions for the sale of land or premises or of any interest therein.

7. To carry into effect any bye-laws made by the council.

8. To secure the proper working of the council (and any committees thereof) and the welfare of its employees.

9. To provide public electricity supplies in accordance with any law relating to the supply of electricity.

10. With the approval of the Minister on land vested in the council to build, maintain and let out housing.

11. To establish, maintain, and operate abattoirs.

12. With the approval of the Minister to establish, maintain, and operate premises whereon traditional beer is sold or otherwise handled.

13. With the approval of the Minister to acquire land by purchase for development for particular purposes and sell such land in serviced lots.

TOWN COUNCIL (KEEPING OF BYE-LAWS) REGULATIONS

(section 9)

(14th March, 1969)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Keeping of copies of bye-laws

3. Copies of all adopted model bye-laws to be kept

S.I. 33, 1969.

1. Citation

These Regulations may be cited as the Town Council (Keeping of Bye-laws) Regulations*.

2. Keeping of copies of bye-laws

(1) Whenever a bye-law is made by a council, a copy thereof certified by the Town Clerk as a true copy shall be filed and kept by the Town Clerk in his office and in his custody under the direction of the council.

(2) Whenever any such bye-law is approved and published in terms of regulation 31 of the Town Council Regulations, the Town Clerk shall immediately record such approval and publication on the copy of the bye-law kept by him as aforesaid.

(3) Any amendment, suspension, revocation or repeal of a bye-law shall likewise be recorded by the Town Clerk on the copy kept as aforesaid.

3. Copies of all adopted model bye-laws to be kept

Whenever any model bye-law is adopted by a council, a copy of such bye-law in the form in which it is adopted, certified by the Town Clerk as a true copy, shall be filed and kept as provided in regulation 2, and all the remaining provisions of the said regulation shall have effect mutatis mutandis in relation to such copy.

TOWN COUNCIL (MISCELLANEOUS PROVISIONS) REGULATIONS

(section 9)

(8th August, 1969)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Appeal against refusal of issue of licence or permit

3. Operation of banking account by council

4. Period for balancing council’s accounts

S.I. 76, 1969,
S.I. 1, 1978.

1. Citation

These Regulations may be cited as the Town Council (Miscellaneous Provisions) Regulations*.

2. Appeal against refusal of issue of licence or permit

(1) A person aggrieved by the refusal to issue any licence or permit for the use of which any bye-law made under the Town Council Regulations (hereinafter referred to as “the principal Regulations”), provides, may appeal to the Minister by written notice stating—

(a) the description of the licence or permit, the issue of which was applied for;

(b) the full names of the person who made the application;

(d) the date on which it was refused; and

(e) the grounds on which the appellant contends that the issue of the licence or permit was wrongly refused.

(2) Such notice shall be served by the appellant on the Minister within 30 days after the date when the issue of the licence or permit was refused, and a copy of such notice shall be served within the same period on the body which, or person who, refused to issue the licence or permit to enable it or him to submit to the Minister comments on such notice.

3. Operation of banking account by council

(1) Every account at a bank opened by a council in terms of regulation 98(1) of the principal Regulations shall be opened and maintained in the name of the council.

(2) The council shall operate such account by means of instruments signed on its behalf by—

(a) the Town Clerk or a person duly appointed to act temporarily in his place; and

(b) the Town Treasurer or a person duly appointed to act temporarily in his place.

4. Period for balancing council’s accounts

The period within which every council shall cause its accounts for the preceding financial year to be balanced, and an annual statement or abstract of such accounts to be prepared, in terms of regulation 100(2) of the principal Regulations shall be a period of three months reckoned from the end of such financial year.

KASANE TOWNSHIP REGULATIONS

(section 9)

(7th April, 1977)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Kasane Township Authority

4. Constitution

5. Power to make bye-laws

S.I. 37, 1977,
G.N. 225, 1977
S.I. 103, 2011.

1. Citation

These Regulations may be cited as the Kasane Township Regulations*.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“Chobe District Council” means the Chobe District Council established and constituted under the Establishment of Chobe District Council Order.

“Kasane Township” or “township” means the Kasane Township as defined in terms of the Townships Act.

“Township Authority” means the Kasane Township Authority established under regulation 3.

3. Kasane Township Authority

There is hereby established a Township Authority for the Kasane Township, to be known as the Kasane Township Authority.

4. Constitution

The Chobe District Council shall be the Township Authority for Kasane Township.

5. Power to make bye-laws

The Township Authority may, subject to the approval of the Minister, make bye-laws for the health, order and good government of the township and to that extent any bye-laws made by the Chobe District Council shall apply mutatis mutandis to the township and shall be deemed to have been made under these Regulations.

GHANZI TOWNSHIP REGULATIONS

(under section 9*)

(7th April, 1977)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Ghanzi Township Authority

4. Constitution

5. Power to make bye-laws

S.I. 38, 1977.

1. Citation

These Regulations may be cited as the Ghanzi Township Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“Ghanzi District Council” means the Ghanzi District Council established and constituted under the Establishment of the Ghanzi District Council Order (Cap. 40:01 (Sub. Leg.));

“Ghanzi Township” or “township” means the Ghanzi Township as defined in terms of the Townships Act;

“Township Authority” means the Ghanzi Township Authority established under regulation 3.

3. Ghanzi Township Authority

There is hereby established a Township Authority for the Ghanzi Township, to be known as the Ghanzi Township Authority.

4. Constitution

The Ghanzi District Council shall be the Township Authority for the Ghanzi Township.

5. Power to make bye-laws

The Township Authority may, subject to the approval of the Minister, make bye-laws for the health, order and good government of the township and to that extent any bye-laws made by the Ghanzi District Council shall apply mutatis mutandis to the township and shall be deemed to have been made under these Regulations.

TOWN COUNCIL (PUBLIC SEWERS) REGULATIONS

(under section 9)

(8th April, 1982)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Duty of council to keep map showing sewers

4. Power of council to alter or close public sewer

5. Power of council to agree to adopt sewer or sewage disposal works

6. Certain matter not to be passed into sewer

7. Storm water not to enter public sewer

8. Sewage not to enter storm water drains

9. Right to connect to public sewer

10. Council to require connection to public sewer in certain circumstances

11. Procedure in respect of connection to public sewer

12. Common sewer or drain

13. Disconnection

14. Discharge of trade effluent into public sewer

15. Control of trade effluent

16. Metering and assessment of trade effluent

17. Grease traps

18. Penalties where not prescribed

S.I. 37, 1982.

1. Citation

These Regulations may be cited as the Town Council (Public Sewers) Regulations.

2. Interpretation

(1) In these Regulations, unless the context otherwise requires—

“authorised officer” means a person authorised by a council to inspect public sewers or pipes or drains connected therewith;

“council” means a city or town council established under the Act;

“drainage installation” means a system of drains, pipes and sewers used for the sewerage of a building, including any fitting, appliance or equipment connected thereto;

“foul water” means water contaminated by soil water, waste water or trade effluent;

“latrine” includes a privy, a urinal, an earth-closet or a water-closet;

“owner”, in relation to immovable property, means the person or his agent receiving the rent or profits for any land or premises from the occupier thereof or a person who occupies or holds land in accordance with the terms of an agreement;

“public sewer” means any piped sewer, ditch or watercourse for the passage of foul water constructed or maintained by or vested in a local authority or the Minister for the time being responsible for local government and lands;

“sewer” or “drain” means a pipe conveying foul water forming part of the sewerage or drainage installation of a building, including any pipe connecting a drain to a public sewer;

“soil water” means water containing excreted matter, whether human or animal;

“storm water” includes surface water or rain water;

“trade effluent” means liquid, either with or without particles of matter in suspension, which is wholly or in part produced in the course of trade, industry or research;

“waste water” means used water, not being soil water, trade effluent or storm water.

(2) For the purposes of these Regulations a building shall not be deemed to have a public sewer available except where there exists or there is in the course of construction within 30 metres of the site of a building a public sewer or a sewer connecting thereto at a suitable invert level which the owner of the building is entitled to use, and a sufficient supply of water except where such is laid on or a supply can be connected from a point within 30 metres of the site of the building:

Provided that, where the distance of a public sewer or the point from which a supply of water is available exceeds 30 metres and a council agrees to undertake the construction at its expense of a drain to connect to a public sewer or the laying of a pipe to the point of connection to a supply of water, the 30 metres limit shall not apply.

3. Duty of council to keep map showing sewers

Every council shall keep deposited at its office for inspection by any person during normal working hours a map showing and distinguishing each public sewer and any sewer in the course of construction within its area.

4. Power of council to alter or close public sewer

A council may alter the size or course of any public sewer or discontinue and prohibit the use thereof:

Provided that the council shall, at its expense, execute any work necessary to connect to another sewer the drainage installations of the users of the sewer under alteration or discontinued.

5. Power of council to agree to adopt sewer or sewage disposal works

A council may enter into an agreement with any person constructing or proposing to construct a sewer or sewerage disposal works to the effect that upon completion of the work to the satisfaction of the council or on a specified date the sewer or works shall be vested in and thereafter maintained by the council.

6. Certain matter not be passed into sewer

(1) No person shall throw or empty or permit to be thrown or emptied into a public sewer or into any drainage installation or sewer connecting to a public sewer any—

(a) matter which is likely to cause damage to the fabric of the sewer or interfere with the free flow of its contents;

(b) chemical refuse or waste steam, or liquid which, alone or in combination with the contents of the sewer, is dangerous or would cause a nuisance or be prejudicial to health;

(d) radioactive substance.

(2) Any person who contravenes any provision of this regulation shall be guilty of an offence and liable on conviction to a fine not exceeding P100 and a further fine not exceeding P10 per day for each day on which the offence continues.

7. Storm water not to enter public sewer

No person shall discharge or cause or permit the discharge, directly or indirectly, of storm water into a public sewer.

8. Sewage not to enter storm water drains

No person shall discharge or cause or permit the discharge, directly or indirectly, of any sewage or foul water into a storm water drain, a river, a stream or other watercourse, whether natural or artificial.

9. Right to connect to public sewer

(1) Subject to the provisions of regulation 11, an owner shall, at his expense, be entitled to have the drainage installation of his premises connected to a public sewer.

(2) Notwithstanding the provisions of subregulation (1), no person shall—

(a) discharge, directly or indirectly, into a public sewer, any liquid or other matter—

(i) from a factory or trade premises or a manufacturing process except with the written permission of the council under regulation 14; or

(ii) the discharge of which is prohibited under these Regulations or any enactment;

(b) connect a drainage installation to a public sewer—

(i) unless he satisfies the council that the premises concerned have a sufficient supply of water;

(ii) where the sewer is situated at a distance of more than 30 metres from the boundary of the premises.

10. Council to require connection to public sewer in certain circumstances

Where a public sewer and a sufficient supply of water is available and a council is of the opinion that satisfactory provision has not been made for the hygienic and adequate disposal of foul water or that any cesspool, septic tank, latrine or appliance or equipment provided for the collection or disposal of foul water is defective or insufficient so as to be prejudicial to health or a nuisance, the council may, within a specified time and at his own expense, require the owner to remove any latrine or other non-waterborne system and replace the same with a water closet connected to the council’s sewerage system.

11. Procedure in respect of connection to public sewer

(1) A person who requires the drainage installation of his premises to be connected to a public sewer shall apply in writing to the council in such manner as may be prescribed.

(2) Where a council receives an application under subregulation (1) it shall, within 21 days of the receipt thereof, advise the applicant in writing whether or not the application has been granted or rejected.

(3) A rejection of an application under subregulation (1) shall be given in writing to the applicant and shall state the reason therefor.

(4) Where an application is granted, the council shall advise the applicant whether or not it intends to carry out, on behalf of the applicant, the work required.

(5) Where a council intends to carry out work under subregulation (4) the applicant shall, before work commences, be required to pay the council the cost thereof as estimated by the council.

(6) Where the applicant carries out or causes to be carried out the work required, he shall give to the council reasonable notice thereof in writing and shall accord to an authorised officer reasonable access to inspect the work.

(7) A connecting drain, pipe or sewer constructed under the preceding provisions of this regulation shall vest in the council, and the maintenance, repair or renewal thereof shall, at the expense of the owner of the premises served thereby, be carried out by the council.

(8) Any person who causes a drain, a pipe or a sewer to be connected to a public sewer in contravention of the provisions of these Regulations shall be guilty of an offence and liable on conviction to a fine not exceeding P200, and, whether proceedings have or have not been taken in respect of that offence, the council may close the connection in question and recover from the offender any costs incurred thereby.

(9) Where a payment made under subregulation (5)—

(a) exceeds the cost incurred, the council shall repay the excess; or

(b) is insufficient, the balance shall be recoverable from the person for whom the work was done.

12. Common sewer or drain

A council may, in its discretion and with the agreement of the owners concerned, permit the drainage installations of two or more buildings to connect with a public sewer by means of a common sewer or drain.

13. Disconnection

(1) Except with the written permission of the council and on its behalf, a drainage installation connected to a public sewer shall not be disconnected therefrom for the purpose of maintenance or renewal.

(2) Maintenance or renewal work carried out under subregulation (1) shall be at the expense of the owner of the premises.

14. Discharge of trade effluent into public sewer

(1) A council may, subject to the written approval of the Minister and to any condition he may think fit to impose, grant permission for the discharge into a public sewer of trade effluent from any premises or for any alteration in the rate, volume, quality or nature of any such discharge.

(2) An approval under subregulation (1) may incur a charge for the reception and treatment of the trade effluent and for any alteration which may be necessary to a pump, sewer, sewage disposal works or machinery connected therewith.

(3) A person wishing to discharge trade effluent into a public sewer shall make application in writing to the council for permission to do so and shall submit to the council—

(a) the chemical composition, nature and volume of the effluent;

(b) a description of the industrial process or trade giving rise to the effluent;

(d) such other information, including the submission of samples, which the council may consider necessary.

(4) A person permitted in terms of subregulation (1) to discharge trade effluent into a public sewer shall, prior to any change in the nature or volume of that effluent, notify the council in writing of the date on which it is proposed the change will take place and the council may impose any additional condition it may deem necessary.

(5) Any person who discharges or causes or permits the discharge, directly or indirectly, of trade effluent into a public sewer without the prior written permission of the council shall be guilty of an offence and liable on conviction to a fine not exceeding P2 000 and to such charge as the council may, with the approval in writing of the Minister, assess for the conveyance and treatment of the effluent so discharged.

(6) Without prejudice to its rights in terms of subregulation (5), a council shall be entitled to recover from any person who discharges, directly or indirectly, trade effluent into a public sewer any costs which may be incurred by it as a result of any damage caused thereby to a public sewer or sewage treatment works.

15. Control of trade effluent

Notwithstanding any other provision of these Regulations a council may, by notice in writing to the owner of any premises from which trade effluent is discharged, require him to execute, at his expense, any of the following—

(a) before it is discharged into a public sewer, subject the effluent to such treatment as will in the opinion of the council prevent a contravention of regulation 6(1);

(b) restrict the discharge of effluent to specified hours and the rate thereof to a specified maximum and install a tank, appliance or other equipment necessary to comply therewith;

(c) in a drainage installation conveying trade effluent to a public sewer, construct one or more inspection, sampling or metering chambers of a material and dimension and in a position such as the council may determine; or

(d) provide and maintain a meter measuring the total volume of water drawn from a borehole, a spring or other natural source and used on the premises.

16. Metering and assessment of trade effluent

(1) A council may incorporate in a drainage installation conveying trade effluent to a public sewer, in such a position as it shall determine, a meter or gauge or other device for the purpose of ascertaining the volume or composition of the effluent, and it shall be an offence for any person to by-pass, open, break into or otherwise interfere with or damage any such meter, gauge or other device:

Provided that a council may, with the written approval of the Minister, enter into an agreement with any person from whose premises trade effluent is discharged into a public sewer to establish an alternative method of assessing the volume of effluent so discharged.

(2) A council shall be entitled, in terms of subregulation (1), to install and maintain, at the expense of the owner, a meter, gauge or other device.

17. Grease traps

A council may, by written notice to the owner of a hotel, boarding house, restaurant, eating house, laundry or other premises from which waste water of a fatty or soapy nature is discharged into a drain or sewer, require such owner, within a reasonable time to be specified in the notice to provide and fix, to the satisfaction of the council, a proper and efficient grease trap for the reception thereof prior to the waste water being discharged into the sewer or drain.

18. Penalties where not prescribed

Any person found guilty of an offence against any provision of these Regulations shall, where no penalty is prescribed therefor, be liable to a fine not exceeding P100 and a further fine not exceeding P10 per day for each day on which the offence continues.

TOWN COUNCIL (HAWKING AND STREET-VENDING) REGULATIONS

(section 9)

(26th April, 2002)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Interpretation

3. Prohibition of hawking or street-vending without certificate

4. Application for certificate

5. Period of certificate

6. Renewal of certificate

7. Register of hawkers and street-vendors

8. Issue of duplicate certificate

9. Certificate not transferable

10. Modification, suspension or cancellation of certificate

11. Duties of hawkers and street-vendors

12. Prohibited forms of hawking

13. Prohibited forms of street-vending

14. Appeals

15. Certificate to be produced for inspection

16. Penalties for offences

Schedule

S.I. 27, 2002.

1. Citation

These Regulations may be cited as the Town Council (Hawking and Street-Vending) Regulations.

2. Interpretation

In these Regulations, unless the context otherwise requires—

“authorised official” means the Town Clerk or City Clerk or any employee of the Council duly authorised as such, in writing, by the Council;

“certificate” means a hawker’s certificate of registration or a street-vendor’s certificate of registration, issued under regulation 4;

“Council” means a city or a town council established under the Town Council Regulations (Cap. 40:02 (Sub. Leg.));

“council area” means the area under the jurisdiction of the Council;

“hawker” means a person, being otherwise unemployed, who carries on the business of selling his goods from place to place within Botswana, which business has an average monthly turnover of no more than P500 per month;

“Police Force” means the Botswana Police Force or the Local Police Force;

“register” means any register which a Council is required to keep under regulation 7;

“Registrar” means a Town Clerk or City Clerk or any employee of the Council duly authorised as such, in writing, by the Council; and

“street-vendor” means a person, being otherwise unemployed, who carries on the business of selling goods from a pitch at which he stations himself, either in a convenient public place or upon land which he has no right to control, which business has an average monthly turnover of no more than P500 per month.

3. Prohibition of hawking or street-vending without certificate

(1) No person shall carry on the business of a hawker or street-vendor within the council area unless such person—

(a) is a citizen of Botswana;

(b) has attained the age of 16 years; and

(2) Notwithstanding the provisions of subregulation (1) any person who is not required to obtain a licence to carry on any business in terms of section 32(3) of the Trade Act (Cap. 43:02) may carry on the business of a hawker or street-vendor and shall not be required to obtain a certificate.

(3) Any person who contravenes the provisions of subregulation (1), as read with subregulation (2), shall be guilty of an offence under these Regulations.

4. Application for certificate

(1) Any person wishing to carry on the business of a hawker or street-vendor shall make an application as set out in Form A of the Schedule, to the Registrar, supplying such information as the Registrar may require and, in particular, specifying the—

(a) class of goods to be traded; and

(b) area in which he wishes to trade.

(2) The application shall be accompanied by—

(a) two photographs, approximately five by four centimetres in size, clearly depicting the face and shoulders of the applicant; and

(b) a copy of the applicant’s identity card (in these Regulations referred to as an “Omang“) issued in accordance with the provisions of the National Registration Act (Cap. 01:02).

(3) The Registrar may refuse to issue a certificate to any person—

(a) if he is satisfied that the issue of such certificate would be contrary to the public interest;

(b) in respect of a particular class of goods, if he is satisfied that the carrying on of business in respect of that class of goods would be contrary to the public interest; or

(c) in respect of a particular area or areas, if he is satisfied that the carrying on of business in such area or areas would be contrary to the public interest.

(4) The Registrar may, if he is satisfied that the requirements of these Regulations have been met, issue a hawker’s or street-vendor’s certificate as set out in Forms B and C of the Schedule respectively, subject to such conditions as he considers necessary or expedient having regard to the provisions of these Regulations.

5. Period of certificate

A certificate issued under regulation 4(4) shall, subject to the provisions of these Regulations, be valid for a period of two years and, unless renewed under regulation 6, shall expire immediately after a period of two years from the date of issue thereof has elapsed.

6. Renewal of certificate

(1) A certificate may, upon its expiry, be renewed by application made to the Registrar as set out in Form D, for a period of two years and thereafter for further periods of two years.

(2) An application for renewal in terms of subregulation (1), shall be made—

(a) no later than one month before the expiry of that certificate; or

(b) no later than one month before the expiry of any of the subsequent periods for which the certificate has been renewed in terms of subregulation (1).

(3) Subject to the provisions of subregulation (5), the Registrar shall, on application made in terms of subregulations (1) and (2), endorse such renewal on the certificate and may attach such conditions to the renewal thereof as he may determine.

(4) Any certificate which is not renewed pursuant to an application made in accordance with subregulations (1) and (2) shall expire and may be renewed only by applying for a new certificate.

(5) The Registrar may refuse to renew a certificate if he is satisfied that—

(a) the conditions of the certificate have not been complied with;

(b) the conditions of these Regulations have not been complied with; or

7. Register of hawkers and street-vendors

(1) The Registrar shall keep a register of all registered hawkers and a register of all registered street-vendors.

(2) The Registrar shall cause to be entered in such registers the following particulars in respect of each registered hawker or street-vendor—

(a) his full name;

(b) his registration certificate number;

(d) the types of goods allowed to be sold (as contained in the certificate);

(e) the area in which such goods may be sold (as contained in the certificate); and

(f) any other particulars which the Registrar may consider necessary.

8. Issue of duplicate certificate

(1) The Registrar, on being satisfied that a certificate issued in terms of these Regulations has been lost or destroyed, shall issue a duplicate certificate to that person.

(2) Where a certificate which has been lost and replaced is recovered, the duplicate certificate shall be returned forthwith to the Registrar.

9. Certificate not transferable

(1) A certificate issued under these Regulations shall not be hired, ceded, transferred or in any way whatsoever made over to any other person.

(2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence under these Regulations.

10. Modification, suspension or cancellation of certificate

(1) The Registrar may modify, suspend or cancel a certificate if the conditions of the certificate have not been complied with or if the continuing use of the certificate constitutes a danger to public health.

(2) The Registrar may, at any time, withdraw or cancel a certificate issued under these Regulations if—

(a) the holder thereof purports to hire, cede, transfer or in any way whatsoever make over the certificate to any other person;

(b) the holder thereof is subsequently convicted of an offence under these Regulations; or

Provided that the Registrar shall, where practicable, allow the certificate holder such time as he may consider necessary to enable the holder of the certificate to dispose of his existing stock.

11. Duties of hawkers and street-vendors

(1) Every hawker or street-vendor shall—

(a) at all times keep in a clean and sanitary condition all receptacles, instruments and other articles used in the conduct of his trade;

(b) pick and remove any litter or refuse which, in or through the conduct of his trade, has been deposited, dropped or has fallen on any public place or private property;

(d) provide a separate storage compartment for the goods to be traded; and

(e) if directly or indirectly obstructing traffic in any public place or obstructing the use of any public place, or causing a nuisance or danger to persons in the vicinity by means of himself, his vehicles or his goods, at the request of any member of the Police Force or authorised officer, remove himself, his vehicles or his goods, as the case may be, to such other place, as may reasonably be required, in order to discontinue such obstruction or danger or to abate such nuisance.

(2) No hawker or street-vendor shall—

(a) agree, undertake or purport to hire, cede, transfer or in any way whatsoever make over his certificate to any other person;

(b) trade in goods other than those specified in his certificate; or

(3) Any person who contravenes the provisions of subregulations (1) or (2) shall be guilty of an offence under these Regulations.

12. Prohibited forms of hawking

(1) No hawker shall—

(a) trade on any private property without the consent of the owner, lessee, manager or occupier of the said property;

(b) erect or expose goods for sale in any tent, booth, stall, stand or similar structure; or

(2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence under these Regulations.

13. Prohibited forms of street-vending

(1) No street-vendor shall—

(a) in any area erect or expose goods for sale in any tent, booth, stall, stand or similar structure, unless approved by the Council to use, in such area, such tent, booth, stall, stand or similar structure and the Registrar has endorsed such permission on the certificate;

(b) refuse, at the request of a member of the Police Force or an authorised official, to move his goods, receptacles and any other objects associated with his trade, so as to permit the Council’ sanitary staff to clear any area in which he is conducting his business;

(c) when departing from the pitch at which he has been carrying on trade, leave behind goods, receptacles or other objects associated with his trade or leave such pitch in an unclean state;

(d) carry on business except in between the hours of 6 a.m. and 10 p.m.

(2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence under these Regulations.

14. Appeals

Any person aggrieved by the decision of the Registrar, made under these Regulations, may appeal, in writing, to the Minister.

15. Certificate to be produced for inspection

(1) Every holder of a certificate issued under these Regulations shall, on demand by any authorised official or any member of the Police Force, immediately thereon produce it for inspection or otherwise shall, within 48 hours of such demand, produce it for inspection at the office of such authorised official or at the station of such member of the Police Force, as the case may be.

(2) Any person who contravenes the provisions of subregulation (1) shall be guilty of an offence under these Regulations.

16. Penalties for offences

(1) Any person who is guilty of an offence under these Regulations shall be liable, on conviction for a first offence, to a fine not exceeding P100 or to imprisonment for a term not exceeding two months, or to both, and for a second and subsequent conviction, to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

(2) Any person who is convicted of any offence under these Regulations may, in addition to any penalty to which he may be liable to—

(a) have his certificate cancelled with effect from such date as the court considers necessary taking into account the time needed to enable him to dispose of his existing stock; or

(b) have his goods impounded or confiscated.

SCHEDULE

Form A
APPLICATION FOR A HAWKER’S OR STREET-VENDORS CERTIFICATE

(regulation 4)

(This form is to be completed in block letters. Attach two passport size photographs, approximately 5 cm x 4 cm and a copy of your Omang.)

Full name of applicant ……………………………………………………………………………………..
(Surname first)
Postal address ………………………………………………………………………………………………
Identity No. …………………………………………………………………………………………………..
* I wish to apply for a hawker’s/street-vendor’s certificate as follows:
(1) Areas to be covered- ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
(2) Trading in the following classes of goods- ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
Date ……………………………………………	……………………………………………. Signature of applicant
FOR OFFICIAL USE ONLY
Date on which application was received ………………………………………………………………..
* Date of approval/rejection of application ………………………………………………………………
	…………………………………………….. Registrar

*Delete as necessary.

Form B
HAWKER’S CERTIFICATE

(regulation 4)

*Photograph of holder*
Registration number ………………………………………………………………………………………..
Surname ………………………………………………………………………………………………………
Other names …………………………………………………………………………………………………
Identity number ………………………………………………………………………………………………
Place of birth …………………………………………………………………………………………………
Sex …………………………………………………………………………………………………………….
Postal address ………………………………………………………………………………………………
Physical address ……………………………………………………………………………………………
District …………………………………………………………………………………………………………
The holder of this certificate is entitled to hawk in the following areas/places- ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
and to trade in the following classes of goods- ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
subject to the following conditions- ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
	……………………………………………… Signature or thumb-print of holder
Date of issue ………………………………………………
Office of issue …………………………………………….
OFFICIAL STAMP
	…………………………………………….. Signature of Registrar

RENEWALS
Date: …………………………………………………………………………………………………………..
Conditions: …………………………………………………………………………………………………… ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
	…………………………………………….. Signature of Registrar
Date: …………………………………………………………………………………………………………..
Conditions: …………………………………………………………………………………………………… ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
	…………………………………………….. Signature of Registrar
Date: …………………………………………………………………………………………………………..
Conditions: …………………………………………………………………………………………………… ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
	…………………………………………….. Signature of Registrar

Form C
STREET-VENDOR’S CERTIFICATE

(regulation 4)

*Photograph of holder*
Registration number ………………………………………………………………………………………..
Surname ………………………………………………………………………………………………………
Other names …………………………………………………………………………………………………
Identity number ………………………………………………………………………………………………
Place of birth …………………………………………………………………………………………………
Sex …………………………………………………………………………………………………………….
Postal address ………………………………………………………………………………………………
Physical address ……………………………………………………………………………………………
District …………………………………………………………………………………………………………
The holder of this certificate is entitled to vend in the following areas/places- ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
and to trade in the following classes of goods- ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
subject to the following conditions- ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
	……………………………………………… Signature or thumb-print of holder
Date of issue ………………………………………………
Office of issue …………………………………………….
OFFICIAL STAMP
	…………………………………………….. Signature of Registrar

RENEWALS
Date: …………………………………………………………………………………………………………..
Conditions: …………………………………………………………………………………………………… ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
	…………………………………………….. Signature of Registrar
Date: …………………………………………………………………………………………………………..
Conditions: …………………………………………………………………………………………………… ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
	…………………………………………….. Signature of Registrar
Date: …………………………………………………………………………………………………………..
Conditions: …………………………………………………………………………………………………… ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
	…………………………………………….. Signature of Registrar
Date: …………………………………………………………………………………………………………..
Conditions: …………………………………………………………………………………………………… ………………………………………………………………………………………………………………….. ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
	…………………………………………….. Signature of Registrar

Form D
APPLICATION FOR RENEWAL OF A HAWKER’S OR STREET-VENDOR’S CERTIFICATE

(regulation 4)

(This form is to be completed in block letters)
Full name of applicant ……………………………………………………………………………………..
(Surname first)
Registration number ………………………………………………………………………………………..
Place of residence …………………………………………………………………………………………. …………………………………………………………………………………………………………………..
Postal address ………………………………………………………………………………………………
Identity No. …………………………………………………………………………………………………..
* I wish to apply for the renewal of my hawker’s/street vendor’s certificate as follows:
(1) Areas to be covered- ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
(2) Trading in the following classes of goods- ………………………………………………………………………………………………………………….. …………………………………………………………………………………………………………………..
Date: …………………………………..	……………………………………………… Signature of applicant
FOR OFFICIAL USE ONLY
Date on which application was received ………………………………………………………………
* Date of approval/rejection of application …………………………………………………………….
	……………………………………………. Registrar

*Delete as necessary.

TOWN COUNCIL (HAWKING AND STREET-VENDING) REGULATIONS (APPLICATION) REGULATIONS

(section 9)

(19th July, 1985)

ARRANGEMENT OF REGULATIONS

REGULATION

1. Citation

2. Application

Schedule

S.I. 94, 1985.

1. Citation

These Regulations may be cited as the Town Council (Hawking and Street-Vending) Regulations (Application) Regulations.

2. Application

The Town Council (Hawking and Street-Vending) Regulations shall apply to the council areas specified in the Schedule hereto.

SCHEDULE

Francistown Town Council area
Gaborone City Council area
Jwaneng Town Council area
Lobatse Town Council area
Selebi-Phikwe Town Council area

ESTABLISHMENT OF THE LOBATSE TOWN COUNCIL ORDER

(regulation 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Constitution and establishment of the Lobatse Town Council

3. Filling of vacancies

4. Functions to be performed by the council

L.N. 48, 1966,
S.I. 111, 1969,
S.I. 79, 1980,
S.I. 58, 1984,
S.I. 109, 1984,
S.I. 97, 1994,
S.I. 43, 1999,
S.I. 102, 2004,
S.I. 122, 2004,
S.I. 13, 2007,
S.I. 91, 2009,
S.I. 134, 2024,
S.I. 167, 2024.

1. Citation

This Order may be cited as the Establishment of the Lobatse Town Council Order.

2. Constitution and establishment of the Lobatse Town Council

(1) There shall be a town council, to be known as the Lobatse Town Council in respect of the area defined in paragraph 6 of the Schedule to the Declaration of Townships Order.

(2) The Council shall consist of—

(a) 12 elected members;

(b) three nominated members; and

(i) an administrative officer who has special responsibilities relating to the development of the area,

(ii) every land board chairperson within the Administrative District,

(iii) every member of the Ntlo ya Dikgosi designated or selected under subsection (1) or (2) of section 78 of the Constitution, and

(iv) a Kgosi who resides within the headquarters of the Council.

(3) The elected members of the Lobatse Town Council shall be elected in the manner provided by the Electoral Act.

(4) The nominated members of the Lobatse Town Council shall be appointed by the Minister by writing under his hand.

3. Filling of vacancies

If the seat of a member of the council becomes vacant by virtue of any provision of the Town Council Regulations the vacancy thus caused shall be filled in the case of—

(a) a seat occupied by an elected member, as in paragraph 2(3) of this Order;

(b) a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

4. Functions to be performed by the council

The Lobatse Town Council shall perform the functions set out in paragraph 1 of the First Schedule to the Town Council Regulations and may perform any or all of the remaining functions set out in the said First Schedule.

ESTABLISHMENT OF THE GABORONE CITY COUNCIL ORDER

(regulation 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Constitution and establishment of the Gaborone City Council

3. Filling of vacancies

4. Functions to be performed by the council

L.N. 49, 1966,
S.I. 103, 1969,
S.I. 80, 1980,
S.I. 60, 1984,
S.I. 112, 1984,
G.N. 229, 1986,
S.I. 95, 1994,
S.I. 42, 1999,
S.I. 100, 2004,
S.I. 134, 2014,
S.I. 105, 2024,
S.I. 162, 2024.

1. Citation

This Order may be cited as the Establishment of the Gaborone City Council Order*.

2. Constitution and establishment of the Gaborone City Council

(1) There shall be a city council, to be known as the Gaborone City Council, in respect of the area defined in the Schedule to the Declaration of Gaborone as a City Order.

(2) The Council shall consist of—

(a) 34 elected members;

(b) 12 nominated members; and

(i) an administrative officer who has special responsibilities relating to the development of the area,

(ii) every land board chairperson within the Administrative District,

(iii) every member of the Ntlo ya Dikgosi designated or selected under subsection (1) or (2) of section 78 of the Constitution, and

(iv) a Kgosi who resides within the headquarters of the Council.

(3) The elected members of the Gaborone City Council shall be elected in the manner provided by the Electoral Act.

(4) The nominated members of the Gaborone City Council shall be appointed by the Minister by writing under his hand.

3. Filling of vacancies

If the seat of a member of the council becomes vacant by virtue of any provision of the Town Council Regulations the vacancy thus caused shall be filled in the case of—

(a) a seat occupied by an elected member, as in paragraph 2(3) of this Order;

(b) a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

4. Functions to be performed by the council

The Gaborone City Council shall perform the functions set out in regulation 1 of the First Schedule to the Town Council Regulations and may perform any or all of the remaining functions set out in the said First Schedule.

ESTABLISHMENT OF THE FRANCISTOWN TOWN COUNCIL ORDER

(regulation 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Constitution and establishment of the Francistown Town Council

3. Filling of vacancies

4. Functions to be performed by council

L.N. 50, 1966,
S.I. 102, 1969,
S.I. 116, 1974,
S.I. 78, 1980,
S.I. 59, 1984,
S.I. 113, 1984,
S.I. 96, 1994,
S.I. 44, 1999,
S.I. 99, 2004,
S.I. 135, 2014,
S.I. 130, 2024,
S.I. 161, 2024.

1. Citation

This Order may be cited as the Establishment of the Francistown Town Council Order.

2. Constitution and establishment of the Francistown Town Council

(1) There shall be a town council, to be known as the Francistown Town Council, in respect of the area defined in paragraph 1 of the Schedule to the Declaration of Townships Order.

(2) The Council shall consist of—

(a) 22 elected members;

(b) seven nominated members; and

(i) an administrative officer who has special responsibilities relating to the development of the area,

(ii) every land board chairperson within the Administrative District,

(iii) every member of the Ntlo ya Dikgosi designated or selected under subsection (1) or (2) of section 78 of the Constitution, and

(iv) a Kgosi who resides within the headquarters of the Council.

(3) The elected members of the Francistown Town Council shall be elected in the manner provided by the Electoral Act

(4) The nominated members of the Francistown Town Council shall be appointed by the Minister by writing under his hand.

3. Filling of vacancies

If the seat of a member of the council becomes vacant by virtue of any provision of the Town Council Regulations the vacancy thus caused shall be filled, in the case of—

(a) a seat occupied by an elected member, as in paragraph 2(3) of this Order;

(b) a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

4. Functions to be performed by council

The council shall perform the functions set out in paragraph 1 of the First Schedule to the Town Council Regulations and may perform any or all of the remaining functions set out in the said First Schedule.

ESTABLISHMENT OF THE JWANENG TOWN COUNCIL ORDER

(regulation 4)

(10th August, 1984)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of council

4. Filling of vacancies

5. Functions to be performed by council

S.I. 77, 1984,
S.I. 111, 1984,
S.I. 99, 1994,
S.I. 41, 1999,
S.I. 99, 2004,
S.I. 121, 2004,
S.I. 90, 2009,
S.I. 119, 2024,
S.I. 165, 2024.

1. Citation

This Order may be cited as the Establishment of the Jwaneng Town Council Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“council” means the Jwaneng Town Council established by paragraph 3(1).

3. Establishment of council

(1) There is hereby established a town council to be known as the Jwaneng Town Council in respect of the area defined in paragraph 4 of the Schedule to the Declaration of Townships Order.

(2) The Council shall consist of—

(a) eight elected members;

(b) two nominated members; and

(i) an administrative officer who has special responsibilities relating to the development of the area,

(ii) every land board chairperson within the Administrative District,

(iii) every member of the Ntlo ya Dikgosi designated or selected under subsection (1) or (2) of section 78 of the Constitution, and

(iv) a Kgosi who resides within the headquarters of the Council.

4. Filling of vacancies

If the seat of a member of the council becomes vacant, the vacancy shall be filled in accordance with the provisions of paragraph 3.

5. Functions to be performed by council

The council shall perform the functions specified in paragraph 1 of the First Schedule to the Town Council Regulations and may perform all or any of the remaining functions specified in the said Schedule.

ESTABLISHMENT OF THE SELEBI-PHIKWE TOWN COUNCIL ORDER

(under regulation 4)

(26th October, 1974)

ARRANGEMENT OF PARAGRAPHS

PARAGRAPH

1. Citation

2. Interpretation

3. Establishment of council

4. Filling of vacancies

5. Functions to be performed by council

S.I. 118, 1974,
S.I. 77, 1980,
S.I. 57, 1984,
S.I. 110, 1984,
S.I. 98, 1994,
S.I. 45, 1999,
S.I. 103, 2004,
S.I. 128, 2024,
S.I. 174, 2024.

1. Citation

This Order may be cited as the Establishment of the Selebi-Phikwe Town Council Order.

2. Interpretation

In this Order, unless the context otherwise requires—

“council” means the Selebi-Phikwe Town Council established by paragraph 3(1).

3. Establishment of council

(1) There shall be established a town council, to be known as the Selebi-Phikwe Town Council, in respect of the area defined in paragraph 7 of the Schedule to the Declaration of Townships Order.

(2) The Council shall consist of—

(a) 14 elected members;

(b) six nominated members; and

(i) an administrative officer who has special responsibilities relating to the development of the area,

(ii) every land board chairperson within the Administrative District,

(iii) every member of the Ntlo ya Dikgosi designated or selected under subsection (1) or (2) of section 78 of the Constitution, and

(iv) a Kgosi who resides within the headquarters of the Council.

4. Filling of vacancies

If the seat of a member of the council becomes vacant, the vacancy shall be filled in accordance with the provisions of paragraph 3.

5. Functions to be performed by council

GHANZI TOWNSHIP (REFUSE) BYE-LAWS

(under regulation 5 of the Ghanzi Township Regulations)

(27th January, 1978)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

1. Citation

2. Interpretation

3. Refuse not to be deposited in public place

4. Accumulation of refuse on private premises

5. Removal of refuse from private premises

6. Refuse dump

7. Maintenance of refuse receptacles

8. Fees for refuse removal services

9. Depositing refuse in water supplies

10. Penalties

Schedule – Charges

S.I. 9, 1978,
S.I. 102, 1999.

1. Citation

These Bye-laws may be cited as the Ghanzi Township (Refuse) Bye-laws.

2. Interpretation

In these Bye-laws—

“occupier of premises” means any person in actual occupation of premises or entitled by law to occupy those premises;

“premises” includes any yard, field, garden or land, whether enclosed or not;

“public place” includes any public way or square, any tribal kgotla and any public or communal land;

“refuse” includes any filth, trash, garbage, excrement, waste products from any source, rubble, derelict vehicles or tyres, and any matter which is offensive or a nuisance or injurious or dangerous to health or favours the breeding of flies or mosquitoes or the harbouring of rodents;

“township” means the Ghanzi Township as defined in terms of the Townships Act;

“Township Authority” means the Ghanzi Township Authority.

3. Refuse not to be deposited in public place

(1) Subject to sub-bye-law (2), no person shall within the township deposit any refuse in or near a public place.

(2) A person may deposit refuse at a refuse dump designated by the Township Authority or in a receptable provided by the Township Authority for the reception of refuse.

4. Accumulation of refuse on private premises

No owner or occupier of private premises situated within the township shall permit or allow any refuse to accumulate or remain on the premises so as to be offensive or a nuisance or injurious or dangerous to health or to favour the breading of flies or mosquitoes or the harbouring of rodents.

5. Removal of refuse from private premises

(1) The Township Authority may, by notice in writing served on the owner or occupier of private premises situated within the township, require him within three days after the date of service of the notice to remove from the premises any refuse thereon.

(2) Every owner or occupier of private premises on whom a notice has been served under sub-bye-law (1) shall comply with the requirement contained in the notice.

(3) Where an owner or occupier of private premises on whom a notice has been served under sub-bye-law (1) fails to comply with the requirement to remove refuse contained in the notice, the Township Authority may, by its servants or agents, enter upon the premises and remove the refuse and recover from the owner or occupier the cost of so doing.

(4) Where any person is convicted of contravening sub-bye-law (2), the court may, in addition to any penalty it may impose, order that person to reimburse the Township Authority or to pay any expenses the Township Authority may have incurred in removing refuse in consequence of that contravention.

6. Refuse dump

Every owner or occupier who removes refuse in compliance with the requirement contained in a notice served on him under bye-law 5(1) shall deposit the refuse at a place designated or in a receptable provided by the Township Authority for the reception of such refuse.

7. Maintenance of refuse receptacles

Every occupier of premises situated within the township shall ensure that all refuse receptables in use on the premises are regularly emptied and cleaned and that such receptacles, including the covers thereof, are at all times maintained in a sound condition.

8. Fees for refuse removal services

(1) Subject to sub-bye-law (3), every occupier of premises situated within the township for which a refuse removal service is provided by the Township Authority, shall pay on demand to the Township Authority such fee for that service as is set out in the Schedule.

(2) The Township Authority may by resolution make such charges for collecting and emptying dustbin and septic tank situated on institutional or private business premises as it may from time to time determine.

(3) No fees shall be payable under sub-bye-law (1) for the removal by the Township Authority of refuse from the communal receptacles provided by the Township Authority for the reception of refuse within the unsurveyed residential area of the township.

9. Depositing refuse in water supplies

No person shall deposit any refuse in or cause or permit or allow any refuse to enter any river, stream, spring, pool, well, borehole, dam, catchment basin or any channel or source of water supply situated within the township.

10. Penalties

(1) Any person who contravenes these Bye-laws, other than bye-law 9, shall be liable to a fine not exceeding P100, or in default of payment to imprisonment for a term not exceeding three months, or, in the event of a second or subsequent conviction for the same offence, to a fine not exceeding P200, or in default of payment to imprisonment for a term not exceeding six months.

(2) Any person who contravenes bye-law 9, shall be liable to a fine not exceeding P150, or in default of payment to imprisonment for a term not exceeding four months, or, in the event of a second or subsequent conviction, to a fine not exceeding P200, or in default of payment to imprisonment for a term not exceeding six months.

SCHEDULE
CHARGES

REFUSE BYE-LAWS

(bye-law 8(2))

Households
(a) Standard dustbin	P1 per month
(b) 200 litres drum	P2 per month
(c) P30 per load
Business Premises
(a) Small business	P25 per month
(b) Large business	P30 per month
(c) Bulk removal	P20 per month
(d) Desludging	P30 per month

SOWA TOWNSHIP (HAWKING AND STREET VENDING) BYE-LAWS

(regs 34 and 35)

(4th March, 1994)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

1. Citation

2. Interpretation

3. Licence required to carry on hawking business

4. Street vendors to be registered

5. Procedure of licensing authority

6. Issue of hawker’s licence and street vendor’s certificate

7. Issue of duplicate hawker’s licence and street vendor’s certificate

8. Cancellation or suspension of licence or certificate

9. Duties of hawkers and street vendors

10. Further duties of street vendors

11. Licence or certificate to be produced for inspection

12. Offences and penalties

13. Appeal

S.I. 20, 1994,
S.I. 30, 2010,
S.I. 56, 2017.

1. Citation

These Bye-laws may be cited as the Sowa Township (Hawking and Street Vending) Bye-laws.

2. Interpretation

In these Bye-laws, unless the context otherwise requires—

“hawker” means any person who travels from place to place carrying or hawking goods for sale;

“licensing authority” means the Sowa Township Authority or any committee convened by the Township Authority to perform its functions under these Bye-laws;

“street vendor” means any person who carries on the business of selling goods from a pitch at which he stations himself, whether in a public place or on ground over which he has no right of control;

“Township Authority” means the Sowa Township Authority;

“township officer” means the Chief Executive officer, the Treasurer or any other employee of the Township Authority duly authorised by the Chief Executive Officer, in writing, for the purpose of enforcing these Bye-laws.

3. Licence required to carry on hawking business

(1) No person shall carry on the business of a hawker within Sowa Township unless he is the holder of a valid hawker’s licence issued to him by the licensing authority.

(2) Any person wishing to carry on the business of hawking shall apply to the licensing authority for a hawker’s licence on such form and in such manner as the licensing authority may require, specifying the classes of goods in which he wishes to trade and the area in which he wishes to hawk.

(3) If the licensing authority is satisfied that a licence is in order, it may, on payment by the applicant of a fee of P20, issue a licence to the applicant, for such goods and such area, and subject to such conditions or qualifications as may be specified therein.

(4)(a) A hawker’s licence must be renewed annually on application made therefor not later than 31st day of March following the date of issue thereof, after which date the licence shall be invalid.

(b) On application made in terms of paragraph (a) hereof, and on payment of a fee of P5, the licensing authority may endorse such renewal on the licence and may attach such conditions or qualifications to the renewal thereof as he may determine.

(5) Any person who carries on the business of hawking in Sowa Township, or any area thereof, without having a licence therefor in his name, and for the area concerned, or who fails to comply with any condition or qualification attached to his licence, shall be guilty of an offence and liable to a fine of P200 or to imprisonment for a term not exceeding three months, or to both.

(6) Notwithstanding the provisions of sub-bye-law (1), or sub-bye-law (4), a manufacturer or producer of perishable goods who operates on a small scale may carry on the business of a hawker of such goods, without being required to obtain a hawker’s licence in respect thereof.

4. Street vendors to be registered

(1) No person shall carry on the business of a street vendor within Sowa Township unless he is the holder of a certificate of registration as a street vendor issued to him by the licensing authority.

(2) Any person wishing to carry on the business of a street vendor shall make application therefor to the licensing authority in such form and manner and containing such information as the licensing authority may require.

(3) If the licensing authority is satisfied that the application is in order, and that there are no grounds for rejecting the application under these Bye-laws, it may, on payment of a fee of P5, register the applicant and issue a certificate of registration, in respect of such area and for such goods, and subject to such conditions and qualifications as it may determine, and as shall be specified in the certificate.

(4)(a) A certificate of registration must be renewed annually upon application made therefor not later than the 31st day of March following the date of issue thereof.

(b) On application being made therefor in terms of paragraph (a), and on payment of a fee of P5, the licensing authority shall endorse such renewal on the certificate and may attach such conditions or qualifications to such renewal as it may determine.

(5) Any person who carries on the business of a street vendor in Sowa Township or any area thereof, without being registered therefor and being in possession of a certificate of registration in his name for the area concerned, or who fails to comply with any condition or qualification subject to which such certificate is issued, shall be guilty of an offence and liable to a fine of P200 or to imprisonment for a term not exceeding three months, or to both.

(6) Notwithstanding the provisions of sub-bye-laws (1) and (5), a manufacturer of perishable goods who operates on a small scale may carry on the business of a street vendor in respect of such goods, without being registered therefor.

(7) No person shall be registered to carry on the business of a street vendor on any private property unless the owner of such property has notified the licensing authority, in writing that he consents to such property being used by the street vendor for the purpose of carrying on the business.

5. Procedure of licensing authority

(1) Where an application for a hawker’s licence is made in terms of bye-law 6, the licensing authority shall, at least 14 days before the date of the meeting at which such application is to be considered, post a notice of such application at the council’s office and such notice shall be open to public inspection.

(2) In considering any application for a hawker’s licence, the licensing authority may regulate its own procedure.

6. Issue of hawker’s licence and street vendor’s certificate

(1) Subject to the provisions of sub-bye-laws (2) and (3) the licensing authority, after consideration of an application made in terms of bye-law 6, shall issue the applicant with a hawker’s licence on payment of a fee of P5, unless the applicant is otherwise disqualified by law from obtaining such a licence.

(2) The licensing authority may refuse to issue a hawker’s licence or a street vendor’s certificate, as the case may be, to any person who—

(a) is a minor under 16 years of age;

(b) is an unrehabilitated insolvent;

(d) has, during the five years preceding the application, been convicted of any offence—

(i) under these bye-laws; or

(ii) involving dishonesty; or

(e) is neither a citizen of Botswana nor entitled to reside in Botswana.

(3) The licensing authority may refuse to issue a hawker’s licence or a street vendor’s certificate as the case may be, to any person if it is satisfied that the issue of such licence or certificate, as the case may be, would be contrary to the public interest.

(4) The licensing authority, may refuse to issue a hawker’s licence or a street vendor’s certificate, as the case may be, in respect of a particular class of goods if it is satisfied that the carrying on of business in respect of that class of goods would be contrary to the public interest.

7. Issue of duplicate hawker’s licence and street vendor’s certificate

(1) The licensing authority, on being satisfied that a hawker’s licence issued by it has been lost or destroyed, shall on payment of a fee of P50 and on being supplied with two copies of a clearly recognizable head and shoulders photograph of the person to whom the licence was issued, approximately 5 by 4 centimetres in size, issue a duplicate licence to that person.

(2) The licensing authority shall, on being satisfied that a street vendor’s certificate issued by him has been lost or destroyed, and on payment of a fee of P50, issue a duplicate certificate to that person.

(3) Where a licence or certificate which had been lost and replaced is recovered, the duplicate licence or certificate, as the case may be, shall be returned forthwith to the licensing authority.

8. Cancellation or suspension of licence or certificate

(1) The licensing authority may at any time, modify, or suspend or cancel a licence or a certificate issued under these Bye-laws, if, in its opinion, the continued use of such licence or certificate constitutes a danger to public health.

(2) A licence or certificate which has been suspended under the provision of sub-bye-law (1) shall continue to be so suspended until the holder of such a licence or certificate, as the case may be, has complied, to the satisfaction of the licensing authority, with such requirements designed to remove the danger to public health as the licensing authority may specify.

9. Duties of hawkers and street vendors

(1) No hawker or street vendor shall—

(a) agree, undertake or purport to cede or transfer his licence or certificate of registration, but may hire the services of a hawker or vendor representative to hawk or vend on his behalf during his absence, upon approval, in writing, by the licensing authority;

(b) trade in any goods other than those specified in his licence or certificate of registration;

(c) conduct his business on any private property without the consent of the owner, lessor, manager or occupier of the said property;

(b) for the purpose of conducting his business, erect, or expose goods for sale in, any tent, booth, stall, stand or similar structure:

Provided that the provisions of this paragraph shall not apply to a street vendor to whom the licensing authority has granted permission for the use in such area of such tent, booth, stall, stand, or structure and has endorsed his certificate accordingly.

(2) Every hawker or street vendor shall—

(a) at all times keep in a clean and sanitary condition all receptacles, instruments and other articles used in the conduct of his business;

(b) pick up and remove any paper, litter, refuse, receptacle or other object which, in the conduct of his business has been deposited or dropped, or has fallen in or on any public place or private property;

(d) if, while engaged in the conduct of his business, he directly or indirectly obstructs traffic in any public place, or obstructs the use of any place, or causes a nuisance or danger to persons in the vicinity by the presence of himself, his vehicles or his goods, at the request of any police officer or a township officer, remove himself, his vehicles or his goods, as the case may be, to such a distance as may reasonably be required to discontinue such obstruction or to abate such nuisance;

(3) No hawker shall engage in the business of selling cooked food.

(4) No hawker shall hawk his goods on any day except between the hours of 7 am and 7 pm.

(5) No street vendor shall carry on his business as such on any day except between the hours of 6.00 a.m. and 10.00 p.m.

10. Further duties of street vendor

Every street vendor shall—

(a) at the request of a police officer, or health inspector or any other township vendors officer, move his goods, vehicles, receptacles and any other objects associated with the conduct of his business, so as to permit the Township Authority’s sanitation staff to clean any area in which he is so conducting his business; and

(b) when departing from the pitch at which he has been carrying on business, remove all goods, vehicles, receptacles, or any other objects associated with his business, and leave such pitch in a clean state.

11. Licence or certificate to be produced for inspection

(1) Every holder of a hawker’s licence or a street vendor’s certificate shall produce such licence or certificate for inspection on demand by any police officer or by a township officer, or otherwise shall, within 48 hours of such demand, produce it at the nearest police station or at the office of such township officer, as the case maybe.

(2) Every holder of a hawker’s licence or a street vendor’s certificate shall comply with any instructions properly given by any police officer or by a health inspector or any other township officer for the due enforcement of these Bye-laws, and shall not in any way afford or cause any obstruction to such police officer, inspector or officer in the exercise of his duties.

12. Offences and penalties

(1) Any person who contravenes any provision of these Bye-laws, or who fails to comply with any provision with which it is his duty to comply shall be guilty of an offence and liable, where no other penalty is herein provided, to a fine of P100 or to imprisonment for a term not exceeding three months, or to both.

(2) Any person who contravenes any provision of these Bye-laws may, in addition to any penalty to which he may be otherwise liable, have his hawker’s license or his certificate of registration, as the case may be, revoked by the licensing authority, with effect from such date as the licensing authority considers reasonable, in order to enable him to dispose of any existing stock.

13. Appeal

Any person aggrieved by any decision of the licensing authority made under these Bye-laws may appeal to the Minister, whose decision shall be final.

GABORONE CITY COUNCIL (PUBLIC STANDPIPES) BYE-LAWS

(under regulations 34 and 35)

(25th February, 1994)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

1. Citation

2. Interpretation

3. Use of water from public standpipe

4. Use of water by persons other than occupiers

5. Use of public standpipes

6. Withholding of supply of public standpipe water

7. Inspection of standpipes

8. Misuse of water

9. Damage to public standpipe

10. Pollution

S.I. 17, 1994.

1. Citation

These Bye-laws may be cited as the Gaborone City Council (Public Standpipes) Bye-laws*.

2. Interpretation

In these Bye-laws, unless the context otherwise requires—

“authorised officer” means the City Clerk, or any officer of the City Council duly authorised in writing by the City Clerk for the purpose of inspecting standpipes;

“designated area” means an area of the City which has been designated by the City Council as an area for occupation by persons holding certificates of right or temporary occupancy permits;

“occupier” in respect of a designated area means a person residing within that area;

“public standpipe” means a water supply point within a designated area, and intended for use by the occupiers thereof;

“unauthorised connection or attachment” means a connection or attachment which has been made to a standpipe without the written permission of the City Council.

3. Use of water from public standpipe

Subject to the provisions of bye-law 4, water from a public standpipe shall be available for use by occupiers of the designated area in which it is situated, or to persons so authorised in writing by the City Council.

4. Use of water by persons other than occupiers

(1) A person who is not an occupier of the designated area in which a public standpipe is situated, may, without further authorisation, draw water not exceeding five litres in any one day from such standpipe.

(2) An occupier in a designated area shall not supply water from a public standpipe in such area to any person not entitled thereto, except—

(a) for immediate personal consumption;

(b) for the purpose of fire prevention or extinguishing fire; or

(3) Except with the written permission of the City Council, or in an emergency for the purposes specified in paragraph (2)(b), water shall not be drawn from a public standpipe for use outside the designated area in which it is located.

5. Use of public standpipes

(1) Public standpipe water shall not be used for any purpose other than for domestic purposes, or in an emergency as specified in paragraph 4(2)(b), or as may be specified, in writing, by the City Council.

(2) The City Council may, from time to time—

(a) limit the quantity of water which may be drawn from a particular standpipe;

(b) by notice in the Gazette, and in a newspaper circulating in the City, prohibit the use of water for any specified purpose, in any specified area within the City;

(c) by written notice to consumers, prohibit the use of public standpipe water for such purpose or purposes as may be specified in the notice.

(3) Any person who uses public standpipe water for any purpose contrary to the provisions of these Bye-laws, or contrary to the provisions of any notice issued by the City Council under subparagraph (2), shall be guilty of an offence and liable to a fine of P100, and in default of payment thereof to imprisonment for three months, and such fine or imprisonment shall be without prejudice to the right of the City Council to recover the charges for water improperly used.

6. Withholding of supply of public standpipe water

Without prejudice to the right of recovery of any money due to it, the City Council may turn off, or curtail, the supply of public standpipe water to any designated area where—

(a) the occupiers, or any of them, have failed to pay any service levy, or failed to comply with any provision of these Bye-laws with which it is their duty to comply;

(b) the repair of, maintenance to or extension of the water system is required; or

7. Inspection of standpipes

(1) An authorised officer may, from time to time, inspect public standpipes for the purpose of detecting unauthorised connections or attachments, or the waste or misuse of water, and shall generally supervise the proper use of such standpipes.

(2)(a) Where an authorised officer finds an unauthorised connection or attachment to a public standpipe, he shall immediately remove it or order it to be removed.

(b) The unauthorised connection or attachment shall be retained by the City Council for at least five days after which—

(i) it may be released to the owner and upon the owner signing a written acknowledgement that a further transgression will result in prosecution and the confiscation of the connection or attachment in question; or

(ii) the person responsible may be, and shall be for a second or subsequent transgression, prosecuted and liable to a fine of P100 and to imprisonment for 2 months, and the unauthorised connection or attachment shall be confiscated.

(3) Any person who hinders, obstructs or uses abusive or insulting language towards an authorised officer in the performance of his duties under these Bye-laws shall be guilty of an offence and liable to a fine of P200 and to imprisonment for three months.

8. Misuse of water

Any person who wilfully or negligently wastes or misuses water from a public standpipe shall be guilty of an offence and liable to a fine of P150.

9. Damage to public standpipe

(1) Any person who tampers with or wilfully or negligently causes damage to a public standpipe, or to any appliance or equipment connected therewith, shall be guilty of an offence and liable to a fine of P150 and to imprisonment for three months.

(2) The imposition of a fine or imprisonment in terms of subparagraph (1) shall be without prejudice to the right of the City Council to recover from the offender the cost of any repair or replacement arising from the damage to the public standpipe concerned.

10. Pollution

Any person who pollutes or causes the pollution of any public standpipe water, or causes or allows any foul liquid, gas or other noxious matter to enter any fitting connected therewith, shall be guilty of an offence and liable to a fine of P200 and to imprisonment for three months.

GABORONE CITY COUNCIL (HAIRDRESSER AND BARBER) BYE-LAWS

(under regulations 34 and 35)

(27th May, 1994)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

1. Citation

2. Interpretation

3. Licences

4. Premises

5. Sanitary conditions

6. Closure of licensed premises

7. Powers of entry

8. Offences and penalties

S.I. 50, 1994.

1. Citation

These Bye-Laws may be cited as the Gaborone City Council (Hairdresser and Barber) Bye-Laws.

2. Interpretation

In these Bye-Laws, unless the context otherwise requires—

“hairdresser” means a person who, in a fixed place of business or a salon, carries on the business of dressing and cutting hair, particularly the hair of women;

“barber” means a person who, in a fixed place of business or a salon, carries on the business of cutting or trimming men’s hair or beards, or shaving men.

3. Licences

(1) No person shall carry on the business of hairdresser or barber within Gaborone City without being licensed therefor, and on the premises specified in the licence.

(2) Any person wishing to carry on the business of hairdresser or barber shall make application therefor to the City Council, supplying such information in relation thereto as the City Council may require, and the City Council may, if it is satisfied that the requirements of these Bye-Laws are met, and on payment of the fee of P10, issue the appropriate licence valid until the 31st December of the year of issue, which licence may be renewed from year to year on payment of the annual fee of P5.

(3) Licences issued under these Bye-Laws shall not be transferable without the consent of the City Council, and may be revoked by the City Council if the holder thereof is convicted of any offence under these Bye-Laws.

(4) A licence issued under these Regulations or a copy thereof shall be displayed prominently in the premises to which it relates

4. Premises

(1) Premises used for the business of hairdresser or barber shall be constructed of bricks, concrete or other material approved for the purpose by the City Council.

(2) Premises used for the business of hairdresser or barber—

(a) shall be not less than 7,5 square metres in size;

(b) shall have adequate ventilation and lighting;

(d) shall be maintained at all times in a clean and sanitary condition, and in good repair.

5. Sanitary conditions

The holder of a licence issued under these Regulations—

(a) shall ensure that all utensils, vessels, containers, hair-clippers, scissors, linen, towels, cloths, furnishings and other articles used in the conduct of the business are maintained in a clean and sanitary condition by the use of soap and water and approved means of sterilisation and disinfection;

(b) shall take all reasonable steps to ensure that clean, sterilised and disinfected articles are kept separate from those which have not been washed, sterilised or disinfected;

(c) shall ensure that at all times there are sufficient receptacles of galvanised iron, or other non-absorbent materials, with close-fitting covers available for collecting, storing and disposing of all refuse, including hair trimmings; and

(d) shall ensure that adequate toilet facilities are available for all the staff of the premises.

6. Closure of licensed premises

Where in the opinion of the City Council premises licensed under these Bye-Laws, or conditions therein, are such as are likely to constitute or threaten a danger to public health, the Council may direct the closure of such premises until it is satisfied that the danger or threat has been removed or remedied.

7. Powers of entry

An officer of the City Council so authorised in writing by the Council or a police officer may at any reasonable time enter and inspect any premises used for the business of hairdresser or barber for the purpose of ensuring that the condition of the premises and the operation of the business complies with and is not in contravention of any of the provisions of these Bye-Laws or the conditions of the licence in respect thereof.

8. Offences and penalties

Any person who contravenes, or who fails to comply with, any of these Bye-Laws with which it is his duty to comply, or who is the owner of a business of hairdresser or barber which operates in a manner which contravenes or fails to comply with the provisions of these Bye-Laws, shall be guilty of an offence and liable to a fine of P200 and to imprisonment for three months.

FRANCISTOWN TOWN COUNCIL (DAY CARE CENTRE) BYE-LAWS

(regs 34 and 35)

(11th April, 1997)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

1. Citation

2. Interpretation

3. Registration of centres

4. Operating hours

5. Kitchen facilities

6. Age of admission

7. Premises of centres

8. Employed staff

9. Transport

10. Classroom equipment

11. Smoking prohibited

12. First aid

13. Infectious diseases and vaccinations

14. Responsibility of owner

15. Powers of entry

16. Offences and penalties

S.I. 21, 1997,
S.I. 112, 2019.

1. Citation

These Bye-Laws may be cited as the Francistown Town Council (Day Care Centre) Bye-Laws.

2. Interpretation

In these Bye-Laws, unless the context otherwise requires—

“centre” means a day care centre as defined herein;

“day care centre” means a place for the supervision during the day of young children below school age;

3 Registration of centres

(1) No person shall operate a centre without the prior approval of and registration by the Council.

(2) Application to operate a centre shall be made to the Council on the prescribed form giving details of the premises intended to be used for the centre, the names and qualifications of all teachers and other assistants to be employed at the centre, and such other information with regard to the proposed centre as the Council may require.

(3) If the Council is satisfied that the proposed centre meets all the requirements of these Bye-Laws it may on payment of P100 register a private centre and upon payment of P20 register a non-profit making centre and thereafter issue a registration certificate of which the renewal thereof shall be applied for annually upon payment of P100 and P20 respectively.

4. Operating hours

(1) A centre shall not operate outside the hours of 0700 hours and 1700 hours on weekdays, except with the written approval of the Council.

5. Kitchen facilities

(1) A centre which operates within the hours referred to in bye-law 4 shall have a kitchen with adequate hot and cold water, adequate hygienic storage space for food, adequate cutlery and crockery of a suitably hygienic type and a menu of food which shall be a balanced diet.

(2) Where children bring food into the centre, that centre, shall provide suitable facilities for the storage and refrigeration of the food.

6. Age of admission

A child who is under the age of two and a half and above six years shall not be admitted at the centre.

7. Premises of centres

(1) An occupied residential house shall not be used as a centre—

Provided that with the written approval of the Council the occupied residential house may be used adequately for the centre and satisfactorily be separable from the portion used for residential purposes.

(2) Premises used for the centre shall be walled or fenced and constructed in accordance with and from material permitted by the appropriate building regulations, floors shall be smooth, tiled or carpeted and every classroom shall be adequately lit and ventilated.

8. Employed staff

(1) There shall be one teacher for every thirty children who shall possess the necessary skill and knowledge in the field of child care and an assistant who may supervise and look after the children.

(2) All staff employed at the centre shall—

(a) be medically examined including being X-rayed before taking up employment and thereafter at six monthly intervals;

(b) at all times wear clean uniforms or clothing.

9. Transport

A centre that offers transport for use by the children shall transport children in closed motor vehicles only.

10. Classroom equipment

There shall be sufficient furniture and enough toys for use by the children enrolled in the centre.

11. Smoking prohibited

Smoking shall be prohibited anywhere within the area of the centre and a notice to this effect shall be displayed prominently at the entrance of the centre.

12. First aid

In every centre there shall be maintained and readily accessible at all times, a first aid box or cupboard containing an adequate supply of dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectant and safety pins.

13. Infectious diseases and vaccinations

An owner of a centre shall—

(a) regularly inspect the child’s vaccination card;

(b) isolate children suffering from an infectious disease until they are well to be at the centre.

14. Responsibility of owner

The owner of the centre shall ensure that at all times a high standard of maintenance and cleanliness is established and maintained within the centre.

15. Powers of entry

An officer of the Council so authorised in writing by the Town Clerk may at any reasonable time enter a centre for the purpose of inspection and to ensure compliance with these Bye-Laws.

(2) Any person who refuses the officer of the Council to enter the centre for the purpose of inspection shall be guilty of an offence and liable to a penalty contained in bye-law 16.

16. Offences and penalties

Any person who contravenes or fails to comply with any of these Bye-Laws shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding three months.

FRANCISTOWN TOWN COUNCIL (HAIRDRESSING) BYE-LAWS

(under regulations 34 and 35)

(11th April, 1997)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

1. Citation

2. Interpretation

3. Application for licence

4. Premises of business

5. Duties of a hairdresser

6. Inspection of premises

7. Offence and penalty

S.I. 23, 1997.

1. Citation

These Bye-Laws may be cited as the Francistown Town Council (Hairdressing) Bye-Laws.

2. Interpretation

In these Bye-Laws, unless the context otherwise requires—

“authorised official” means any person authorised by the Council for the purpose of giving effect to these Bye-Laws;

“Council” means the Town Council of Francistown;

“hairdresser” includes a barber and any person carrying out a manicure or a pedicure;

“licensee” means the holder of a licence issued under regulation 3(2).

3. Application for licence

(1) No person shall carry on the business of hairdressing without being licensed under these Bye-Laws.

(2) A person who intends to carry on the business of hairdressing shall make an application to the Council, on the such form as may be prescribed giving such information as the Council may require and the Council may, if it is satisfied that the requirements of the Bye-Laws are met and upon payment of a fee of P30, issue the appropriate licence valid for a year.

(3) Subject to bye-law (2), the licensee shall pay to the Council, an annual fee of P30.

(4) A licence issued under these Bye-Laws shall not be transferable without the consent of the Council and may be revoked by Council if the licensee thereof is convicted of an office under these Bye-Laws.

4. Premises of business

(1) Premises used for the business of hairdressing shall—

(a) be approved by the Council in writing;

(b) be used solely for the business of hairdressing;

(d) have adequate ventilation and lighting;

(e) be free from insects, rodents or vermin;

(f) be maintained at all times in a clean and sanitary condition.

(2) Where in the opinion of the Council, premises are such that they are likely to constitute or pose a danger to public health, the Council may direct the closure of such premises until it is satisfied that the danger or threat has been remedied.

5. Duties of a hairdresser

A hairdresser shall—

(a) ensure that all utensils, vessels, containers, hairclippers, scissors, linen, towel cloths, furnishing and other articles used in the conduct of the business are maintained in a clean and sanitary condition by the use of a soap and water or approved means or sterilisation;

(b) take all reasonable steps to ensure that clean, sterilised and disinfected articles are kept separate from those which have not been washed, sterilised or disinfected;

(c) ensure that at all reasonable times there are sufficient receptacles of galvanised metal or other corrosive metal available for collection, storing and disposing of all refuses;

(d) ensure that adequate toilet facilities are available for all working staff and patrons of the premises;

(e) ensure that cleaning agents which contain potential hazardous or poisonous substances harmful to human beings are not used for cleaning and disinfecting equipment for the business;

(f) provide to the working staff at least two pairs of protective clothing made of light colour and washable material;

(e) employ at least one other qualified hairdresser.

6. Inspection of premises

(1) An authorised official may at any reasonable time enter and inspect the premises used for the business of hairdressing for the purpose of ensuring that the condition of the premises and the operation of the business comply with these Bye-Laws or the conditions of the licence.

(2) Any person who refuses an authorised official entry into the premises used for the business of hairdressing shall be guilty of an offence and liable to the penalty contained in bye-law 7.

7. Offence and penalty

Any person who contravenes or fails to comply with these Bye-Laws shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding three months.

FRANCISTOWN TOWN COUNCIL ROADS AND TRAFFIC BYE-LAWS

(under regulations 34 and 35)

(5th September, 1997)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

PART I
Preliminary

1. Citation

2. Application

3. Interpretation

4. Queues

5. Damage to signs

6. Numbering of houses and buildings

PART II
Parking of Vehicles

7. Parking – general

8. Time limit parking

9. Metered parking bays

10. Motor omnibus stopping places

PART III
Municipal Car Parks

11. Presumption

12. Entry to municipal car parks

13. Manner of parking

14. Charges for parking

15. Parking tickets

PART IV
Private Car Parks

16. Establishment of private car parks

17. Control and maintenance of private car parks

18. Contraventions of conditions

19. Penalties

PART V
Defences

20. Defences

S.I. 79, 1997.

PART I
Preliminary (bye-laws 1-6)

1. Citation

These Bye-Laws may be cited as the Francistown Town Council Roads and Traffic Bye-Laws.

2. Application

These Bye-Laws shall apply to—

(a) the municipal area of Francistown; and

(b) land owned or governed by the municipality but outside the limits of the municipal area of Francistown.

3. Interpretation

In these Bye-Laws—

“authorised official” means any person authorised by the Council for the purpose of giving effect to these bye-laws;

“bus stop” means a place on an omnibus route intended for the picking up and depositing of passengers, which may be demarcated by yellow lines and indicated by a sign bearing the words “Bus Stop” or the word “Bus” painted in yellow on the road surface within such bus stop;

“carriageway” means that portion of a road formed for the use of vehicular traffic and includes that portion of a road between kerbs or temporary kerbs;

“Council” means the Town Council of Francistown;

“cycle”, “motor vehicle”, “motor cycle”, “heavy commercial vehicle”, “omnibus”, “taxi”, “trailer” and “vehicle” have the meaning assigned to them in the Road Traffic Act (Cap. 69:01);

“forward parking” means driving a motor vehicle forward into a parking bay;

“invalid carriage” means a vehicle propelled by mechanical power and specially designed, constructed or adapted for the use of persons suffering from some physical defect or disability;

“land” includes an improvement or building thereon;

“maintenance” includes repair and renewal, and maintain shall be constructed accordingly;

“metered parking bay” means a parking bay whereon the parking of motor vehicles is controlled and regulated by a parking meter;

“municipal car park” means any land which is provided and maintained by the Council as a place for the parking of motor vehicles, whether or not a charge is levied for parking;

“no parking area” means an area in any road which is designated by means of—

(a) a sign or signs erected or placed so as to indicate the extremities of the area and bearing the words “No Parking”;

(b) visible marking on the surface of the road so as to define the boundaries of the area, and with the words “No parking” painted thereon; or

“parking bay” means a subdivision of a car park or of a parking area intended for the accommodation of a single vehicle;

“parking meter” means a mechanical device for the purpose of controlling and regulating the parking of motor vehicles in parking bays or in parking areas where such meters are installed, and includes the standard to which the meter is affixed;

“parking area”—

(a) in relation to motor vehicles, other than omnibuses, motor cycles having less than three wheels and cycles, means an area which is designated by white boundary lines (whether continuous or broken) on the surface of a road so as to define the boundaries of the area where such vehicles may park;

(b) in relation to omnibuses, taxis, motor cycles having less than three wheels or cycles, means an area which is designated by means of yellow boundary lines (whether continuous or broken) on the surface of the road so as to define the boundaries of the area where such vehicles may park, and with the word or words “buses”, “taxis”, “motor cycles”, or “cycles”, as the case may be, painted on the road surface:

Provided that where the surface of a road has not been covered with a wearing surface, such as an asphalt seal-coat-like preparation, a parking area for the parking of omnibuses, taxis, motor cycles, or cycles may be designated by means of signs bearing the word or words “buses”, “taxis”, “motor cycles”, or “cycles”, as the case may be;

“pavement” means a footway or side-walk besides a road, the surface of which has been provided with a wearing covering of cement, concrete, asphalt or other like material or preparation;

“private car park” means a car park established on private land for use by the public on payment of a fee, but does not include on site parking provided by property owners for the private use of themselves, their tenants or their employees;

“road” means any street, road, highway, lane, service-lane, footway, side-walk, alley, passage, square or bridge, or other place of a like nature, or any portion thereof, and includes all appurtenances thereof, and whether a thoroughfare or not;

“service-lane” means a passage way or service-lane usually situated at the rear of blocks of building and primarily provided for the servicing of such buildings and the loading or unloading of goods;

“side-walk” means the space in the street or road between the kerb or the edge of the carriage-way and the boundary of the stands or plots on the same side of the carriage-way;

“wheel clamp” means a device which, when fitted to the wheel of an unlawfully parked vehicle by an authorised officer, will prevent it from being moved until the clamp is removed by such officer.

4. Queues

(1) When more than two persons are waiting on any sidewalk, road or other public thoroughfare for admission to any dance hall, cinema hall, theatre, sports ground or other place of public entertainment, or for the purpose of booking seats in respect of any of the aforementioned places of entertainment, or for any similar purpose, such persons shall form a queue, not exceeding two persons abreast, parallel with and immediately adjacent to the line of the building or place concerned.

(2) Whether more than two persons are waiting on any sideway, road or other public thoroughfare for the purpose of boarding a public service vehicle such persons shall form a queue, not exceeding two persons abreast, parallel with and immediately adjacent to the edge of such sidewalk, road or thoroughfare.

(3) The first person to arrive shall have precedence in any such queue as is referred to in sub-bye-laws (1) and (2), and, in a queue of two persons abreast, the person on the side nearest to the premises or public service vehicle to which entry is desired shall have precedence.

(4) Every person desirous of taking up position in any such queue shall stand abreast of or behind the last person in the queue already formed.

(5) Any person standing in a queue shall comply with all such directions of a policeman or authorised official as may be necessary for the proper control of such queue, or for the prevention of any obstruction of traffic.

(6) Persons standing in a queue shall not cause any obstruction at the entrance to, or exit from any building or premises in front of which such queue is formed.

(7) Any person who fails to comply with, or who contravenes any of the provisions of this bye-law shall be guilty of an offence.

5. Damage to signs

Any person who interferes with, removes, injures or destroys any traffic sign, road sign, street name plate, house number, direction sign, notice board, post box, erected or installed by the Council, or any other street furniture or thing, or who obliterates or disfigures the same by pasting or affixing in any way thereto or over the same, any bill placard or notice, or by writing, stamping, painting or drawing thereon, without the permission of Council, shall be guilty of an offence.

6. Numbering of houses and buildings

Where the Council, in terms of the Francistown Town Council (General) Bye-Laws, directs any owner or occupier of any house or premises to mark or affix a number to such house or premises, then notwithstanding such Bye-Laws the number shall be—

(a) affixed or painted on a gate-post or building or in other such conspicuous place as to be visible and legible from the centre of the street; and,

(b) of a size not less than forty millimetres in height.

PART II
Parking of Vehicles (bye-laws 7-10)

7. Parking – general

(1) Any person who parks—

(a) any vehicle other than a motor vehicle in any parking area designated as such and marked by white boundary lines;

(b) any motor vehicle, other than a motor omnibus, a taxi or a motor cycle having less than three wheels, in any parking area designated as such and marked by yellow boundary lines; or

(c) any heavy commercial vehicle, road tanker, explosives vehicle or similar vehicle in any area designated as a residential area, except for the purpose of loading or off-loading furniture or other material at a plot therein;

(d) any vehicle in a no parking area;

shall be guilty of an offence.

(2) Any person who parks any vehicle upon a section of road which has not been designated as a parking area, except at the extreme left of such road, or, where there is a sidewalk, against the edge of the kerb of such sidewalk, and in such a position as not to obstruct other traffic, shall be guilty of an offence.

(3) Any person who parks, or causes or permits to be parked any vehicle on a section of road in which parking areas are designated, otherwise than within such parking areas, shall be guilty of an offence.

(4) Where forward parking areas are provided, any driver of a vehicle who—

(a) enters such a parking area otherwise than by driving such motor vehicle forward: or

(b) vacates such a parking area otherwise than by driving such motor vehicle in reverse,

shall be guilty of an offence.

(5) Any person who stops or parks a vehicle or a trailer attached thereto in any marked parking area or parking bay in such a manner that any part of such vehicle or trailer, or any goods thereon, extends beyond the limits of such parking area or parking bay, shall be guilty of an offence.

(6) Any person who parks a taxi, a motor omnibus, a motor cycle having less than three wheels or a cycle in a section of road other than an area which has been designated for the parking of taxis, motor omnibuses, motor cycles, as the case may be, shall be guilty of an offence.

8. Time limit parking

(1) Any person having control or charge of a vehicle who, between the hours of 8 a.m. and 5 p.m., parks such vehicle in a parking area for longer than the period permitted in accordance with any sign erected by the Council in such parking area, shall be guilty of an offence.

(2) Any person having control or charge of a vehicle which has been parked in a parking bay, other than a metered parking bay, for the maximum period for which such a vehicle may be so parked and having removed or caused to be removed such vehicle therefrom, and who, within 15 minutes after such removal, causes or allows it to be parked again in the same parking bay, shall be guilty of an offence.

(3) The provisions of sub-bye-laws (1) and (2) shall not apply on Sundays or public holidays, or after 1 p.m. on Saturdays.

9. Metered parking bays

(1) Motor vehicles shall not be parked in a metered parking bay where the meter relating to such bay bears the word ‘Expired’, unless there is forthwith deposited in the parking meter relating to such parking bay the required coin or coins according to the tariff therefor fixed by the Council and displayed on the meter as payment for the use of the parking bay for the period specified.

(2) Upon the deposit of the required coin or coins referred to in sub-bye-law (1), the metered parking bay may be lawfully occupied by the motor vehicle concerned, but only for the period indicated on the parking meter.

(3) When the meter relating to any such parking once again bears the word ‘Expired’ the motor vehicle shall be removed from the parking bay unless there is again forthwith deposited in the parking meter the required coin or coins according to the prescribed tariff, when the said motor vehicle may lawfully occupy the metered bay for the period thereafter indicated on the parking meter.

(4) Any person who, having control or charge of a vehicle other than a motor vehicle, parks it or causes it to be parked in a metered parking bay shall be guilty of an offence.

(5) Any person having control or charge of a motor vehicle who parks it in a metered parking bay otherwise than in accordance with the provisions of sub-bye-law (1), (2) and (3) shall be guilty of an offence:

Provided that the provisions of this sub-bye-law shall not apply to the holder of an invalid carriage certificate issued by the Council where such certificate is displayed on the motor vehicle to which it applies, and such motor vehicle is at the time in use personally by the incapacitated person to whom the certificate has been issued.

(6) Any vehicle which is parked in contravention of the provisions of this bye-law may by fitted with a wheel clamp, or may be towed away to a Council holding pound to be detained until the required fee or fine determined by the Council has been paid for its release.

(7) Notwithstanding the previous provisions of this bye-law, a motor vehicle may, without payment or further payment be parked in a metered parking bay—

(a) for such time as may be indicated on the parking meter for that parking bay, being unexpired time from its previous use; and

(b) on Sunday and public holidays and on weekdays between the hours of 5 p.m. and 8 a.m., and after 1 p.m. on Saturday.

(8) It shall be sufficient defence for any person charged with contravening any provision of this bye-law to prove that the recording of time by the parking meter was so inaccurate that for every five minutes of actual time it recorded not less than six minutes on the meter.

(9) Any person who operates, or attempts to operate, any parking meter by any means other than the means prescribed in these Bye-Laws shall be guilty of an offence.

(10) Any person who—

(a) damages or misuses or tampers with any parking meter;

(b) interferes with or tampers with the working or operation of any parking meter; or

(c) deposits or causes or permits to be deposited in any parking meter anything other than a coin or coins of the required denomination;

(d) without the prior authority of the Council affixes any placard, advertisement, notice, document or any other thing to a parking meter; or

(e) paints upon, writes upon or otherwise disfigures a parking meter,

shall be guilty of an offence.

10. Motor omnibus stopping places

(1) Any person who—

(a) causes or permits an unattended vehicle other than a motor omnibus to remain stationery at or in any bus stop or lay-by; or

(b) obstructs any bus stop or bus lay-by during any period in which it is or is likely to be, in use by a motor omnibus or by the passengers therefrom,

shall be guilty of an offence.

PART III
Municipal Car Parks (bye-laws 11-15)

11. Presumption

For the purposes of this Part, a vehicle to which a trailer is attached shall be deemed to be two vehicles.

12. Entry to municipal car parks

(1) Any person who causes or permits any vehicle, other than a motor vehicle, to enter or be parked in a municipal car park shall be guilty of an offence.

(2) Any person who causes or permits a motor vehicle to enter a municipal car park, if there is displayed at or near the entrance to such car a sign which indicates that the car park is full, shall be guilty of an offence.

13. Manner of parking

(1) Any person who parks a motor vehicle in a municipal car park—

(a) otherwise than in a parking bay; or

(b) in such manner that the motor vehicle, or anything projecting from it, extends beyond the boundary line of the parking bay in which it is parked, shall be guilty of an offence.

(2) Any person who parks a motor vehicle in a parking bay in any municipal car park in which another motor vehicle is already parked, shall be guilty of an offence.

14. Charges for parking

(1) Where a parking charge is prescribed for a municipal car park, any person who, during a period when such charge is payable, parks a motor vehicle in such park without paying the charge prescribed for the period during which such motor vehicle is so parked shall be guilty of an offence.

(2) If a motor vehicle is, or has been, or remains parked in a municipal car park for which charges are prescribed, at a time when such charges are not payable—

(a) the motor vehicle shall be removed from the car park by the owner or person in charge thereof before the start of the next period when charges are payable; or

(b) the owner or person in charge of the motor vehicle shall pay the prescribed charge for such time as the motor vehicle remains in the car park during the period when such charges are payable.

(3) In the event of failure to comply with the provisions of sub-bye-law (2) the owner or person in charge of the vehicle shall be guilty of an offence, and in addition the vehicle may be fitted with a wheel clamp, or towed away to a pound until the resulting fee or fine has been paid for its release.

15. Parking tickets

(1) Where a prescribed charge is made for the use of a municipal car park, any person causing or permitting any motor vehicle to park in the car park during the hours during which such charge is payable, shall, before entering the car park, pay the required charge and obtain a parking ticket indicating that the charge has been paid.

(2) A parking ticket which has been issued or obtained on entry to a municipal car park shall be displayed in a prominent position within the motor vehicle, on the windscreen or above the dashboard, so as to be clearly visible from the outside of the vehicle and any owner or person in charge of such a vehicle who fails to comply with the provisions of this bye-law shall be guilty of an offence.

PART IV
Private Car Parks (bye-laws 16-19)

16. Establishment of private car parks

(1) Any person wishing to establish a private car park for use by the general public shall—

(a) make written application therefor to the Council, stating in such application;

(i) the stand number of the plot, its location and extent of the area to be utilised for the car park;

(ii) the number of parking bays to be provided; and

(iii) evidence to support the need for the establishment of a car park on the site proposed;

(b) submit with the application two copies of a site plan showing—

(i) the location of the site and abutting roads and sidewalks;

(ii) the proposed layout of parking bays to be provided on the site or in the building;

(iii) measures to be taken for the drainage of storm water from the site; and

(iv) measures to be taken for the protection of pedestrians in the event of vehicles crossing the sidewalk; and

(c) supply such further plans, drawings, details, particulars, specifications or other information as the Council may reasonably require.

(2) The Council may reject any application if it considers that sufficient need for such a private car park has not been established, or it may issue a permit granting such application, subject to such conditions as it may reasonably impose.

(3) When issuing a permit for the establishment of a private car park, the Council may attach thereto such conditions as it considers fit, and such conditions may include, but not be limited to the following—

(a) the positioning and size of exits and entrance ways;

(b) the means to be taken for the safety of the public and pedestrians;

(d) the disposal of storm water;

(e) the nature of any structure proposed to be erected;

(f) the precautions to be taken against fire;

(g) the provisions to be made for the control of noise or any other nuisance likely to affect the public; and

(h) any other matters which it considers will ensure the safety or welfare of members of the public either when in or using the car park, or in or using the surrounding areas.

(4) The Council may require that any of the conditions it may seek to impose shall be complied with prior to the establishment of a private car park.

17. Control and maintenance of private car parks

The owner of any private car park established in terms of these Bye-laws shall—

(a) provide means, to the satisfaction of the Council for the supervision and control of parking in the car park;

(b) assume full responsibility for the safety and proper maintenance of the area and all facilities provided in connection therewith, to the satisfaction of the Council;

(c) indemnify the Council against any cost or liabilities arising from any accident, event or consequence resulting from the use of the area as a car park.

18. Contraventions of conditions

(1) If any person fails to comply with any of the conditions imposed in accordance with bye-law 15, or fails to control and maintain the car park in terms of bye-law 16, the Council may serve a notice in writing on the owner of the car park, requiring him, at his own cost to comply with all or any specified conditions or provisions of these Bye-Laws within a period of seven days from the date of service upon him of the said notice.

(2) If the notice referred to in sub-bye-law (1) is not complied with within seven days from the date of service thereof, or within such further period as the Council may allow, the Council may by notice in writing require the car park to be closed to the public with immediate effect, and may revoke, modify or vary the permit, or any of the conditions of the permit, granted in terms of bye-law 15.

19. Penalties

(1) Any person who fails to comply with any of the provisions of these Bye-Laws with which it is his duty to comply, or to comply with any directions issued under or in pursuance thereof shall be guilty of an offence, and any person guilty of an offence under this bye-law, or any other provision of these Bye-laws shall be liable to a fine of P50 for a first offence, and for a second or subsequent offence to a fine of P100 and to imprisonment for three months.

(2) An authorised official, or police officer may affix a wheel clamp on any vehicle, or tow to a Council pound any vehicle, which contravenes, or whose owner or person in charge contravenes or fails to comply with any provision of the bye-laws in Part II of these Bye-Laws, and may decline to release such vehicle until a fee of P50 has been paid for its release.

(3) An authorised official or any police officer may affix to a vehicle contravening any provision of these Bye-Laws, or serve upon the owner or person in charge of any vehicle who is reasonably suspected of having committed an offence under these Bye-Laws, a notification of the offence or offences concerned, in the prescribed form and requesting the owner or person in charge of the vehicle to attend the court specified therein, at such time, being not later than 20 days after service of such notification, to answer such alleged offence or offences:

Provided that the owner or person in charge of the vehicle concerned shall be excused attendance at the specified court if, before the date specified in the notification, he pays an admission of guilty fine of P50 at the revenue office of such court.

PART V
Defences (bye-law 20)

20. Defences

(1) It shall be a sufficient defence to any charge of contravening a provision of these Bye-Laws relating to parking that there were no legible signs or markings displayed in the relative section of the road to indicate that parking was prohibited or that it was restricted to a particular period, purpose or type of vehicle.

(2) It shall be a sufficient defence to any charge of contravening any provision of these Bye-Laws relating to parking in a metered parking place that there was no legible sign affixed to the parking meter indicating the prescribed charges and period of time during which charges are payable.

KASANE TOWNSHIP (TEMPORARY STRUCTURES) BYE-LAWS

(under regulations 34 and 35)

(21st August, 1998)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

1. Citation and application

2. Interpretation

3. Restriction on erection of temporary structure

4. Duty to demolish structure

5. Notice to demolish

6. Power to demolish unauthorised structure

7. Offences and penalties

S.I. 63, 1998.

1. Citation and application

(1) These Bye-laws may be cited as the Kasane Township (Temporary Structures) Bye-laws.

(2) These Bye-laws shall apply to all plots in the Kasane Township.

2. Interpretation

In these Bye-laws, unless the context otherwise requires—

“Authority” means the Township Authority for Kasane Township;

“Plot” means a piece of immovable property in a residential area;

“plot holder” means the registered owner, lease holder or occupant of a plot,

“Assistant Council Secretary” means the Assistant Council Secretary for Kasane Township.

3. Restriction on erection of temporary structure

(1) A plot holder shall not erect a temporary structure on the plot he occupies except in accordance with these Bye-laws.

(2) A plot holder may, before building a permanent dwelling house, or while the building is still in progress, erect a temporary structure for use as a dwelling house and or as a store for building material.

(3) The Authority may, upon application permit or require a plot holder to build a temporary structure for such purpose as the Authority may determine.

4. Duty to demolish structure

(1) Subject to sub-bye-law (2) a plot holder shall demolish a structure erected in accordance with bye-law 3 at or before the expiry of a period of six months immediately following the erection thereof.

(2) The Authority may grant authorisation for the continued maintenance of the temporary structure for a further period of six months to a plot holder who gives sufficient grounds in an application made at least 30 days before the temporary structure is required to be demolished under sub-bye-law (1).

(3) The duty to demolish a structure in accordance with sub-bye-law (1) includes the removal of all debris resulting from the demolition of the structure.

5. Notice to demolish

(1) A plot holder shall not demolish a temporary structure in accordance with bye-law 4 unless notice of intention to demolish has been given to the Assistant Council Secretary at least twenty four hours before the structure is demolished.

(2) The Assistant Council Secretary shall take all reasonable steps to ensure that every demolition of a temporary structure is carried out under the immediate supervision of an employee of the Township Authority.

6. Power to demolish unauthorised structure

(1) The Authority may serve a notice in writing to a plot holder who has erected a temporary structure in contravention of these Bye-laws or where the six months period for the erection of the temporary structure has elapsed, requiring the plot-holder to demolish the structure within seven days immediately after service of the notice.

(2) Where a plot holder fails to comply with the notice issued under sub-bye-law (1), the Authority may enter the plot and demolish the structure and take such other steps as appear to the authority to be necessary to safeguard the health and safety of the plot holder, other occupants of the plot or members of the public within the township.

(3) Expenses incurred by the authority in demolishing a structure under sub-bye-law (2) shall be deemed to be a civil debt, due and payable to the Township Authority by the plot holder and may be recovered in a Court of law.

7. Offences and penalties

A plot holder who contravenes a provision of these Bye-laws commits an offence and is liable on conviction to a fine not exceeding P100, or in default of payment to imprisonment for a term not exceeding three months.

SELEBI-PHIKWE TOWN COUNCIL (EARLY CHILDHOOD CARE AND EDUCATION) BYE-LAWS

(section 6)

(5th April, 2012)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Licencing of Centres

3. Licencing of Centres

4. Duration and renewal of licence

5. Conditional licence

6. Display of licence

7. Suspension and revocation

8. Transfer of licence

9. Closure of centre

PART III
Operation of Centres and Premises

10. Hours of operation

11. Age of admission

12. Premises of a centre

13. Resting period

14. Kitchen

15. Meals

16. Toilets

17. Outdoor play area

18. Washing facilities

19. Furniture and classroom equipment

20. First aid requirements

21. Cleanliness

22. Pets

23. Curriculum

24. Records of centre

PART IV
Staff and Children of the Centre

25. Staff

26. Class-child ratio

PART V
General

27. Appeals

28. Powers of entry

29. Offences and penalties

SCHEDULE

S.I. 35, 2012.

PART I
Preliminary (by-laws 1-2)

1. Citation

These Bye-laws may be cited as the Selebi-Phikwe Town Council (Early Childhood Care and Education) Bye-laws.

2. Interpretation

In these Bye-laws, unless the context otherwise requires—

“authorised officer” means the Township Clerk or any employee of the Council duly authorised, in writing, by the Council to perform duties under these Bye-laws;

“baby care centre” means a place for the care, education and supervision of children below the age of two and half years;

“centre” means a place for the supervision during the day of children below six years;

“conditional early childhood care and education licence” means Early Childhood Care and Education Licence issued by the Council under bye-law 3;

“Council” means the Selebi-Phikwe Town Council;

“infectious disease” includes diphtheria, cerebrospinal meningitis, whooping cough, measles, mumps, german measles (rubella), chicken pox, scabies, ringworm on scalp or body, and typhoid fever, and any other communicable contagious diseases;

“nursing room” means a separate room for a mother to nurse her baby; and

“sick bay” means a separate room equipped with a bed or mattress and clean linen in which a sick child can rest and be isolated.

PART II
Licencing (by-laws 3-9)

3. Licencing of centres

(1) A person shall not operate a centre without an Early Childhood Care and Education Licence issued by the Council under these Bye-laws.

(2) An application to operate a centre shall be made to the Council in Form 1 set out in the Schedule to these Bye-laws and shall provide such information as the Council may require and, in particular—

(a) the details of the type of centre to be operated; and

(b) the details of the premises intended to be used for the centre.

(3) The Council may, upon receipt of an application under sub-bye-law (2), cause to be conducted such inspections as it may consider appropriate to ensure that the premises of the centre comply with the relevant health and building control standards.

(4) Where the Council is satisfied that the proposed centre meets all the requirements of these Bye-laws, it shall on receipt of payment of a fee of P100 issue to the applicant an Early Childhood Care and Education Licence in Form 2 set out in the Schedule to these Bye-laws.

(5) A licence issued under these Bye-laws may be subject to such conditions as the Council considers necessary, which conditions shall be endorsed on the licence.

4. Duration and renewal of licence

(1) An Early Childhood Care and Education Licence issued under bye-law 3(4) shall be valid for a period of 12 months.

(2) A licensee may apply to the Council for renewal of an Early Childhood Care and Education Licence in Form 3 set out in the Schedule to these Bye-laws.

(3) The Council may renew an Early Childhood Care and Education Licence upon payment of a fee of P50.

5. Conditional licence

(1) Where the requirements under these Bye-laws are not fully met, the Council may grant a conditional Early Childhood Care and Education Licence in Form 4 set out in the Schedule to these Bye-laws, to allow the applicant to fulfill all the requirements before getting full licence.

(2) The Conditional Early Childhood Care and Education Licence shall be valid for a period not exceeding three months but may be renewed for a period of not more than two months.

(3) A Licence issued under this bye-law may be subject to such conditions as the Council considers necessary, which conditions shall be endorsed on the licence.

6. Display of licence

A licence issued under these Bye-laws shall be displayed in a conspicuous place in the principals office in the premises of the centre.

7. Suspension and revocation

The Council may suspend, revoke or impose further conditions on the licence, and shall publish a notice of such suspension, revocation or imposition of conditions in two consecutive issues of the Gazette and two newspapers in wide circulation in Botswana where

(a) the conditions of any licence are not being adhered to;

(b) a centre has failed to comply with these Bye-laws; or

(c) an authorised officer, after conducting an inspection, has recommended a suspension or revocation of the licence or imposition of conditions due to a failure of the centre to comply with the relevant public health standards.

8. Transfer of licence

A person to whom a licence has been issued may not cede, transfer, or lease the licence to another person.

9. Closure of centre

A centre that does not provide proper care or puts children at risk shall be informed by the Council, in writing, to take corrective measures within a specified period and where the deficiencies indicated remain uncorrected in the specified time or children are at risk, the Council shall close the centre with immediate effect.

PART III
Operation of Centres and Premises (by-laws 10-24)

10. Hours of operation

A centre shall operate between 0700 hours and 1900 hours on week-days unless otherwise authorised in writing by the Council.

11. Age of admission

A centre shall not admit or allow to remain at a centre a child over the age of six years without the written permission of the Council.

12. Premises of a centre

(1) An occupied residential house shall not be used for operating a centre.

(2) Premises used for a centre shall—

(a) be walled or fenced in accordance with Building Control Regulations (Cap. 65:02 (Sub. Leg.));

(b) be set back at least 25m from busy roads;

(d) have floors that are smooth, and tiled or carpeted;

(e) be adequately lit and ventilated; and

(f) not have walls or a roof made of asbestos material.

(3) The size of the rooms to be used as classrooms in a centre shall directly relate to the number of children permitted to use the class, so that for each child there shall be the equivalence of 1.5 m².

(4) Premises used for a centre shall have the following—

(a) a well equipped first aid kit;

(b) a sick bay;

(d) an outdoor play area.

13. Resting period

(1) A centre that serves children for five hours a day or more shall ensure that all children have a common rest period of not less than an hour each afternoon.

(2) Children who do not wish to sleep during the common rest period under sub-bye-law (1) shall be engaged in restful activities.

14. Kitchen

(1) A centre shall have a kitchen that is physically separated from the children’s activity areas.

(2) The kitchen shall have hot and cold water and adequate storage space for food and utensils.

(3) Where food or formula is brought into a centre by the children, they shall be provided with adequate and hygienic facilities for the storage and refrigeration of the food or formula.

(4) The utensils, cutlery and crockery used in the kitchen shall be of a shape and size suitable for the children admitted at the centre.

(5) The walls of the kitchen shall be painted or tiled up to one and half metres from the floor in materials that can be easily washed.

15. Meals

(1) A centre that operates for less than five and half hours a day shall provide each child with one nutritional snack or formula.

(2) A centre that operates for more than five and half hours a day shall provide each child with at least one nutritionally cooked meal.

(3) A centre shall have a menu displayed in the kitchen at all times.

(4) A centre shall observe the children’s “religious” or “spiritual” beliefs and shall arrange with parents alternative meals for those children who cannot eat what is offered in the centre.

16. Toilets

(1) Every centre shall provide separate toilets for members of staff and for children.

(2) Toilets shall—

(a) be well lit;

(b) be well ventilated; and

(3) Toilets for children shall be installed with standard junior toilets and child size hand wash basins, and there shall be—

(a) one toilet and one hand wash basin for every 15 children;

(b) separated according to gender; and

17. Outdoor play area

(1) Every centre shall have an outdoor play area which shall have a minimum area of not less than 2m² for each child attending the centre, and shall play area have a flat, generally dry surface, with adequate shade.

(2) The outdoor play area shall be provided, to the satisfaction of the Council, with play equipment such as sand pits, swings, slides and climbing frames adequate for the number of children attending at the centre.

(3) The outdoor play area shall be free from sharp objects or any discarded material, equipment, or any other objects which pose a danger to children.

18. Washing facilities

The owner of a centre shall maintain on the premises, a facility for washing clothes, towels, blankets and any other linen used at the centre.

19. Furniture and classroom equipment

(1) The owner of a center shall provide adequate furniture and other equipment suitable for use in the centre, including reading material, picture books, blackboards, toys, paints, crayons, moulding clay, puzzles, beads and other equipment necessary for children’s use.

(2) A centre shall have separate storage facilities for towels, face cloths and for personal belongings for staff and for the children.

20. First aid requirements

(1) At every centre there shall be maintained, and made readily accessible at all times, a first aid box or cupboard containing an adequate supply of requirements dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectant, safety pins, gloves and a tourniquet.

(2) A member of staff may not administer any medication to a child without the consent of the child’s parent or guardian, except under emergency circumstances.

(3) A centre shall establish a fire assembly point and keep well maintained portable fire extinguishers within the centre.

21. Cleanliness

(1) At every centre there shall be a high standard of maintenance and cleanliness.

(2) The owner of a centre shall ensure that any member of staff or child suffering from, or suspected to be suffering from, an infectious disease, is immediately isolated from contact with other children or staff members.

(3) A member of staff employed at a centre shall at all times when on duty—

(a) wear clean uniform or clothing; and

(b) clothing appropriate for the job.

22. Pets

A centre may have an animal corner that helps children to develop a sense of responsibility and tolerance towards animals, with written permission of the Council.

23. Curriculum

The curriculum followed at a centre shall adhere to the standards set by the Ministry responsible for education and the Early Childhood Care and Education Policy.

24. Records of centre

The owner of a centre shall open and maintain a register in which shall be recorded in relation to each child at the centre—

(a) their names and dates of birth;

(b) their medical history;

(d) the names and qualifications of all members of staff employed at the centre; and

(e) a record of the accidents which have occurred at the centre.

PART IV
Staff and Children of the Centre (bye-laws 25-26)

25. Staff

(1) A centre shall have a minimum of two qualified teachers, and at all times there shall be at least one such teacher on duty.

(2) A centre shall at all times have at least one teacher on duty for every 30 children.

(3) Assistants may be employed to assist the qualified teachers to supervise and look after children.

(4) Staff employed at a centre shall undergo a medical examination, including an x-ray, before being employed, and thereafter at six month intervals, their medical examination shall exclude x-ray.

(5) A person shall not be employed, or continue to be employed at a centre if the person—

(a) is certified under the Mental Disorders Act (Cap. 63:02), to be suffering from a mental disorder;

(b) has been convicted of a sexual offence; or

26. Class-child ratio

A centre shall have a maximum of—

(a) 10 babies aged between six weeks and two and half years per classroom;

(b) 25 children aged between two and a half and four years old per classroom;

PART V
General (by-laws 27-29)

27. Appeals

A person who is aggrieved by the decision of the Council in terms of these Bye-laws may within 30 days of receipt of notification of that decision appeal to the Minister.

28. Offences and penalties

(1) An authorised officer may at any reasonable time, enter a centre for the purpose of inspection, and to ensure compliance with these Bye-laws.

(2) A person who refuses an officer of the Council to enter the centre for purpose of inspection commits an offence and is liable to a fine not exceeding P100, or to imprisonment for a term not exceeding one month, or to both, and for a second or subsequent offence, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, or to both.

29. Powers of entry

Any person who contravenes the provisions of these Bye-laws commits an offence and is liable to a fine not exceeding P100, or to imprisonment for a term not exceeding one month, or to both, and for a second or subsequent offence, to a fine not exceeding P200, or to imprisonment for a term not exceeding three months, or to both.

SCHEDULE

SELEBI-PHIKWE TOWN COUNCIL

FORM 1
APPLICATION TO OPERATE A BABY CARE, DAY CARE/ NURSERY OR A PRE-PRIMARY UNIT

(bye-law 3(2))

Telephone: 2610570/2612266 2612228/2612225 2612227/2612123		Private Bag 001 Selebi-Phikwe

261222 Fax: 2601280/2614854 Telegram: MEEPONG

(To be filled in duplicate)*

By Individuals, Companies, Non-Governmental Organisations and
Communities.

1. Applicant (Representative of above)

Name: ……………………………………………………………………………………………………………………

Address: …………………………………………………………………………………………………………………

Telephone No.: …………………………. Mobile No.: ………………………………………………………………

E-mail:…………………………………………………………………………………………………………………….

Nationality (individuals only): …………………………………………………………………………………………

Residence Permit No./expiry date: (non-citizens): ……………………………………………………………..

For company applicants only

Company name: ……………………………………………………………………………………………………….

Registration No.: ………………………………………………………………………………………………………

Address: …………………………………………………………………………………………………………………

Contact person:…………………………………………………………………………………………………………

Telephone No.: …………………………………………………………………………………………………………

E-mail:…………………………………………………………………………………………………………………….

2. Proposed Centre

Name: …………………………………………………………………………………………………………………..

Address: ………………………………………………………………………………………………………………..

Type (Private, School Unit, NGO Community, Council) ……………………………………………………….

3. Premises and Structure

What is the principal construction material of the building (e.g. bricks, wood)

……………………………………………………………………………………………………………………………

Construction material of floor: ………………………………………………………………………………………

Net interior floor space of each room to be used as a classroom ……………………………………………

…………………………………………………………………………………………………………………………….

3.1 Type

Room 1………………………………. m² ………………………………. (e.g. play room 1)

Room 2 ……………………………….m²……………………………….

Room 3 ……………………………….m²……………………………….

Room 4 ……………………………….m²……………………………….

Room 5 ……………………………….m²……………………………….

4. Toilets and Washing Facilities

Total number of toilets for children ……………………………………………………………………………….

Number of toilets for staff …………………………………………………………………………………………

General washing facilities …………………………………………………………………………………………

5. Kitchen

Washable walls

Yes/No ………………………………………………………………………………………………………

Storage space

Yes/No ……………………………………………………………………………………………………….

Type of storage (shelves, pantry, fridge, cupboards)

6. Outdoor Area

Size …………………………………………………………………………………………………………..

Fenced:

Yes/No ………………………………………………………………………………………………………

Secure gate:

Yes/No ……………………………………………………………………………………………………….

Shade:

Yes/No ……………………………………………………………………………………………………….

7. Provision

Proposed number of classes ……………………………………………………………………………………….

Proposed number of children per classroom …………………………………………………………………..

No. of teachers ………………………………………………………………………………………………………

No. of teaching assistants …………………………………………………………………………………………

No. of support staff (specify) …………………………………………………………………………………….

8. Proposed Programme

Attach a short outline of the proposed programme (not more than two pages) how it shall meet the developmental needs of the children, learning principles and basic life skills.

9. Developmental Educational Material and Equipment

Attach list of most basic indoor and outdoor materials and equipment to be used in the centre (Show quantities).

10. Furniture

Attach a list of furniture including number of tables and chairs and their size, cupboards and display facilities that will be used in the centre.

11. Health and Safety

First Aid kit: Yes/No ……………………………………………………………………………………….

Heaters: Yes/No……………………………………………………………………………………….

Fire extinguisher: Yes/No………………………………………………………………………………………..

No smoking signs: Yes/No……………………………………………………………………………………….

12. Attachments

Zoning approval/land use permit:Yes/No ……………………………………………………………………

Fire inspection report Yes/No……………………………………………………………

Environmental health inspection report: Yes/No …………………………………………………………..

I/we declare that the information provided in this form is correct.

Signature ………………………………………………………………………

Date: …………………………………………………………………………….

* Original – Ministry of Education

Copy – Council

SELEBI-PHIKWE TOWN COUNCIL

FORM 2
EARLY CHILDHOOD CARE AND EDUCATION LICENCE

(bye-law 3(4))

Telephone: 2610570/2612266 2612228/2612225 2612227/2612123		Private Bag 001 Selebi-Phikwe

261222 Fax: 2601280/2614854 Telegram: MEEPONG

THIS LICENCE IS NOT TRANSFERABLE

LICENCE NO.: ……………………………………………………………………………………………………..

The bearer …………………………………………………………………………………………………………has been

permitted in terms of the Selebi-Phikwe Town Council (Early Childhood Care and Education) Bye-laws of 2012 to operate a centre by the name of………………………….

Plot No.: ………………………………………………….. at …………………………………………………………..

The number of approved children on the premises is……………………………………………………………..

Hours of operation will be from: ………………………………………………………………………………………..

This licence expires on……………………………………………………………………………………………………

Date: ……………………………………………….. Fee paid:………………………………………………………….

…………………………………………………….
LICENSING OFFICER

SELEBI-PHIKWE TOWN COUNCIL

FORM 3
LICENCE RENEWAL APPLICATION FORM

(bye-law 4(2))

Telephone: 2610570/2612266 2612228/2612225 2612227/2612123		Private Bag 001 Selebi-Phikwe

261222 Fax: 2601280/2614854 Telegram: MEEPONG

Name of applicant: …………………………………………………………………………………………………………….
Address:………………………………………………………………………………………………………………………….
Name of day care centre:……………………………………………………………………………………………………..
Plot No: …………………………………………………………………………………………………………………………..
No. of current licence:………………………………………………………………………………………………………….
Issued at:………………………………………………………………………………………………………………………….
On:………………………………………………………………………………………………………………………………….
Expiry date of current: …………………………………………………………………………………………………………
Is business operating: YES …………………………………… NO……………………….
If not, why? ……………………………………………………………………………………………………………………….
……………………………………………………………………………………………………………………………………….
Land use/Zoning approval permit available: YES …………………………………. NO………………………..
If yes, give the reference number: …………………………………………………………………………………………….
Date of renewal:……………………………………………………………………………………………………………………
If no, state the reasons: …………………………………………………………………………………………………………
………………………………………………………………………………………………………………………………………..
Name of officer: ……………………………………………………………………………………………………………………

Stamp and signature (physical planner)
Has the owner met all the environmental health requirements for operating a child day care centre
YES ……………………………………………………………… NO ……………………………………………………………
Name of officer: ……………………………………………………………………………………………………………………

Stamp and signature (health inspector)
I certify that information given above is true.
Signature of applicant ……………………………………………………………. Date: ……………………………………..
Not all/All the requirements for running a childcare and development centre have been met by the above mentioned center. Therefore licence of operation will/will not be issued.
Name of officer: …………………………………………………………………………………………………………………….

Stamp and signature (S & CD Head of Department)

SELEBI-PHIKWE TOWN COUNCIL

FORM 4
CONDITIONAL EARLY CHILDHOOD CARE AND EDUCATION LICENCE

(bye-law 5(1))

Telephone: 2610570/2612266 2612228/2612225 2612227/2612123		Private Bag 001 Selebi-Phikwe

261222 Fax: 2601280/2614854 Telegram: MEEPONG

THIS LICENSE IS NOT TRANSFERABLE

LICENCE NO.: …………………………………………………………………………………………………………………….

The bearer ……………………………………. has been permitted in terms of the Selebi-Phikwe Town Council (Early Childhood Care and Education) Bye-laws of 2012 to operate a Centre by the name of ……………………………

Plot No.: ………………………………………………………………………. at ……………………………………………….

The number of approved children on the premises is………………………………………………………………………

Hours of operation will be from: ………………………………………………………………………………………………..

This licence expires on……………………………………………………………………………………………………………

Date: …………………………………………………………………………………………………………………………………

……………………………………………………………
LICENSING OFFICER

GABORONE CITY COUNCIL (GENERAL) BYE-LAWS

(regs 34 and 35)

(27th May, 1966)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Health and Sanitation

3. Latrine accommodation to be provided

4. Mosquitoes and pests

5. Prevention of accumulation of refuse

6. Refuse receptacles and removal fees

7. Swimming pools and fish ponds

8. Overcrowding

PART III
Livestock and Other Animals

9. Keeping of livestock

10. Troublesome or dangerous animals

11. Bees, pigeons and poultry

12. Powers of council

13. Disposal of carcasses of dead animals

PART IV
Streets

14. Naming of streets

15. Numbering of houses

16. Hoardings

17. Bills, posters, placards or advertisements

18. Trees

PART V
Fire Control Measures

19. Accumulation of inflammable or combustible materials

20. Grass fences

21. Storing of inflammable, combustible or explosive substances

22. Burning of grass, refuse or rubbish

23. Fire-fighting appliances in public buildings

24. Attendance of fire brigade at fires

PART VI
Food Premises

25. Construction: general

26. Construction: bakeries

27. Construction: butcheries and fishmongers’ shops

28. Operation of bakeries

29. Operation of butcheries and fishmongers’ shops

30. Personal cleanliness

31. Health of employees

32. Conveyance, handling, storage and sale of foodstuffs

33. Canned food

PART VII
Miscellaneous

34. Noise and nuisance

35. Collection for charity

36. Protection of common property

37. Barbed wire fences

38. Offences and penalties

L.N. 58, 1966,
S.I. 24, 1968,
S.I. 74, 1969,
G.N. 197, 1970,
S.I. 1, 1972,
S.I. 15, 1975.

PART I
Preliminary (bye-laws 1-2)

1. Citation

These Bye-laws may be cited as the Gaborone City Council (General) Bye-laws.

2. Interpretation

In these Bye-laws, unless the context otherwise requires—

“approved” means approved by the City Council or by any duly authorised officer of the City Council;

“baker” means any person who carries on the business of selling whether by wholesale or retail bakery products baked or made by him;

“bakery” means any premises on which is carried on any of the processes of or incidental to baking or the manufacture or storage of bakery products for use by persons other than those residing on the premises;

“bakery products” includes bread, biscuits, rolls, tarts, cakes, pies, confectionery or sweetmeats;

“business premises” means any premises which are used or intended to be used as a place of trade or industry;

“butcher” means any person who sells or exposes for sale or supplies butchers’ meat for human consumption;

“butchery” means any premises used for the purpose of carrying on the business of a butcher;

“butchers’ meat” means the flesh or offal of any animal intended for human consumption or any products manufactured therefrom, but does not include canned or potted meats, biltong, ham, sausages, bacon, salted and other prepared meats, fish, poultry or venison;

“council” means the Gaborone City Council;

“council area” means the area under the jurisdiction of the council;

“dwelling” means any house, room, shed, hut or any other structure or plan whatsoever, any portion whereof is used by any human being for sleeping in or in which any human being dwells;

“food” or “foodstuffs” means any thing whatsoever (other than drugs or water), in any form, state or stage of preparation, which is ordinarily used or intended to be used for human consumption;

“food premises” means any premises which are used or intended to be used as a place for the preparation, manufacture, keeping, storing, depositing, conveying, handling and exposing for sale of food and drink;

“habitable room” means any room used or intended to be used as a sleeping, living or work room;

“latrine” means any building, erection or place adapted or constructed for the use of human beings for the purposes of defecation or urination;

“livestock” means any domestic bovine animal, goat, sheep, swine, horse, donkey or mule;

“occupier” means, in relation to any lot or premises—

(a) any person in actual occupation of such lot or premises and having charge or management thereof; or

(b) in the event of the lot or premises being occupied by anybody other than an employee of the person having charge or management thereof, any person having such charge or management;

“official” means any duly appointed official of the City Council;

“owner” means, in relation to—

(a) any animal, in addition to its ordinary meaning, any person having the charge, custody or control of any animal and the occupier of any premises where any animal is kept or permitted to remain;

(b) any lot or premises, the person in whose name the title to such lot or premises is registered and includes an agent of the owner or any person receiving or entitled to receive rent in respect of such lot or premises;

“poultry” means any fowl, turkey, goose or duck;

“premises” means any building or part thereof, store, shop, tenement or other erection above or below the ground and the land used or occupied in connection therewith;

“slaughter house” includes any abattoir, slaughter pole or place set apart for slaughtering livestock, the meat of which is intended for sale;

“stable” includes a cowshed, stall, pen or sty;

“street” means any street, square, road, lane, footpath, pavement, thoroughfare or public place extending in width from the boundary of any lot or area of land and includes any work or thing forming part of or connected with such street;

“veterinary surgeon” means a person duly registered as such under the provisions of the Veterinary Surgeons Act (Cap. 61:04);

“waste-water” means any discharge of a non-excremental nature from any waste-water fitment, gully trap, grease trap or laundry.

PART II
Health and Sanitation (bye-laws 3-8)

3. Latrine accommodation to be provided

(1) The owner of any premises within the council area shall—

(a) provide proper and sufficient latrine accommodation for all persons residing or employed thereon;

(b) provide a minimum of one latrine for every 15 persons.

(2) No person shall urinate or defecate in the council area elsewhere than in a latrine.

(3) The council may, by notice in writing to the owner or occupier of any premises within the council area, prohibit the use of any latrine which by reason of faulty construction or neglect or from any other cause has, in the opinion of the council, become or is likely to become a nuisance or a danger to public health until such nuisance or danger has been abated to the satisfaction of the council.

4. Mosquitoes and pests

Every owner and occupier of any lot or premises within the council area shall, in respect of such lot or premises—

(a) maintain all water receptacles, such as tanks, cisterns, casks, pails and other contrivances for the storage or retention of water for any period in excess of 24 hours covered so as to prevent the ingress of mosquitoes;

(b) keep guttering and drainpipes in good repair and condition and shall not allow such guttering and drainpipe to be in such condition as to collect water and prevent it from readily flowing away;

(c) ensure that no tin, bottle or other refuse, or article capable of holding water is thrown out or allowed to remain on any such lot or premises;

(d) ensure that every receptable for the collection of slop water or household refuse is kept adequately covered;

(e) generally take adequate steps to prevent the breeding of mosquitoes or other pests.

5. Prevention of accumulation of refuse

(1) For the purposes of this bye-law “refuse” means any garbage, excreta, night soil, filth stops, waste water, yard flushing, stable litter, rubbish, garden or kitchen refuse, dirt or crockery or glass, tins, cartons, plastic containers, and includes any derelict machinery or vehicle or part thereof.

(2) No person shall place, pour, throw or leave on any lot or premises or street or other public place, and no person shall permit to remain on any lot or premises under his control or any street or public place adjacent to such lot or premises within 10 metres of the boundary thereof, any refuse in such place or in such manner or for such time as to endanger health, or to favour the breeding or harbouring of flies, mosquitoes or other insect pests, or to encourage rats or other vermin to frequent such lot, premises or street or other public place, or to become an eyesore or to cause any nuisance, or to be likely to interfere with the comfort of the inhabitants of the city.

(3) Any person who contravenes the provisions of sub-bye-law (2) shall be guilty of an offence.

(4) Without prejudice to any prosecution for contravention of this bye-law, and notwithstanding any penalty which may be imposed under these Bye-laws for such contravention, an authorised officer may order any person who contravenes the provisions of sub-bye-law (2) to remove or dispose of any refuse which is the subject to the contravention in such manner as he may specify, and, if that person refuses to obey him, the council may forthwith remove or dispose of the refuse at that person’s expense and such expense shall be a civil debt due to the council recoverable in any court of competent jurisdiction.

6. Refuse receptacles and removal fees

(1) Every occupier of premises in the council area shall, within 14 days of the service upon him of a notice in writing requiring him to do so, provide a sufficient number of suitable refuse receptables, for the reception of refuse upon such premises.

(2) Every occupier shall cause such receptable to be covered at all times except when refuse is being deposited in or discharged therefrom.

(3) Every occupier shall cause all refuse receptacles in use on his premises and covers thereof to be kept as clean as practicable and maintained in good order and condition.

(4) The council shall perform refuse removal services throughout the entire council area as often as circumstances warrant and a fee charged will be that as may be determined from time to time.

7. Swimming pools and fish ponds

Every person occupying premises on which is situated a swimming pool or fish pond shall take such precautions as may be required by the council to prevent the breeding of mosquitoes in such swimming pool or fish pond and shall ensure that the water contained therein is always fresh and free from unpleasant or insanitary matter.

8. Overcrowding

No room in any dwelling shall be used for human habitation unless there is provided for every person over the age of 14 years 11,33 cubic metres of air space and 3,72 square metres of floor space, and for every person below the age of 14 years 8,50 cubic metres of air space and 2,79 square metres of floor space.

PART III
Livestock and Other Animals (bye-laws 9-13)

9. Keeping of livestock

(1) No person shall without the written consent of the council keep any livestock on any residential plot.

(2) The council may prohibit the use of any stable, cowshed, pen or site which in the opinion of the council is unfit, undesirable or objectionable by reason of its locality, construction, condition or manner of use.

10. Troublesome or dangerous animals

No person shall allow any wild, troublesome, ferocious or dangerous monkey, carnivorous wild animal or reptile to be at large off the premises on which such animal is normally kept.

11. Bees, pigeons and poultry

No person shall keep any bees, pigeons or poultry so as to disturb the comfort of the inhabitants of the council.

12. Powers of council

The council may order the seizure and detention of any livestock, poultry, monkey, carnivorous wild animal or reptile found at large within the council area, and if such animal is not claimed within seven days the council may order its sale or destruction.

13. Disposal of carcasses of dead animals

(1) Subject to the provisions of sub-bye-law (2), no person shall dispose of the carcass of any dead animal within the council area except in a place approved by the council.

(2) The provisions of sub-bye-law (1) shall not apply to the burial by a person within a lot under his control, of the carcass of any dog, cat, or other small pet animal—

Provided that:

(i) the carcass shall be buried deeply enough to prevent the escape of any offensive odour or the digging up of the carcass by scavenging animals, and prevent any hazard to health,

(ii) in the event of the death of the animal being caused by an infectious disease, the burial shall not take place except with the consent of a medical practitioner or veterinary surgeon,

(iii) if the place where the carcass is buried is marked as a grave, this must be done, or shielded from view, so as not to be offensive to the religious or other susceptibilities of the neighbours,

and if these conditions are not complied with, the council may give such directions as may be necessary to secure compliance, or may order that the carcass be dug up and disposed of in some other place or manner, and failure to comply with such directions or order shall be punishable on conviction by a fine not exceeding P100 or in default of payment by imprisonment for a term not exceeding three months.

PART IV
Streets (bye-laws 14-18)

14. Naming of streets

(1) The council may name or alter the name of any street.

(2) The council may from time to time, at its own expense, paint upon or affix to any building or erect in any street, the name of such street.

15. Numbering of houses

(1) The council may from time to time allot numbers to each house or building in any street for the purpose of distinguishing such house or building and may alter such numbers from time to time as it may deem necessary.

(2) The owner of any house or building to which a number has been allotted by the council shall affix or paint the number so allotted in a conspicuous place facing on to the street in which such number has been allotted and shall maintain such number in good order and condition so as to be clearly legible from the other side of the street on to which it faces.

16. Hoardings

(1) This bye-law shall not apply to hoardings which form a temporary part of any building operation or which can be put up as a temporary measure to shield any works in progress or to protect the public from any hazard arising from work in progress nor to any hoarding erected on privately-owned premises for the purpose of advertising the said premises for sale:

Provided that the council may direct the person erecting such hoarding to remove it or reposition it for the reason set out in sub-bye-law 3(a).

(2) No hoarding shall be erected within the council area except with the written consent of the council.

(3) The council may withhold its consent to the erection of a hoarding if it considers that the proposed hoarding—

(a) will be a distraction or visual obstruction to traffic, or will in any way interfere with the free movement of traffic, including pedestrians;

(b) is objectionable in substance, presentation or scale;

(c) will spoil the appearance of any improved or developed area set aside for industrial development, or any beauty-spot, park or recreational area; or

(d) will be offensive to any occupier of residential premises adjacent to or looking upon the site of the proposed hoarding.

(4) The council may charge fees for permission to erect and maintain hoardings on any street or other public place within the council area.

(5) The council may itself erect hoardings and may permit the use thereof and of any walls or other suitable fixtures being the property of the council by any person to display any bill, poster, placard or advertisement and may charge fees for such use.

(6) The fees mentioned in sub-bye-laws (4) and (5) shall be determined from time to time by resolution of the council and a separate rate may be specified in respect of illuminated hoardings or signs.

(7) Failure to pay any fee charged under this bye-law shall be an offence.

(8) If any person—

(a) erects a hoarding in contravention of this bye-law; or

(b) refuses to remove a hoarding within a reasonable time when required to do so by the council; or

the council may, without prejudice to any prosecution for an offence against these Bye-laws, remove the hoarding which is the subject of the contravention at the expense of that person, and such expense shall be a civil debt due to the council recoverable in any court of competent jurisdiction.

17. Bills, posters, placards or advertisements

(1) No bill, poster, placard or advertisement shall be displayed within the council area without the written consent of the council.

(2) The council shall withhold its consent only if it considers the display of the bill, poster, placard or advertisement to be a distraction to motorists or objectionable in substance, presentation or scale.

(3) The council may stipulate the time within which bills, posters, placards or advertisements shall be removed.

(4) Nothing contained in sub-bye-laws (1) and (2) shall prevent any person holding a licence to trade in the council area from erecting any bills, posters, placards or advertisements on or within the building to which his licence applies:

Provided that the council does not object to the nature and substance of such bills, posters, placards or advertisement.

(5) Any bill, poster, placard or advertisement which has been erected in the Council area without the council’s consent or to which the council objects may be removed by the council.

18. Trees

No person shall fell or damage any tree or shrub in any street or public place except with the written consent of the council.

PART V
Fire Control Measures (bye-laws 19-24)

19. Accumulation of inflammable or combustible materials

(1) The owner and occupier of any property shall take all reasonable precautions to prevent the accumulation or deposit of straw, wood, paper or other inflammable or combustible material on the property which could cause damage or danger from fire to any person, animal or building or to any adjacent property.

(2) Where, in the opinion of the council an owner or occupier has allowed the accumulation of deposit of straw, wood, paper or other inflammable or combustible material on his property, the council may, by notice in writing to such owner or occupier, order him to remove such accumulation within a period of not less than three days, which period shall be stipulated in such notice, and it shall thereupon be the duty of the owner or occupier to do so.

20. Grass fences

If, in the opinion of the council, any fence of grass, rushes or reeds is erected in such a position or is allowed to fall into such a state of disrepair that it gives rise to a danger of fire spreading therefrom to any buildings, the council may, by notice in writing, order the fence to be removed and the owner, or in his absence, the occupier of the premises upon which the fence is situated, shall remove the fence.

21. Storing of inflammable, combustible or explosive substances

(1) Except with the written permission of the council, no person shall store any inflammable, combustible or explosive substance on any property:

Provided that—

(i) it shall be permissible for any person to store, in a closed-top container or other approved receptacle at his place of residence or at his place of business, not more than a total of 22,73 litres of petrol, paraffin, methylated spirits or other such inflammable substance which is used for household purposes, in addition to the fuel contained in the fuel tank of any motor vehicle;

(ii) the provisions of this bye-law shall not apply to—

(a) liquor which a person may store at his place of residence or at his place of business;

(b) petrol, paraffin, methylated spirits, oil or other such inflammable substance which is stored at a garage, service station or petrol filling station.

(2) In granting permission in terms of sub-bye-law (1) the council may impose such conditions as it deems necessary.

22. Burning of grass, refuse or rubbish

(1) No person shall burn or set fire to any grass, refuse, rubbish or other material on any private property unless—

(a) he is the owner or occupier of the property or has the permission of the owner or occupier thereof;

(b) he takes all reasonable precautions to avoid any annoyance to owners or occupiers of adjoining properties and to prevent the fire spreading to such adjoining properties; and

(2) No person, other than an employee of the council, shall burn or set fire to any grass, refuse, rubbish or other material on any street, or public open space.

23. Fire-fighting appliances in public buildings

(1) The owner of any hall, shop, offices or other building to which the public has access shall, if required by the council, provide such building with portable fire extinguishers at the rate of one fire extinguisher for every 232,25 square metres or part thereof.

(2) The owner of any such building shall fix any extinguisher which he is required to provide in a conspicuous and easily accessible position and shall maintain the extinguisher in good working order.

24. Attendance of fire brigade at fires

(1) In the event of a fire brigade attending upon any fire the officer in charge of the fire brigade party shall have full control over the property on fire and over such other property as he may consider to be in danger for the purposes of taking such reasonable measures as he may deem necessary to prevent the spread of and to extinguish the fire.

(2) In exercising his powers in terms of sub-bye-law (1), the officer in charge of the fire brigade party—

(a) shall have the right of entry to any property and may by himself or through any person under his control break into, through, take possession of, or pull down buildings, but shall take all reasonable care to do as little damage as possible;

(b) shall have the right of access to any hydrant, pipe, cistern, borehole or other water supply and shall be entitled to draw water from such points of supply;

(c) may himself, or through any person under his control, divert, stop or regulate traffic in the vicinity of the fire; and

(d) may temporarily close any street, passage, thoroughfare or greenway in the vicinity of the fire.

PART VI
Food Premises (bye-laws 25-33)

25. Construction: general

(1) No person shall erect or occupy any food premises within the council area unless the following provisions have been complied with—

(a) the premises shall be constructed of brick, concrete or other approved material;

(b) the internal faces of the walls shall be tiled, or plastered with a cement plaster and the surface brought to a smooth face and painted with three coats of oil paint, washable distemper or other approved decoration to a height of not less than 1,83 metres;

(i) of concrete; or

(ii) of wood ventilated to prevent dryrot and rendered impervious to rodents;

(d) the height of the walls from floor to ceiling shall not be less than 3,05 metres;

(e) the premises shall be provided with a dustproof ceiling;

(f) every room shall be lighted and ventilated by a window or windows of an area not less than one-tenth of the floor area and capable of being opened to at least one-twentieth of the floor area of such room or alternatively an approved system of forced ventilation or air conditioning shall be provided;

(g) the premises shall be provided with a supply of clear hot and cold water and washing facilities to enable employees to keep clean and washing-up facilities to enable all utensils, storage facilities, linen and protecting clothing to be kept clean.

(2) No food premises shall be used for sleeping accommodation and no portion of such premises shall communicate by door, window or otherwise with any sleeping or living room.

26. Construction: bakeries

No person shall erect or occupy any bakery within the council area unless the following provisions have been complied with in addition to the provisions of bye-law 24—

(a) no portion of any bakery shall be underground, except that with the written consent of the council an underground room may be used as a store provided that no articles other than those specified in such written consent shall be stored therein;

(b) the floors shall be of smooth, impervious material;

(d) the doors of the bakehouse shall be self-closing and all doors and windows shall be provided with effective fly-screens;

(e) the opening of the oven furnace shall not be situated in any room or at any place where any foodstuffs are handled and shall be situated at least 1,83 metres from the nearest part of any door or window of the bakery;

(f) a dressing room shall be provided in which the overalls of the employees can be kept in a clean and sanitary condition and such room shall be separate from any place where utensils or foodstuffs are handled or stored.

27. Construction: butcheries and fishmongers’ shops

No person shall erect or occupy any butchery or fishmonger’s shop within the council area unless the following provisions have been complied with, in addition to the provisions of bye-law 25—

(a) no door or window opening in any room wherein butcher’s meat or fish is stored, handled or placed for sale shall be so placed as to be less than 3,05 metres from any latrine;

(b) the floors shall be of cement or concrete at least 7,62 centimetres in thickness and topped with granolithic or other impervious material at least 1,90 centimetres in thickness;

(d) cold rooms, compartments or cupboards shall be provided for the storage of meat or fish and such cold rooms, compartments or cupboards shall be operated constantly at a temperature of not more than 7,2 degrees centigrade.

28. Operation of bakeries

(1) Every person carrying on the trade of a baker in the council area shall—

(a) cause all inside walls and ceilings of his bakery to be kept in a clean and sanitary condition with three coats of either oil paint, washable distemper or an approved equivalent—

Provided that—

(i) where oil paint is used it shall be renewed at least once in every five years or as often as required by the council;

(ii) where washable distemper is used it shall be renewed at least once in every 12 months;

(iii) if any portion of the walls is tiled it shall be sufficient to wash such portion with hot water and soap to ensure adequate cleanliness;

(b) keep every part of his bakery and all vessels and utensils, carts and other vehicles, sacks, baskets and other receptacles used in connection with the preparation, conveyance and storage of bakery products in a clean and wholesome state;

(d) maintain a supply of soap and clean towels for the use of all persons employed in the bakery;

(e) take all practical measures to maintain his premises free from rodents, flies, cockroaches and other insects;

(f) provide means of protecting all bakery products, by glazed or fly-screened showcases or cabinets from contamination by dust, dirt or flies, while exposed for sale, or by means of closed or covered containers or vehicles when in the course of conveyance in any public thoroughfare;

(g) cause the floor of the bakehouse to be washed daily.

(2) Every baker shall mix all dough, batter or paste by means of approved mixing machines and shall not himself or by his servants mix such dough, batter or paste by hand or in any other way than in and by such mixing machines:

Provided that a baker may mix by hand any dough, batter or paste in a quantity not exceeding 4,536 kilograms in weight in a suitable mixing utensil for confectionery purposes.

(3) No bakery shall use or permit to be used soiled paper or soiled material of any description for the purpose of covering or wrapping bakery products.

29. Operation of butcheries and fishmongers’ shops

(1) No butcher or fishmonger shall keep or allow to be kept in, or allow to enter into his shop or any premises connected therewith, any live animal or bird:

Provided that poultry intended for slaughter and sale may be kept in such place as may be approved in writing by the council.

(2) Every person carrying on the trade of a butcher or fishmonger in the council area shall—

(a) keep every part of his shop in good order and repair and in a clean and sanitary condition;

(b) keep thoroughly clean all knives and other instruments and appurtenances, machinery and vehicles used in cutting or handling or moving butchers’ meat or fish;

(c) provide receptacles of galvanised iron or other non-absorbent material and with close-fitting covers for collecting and conveying from his shop all refuse;

(d) ensure that all persons employed in the shop or delivering butchers’ meat or fish are clean and dressed in clean overalls while so employed;

(e) maintain a supply of soap and clean towels for the use of all persons employed in the shop.

30. Personal cleanliness

(1) Every person employed in any premises where food is handled or offered for sale shall wash his hands with soap and water before commencing work.

(2) No person in any food premises shall expectorate or blow his nose except into a handkerchief or a tissue which he uses as a handkerchief and disposes of in a sanitary fashion.

(3) No person shall smoke in the mixing room, kneading room or baking room of any bakery, or in any place where such smoking is likely to defile foodstuffs deposited or exposed for sale.

31. Health of employees

No employer shall permit any person suffering from any infectious or contagious disease to be employed in or about any food premises and on the occurrence of any such disease amongst any of the persons employed or residing on such premises the employer shall immediately report such occurrence to the council.

32. Conveyance, handling, storage and sale of foodstuffs

(1) No person shall convey or deposit or cause to be conveyed or deposited or exposed for sale any foodstuffs in an unwholesome, unclean or offensive manner or in such a way as to be unnecessarily or improperly exposed to contamination and no person shall stand, sit or recline on any foodstuff which is being conveyed or has been deposited or is exposed for sale.

(2) All bakery products shall be covered in plastic or waxed paper before leaving the bakery premises for any purpose.

(3) No person shall load onto or transport in any vehicle any carcass if such vehicle contains blood, viscera, intestines or offal and no person shall convey any carcass unless it is completely covered with a clean covering.

(4) No person shall sell, expose for sale or deliver any butchers’ meat in the council area unless such meat has been obtained from a slaughterhouse or place approved in writing by the council.

(5) No person shall slaughter any animal for human consumption in the council area except at such slaughterhouse or approved place.

(6) All vehicles used for the conveyance of meat shall be constructed of or lined with an impervious substance and shall be maintained in good repair and provided with covering to protect the meat therein from contamination by dust or flies, and no person shall convey meat in a vehicle which does not comply with this sub-bye-law.

(7) All utensils, including trays, bins and other containers, and all knives, forks and other tools used for handling or storing foodstuffs shall be construed of stainless steel, galvanised sheet iron, plastic or other non-corrosive and non-staining material and no person shall handle or store any foodstuffs with tools or in containers which do not comply with this sub-bye-law.

(8) Any person who sells, exposes for sale or delivers fruit, vegetables, bakery products or other foodstuffs shall protect such foodstuffs from dust and flies.

(9) Persons loading or unloading meat shall wear clean protective clothing including overalls and headgear.

(10) No person shall sell, expose for sale or deliver any bakery products in the council area unless such bakery products have been obtained from a bakery approved in writing by the council.

(11) All foodstuffs shall be completely wrapped and no person who sells any foodstuffs shall deliver the same wrapped in a newspaper or in any soiled or previously used wrapping paper.

33. Canned food

No person shall sell, prepare, keep, transmit or expose for sale any meat, fish, fruit, vegetables, jam, condensed milk or any other article of food which is packed in a hermetically sealed tin or other airtight receptacle if such tin or receptable is—

(a) blown so that there is unnatural bulging of the flat or concave side or ends of the container or so that gas escapes on puncturing;

(b) extensively rusted;

(c) damaged so that it leaks or otherwise becomes unsealed or shows evidence of having been punctured and having had the puncture re-sealed.

PART VII
Miscellaneous (bye-laws 34-38)

34. Noise and nuisance

(1) No person shall—

(a) operate or cause or permit to be operated any wireless, loudspeaker, gramophone, amplifier or similar instrument to the annoyance of the occupants or inmates of any premises in the neighbourhood;

(b) operate any wireless, musical instrument, loudspeaker or other similar device for the purpose of advertising on or adjacent to any street without the prior consent of the council;

(c) continue to make any loud or unseemly noise or disturbance either by shouting, screaming or yelling or by blowing upon any horn or other instrument or by beating upon any drum or other instrument so as to annoy, disturb or interfere with the rest, peace or tranquillity of the inhabitants, after having been requested to desist by any member of the police or by any other person so annoyed, disturbed or inconvenienced;

(d) continue to ring any bell or sound any horn or blow any whistle or use any noisy instrument or shout in any market square, street, park or public place for the purpose of attracting customers, or hawk, sell or distribute any article or thing whatsoever to the annoyance, disturbance or inconvenience of any person who uses such market square, street, park or public place after having been requested to desist by any member of the police or the person so annoyed, disturbed or inconvenienced;

(e) between the hours of 5 p.m. and 7.30 a.m. carry on any business, trade or industry involving the use of machinery which by reason of the noise created by it is offensive or constitutes a nuisance or which disturbs the comfort or peace of the inhabitants of the council area nor shall any person use any such machinery on Sundays or such public holidays as are recognised in the relevant business, trade or industry.

(2) The provisions of paragraph (e) of sub-bye-law (1) shall not apply to the building or construction or to any ancillary operations connected with the erection of or alteration to any hotel or casino.

35. Collection for charity

(1) No collection of moneys or attempts to collect money shall take place within the council area without the prior written consent of the council.

(2) The council may in granting its consent to the collections of money impose such conditions as it deems fit.

36. Protection of common property

(1) No person shall cause any damage to any property to which the inhabitants of the council have a common right.

(2) Anyone convicted of such an offence may, in addition to any penalty imposed under bye-law 38, be ordered to pay compensation for such damage.

37. Barbed wire fences

No person shall use, or allow to be used, barbed wire for fencing any area or lot without the written permission of the council:

Provided that in the event of the refusal by the council to give permission as aforesaid an appeal shall lie to the Minister in accordance with the provisions of regulation 32(3) of the Town Council Regulations.

38. Offences and penalties

(a) on first conviction to a fine not exceeding P150 or, in default of payment thereof, to imprisonment for a term not exceeding three months, and

(b) on a second or subsequent conviction to a fine not exceeding P200, or, in default of payment thereof, to imprisonment for a term not exceeding six months.

(2) Any person who fails to comply with any of the provisions of bye-law 4, 5, 7, 10, 18, 21, 23, 28, 29, 30, 31, 32 or 33 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding P100, or, in default of payment thereof, to imprisonment for a term not exceeding three months.

(3) Any person who fails to comply with any of the provisions of bye-law 3(1), 8, 25, 26 or 27 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding P200 or, in default of payment thereof, to imprisonment for a term not exceeding six months.

FRANCISTOWN TOWN COUNCIL (GENERAL) BYE-LAWS

(under regulations 34 and 35)

(18th August, 1967)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Health and Sanitation

3. Latrine accommodation to be provided

4. Mosquitoes and pests

5. Prevention of accumulation of refuse

6. Refuse receptacles and removal

7. Swimming pools and fish ponds

8. Overcrowding

PART III
Livestock and Other Animals

9. Keeping of livestock

10. Troublesome or dangerous animals

11. Bees, pigeons and poultry

12. Disposal of carcasses

13. Powers of council

PART IV
Streets

14. Naming of streets

15. Numbering of houses

16. Hoardings

17. Bills, posters, placards or advertisements

18. Trees

PART V
Fire Control Measures

19. Accumulation of inflammable or combustible materials

20. Grass fences

21. Storing of inflammable, combustible or explosive substances

22. Burning of grass, refuse or rubbish

23. Fire-fighting appliances in public buildings

24. Attendance of fire brigade at fires

PART VI
Food Premises

25. Construction: general

26. Construction: bakeries

27. Construction: butcheries and fishmongers’ shops

28. Operation of bakeries

29. Operation of butcheries and fishmongers’ shops

30. Personal cleanliness

31. Health of employees

32. Conveyance, handling, storage and sale of foodstuffs

33. Canned food

PART VII
Miscellaneous

34. Noise and nuisance

35. Collection for charity

36. Protection of common property

37. Control of air guns and catapults

38. Offences and penalties

S.I. 41, 1967,
S.I. 80, 1968,
S.I. 18, 1970,
S.I. 6, 1971,
S.I. 64, 1973,
S.I. 100, 1976,
S.I. 22, 1997.

PART I
Preliminary (bye-laws 1-2)

1. Citation

These Bye-laws may be cited as the Francistown Town Council (General) Bye-Laws.

2. Interpretation

In these Bye-laws, unless the context otherwise requires—

“approved” means approved by the council or by any duly authorised officer of the council;

“baker” means any person who carries on the business of selling whether by wholesale or retail bakery products baked or made by him;

“bakery products” includes, bread, biscuits, rolls, tarts, cakes, pies, confectionery or sweetmeats;

“business premises” means any premises which are used or intended to be used as a place of trade or industry;

“butcher” means any person who sells or exposes for sale or supplies butcher’s meat for human consumption;

“butchery” means any premises used for the purpose of carrying on the business of a butcher;

“council” means the Francistown Town council;

“dwelling” means any house, room, shed, hut or any other structure or plan whatsoever, any portion whereof is used by any human being for sleeping in or in which any human being dwells;

“habitable room” means any room used or intended to be used as a sleeping, living or work room;

“latrine” means any building, erection or place adapted or constructed for the use of human beings for the purposes of defecation or urination;

“livestock” means any domestic bovine animal, goat, sheep, swine, horse, donkey or mule;

“occupier” means, in relation to any lot or premises—

(a) any person in actual occupation of such lot or premises and having charge or management thereof; or

(b) in the event of the lot or premises being occupied by anybody other than an employee of the person having charge or management thereof, any person having such charge or management;

“official” means any duly appointed official of the council;

“owner” means, in relation to—

(a) any animal, in addition to its ordinary meaning, any person having the charge, custody or control of any animal and the occupier of any premises where any animal is kept or permitted to remain;

“poultry” means any fowl, turkey, goose or duck;

“premises” means any building or part thereof, store, shop, tenement or other erection above or below the ground and the land used or occupied in connection therewith;

“slaughter house” includes any abattoir, slaughter pole or place set apart for slaughtering livestock, the meat of which is intended for sale;

“stable” includes a cowshed, stall, pen or sty;

“waste-water” means any discharge of a non-excremental nature from any waste-water fitment, gully trap, grease trap or laundry.

PART II
Health and Sanitation (bye-laws 3-8)

3. Latrine accommodation to be provided

(1) The owner of any premises within the council area shall—

(a) provide proper and sufficient latrine accommodation for all persons residing or employed thereon;

(b) provide a minimum of one latrine for every 15 persons.

(2) No person shall urinate or defecate in the council area elsewhere than in a latrine.

4. Mosquitoes and pests

Every owner and occupier of any lot or premises within the council area shall, in respect of such lot or premises—

(b) keep guttering and drainpipes in good repair and condition and shall not allow such guttering and drainpipe to be in such condition as to collect water and prevent it from readily flowing away;

(c) ensure that no tin, bottle or other refuse, or article capable of holding water is thrown out or allowed to remain on any such lot or premises;

(d) ensure that every receptable for the collection of slop water or household refuse is kept adequately covered;

(e) generally take adequate steps to prevent the breeding of mosquitoes or other pests.

5. Prevention of accumulation of refuse

(1) No person shall place, pour, throw or leave on any lot, premises, street or other public place, and no person shall permit to remain on any lot or premises under his control, or on any street or public place adjacent to such lot or premises within 10 metres of the boundary thereof, any refuse in such a place or in such a manner or for such a time as to endanger health, or to favour the breeding or harbouring of flies, mosquitoes or other insect pests, or to encourage rats or other vermin to frequent such lot, premises, street or other public place, or to become unsightly or a nuisance, or to be likely to interfere with the comfort of the inhabitants of the council area.

(2) The council may order any person who contravenes the provisions of sub-bye-law (1) to remove or dispose of any refuse which is the subject of the contravention in such a manner as it may specify and, should that person refuse, the council may remove or dispose of that refuse at that person’s expense and that expense shall be a debt recoverable in a court of law.

6. Refuse receptacles and removal

(1) Every occupier shall, within 21 days of the service upon him of a notice requiring him to do so, provide the required number of refuse receptacles of a nature approved by the council.

(2) Every occupier shall keep his refuse receptacles covered at all times except when refuse is being deposited therein or discharged therefrom.

(3) Every occupier shall keep his refuse receptacles and covers thereof reasonably clean and in good order and condition.

(4) The council shall perform refuse removal services throughout the council area as often as circumstances warrant and the fee charged will be as determined from time to time.

7. Swimming pools and fish ponds

Every person occupying premises on which is situated a swimming pool or fish pond shall take such precautions as may be required by the council to reduce the danger of death by drowning and to prevent the breeding of mosquitoes in such swimming pool or fish pond and shall ensure that the water contained therein is always fresh and free from unpleasant or insanitary matter.

8. Overcrowding

PART III
Livestock and Other Animals (bye-laws 9-13)

9. Keeping of livestock

(1) No person shall keep or graze any livestock within the council area without the written consent of the council.

10. Troublesome or dangerous animals

No person shall allow any wild, troublesome, ferocious or dangerous monkey, carnivorous wild animal or reptile to be at large off the premises on which such animal is normally kept.

11. Bees, pigeons, and poultry

No person shall keep any bees, pigeons or poultry so as to disturb the comfort of the inhabitants of the council area.

12. Disposal of carcasses

(1) Subject to the provisions of sub-bye-law (2), no person shall dispose of a carcass within the council area except in a place approved by the council.

(2) A person may bury within a lot under his control the carcass of any dog, cat or other small pet, provided that—

(a) the carcass shall be buried deep enough to prevent the escape of any offensive odour or the digging up of any carcass by scavengers, and prevent any hazard to health;

(b) if death was caused by an infectious disease, the advice of a medical practitioner or veterinary surgeon shall be obtained as to whether or not burial may take place;

(c) if the place where the carcass is buried is marked as a grave, such mark must be shielded from view so as not to offend such other persons’ religious or other susceptibilities.

(3) The council may give such directions as may be necessary to secure compliance with the provisions of sub-bye-law (2).

13. Powers of council

PART IV
Streets (bye-laws 14-18)

14. Naming of streets

(1) The council may name or alter the name of any street.

(2) The council may from time to time, at its own expense, paint upon or affix to any building or erect in any street, the name of such street.

15. Numbering of houses

16. Hoardings

(1) Subject to the provisions of sub-bye-law (3), this bye-law shall not apply to hoardings which form a temporary part of any building operation or which may be put up as a temporary measure to shield any works in progress or to protect the public from any hazard arising or which may arise from work in progress, or to any hoarding erected on privately-owned premises for the purpose of advertising the said premises for sale.

(2) No hoarding shall be erected within the council area without the written consent of the council.

(3) The council may direct any person erecting or who has erected a hoarding to remove or reposition such hoarding and may withhold its consent to the erection of a hoarding if it considers that the proposed hoarding—

(a) will obstruct the view of road users in a manner inconsistent with the smooth flow of traffic, vehicular or otherwise;

(b) is objectionable in substance, presentation or scale;

(c) will spoil the appearance of any improved or developed area set aside for industrial development, or any beauty-spot, park or recreational area; or

(d) will be offensive to any occupier of residential premises adjacent to or looking upon the site of the proposed hoarding.

(4) The council may charge fees for permission to erect and maintain hoardings on any street or other public place within the council area.

(5) The council may erect hoardings and permit the use thereof and of any walls or other suitable fixtures being the property of the council by any person to display any bill, poster, placard or advertisement and may charge fees for such use.

(7) The council may remove a hoarding, at the expense of the person who erected the hoarding, such expense being recoverable as a civil debt in a court of law, if that person—

(a) erects a hoarding in contravention of this bye-law;

(b) refuses to remove a hoarding within a reasonable time when required to do so by the council; or

17. Bills, posters, placards or advertisements

(1) No bill, poster, placard or advertisement shall be displayed within the council area without the written consent of the council.

(3) The council may stipulate the time within which bills, posters, placards or advertisements shall be removed.

(4) Nothing contained in sub-bye-law (1) shall prevent any person holding a licence to trade in the council area from erecting any bills, posters, placards or advertisements on or within the building to which his licence applies, provided that the council does not object to the nature and substance of such bills, posters, placards or advertisement.

(5) Any bill, poster, placard or advertisement which has been erected in the council area without the council’s consent or to which the council objects may be removed by the council.

18. Trees

No person shall fell or damage any tree or shrub in any street or public place except with the written consent of the council.

PART V
Fire Control Measures (bye-laws 19-24)

19. Accumulation of inflammable or combustible materials

(2) Where, in the opinion of the council, an owner or occupier has allowed the accumulation or deposit of straw, wood, paper or other inflammable or combustible material on his property, the council may, by notice in writing to such owner or occupier, order him to remove such accumulation within a period of not less than three days, which period shall be stipulated in such notice, and it shall thereupon be the duty of the owner or occupier to do so.

20. Grass fences

21. Storing of inflammable, combustible or explosive substances

(1) Except with the written permission of the council, no person shall store any inflammable, combustible or explosive substance on any property:

Provided that—

(ii) the provisions of this bye-law shall not apply to—

(a) liquor which a person may store at his place of residence or at his place of business;

(b) petrol, paraffin, methylated spirits, oil or other such inflammable substance which is stored at a garage, service station or petrol filling station.

(2) In granting permission in terms of sub-bye-law (1) the council may impose such conditions as it deems necessary.

22. Burning of grass, refuse or rubbish

(1) No person shall burn or set fire to any grass, refuse, rubbish or other material on any private property unless—

(a) he is the owner or occupier of the property or has the permission of the owner or occupier thereof;

(b) he takes all reasonable precautions to avoid any annoyance to owners or occupiers of adjoining properties and to prevent the fire spreading to such adjoining properties; and

(2) No person, other than an employee of the council, shall burn or set fire to any grass, refuse, rubbish or other material on any street, or public open space.

23. Fire-fighting appliances in public buildings

(1) The owner of any hall, shop, offices or other building to which the public has access shall, if required by the council, provide such building with portable fire extinguishers at the rate of one extinguisher for every 232,25 square metres or part thereof.

24. Attendance of fire brigade at fires

(2) In exercising his powers in terms of sub-bye-law (1), the officer in charge of the fire brigade party—

(b) shall have the right of access to any hydrant, pipe, cistern, borehole or other water supply and shall be entitled to draw water from such points of supply;

(c) may himself, or through any person under his control, divert, stop or regulate traffic in the vicinity of the fire; and

(d) may temporarily close any street, passage, thoroughfare or greenway in the vicinity of the fire.

PART VI
Food Premises (bye-laws 25-33)

25. Construction: general

(1) No person shall erect or occupy any food premises within the council area unless the following provisions have been complied with—

(a) the premises shall be constructed of brick, concrete or other approved material;

(i) of concrete; or

(ii) of wood ventilated to prevent dryrot and rendered impervious to rodents;

(d) the height of the walls from floor to ceiling shall be not less than 3,05 metres;

(e) the premises shall be provided with a dustproof ceiling;

(f) every room shall be lighted and ventilated by a window or windows of an area not less than one-tenth of the floor area and capable of being opened to at least one-twentieth of the floor area of such room, alternatively an approved system of forced ventilation or air conditioning shall be provided;

(2) No food premises shall be used for sleeping accommodation and no portion of such premises shall communicate by door, window or otherwise with any sleeping or living room.

26. Construction: bakeries

No person shall erect or occupy any bakery within the council area unless the following provisions have been complied with in addition to the provisions of bye-law 25—

(b) the floors shall be of smooth, impervious material;

(d) the doors of the bakehouse shall be self-closing and all doors and windows shall be provided with effective fly-screens;

27. Construction: butcheries and fishmongers’ shops

No person shall erect or occupy any butchery or fishmonger’s shop within the council area unless the following provisions have been complied with, in addition to the provisions of bye-law 25—

(a) no door or window opening in any room wherein butcher’s meat or fish is stored, handled or placed for sale shall be so placed as to be less than 3,05 metres from any latrine;

(b) the floors shall be of cement or concrete at least 7,62 centimetres in thickness and topped with granolithic or other impervious material at least 1,90 centimetres in thickness;

28. Operation of bakeries

(1) Every person carrying on the trade of a baker in the council area shall—

(a) cause all inside walls and ceilings of his bakery to be kept in a clean and sanitary condition with three coats of either oil paint, washable distemper or an approved equivalent:

Provided that—

(i) where oil paint is used it shall be renewed at least once in every five years or as often as required by the council;

(ii) where washable distemper is used it shall be renewed at least once in every 12 months;

(iii) if any portion of the walls is tiled it shall be sufficient to wash such portion with hot water and soap to ensure adequate cleanliness;

(d) maintain a supply of soap and clean towels for the use of all persons employed in the bakery;

(e) take all practical measures to maintain his premises free from rodents, flies, cockroaches and other insects;

(g) cause the floor of the bakehouse to be washed daily.

Provided that a baker may mix by hand any dough, batter or paste in a quantity not exceeding 4,56 kilograms in weight in a suitable mixing utensil for confectionery purposes.

(3) No bakery shall use or permit to be used soiled paper or soiled material of any description for the purpose of covering or wrapping bakery products.

29. Operation of butcheries and fishmongers’ shops

(1) No butcher or fishmonger shall keep or allow to be kept in, or allow to enter into his shop or any premises connected therewith, any live animal or bird:

Provided that poultry intended for slaughter and sale may be kept in such place as may be approved in writing by the council.

(2) Every person carrying on the trade of a butcher or fishmonger in the council area shall—

(a) keep every part of his shop in good order and repair and in a clean and sanitary condition;

(b) keep thoroughly clean all knives and other instruments and appurtenances, machinery and vehicles used in cutting or handling or moving butchers’ meat or fish;

(c) provide receptacles of galvanised iron or other non-absorbent material with close-fitting covers for collecting and conveying from his shop all refuse;

(d) ensure that all persons employed in the shop or delivering butchers’ meat or fish are clean and dressed in clean overalls while so employed;

(e) maintain a supply of soap and clean towels for the use of all persons employed in the shop.

30. Personal cleanliness

(1) Every person employed in any premises where food is handled or offered for sale shall wash his hands with soap and water before commencing work.

(2) No person in any food premises shall expectorate or blow his nose except into a handkerchief or a tissue which he uses as a handkerchief and disposes of in a sanitary fashion.

(3) No person shall smoke in the mixing room, kneading room or baking room of any bakery, or in any place where such smoking is likely to defile foodstuffs deposited or exposed for sale.

31. Health of employees

32. Conveyance, handling, storage and sale of foodstuffs

(1) No person shall convey or deposit or cause to be conveyed or deposited or exposed for sale any foodstuffs in an unwholesome, unclear or offensive manner or in such a way as to be unnecessarily or improperly exposed to contamination and no person shall stand, sit or recline on any foodstuff which is being conveyed or has been deposited or is exposed for sale.

(2) No person shall load onto or transport in any vehicle any carcass if such vehicle contains blood, viscera, intestines or offal and no person shall convey any carcass unless it is completely covered with a clean covering.

(3) No person shall sell, expose for sale or deliver any butcher’s meat in the council area unless such meat has been obtained from a slaughter-house or place approved in writing by the council.

(4) No person shall slaughter any animal for human consumption in the council area except at such slaughter-house or approved place.

(5) All vehicles used for the conveyance of meat shall be constructed of or lined with an impervious substance and shall be maintained in good repair and provided with covering to protect the meat therein from contamination by dust or flies, and no person shall convey meat in a vehicle which does not comply with this sub-bye-law.

(6) All utensils, including trays, bins and other containers, and all knives, forks and other tools used for handling or storing foodstuffs shall be constructed of stainless steel, galvanised sheet iron, plastic or other non-corrosive and non-staining material and no person shall handle or store any foodstuffs with tools or in containers which do not comply with this sub-bye-law.

(7) Any person who sells, exposes for sale or delivers fruit, vegetables, bakery products or other foodstuffs shall protect such foodstuffs from dust and flies.

(8) Any person loading or unloading meat shall wear clean protective clothing including overalls and headgear.

(9) No person shall sell, expose for sale or deliver any bakery products in the council area unless such bakery products have been obtained from a bakery approved in writing by the council.

(10) All bakery products shall be covered in plastic or waxed paper before leaving the bakery premises for the purpose of human consumption.

(11) All foodstuffs shall be completely wrapped and no person who sells any foodstuffs shall deliver the same wrapped in a newspaper or in any soiled or previously used wrapping paper.

33. Canned food

No person shall sell, prepare, keep, transmit or expose for sale any meat, fish, fruit, vegetable, jam, condensed milk or any other article of food which is packed in a hermetically sealed tin or other airtight receptacle if such tin or receptable is—

(a) blown so that there is unnatural building of the flat or concave side or ends of the container or so that gas escapes on puncturing;

(b) extensively rusted;

(c) damaged so that it leaks or otherwise becomes unsealed or shows evidence of having been punctured and having had the puncture re-sealed.

PART VII
Miscellaneous (bye-laws 34-38)

34. Noise and nuisance

No person shall—

(a) operate or cause or permit to be operated any wireless, loudspeaker, gramophone, amplifier or similar instrument to the annoyance of the occupants or inmates of any premises in the neighbourhood, or which any authorised council officer or police officer of or above the rank of sergeant considers to be causing annoyance or unnecessary noise in any part of the council area;

(b) operate any wireless, musical instrument, loudspeaker or other similar device for the purpose of advertising on or adjacent to any street without the prior consent of the council in writing and subject to such conditions as the council may impose;

(c) continue to make any loud or unseemly noise or disturbance either by shouting, screaming or yelling or by blowing upon any horn or other instrument or by beating upon any drum or other instrument so as to annoy, disturb or interfere with the rest, peace or tranquillity of the inhabitants, after having been requested to desist by any member of the police force or by any other person so annoyed, disturbed or inconvenienced;

(d) continue to ring any bell or sound any horn or blow any whistle or use any noisy instrument or shout in any market square, street, park or public place for the purpose of attracting customers, or hawk, sell or distribute any article or thing whatsoever to the annoyance, disturbance or inconvenience of any person who uses such market square, street, park or public place after having been requested to desist by any member of the police force or the person so annoyed, disturbed or inconvenienced;

35. Collection for charity

(1) No collection of moneys or attempt to collect money shall take place within the council area without the prior written consent of the council.

(2) The council may in granting its consent to the collection of money impose such conditions as it deems fit.

36. Protection of common property

(1) No person shall cause any damage to any property to which the inhabitants of the council area have a common right.

(2) Anyone convicted of such an offence may, in addition to any penalty imposed under bye-law 38, be ordered to pay compensation for such damage.

37. Control of air guns and catapults

(1) No person shall carry or discharge any air rifle, or pistol or catapult in any street or public place.

(2) No person shall discharge any air rifle, or pistol or catapult otherwise than in a street or public place in a manner whereby the projectile so discharged travels into or across, or would be likely to travel into or across, any street or public place.

38. Offences and penalties

(1) Any person who obstructs or hinders the Council in the exercise of its duties under the provisions of these Bye-Laws or who fails to comply with any of the provisions of bye-law 3(2), 9(1), 11, 16, 17, 19, 20, 22, 34 or 36 shall be guilty of an offence and shall be liable—

(a) on first conviction to a fine not exceeding P150 or, in default of payment thereof, to imprisonment for a term not exceeding three months; and

(b) on a second or subsequent conviction to a fine not exceeding P200 or in default of payment thereof for a term not exceeding six months.

(3) Any person who fails to comply with any of the provisions of bye-law 3(1), 8, 25, 26 or 27 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding P200, or, in default of payment thereof, to imprisonment for a term not exceeding six months.

LOBATSE TOWN COUNCIL (GENERAL) BYE-LAWS

(under regulations 34 and 35)

(15th September, 1967)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

PART I
Preliminary

1. Citation

2. Interpretation

PART II
Health and Sanitation

3. Latrine accommodation to be provided

4. Mosquitoes and pests

5. Prevention of accumulation of refuse

6. Swimming pools and fish ponds

7. Overcrowding

PART III
Livestock and Other Animals

8. Keeping of livestock

9. Troublesome or dangerous animals

10. Bees, pigeons and poultry

11. Powers of the council

PART IV
Streets

12. Naming of streets

13. Numbering of houses

14. Hoardings

15. Bills, posters, placards or advertisements

16. Trees

PART V
Fire Control Measures

17. Accumulation of inflammable or combustible materials

18. Grass fences

19. Storing of inflammable, combustible or explosive substances

20. Burning of grass, refuse or rubbish

21. Fire-fighting appliances in public buildings

22. Attendance of fire brigade at fires

PART VI
Food Premises

23. Construction: general

24. Construction: bakeries

25. Construction: butcheries and fishmongers’ shops

26. Operation of bakeries

27. Operation of butcheries and fishmongers’ shops

28. Personal cleanliness

29. Health of employees

30. Conveyance, handling, storage and sale of foodstuffs

31. Canned food

PART VII
Miscellaneous

32. Noise and nuisance

33. Collection for charity

34. Protection of common property

35. Control of air guns and catapults

36. Offences and penalties

S.I. 47, 1967,
S.I. 44, 1968,
S.I. 40, 2005,
S.I. 34, 2014.

PART I
Preliminary (bye-laws 1-2)

1. Citation

These Bye-laws may be cited as the Lobatse Town Council (General) Bye-laws.

2. Interpretation

In these Bye-laws, unless the context otherwise requires—

“approved” means approved by the council or by any duly authorised officer of the council;

“baker” means any person who carries on the business of selling whether by wholesale or retail, bakery products baked or made by him;

“bakery products” includes bread, biscuits, rolls, tarts, cakes, pies, confectionery or sweetmeats;

“business premises” means any premises which are used or intended to be used as a place of trade or industry;

“butcher” means any person who sells or exposes for sale or supplies butcher’s meat for human consumption;

“butchery” means any premises used for the purpose of carrying on the business of a butcher;

“council” means the Lobatse Town Council;

“dwelling” means any house, room, shed, hut or any other structure or plan whatsoever, any portion whereof is used by any human being for sleeping in or in which any human being dwells;

“habitable room” means any room used or intended to be used as a sleeping, living or work room;

“latrine” means any building, erection or place adapted or constructed for the use of human beings for the purposes of defecation or urination;

“livestock” means any domestic bovine animal, goat, sheep, swine, horse, donkey or mule;

“occupier” means, in relation to any lot or premises—

(a) any person in actual occupation of such lot or premises and having charge or management thereof; or

(b) in the event of the lot or premises being occupied by anybody other than an employee of the person having charge or management thereof, any person having such charge or management;

“official” means any duly appointed official of the council;

“owner” means, in relation to—

(a) any animal, in addition to its ordinary meaning, any person having the charge, custody or control of any animal and the occupier of any premises where any animal is kept or permitted to remain;

“poultry” means any fowl, turkey, goose or duck;

“premises” means any building or part thereof, store, shop, tenement or other erection above or below the ground and the land used or occupied in connection therewith;

“slaughter house” includes any abattoir, slaughter pole or place set apart for slaughtering livestock, the meat of which is intended for sale;

“stable” includes a cowshed, stall, pen or sty;

“street” means any street, square, road, lane, footpath, pavement, thoroughfare or public place extending in width from the boundary of any lot or area of land and, includes any work or thing forming part of or connected with such street;

“waste-water” means any discharge of a non-excremental nature from any waste-water fitment, gully trap, grease trap or laundry;

PART II
Health and Sanitation (bye-laws 3-7)

3. Latrine accommodation to be provided

(1) The owner of any premises within the council area shall—

(a) provide proper and sufficient latrine accommodation for all persons residing or employed thereon;

(b) provide a minimum of one latrine for every 15 persons.

(2) No person shall defecate or urinate in the council area elsewhere than in a latrine.

4. Mosquitoes and pests

Every owner and occupier of any lot or premises within the council area shall, in respect of such lot or premises—

(b) keep guttering and drainpipes in good repair and condition and shall not allow such guttering and drainpipe to be in such condition as to collect water and prevent it from readily flowing away;

(c) ensure that no tin, bottle or other refuse, or article capable of holding water is thrown out or allowed to remain on any such lot or premises;

(d) ensure that every receptacle for the collection of slop water or household refuse is kept adequately covered;

(e) generally take adequate steps to prevent the breeding of mosquitoes or other pests.

5. Prevention of accumulation of refuse

No person shall place, pour, throw, leave or permit to remain on any lot or premises any refuse, excreta, night soil, filth, slops, exhaust water, waste liquid yard flushing, stable litter, rubbish, garden refuse, dirt or other offensive matter or any dead animal, broken crockery, glass or tins in such place or in such manner or for such time as to endanger health, or to favour the breeding or harbouring of flies or mosquitoes, or to encourage rats or other vermin to frequent such land or premises, or to cause any nuisance or to be likely to interfere with the comfort of the inhabitants of the council area.

6. Swimming pools and fish ponds

7. Overcrowding

PART III
Livestock and Other Animals (bye-laws 8-11)

8. Keeping of livestock

(1) No person shall keep or graze any livestock in the council area.

(2) Unless authorised to do so by the Council, no person shall use any stable or site in the council area.

(3) Any person who fails to comply with bye-law 8 commits an offence and is liable—

(a) in the case of an offence against sub-bye-law (1), to a fine of P2,000, or in default of payment thereof, to imprisonment for a term not exceeding six months; and

(b) in the case of an offence against sub-bye-law (2), to a fine of P2,000, or in default of payment thereof, to imprisonment for a term not exceeding three months.

9. Troublesome or dangerous animals

No person shall allow any wild, troublesome, ferocious or dangerous monkey, carnivorous wild animal or reptile to be at large off the premises on which such animal is normally kept.

10. Bees, pigeons, and poultry

No person shall keep any bees, pigeons or poultry so as to disturb the comfort of the inhabitants of the council area.

11. Powers of the council

PART IV
Streets (bye-laws 12-16)

12. Naming of streets

(1) The council may name or alter the name of any street.

(2) The council may from time to time, at its own expense, paint upon or affix to any building or erect in any street, the name of such street.

13. Numbering of houses

14. Hoardings

(1) No hoardings shall be erected within the council area except with the written consent of the council.

(2) The council shall withhold its consent only if it considers the hoardings to be a distraction to motorists or objectionable in substance, presentation or scale.

15. Bills, posters, placards or advertisements

(1) No bill, poster, placard or advertisement shall be displayed within the council area without the written consent of the council.

(2) The council shall withhold its consent only if it considers the display of the bill, poster, placard or advertisement to be a distraction to motorists, or objectionable in substance, presentation or scale.

(3) The council may stipulate the time within which bills, posters, placards or advertisements shall be removed.

Provided that the council does not object to the nature and substance of such bills, posters, placards or advertisement.

(5) Any bill, poster, placard or advertisement which has been erected in the council area without the council’s consent or to which the council objects may be removed by the council.

16. Trees

No person shall fell or damage any tree or shrub in any street or public place except with the written consent of the council.

PART V
Fire Control Measures (bye-laws 17-22)

17. Accumulation of inflammable or combustible materials

18. Grass fences

19. Storing of inflammable, combustible or explosive substances

(1) Except with the written permission of the council, no person shall store any inflammable, combustible or explosive substance on any property:

Provided that—

(ii) the provisions of this bye-law shall not apply to—

(a) liquor which a person may store at his place of residence or at his place of business;

(b) petrol, paraffin, methylated spirits, oil or other such inflammable substance which is stored at a garage, service station or petrol filling station.

(2) In granting permission in terms of sub-bye-law (1) the council may impose such conditions as it deems necessary.

20. Burning of grass, refuse or rubbish

(1) No person shall burn or set fire to any grass, refuse, rubbish or other material on any private property unless—

(a) he is the owner or occupier of the property or has the permission of the owner or occupier thereof;

(b) he takes all reasonable precautions to avoid any annoyance to owners or occupiers of adjoining properties and to prevent the fire spreading to such adjoining properties; and

(2) No person, other than an employee of the council, shall burn or set fire to any grass, refuse, rubbish or other material on any street, or public open space.

21. Fire-fighting appliances in public buildings

(1) The owner of any hall, shop, offices or other building to which the public has access shall, if required by the council, provide such building with portable fire extinguishers at the rate of one extinguisher for every 232,25 square metres or part thereof.

22. Attendance of fire brigade at fires

(2) In exercising his powers in terms of sub-bye-law (1), the officer in charge of the fire brigade party—

(b) shall have the right of access to any hydrant, pipe, cistern, borehole or other water supply and shall be entitled to draw water from such points of supply;

(c) may himself, or through any person under his control, divert, stop or regulate traffic in the vicinity of the fire; and

(d) may temporarily close any street, passage, thoroughfare or greenway in the vicinity of the fire.

PART VI
Food Premises (bye-laws 23-31)

23. Construction: general

(1) No person shall erect or occupy any food premises within the council area unless the following provisions have been complied with—

(a) the premises shall be constructed of brick, concrete or other approved material;

(i) of concrete; or

(ii) of wood ventilated to prevent dryrot and rendered impervious to rodents;

(d) the height of the walls from floor to ceiling shall be not less than 3,05 metres;

(e) the premises shall be provided with a dustproof ceiling;

(g) the premises shall be provided with a supply of clear hot and cold water and washing facilities to enable employees to keep clean and washing up facilities to enable all utensils, storage facilities, linen and protective clothing to be kept clean.

(2) No food premises shall be used for sleeping accommodation and no portion of such premises shall communicate by door, window or otherwise with any sleeping or living room.

24. Construction: bakeries

No person shall erect or occupy any bakery within the council area unless the following provisions have been complied with in addition to the provisions of bye-law 23—

(b) the floors shall be of smooth, impervious material;

(d) the doors of the bakehouse shall be self-closing and all doors and windows shall be provided with effective fly-screens;

25. Construction: butcheries and fishmongers’ shops

No person shall erect or occupy any butchery or fishmongers’ shop within the council area unless the following provisions have been complied with, in addition to the provisions of bye-law 23—

(a) no door or window opening in any room wherein butcher’s meat or fish is stored, handled or placed for sale shall be so placed as to be less than 3,05 metres from any latrine;

(b) the floors shall be of cement or concrete at least 7,62 centimetres in thickness and topped with granolithic or other impervious material at least 1,90 centimetres in thickness;

26. Operation of bakeries

(1) Every person carrying on the trade of a baker in the council area shall—

(a) cause all inside walls and ceilings of his bakery to be kept in a clean and sanitary condition with three coats of either oil paint, washable distemper or an approved equivalent:

Provided that—

(i) where oil paint is used it shall be renewed at least once in every five years or as often as required by the council;

(ii) where washable distemper is used it shall be renewed at least once in every 12 months;

(iii) if any portion of the walls is tiled it shall be sufficient to wash such portion with hot water and soap to ensure adequate cleanliness;

(b) keep every part of his bakery and all vessels and utensils carts and other vehicles, sacks, baskets and other receptacles used in connection with the preparation, conveyance and storage of bakery products in a clean and wholesome state;