TRIBAL LAND: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Establishment of Subordinate Land Boards Order
Tribal Land (Establishment of Land Tribunals) Order
Tribal Land (Land Board Service ) Regulations
Tribal Land (Subordinate Land Boards) Regulations
ESTABLISHMENT OF SUBORDINATE LAND BOARDS ORDER
(section 19)
(15th June, 1973)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Establishment
3. Area of jurisdiction
4. Functions
SCHEDULE
S.I. 47, 1973,
S.I. 3, 1979,
S.I. 125, 1979,
S.I. 132, 1980,
S.I. 78, 1981,
S.I. 81, 1981,
S.I. 110, 1981,
S.I. 68, 1982,
S.I. 5, 1984,
S.I. 92, 1984,
S.I. 36, 1986,
S.I. 55, 1987,
S.I. 97, 1989,
S.I. 45, 1992,
S.I. 66, 1994,
S.I. 53, 2002,
S.I. 7, 2005,
S.I. 13, 2005
S.I. 16, 2011,
S.I. 85, 2012,
S.I. 98, 2012,
S.I. 36, 2013.
This Order may be cited as the Establishment of Subordinate Land Boards Order.
The subordinate land boards referred to in the second column of the Schedule hereto are established as the subordinate land boards within the district named in the first column of the said Schedule.
The area of jurisdiction in respect of which each subordinate Land Board will perform its functions shall be the area or villages stated in relation to each subordinate land board in the third column of the Schedule.
(1) The functions under customary law which vest in the subordinate land authority which are transferred to the subordinate land board shall include the hearing, grant or refusal of applications to use land for—
(a) building residences or extensions thereto;
(b) ploughing to a maximum extent of land determined by the tribal land board;
(c) grazing cattle or other stock; or
(d) communal uses in the village.
(2) Subordinate land boards shall receive and determine applications for boreholes in their areas.
(3) Subordinate land boards shall hear and adjudicate upon disputes concerning customary land grants or rights within their area of jurisdiction.
(4) Subordinate land boards shall receive and determine applications for common law grants of land.
SCHEDULE
|
Bakgatla Tribal Territory |
Artesia Subordinate |
Artesia, Dikgonnye, Kgomodiatshaba, |
|
|
Mathubudukwane Subordinate Land |
Malolwane, Mathubudukwane, Ramonaka, Sikwane |
|
|
Mochudi Subordinate Land Board |
Malotwane, Mochudi, |
|
|
Oodi Subordinate Land Board |
Bokaa, Dikwididi, |
|
Bakwena Tribal Territory |
Lentswe-le-tau |
Botlhapatlou-northwest of Hatsalatladi, Gakuto-west of Mmopane, Hatsalatladi, Kopong-north of Mmopane, Lentsweletau, Mahetlwe, Medie |
|
|
Lephephe Subordinate Land Board |
Lephephe, Sojwe |
|
|
Letlhakeng Subordinate Land Board |
Khudumelapye, Letlhakeng, Maboane, Moshaweng, Salajwe, Takatokwane |
|
|
Mogoditshane Subordinate Land Board |
Mogoditshane, Gabane, Mmopane, Nkoyaphiri, Mmokolodi, Kgaphamadi, Tlhape, Gaphatshwe, Dumadumana, Go-nku, Metsimotlhabe, Fikeng, Senamakola, Tloaneng, Phiriyabokwete, Tlhwane, Lelotong, Mosusu, Diphiri, Letlhajweng |
|
|
Molepolole Subordinate Land Board |
Molepolole |
|
|
Motokwe Subordinate Land Board |
Dutlwe, Motokwe, Tsetseng |
|
|
Thamaga Subordinate Land Board |
Kumakwane, Mmankgodi, Thamaga |
|
Bangwaketse Tribal Territory |
Kanye Subordinate Land Board |
Kanye, Moshaneng |
|
|
Mabutsane Subordinate Land Board |
Khakhea, Mabutsane, Morwamosu, Sekoma |
|
|
Maokane Subordinate |
Betesankwe, Gasita, Kadue, Lefoko, Maokane, Mokhomma, Naledi, Samane, Seherelela, Selokolela, Sese, Sesung, Thankane |
|
|
Mmathethe Subordinate Land Board |
Digawana, Gamojela, Magoriapitse, Mmathethe, Mokgomane |
|
|
Moshupa Subordinate Land Board |
Kgomokasitwa, Lekgolobotlo, Manyana, Moshupa, Ntlhantlhe, Ranaka |
|
|
Phitshane-Molopo Subordinate Land Board |
Loporung, Mabule, Mmakgori, Phitshane-Molopo, Tshidilamolomo |
|
|
|
|
|
Bamangwato Tribal Territory |
Bobonong Subordinate Land Board |
Bobonong, Kobojango, Mathathane, Molalatau, Semolale, Tsetsebjwe |
|
|
Letlhakane Subordinate Land Board |
Letlhakane, Makoba, Mmatshumo, Mosu, Thalemabele |
|
|
Mahalapye Subordinate Land Board |
Bonwapitse, Dibete, Dovedale, Kudumatse, Makwate, Mahalapye, Mmaphashalala, Mookane, Palla Road, Radisele, Taupswe, Tewane |
|
|
Marapong Subordinate Land Board |
Chadibe, Dukwi, Kutamogoree, Marapong, Marobela, Mathangwane, Mmea, Nshakashogwe, Sebina, Semitwe |
|
|
Maunatlala Subordinate Land Board |
Kgagodi, Maunatlala, Mogapinyana, Tamasane |
|
|
Mmadinare Subordinate Land Board |
Mmadinare, Sefhophe, Serule, Tobane |
|
|
Nata Subordinate Land Board |
Gweta, Nata |
|
|
Palapye Subordinate Land Board |
Lecheng, Lerala, |
|
|
Rakops Subordinate Land Board |
Xhumaga, |
|
|
Sefhare Subordinate Land Board |
Chadibe, Maape, |
|
|
Serowe Subordinate Land Board |
Mabeleapudi, |
|
|
Shoshong Subordinate Land Board |
Kalamare, |
|
|
Tonota Subordinate Land Board |
Borolong, Borotsi, Foley, |
|
|
Tutume Subordinate Land Board |
Maitengwe, |
|
|
|
|
|
Batawana Tribal Territory |
Gomare Subordinate Land Board |
Gomare |
|
|
Maun Subordinate Land Board |
Makalamabedi, |
|
|
Nokaneng Subordinate Land Board |
Danega, Haba, |
|
|
Sehitwa Subordinate Land Board |
Sehitwa, Toteng, |
|
|
Seronga Subordinate Land Board |
Kauxwi, Mogotlho, Mohembo East, Ngarange, Seronga, Xaxao |
|
|
Shakawe Subordinate Land Board |
Sepopa, Shakawe |
|
Ghanzi Tribal Area (as defined in the Fifth Schedule to the Act) |
Charles Hill Subordinate Land Board |
Charles Hill, Makunda (including Dryhoek and Tjwavango), |
|
|
|
|
|
Kgalagadi Tribal Area (as defined in the Fourth Schedule to the Act) |
Hukuntsi Subordinate Land Board |
Hukuntsi, Kang, Lehututu, Lokgwabe, Tshane |
|
|
Tshabong Subordinate Land Board |
Bogobogobo, |
TRIBAL LAND (SUBORDINATE LAND BOARDS) REGULATIONS
(section 37)
(15th June, 1973)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Application
PART II
Subordinate Land Board
3. Election or appointment of members of subordinate land boards
4. Composition of Subordinate Land Boards
5. Co-option
6. Vacation of office
7. Procedure of subordinate land boards
8. Chairmen of boards
9. Clerk of board
PART III
Grant of Customary Land Rights
10. Application for customary land rights
11. Procedure on receipt of application
12. Procedure before grant of customary land rights is made
13. Decision of board to be communicated
14. Demarcation of land over which customary rights are granted
15. Certificate of grant of customary land rights
16. Appeals against decisions of subordinate land boards
16A. Cancellation of customary land rights for failure to develop land
17. Cancellation of customary land rights
Schedule – Certificate of Customary Land Grant
S.I. 48, 1973,
S.I. 62, 1973,
S.I. 93, 1984,
S.I. 97, 1989,
S.I. 65, 1994,
S.I. 90, 1999,
S.I. 24, 2005
S.I. 17, 2011,
S.I. 92, 2023.
PART I
Preliminary (regs 1-2)
These Regulations may be cited as the Tribal Land (Subordinate Land Boards) Regulations.
(1) These Regulations shall apply to all subordinate land boards established under section 19 of the Act.
(2) In any matter not expressly provided for in these Regulations the Tribal Land Regulations shall, mutatis mutandis, apply.
PART II
Subordinate Land Board (regs 3-9)
3. Election or appointment of members of subordinate land boards
(1) The provisions of subsections (3) and (4) of section 3 of the Tribal Land Act shall apply to members of a subordinate land board as they apply to members of land boards.
(2) The membership of a subordinate land board shall be—
(a) six members, appointed in accordance with the procedure described in this regulation, who shall hold office for three years and be eligible for re-appointment;
(b) any member, appointed to replace a member referred to in paragraph (a) whose office has become vacant, who may hold office for the unexpired period of the original incumbent’s term, and be eligible for re-appointment; and
(c) Kgosi or Moemela Kgosi.
(3) Any member, appointed under subregulation (2)(a) of this regulation, shall be appointed from the names, kept in the Ministry in terms of regulation 2(9)(a) of the Tribal Land Regulations (Cap. 32:02 (Sub. Leg.)), of shortlisted candidates for that subordinate land board area.
(4) From the shortlisted candidates, referred to in subregulation (3), the Land Board Selection Committee (established in terms of regulation 2(11) of the Tribal Land Regulations (Cap. 32:02 (Sub. Leg.))) shall select the most eligible members, from whom the Minister shall make appointments to the subordinate land board, and in doing so shall endeavour to ensure that, so far as possible, all relevant parts of the subordinate land board area are represented on the subordinate land board.
(4A) Notwithstanding subregulation (4), the Minister may appoint to a subordinate land board, two persons who are not in the list of eligible candidates selected under subregulation (4), to form part of the six members appointed under subregulation (2)(a).
(5) In making appointments the qualifications and experience of the candidate shall be taken into consideration.
(1) If any member of a subordinate land board, other than an ex-officio member, is temporarily unable to exercise the functions of his office, whether by reason of illness, absence or other cause, the person or authority who appointed or elected such member may appoint or elect a temporary member to exercise such member’s functions during the period of his incapacity.
(2) An appointment of election made under the preceding subregulation shall cease to have effect if the person or authority who made the same notifies the temporary member of the revocation of such appointment or election, or if the member in whose place the temporary member has been appointed or elected notifies such person that he is about to resume or has resumed his functions, or that member vacates his office by virtue of the provisions of regulation 6.
(1) A subordinate land board may, with the approval of the tribal land board, co-opt not more than two persons with suitable knowledge or experience to assist the board in the discharge of its functions.
(2) Persons so co-opted may attend any meeting of the subordinate land board, and at such meetings may speak but may not vote.
(3) The chairman of a subordinate land board may invite not more than two persons to a particular meeting to assist the board in the discharge of its functions.
(4) Persons invited in accordance with the provisions of subregulation (3) may attend the meeting of the board to which they have been invited and at such meeting may speak but may not vote.
(1) A member, not being an ex-officio member, may at any time resign his office by notice in writing to the chairman or secretary of the tribal land board, and the office of the member thereupon shall become vacant.
(2) Such vacancy shall immediately be reported to the Minister.
(3) The Minister may by notice in writing require any member, other than an ex-officio member, to vacate his office; if, after giving such member an opportunity to be heard and after having consulted the appropriate tribal land board and subordinate land board the Minister is satisfied that such member—
(a) has been absent from meetings of the subordinate land board without leave of absence granted by the land board for a period exceeding six consecutive months; or
(b) is unable to exercise the functions of his office by reason of illness, absence or other cause and has been, or is likely to be, so unable for a period exceeding six months; or
(c) is otherwise unfit to discharge the functions of his office.
7. Procedure of subordinate land boards
(1) Subject to the provisions of the Act and any regulations made thereunder, or to any directions made by the tribal land board, a subordinate land board may regulate its own procedure:
Provided that no grant of land shall be of any effect unless the subordinate land board by resolution approves such grant and a record of the substance of such resolution is recorded in the minutes of the meeting at which the resolution was passed.”/>
(2) The quorum of a subordinate land board shall be half of the number of appointed and elected members thereof, or if such number is an even number, a majority of such members shall constitute a quorum.
(3) Any member or administrative officer of a tribal land board in the tribal area concerned may attend any meeting of the subordinate land board and may speak but not vote at such meeting.
(4) Decisions of the subordinate land board shall be taken by a majority of votes of members present and voting, the chairman having both an original and, in the event of an equality of votes, a casting vote.
(5) If any member of a subordinate land board present at a meeting of the board has any pecuniary or other interest, direct or indirect, in any matter under discussion, or is the husband, father, grandfather, son, grandson, or brother, father-in-law, brother-in-law or son-in-law of any person seeking a grant from the board he shall disclose the fact and, if the chairman or other member presiding at the meeting so directs, he shall withdraw from the meeting during such discussion or refrain from discussion of, or voting on, the matter.
(6) The tribal land board may issue special or general directions to subordinate land boards regarding their procedure or administration.
(1) The members of a subordinate land board shall, each year, and for the ensuing year, elect from their number a chairman, and a deputy chairman who shall act as chairman at any meeting of the board when the chairman is absent.
(2) At any meeting of a subordinate land board, when the chairman and the deputy chairman are absent, the members present at the meeting shall elect one of their number to act as chairman for that meeting.
(1) The tribal land board shall appoint a clerk for each subordinate land board in its area of jurisdiction.
(2) The records of a subordinate land board shall be kept by the clerk who shall also record and preserve the minutes of all its proceedings, receive all applications and other documents addressed to the board and conduct correspondence on behalf of the board.
PART III
Grant of Customary Land Rights (regs 10-17)
10. Application for customary land rights
(1) An applicant for a customary law right to the use of land shall furnish verbally or in writing to the clerk of the subordinate land board within whose area the land falls the following particulars which the clerk shall record—
(a) the full name and postal address of the applicant;
(b) whether the applicant is married and how many children he has;
(c) the ward, if any, in which the land right is sought;
(d) the nature of the right sought, e.g., for grazing, ploughing, residential or business purposes;
(e) the location, description and extent of the land affected;
(f) the ward affiliations of the applicant; and
(g) what other land rights the applicant possesses in Botswana.
(2) An applicant may also produce to the clerk a letter from the head of the ward concerned or his local representative stating whether the granting of the right applied for will conflict with other people’s land rights, or with present land use, which letter the clerk shall file.
11. Procedure on receipt of application
(1) As soon as may be after receipt of an application for a customary land right the clerk shall—
(a) notify the applicant of the date and place of the next meeting of the subordinate land board, not being less than 21 days after the said receipt, at which representations concerning the application will be heard;
(b) post on a notice board open to public inspection at the subordinate land board’s offices a notice of such application giving details thereof and the date and place of the meeting at which representations concerning the application will be heard and calling upon any interested person who wishes to make such representations to appear at the said meeting;
(c) ascertain in the most expedient manner the attitude towards the application of the head of the ward concerned, or his local representative, if it has not already been communicated to him in writing.
(2) Any meeting of the subordinate land board at which representations concerning an application for a customary land right are heard shall be held in public and any interested person shall be entitled to make representations concerning the application, the substance of which shall be recorded by the clerk.
(3) For the purpose of resolving any dispute or difference arising from the representations submitted to it, or otherwise for the purpose of enabling it to decide upon an application, a subordinate land board shall have power to summon persons to give evidence before it.
(4) Any person who without reasonable excuse fails to obey a summons under this regulation which has been served upon him shall be guilty of an offence and liable to a fine of P100 and to imprisonment for three months.
(5) A subordinate land board shall have power, for the purpose of determining any application for a customary land right, to administer an oath or affirmation to any person appearing to give evidence before it.
(6) No evidence shall be heard by a subordinate land board unless the applicant and any interested person whose name has been recorded as objecting to the application has been given notice of the meeting at which the evidence is heard.
12. Procedure before grant of customary land rights is made
(1) The subordinate land board shall satisfy itself—
(a) whether or not the applicant is a citizen of Botswana;
(b) whether or not the land is subject to rights in favour of any person other than the applicant;
(c) whether or not the land is available and whether its size and location are suitable for the use proposed by the applicant.
(2) If it is proposed to make a grant of customary rights, a resolution to that effect, embodying any conditions which it is proposed to impose, shall be put to the subordinate land board and if such resolution is passed it shall be recorded in the minutes of the meeting at which it was passed.
13. Decision of board to be communicated
The subordinate land board’s decision on an application for a customary land right shall be communicated in writing to the applicant by the clerk, and shall be posted by the clerk on a notice board open to public inspection at the subordinate land board’s offices, as soon as the subordinate land board has made its decision.
14. Demarcation of land over which customary rights are granted
(1) With the object of avoiding disputes arising from imprecise or conflicting grants, it shall be the duty of a subordinate land board in making a grant of customary rights in respect of a piece of land which is not defined by a diagram to describe it in the certificate of grant by reference to permanent and ascertainable boundary points or boundaries whenever possible, and whenever possible to attach a sketch plan.
(2) Any grantee who fails to maintain any mark which has been established to demarcate such land shall forfeit his rights to such land, and any person who without reasonable excuse damages, destroys, moves or otherwise interferes with any mark established by or under the direction of a subordinate land board to demarcate land, shall be guilty of an offence and liable to a fine of P100 and to imprisonment for three months.
(3) Before a certificate of grant of customary land rights is issued, it shall be the duty of the subordinate land board to ensure that the boundaries of the area of land concerned are pointed out to the grantee by a person designated by it for this purpose, and such pointing out shall be recorded in the certificate of grant:
Provided that the subordinate land board shall make all reasonable efforts to ensure that such pointing out is done in the presence of the head of the ward or of two responsible heads of family.
(4) Such additional person as may be present during the pointing out shall also be recorded in the certificate of grant.
15. Certificate of grant of customary land rights
A certificate of grant of any customary right to the use of land issued by a subordinate land board shall specify whatever conditions the subordinate land board has, by resolution pursuant to regulation 12(2), imposed and shall be in the Form set out in the Schedule and shall be signed by the chairman or the clerk.
16. Appeals against decisions of subordinate land boards
(1) Any person aggrieved by a decision of the subordinate land board may appeal to the tribal land board by lodging a notice of appeal either verbally or in writing with the clerk of the subordinate land board or the secretary of the tribal land board.
(2) Upon the noting of an appeal the clerk of the subordinate land board shall furnish the tribal land board with the reasons for the decision of the subordinate land board and shall serve a copy of such reasons to the appellant.
(3) On consideration of an appeal against a decision of the subordinate land board the tribal land board may allow such appeal and set aside, or in any manner vary the decision of the subordinate land board.
(4) On receipt of the decision of the tribal land board setting aside or varying the decision by the subordinate land board the clerk of the subordinate land board shall forthwith cancel the duplicate copy of the certificate of grant, if any, issued in the matter and shall call upon the grantee to return the original certificate of grant which he shall cancel forthwith.
(5) The subordinate land board shall thereafter issue, if the tribal land board’s decision so requires, a new certificate of grant which shall conform to the requirements of the decision of the tribal land board.
(6) Any person aggrieved by a decision of the tribal land board on an appeal may within four months from the date upon which he became aware of such decision, appeal therefrom to the Minister who shall have the power to allow the appeal, set aside or vary any decision made by the tribal land board.
(7) Any decision made by the Minister under subregulation (6) shall be final.
16A. Cancellation of customary land rights for failure to develop land
(1) A subordinate land board may recommend to the land board a cancellation of a grant of a customary right to use land for arable farming, a borehole, or residential purposes if, after the expiration of five years from the date of the grant, the land has not been developed without sufficient excuse to the satisfaction of the subordinate land board.
17. Cancellation of customary land rights
(1) A subordinate land board shall in no case cancel the grant of any customary right to use land but may recommend cancellation of such rights to the tribal land board.
(2) In dealing with any recommendation from a subordinate land board for the cancellation of any customary right to use land, the tribal land board shall follow the procedure prescribed in regulation 15 of the Tribal Land Regulations.
(3) Any person may appeal to the Minister against the decision of a tribal land board to cancel customary rights following a recommendation from a subordinate land board.
(4) The procedure laid down in regulations 16 and 17 of the Tribal Land Regulations, shall apply to any appeal.
SCHEDULE
CERTIFICATE OF CUSTOMARY LAND GRANT
REPUBLIC OF BOTSWANA
TRIBAL LAND ACT
(Cap. 32:02)
(Reg. 15)
|
To whom it may concern: |
|
This is to certify that in accordance with the provisions of Part III of the Tribal Land Act, and the regulations made thereunder ………………………………………………………………………………….. |
|
……………………………………………………………………………………………………………………….. |
|
of …………………………………………………………………………………………………………………….. |
|
……………………………………………………………………………………………………………………….. |
|
has been granted for …………………………………………………………………………………………….. |
|
purposes the use of an area of land estimated at approximately ……………………………………… |
|
acres in extent and situated at ……………………………………………………………………………….. |
|
…………………………………………………………………….. (specify ward) the boundaries of which area of land are demarcated by the following boundary marks or natural features (give a clockwise description of the boundaries to identify them clearly) |
|
……………………………………………………………………………………………………………………….. |
|
……………………………………………………………………………………………………………………….. |
|
……………………………………………………………………………………………………………………….. |
|
……………………………………………………………………………………………………………………….. |
|
(as will more fully appear from the sketch plan/diagram annexed hereto marked * “A”), which boundaries have been pointed out to the said ……………………………………………………………… |
|
by ……………………………………………………………………………………………………………………. |
|
on the ……………………………………. 20 …………… in the presence of ……………………………… |
|
……………………………………………………………………………………………………………………….. |
|
This grant is subject to the undermentioned conditions- ………………………………………….. |
|
……………………………………………………………………………………………………………………….. |
|
……………………………………………………………………………………………………………………….. |
|
………………………………….. Chairman/Clerk |
|
………………………………………..20 ……….. ……………………………………… |
>*Delete if inapplicable.>
TRIBAL LAND (ESTABLISHMENT OF LAND TRIBUNALS) ORDER
(under section 40)
(22nd September, 1995)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Establishment of Land Tribunal
3. Composition of Land Tribunals
4. Procedure for lodging appeals
5. Witnesses
6. Determination
6A. Costs
7. Appeals lodged prior to commencement of Order
S.I. 59, 1995,
S.I. 43, 1996,
S.I. 62, 2003.
This Order may be cited as the Tribal Land (Establishment of Land Tribunals) Order.
2. Establishment of Land Tribunal
There is hereby established a Land Tribunal for the purposes of section 40 of the Act.
3. Composition of Land Tribunals
(1) A Land Tribunal shall be comprised of the following members—
(a) a President appointed in accordance with the Public Service Act (Cap. 26:01), who shall be a qualified attorney or advocate, of not less than five years standing, employed in the public service; and
(b) two other members appointed on contract in accordance with the Public Service Act (Cap. 26:01).
(2) When the President of a Land Tribunal is unable, by reason of illness or other sufficient reason, to perform the functions of President, another person qualified in terms of subparagraph (1)(a) shall be appointed in accordance with the Public Service Act (Cap. 26:01) to act as President until the substantive President is able to resume duty.
(3) When one of the members of a Land Tribunal appointed under subparagraph (1)(b) is unable, by reason of illness or other sufficient reason, to perform the functions of such member, another person shall be appointed in accordance with the Public Service Act (Cap. 26:01), to act as a member in his place until he is able to resume duty.
(4)(a) In respect of cases heard by a Land Tribunal, the Land Board Selection Committee may, where the President of the Land Tribunal considers it desirable, co-opt two additional members to the Tribunal from among suitably mature, qualified and knowledgeable persons from the district within the jurisdiction of which the lands or matters in dispute lie, and where either of such additional members is unable, by reason of illness or other sufficient reason, to continue to perform the functions of such member, the Land Board Selection Committee may, at the request of the President, appoint any other similarly qualified person to act as a member in his place until he is able to resume duty.
(b) Members co-opted in accordance with paragraph (a) may be asked to tender advice in respect of any matter before the Land Tribunal, but shall not be entitled to vote in respect thereof.
(5) The members appointed under subparagraph (1) shall hold office for such period of contract as maybe determined in accordance with the Public Service Act (Cap. 26:01) unless they earlier terminate their contracts, or their contracts are terminated in accordance with that Act; and such contracts may be renewed for such further periods of contract as are permissible in terms of that Act.
(6) The persons co-opted under subparagraph (4) shall be paid such allowances as may be determined by the Minister.
(7) Any person who is declared insolvent or adjudged or otherwise declared bankrupt under any law in force in Botswana or elsewhere and has not been discharged, or has made a composition with his creditors and has not paid his debts in full, or is convicted of any offence involving dishonesty, shall not be eligible to be appointed as President or a member of a Land Tribunal, or if already appointed, to remain as the President or a member of a Land Tribunal, and his office as such shall become vacant with effect from such declaration or adjudgment or failure to pay or conviction, as the case may be.
4. Procedure for lodging appeals
(1) Any person wishing to appeal against a decision of a land board shall—
(a) lodge notice of appeal, in the form prescribed, with the clerk of the Land Tribunal concerned, together with the fee of P10;
(b) submit written reasons on the basis of which the appeal is lodged;
(c) give the names and addresses of the appellant and the respondent, and indicate the district and the area within which, or in respect of which, the dispute arises; and
(d) cause a copy of the notice of appeal to be served on the respondent.
(2) An appeal should be brought within four months from the date on which the appellant becomes aware of the decision of the land board, but an appeal lodged outside the period of four months, shall be accompanied by reasons for the late delivery, and the Land Tribunal shall determine whether it will entertain the appeal, or whether, in all the circumstances, it should be rejected.
(3) If, in the opinion of the Land Tribunal concerned, the points at issue in the notice of appeal are not clearly enough defined to enable it to hear and determine the matter, it may remit it to the parties or the land board concerned, with such directions or advice as it deems appropriate or necessary.
(1) The parties shall inform the Land Tribunal concerned of any witnesses that they wish to be called at the hearing of the appeal, and the Land Tribunal shall cause subpoenas to be served on such witnesses and any other witnesses that it considers should be called, specifying the place, date and time when they are required to attend to give evidence or produce documents.
(2) Witnesses attending before a Land Tribunal shall be entitled to be paid fees or allowances on the same scale as are applicable in a magistrate’s court.
(3) Any person subpoenaed to attend before a Land Tribunal who, without reasonable cause, fails to attend or to produce a document he is required to produce, shall be guilty of an offence and liable to a fine of P100 and to three months’ imprisonment.
(1) Subject to the provisions of this Order, a Land Tribunal of appeals shall regulate its own procedure, and the frequency of its meetings.
(2) For the purpose of determining any matter before it a Land Tribunal may order any witnesses—
(a) to give evidence on oath or otherwise;
(b) to produce any relevant document;
(c) furnish, in writing or otherwise, such particulars relating to the matter in question as it may require.
(3) In hearing and determining an appeal, a Land Tribunal shall have exclusive jurisdiction in respect of every matter properly before it and shall not be bound by the rules of evidence or procedure applicable in civil or criminal proceedings, and may disregard any technical irregularity which does not, and is not likely to, result in a miscarriage of justice.
(4) Matters before a Land Tribunal shall be determined—
(a) in the case of matters involving questions of law, by the decision of the President alone; and
(b) in the case of matters involving questions of fact, by the decisions of a majority of the members thereof appointed under paragraph 3(1).
(5) The provisions of section 7(5) of the Act shall apply to meetings of a Land Tribunal as they apply to meetings of a land board, and in such event another person shall be appointed in accordance with paragraph 3(3) to act as a member of the Land Tribunal in place of the member concerned for that meeting or for the determination of that matter.
(6) Any interested party to the proceedings before a Land Tribunal may appear by advocate or attorney, or be represented by any other person so authorised by the party.
(7) Proceedings before a Land Tribunal shall be open to the public, unless the Tribunal, for good and sufficient reason, decides otherwise.
(8) A Land Tribunal may, from time to time, adjourn the hearing of an appeal, and shall inform all the parties concerned of the date and time when the hearing will be resumed.
(9) If one of the parties fails, without sufficient reason, to prosecute or defend an appeal after being properly notified of the date, time and place thereof, judgment in default may be entered for the party which does attend, in such manner as the Land Tribunal concerned deems fit, and if neither party appears after being given due notice, the Land Tribunal may, in its discretion, dismiss the appeal or adjourn it to another date.
(10) When a Land Tribunal has determined whether an appeal shall be upheld or dismissed, the judgment, and the reasons therefor shall be recorded in writing, signed by the President, and copies thereof delivered to all the parties.
(10A) A person who is found guilty by the Land Tribunal of an offence referred to in section 39 of the Act shall be liable to a fine of P10,000, or if the offender is a corporate body, to a fine of P20,000.
(10B) A land board, or any other party to an appeal before a Land Tribunal that, without reasonable excuse, fails to enforce any determination made by the Land Tribunal in relation to an appeal under this Order shall be guilty of an offence and liable to a fine of P10,000, or if the offender is a corporate body, to a fine of P20,000.
(11) There shall be a right of appeal from a decision of a Land Tribunal to the High Court, on a question of law, within eight weeks of the delivery of such decision.
A Land Tribunal shall, where it considers it appropriate to do so, award to a party to the proceedings before it such costs as the Tribunal may determine.
7. Appeals lodged prior to commencement of Order
Any appeal lodged with the Minister or a district commissioner, as the case may be, prior to the commencement of this Order may be heard and determined by the Land Tribunal concerned in accordance with the provisions of section 40 of the Act and this Order.
TRIBAL LAND (LAND BOARD SERVICE) REGULATIONS
(section 37)
(10th March, 2006)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
PART II
Constitution and Abolition of Land Board Offices
3. Notification of offices
4. Constitution of office
5. Abolition of office
PART III
Appointment and Termination of Appointments
6. Notification of vacancies
7. Advertisement
8. Selection of candidates
9. Compulsory retirement
PART IV
Discipline
10. Disciplinary control to be prompt
11. Preliminary investigation
12. Reporting cases to Director
13. Salary of officer during interdiction
14. Salary following conviction
15. Action on receiving report by Director
16. Findings of enquiry
17. Powers of principal officer
18. Criminal proceedings against an officer
19. Action required of police and prosecutors
20. Disciplinary action pending criminal proceedings
21. Disciplinary action following conviction
22. Disciplinary action after acquittal of criminal charges
23. Punishments
24. Reprimands or warnings
25. Absence without leave
26. Documentary evidence
27. Witnesses
PART V
Consultative machinery
28. Establishment of Land Board (Joint Staff Consultative) Council
29. Functions of Council
30. Decisions of Council
31. Expenses
32. Establishment of sub-committees
33. Land boards consultative committees
34. Functions of committees
35. Decisions of committees
36. Personal cases excluded
37. Elections
PART VI
Miscellaneous
38. Production of relevant documents, etc.
39. Correspondence
40. Power to review staff complements and gradings
41. Examinations
42. Cases not provided for
S.I. 16, 2006.
PART I
Preliminary (regs 1-2)
These Regulations may be cited as the Tribal Land (Land Board Service) Regulations*.
*These Regulations are hereby revoked by regulation 16 of the Public Service Regulations (SI 39/2010) in so far as they are inconsistent with any provision of the Public Service Regulations or any collective agreement made in pursuance of the Public Service Act (Act 30, 2008).>
In these Regulations, unless the context otherwise requires—
“Association” means the land board service association;
“Council” means the Land Board (Joint Staff Consultative) Council established under regulation 28;
“General Orders” means the General Orders governing the land board service;
“principal officer” means a secretary of a land board.
PART II
Constitution and Abolition of Land Board Offices (regs 3-5)
The Director shall publish a list of all land board offices once in every year.
(1) An application for the constitution of any land board office shall be made to the Director by a principal officer in writing and every such application shall state—
(a) the title of the office;
(b) the salary or salary scale to be attached to such office;
(c) whether the proposed office is permanent or temporary;
(d) the reason why the constitution of such office is considered desirable;
(e) the qualifications which are required of any holder of the proposed office and the duties which any such holder is required to perform;
(f) whether or not funds are available; and
(g) such other matters as the Director may require.
(2) Where the Director receives an application for the constitution of a land board office, the Director shall decide whether or not the land board office should be constituted and shall inform the Permanent Secretary of the decision.
(1) Application for the abolition of any land board office shall be made to the Director by the principal officer and every such application shall state—
(a) the reason why the office should be abolished; and
(b) such other matters as the Director may require.
(2) Where the Director receives an application for the abolition of a land board office, the Director shall decide whether or not the land board office should be abolished and shall inform the Permanent Secretary of the decision.
PART III
Appointment and Termination of Appointments (regs 6-9)
(1) Where a vacancy occurs or it is expected that a vacancy will occur in any land board office, the principal officer shall notify the Director of the vacancy or expected vacancy and shall state whether, in the principal officer’s opinion, the vacancy should be filled by the promotion of an officer serving in the land board in which the office exists.
(2) Where the principal officer recommends the promotion or transfer of a land board officer serving in the land board in which the office exists, he or she shall furnish the Director with the record of service in Botswana of the officer recommended, together with the name of any land board officer in the land board who would be superseded and his or her reason for recommending the officer’s supersession.
(3) Where a principal officer is unable to recommend the promotion or transfer of an officer serving in the land board to fill the vacancy, he or she shall report to the Director, the name of officers serving in the cadre or grade from which promotion or transfer would normally be made, together with his or her reasons for not recommending any of the officers for promotion or transfer.
(1) Subject to the provisions of subregulation (2) and to any directions of the Minister, applications for appointment to vacant offices shall be invited by public advertisement in Botswana in such manner as may be determined by the Director.
(2) A vacant office shall not be advertised—
(a) where the Director is satisfied that the office should be filled by the promotion, or re-engagement of an officer serving in the land board in which the vacancy exists or the continued employment of an officer on temporary terms; or
(b) where the Director is satisfied that there is no reasonable likelihood of any application being received in response to advertisements in Botswana from a candidate who is qualified and suitable.
Where officers have the same degree of preference, or qualifications or experience, proven merit and suitability for the post in question will be given greater weight than seniority.
(1) If it appears to the Director that there is reason why an officer who maybe called upon to retire under the provisions of section 11K (3) of the Act (Cap. 32:02) should be called upon to retire, the Director shall advise the officer that his or her compulsory retirement is under consideration and ask the officer if he or she wishes to make any representation of a personal nature on the matter.
(2) An officer desirous of making a representation shall make such representation to the principal officer who shall forward the representation, together with his or her own observations, to the Director who will decide whether the officer should be called upon to retire.
PART IV
Discipline (regs 10-27)
10. Disciplinary control to be prompt
Where disciplinary proceedings are to be or may be taken against an officer, the appropriate procedure shall be commenced as soon as possible in accordance with the provisions of this part.
(1) Where a principal officer becomes aware of allegations of misconduct against an officer, he or she shall, if he or she is of the opinion that disciplinary proceedings may be necessary, instruct some other officer of a rank of not less senior than the officer against whom the allegations of misconduct have been made, to hold a preliminary investigation into such allegations.
(2) If, following the preliminary investigation, the principal officer is of the opinion that there is a prima facie case against the officer concerned, he or she shall prepare a list of charges against the officer in the form prescribed in the General Orders, with such modifications as may be necessary.
(3) The list of charges shall be sent to the officer against whom they are made and the officer shall be informed that he or she has such period, being not less than 14 days, as appears reasonable in all the circumstances to the principal officer, to reply to the charges against him or her.
12. Reporting cases to Director
(1) If the officer does not reply to the charges made against him or her under regulation 11 within the time specified, or if the officer fails to exculpate himself or herself from the charges to the satisfaction of the principal officer, the latter shall then report the case to the Director.
(2) In reporting the case to the Director the principal officer shall forward—
(a) a copy of the preliminary investigation made under regulation 11;
(b) a copy of the charges preferred against the officer;
(c) a copy of the officer’s statement, if any, made in reply to the charges.
13. Salary of officer during interdiction
(1) When reporting the case to the Director under section 11R , the appointing authority shall supply the Director with the particulars of the officer’s salary, his or her financial commitments (including current deductions from the salary) and the size of the officer’s family.
(2) Where the Director decides that a land board officer shall be interdicted, the Director shall decide the amount of salary that must be paid to the officer during the interdiction and shall inform the officer in writing about the interdiction and any decision to withhold a part of the officer’s salary.
14. Salary following conviction
(1) Where an officer’s salary has been with held by virtue of the provisions of section 11S, the principal officer concerned shall inform the Director in writing, of the date when the withholding of the salary commenced.
(2) On receiving the notification under subregulation (1), the Director shall decide whether any salary shall be paid to the officer during the period of imprisonment and pending the taking of disciplinary proceedings against the officer and shall notify the principal officer accordingly.
15. Action on receiving report by Director
(1) When the Director has received the report of a preliminary investigation he or she may—
(a) call for additional statements or other information that the Director considers necessary relating to the charges preferred against the land board officer;
(b) decide to take no further action in the matter and inform the land board officer concerned;
(c) refer the matter to a committee of enquiry which he or she shall appoint; or
(d) conduct an enquiry himself or herself.
(2) A committee of enquiry shall consist of three officers who shall be of a rank not less senior than that of the officer in respect of whom the enquiry is being held and may be public officers.
(3) A committee of enquiry appointed by the Director shall enquire into the charges which have been laid and shall at the conclusion of the enquiry advise the Director whether or not in its opinion all or any of the charges of misconduct have been proved.
(4) Where the Director has not delegated his or her powers, the Director shall conduct all disciplinary procedures under regulations 11 and 12.
Upon the conclusion of an enquiry the Director shall, inform the officer in writing in respect of whom the enquiry was held as to which, if any, of the charges of misconduct have been proved and of the punishment, if any, which the Director has awarded.
17. Powers of principal officer
Where a principal officer is the appointing authority by virtue of a delegation made under section 11D (3) of the Act (Cap. 32:02), the powers and duties vested in the principal officer under regulations 11(2) and 12(1) shall be vested in the officer holding the preliminary investigation.
18. Criminal proceedings against an officer
(1) If a preliminary investigation indicates that an offence against any law may have been committed by an officer, the Director shall, unless it is clear that police action has been or is about to be taken, consult the Director of Public Prosecutions and obtain his or her opinion as to whether a prosecution should be instituted against the officer.
(2) In consulting the Director of Public Prosecutions the Director shall provide a detailed statement of the case, as it is known to him or her.
(3) Where the Director of Public Prosecutions is of the opinion that there shall be instituted a prosecution, he or she shall inform the Director.
19. Action required of police and prosecutors
(1) Where an officer is charged with an offence, the police officer commanding a district shall inform the principal officer of the area immediately he or she knows that an officer is to be prosecuted, copying the communication to the Director, and the police officer shall provide the officers’s full name, his or her appointment and the nature of the alleged offence.
(2) A prosecutor who tries a criminal case against an officer shall, immediately the trial is completed, inform the Director of the outcome and as soon as possible thereafter, send three certified copies of the case record to the Director.
20. Disciplinary action pending criminal proceedings
If criminal proceedings have been instituted against an officer in any court, no disciplinary proceedings shall be instituted against the officer on any grounds involved in the criminal charges pending the result of the criminal proceeding.
21. Disciplinary action following conviction
(1) If an officer has been convicted of a criminal offence the appointing authority may accept without further proof that the officer committed the offence of which he or she was convicted upon production of a certified copy of the criminal proceedings.
(2) If an officer has been convicted of a criminal offence for which he or she has been sentenced to a term of imprisonment without the option of a fine, the appointing authority may, upon production of a certified copy of the criminal proceedings, dismiss the officer without instituting disciplinary proceedings against him or her.
22. Disciplinary action after acquittal of criminal charges
Where an officer has been acquitted of a charge, no charge of misconduct in any disciplinary proceedings shall be laid against him or her which raises substantially the same issues on which the officer was acquitted by the court.
The following punishments may be inflicted upon a land board officer—
(a) compulsory retirement;
(b) reduction in rank;
(c) reduction in salary;
(d) stoppage of increment for a specified period;
(e) withholding of increment until certain conditions are fulfilled; or
(f) in the case of an officer who is the holder of a non-permanent post, suspension from duty without pay and allowances for a period not exceeding 14 days.
Nothing in this Part shall prevent an appointing authority from issuing a reprimand or a warning to an officer directly subordinate to the appointing authority.
Without prejudice to the taking of disciplinary action in respect of any absence from duty without leave or reasonable cause, where a land board officer is absent from duty without leave, the appointing authority may order that the salary of the officer be withheld in respect of any period during which the officer was absent without leave.
An officer in respect of whom an enquiry is to be held shall be entitled to receive a copy of any documentary evidence which will be relied on for the purpose of the enquiry or be allowed access to the documentary evidence.
Where witnesses are examined at any enquiry the officer shall be given an opportunity of being present throughout and of putting questions to the witnesses on his or her own behalf.
PART V
Consultative Machinery (regs 28-37)
28. Establishment of Land Board (Joint Staff Consultative) Council
(1) There is hereby established a Land Board (Joint Staff Consultative) Council (hereinafter referred to as the Council) which shall consist of the Permanent Secretary, Director and 10 other members of whom—
(a) four shall be appointed by the Minister;
(b) six shall be appointed by the association from among its members.
(2) When appointing the members, the association shall bear in mind the need to represent as far as possible, all the categories of officers in each land board.
(3) There shall be a Chairperson appointed by the Minister and a Deputy Chairperson elected from among the members representing the association.
(4) There shall be a secretary to the Council, who shall be a public officer appointed by the Director.
(5) Meetings of the Council shall be held at least once every six months and at such other times as the Chairperson may decide.
(6) Persons with special knowledge or representing special interests may be co-opted to attend any meeting of the Council and may take part in the discussion of the Council, but shall not be entitled to vote on any matter.
(7) Every meeting of the Council shall be presided over by the Chairperson or, in his or her absence, by the Deputy Chairperson.
(8) The presence at a meeting of the Council of—
(a) the Chairperson or Deputy Chairperson of the Council;
(b) two members appointed by the Minister;
(c) two members representing the association, shall constitute a quorum.
(9) The decision of the Council shall be by majority vote and in the case of equality of votes the Chairperson or in his or her absence the Deputy Chairperson, shall have a casting vote.
(10) Minutes shall be kept of the members present and a record of the decision reached at every meeting of the Council.
(11) Any land board officer including a member of the Council, may submit any matter in the form of a written memorandum for consideration by the Council.
(12) Every memorandum must reach the Director at least 21 days before the date of the meeting at which it is to be considered.
(13) Any memorandum reaching the Director less than 21 days before the meeting of the Council shall be considered at the next meeting thereafter.
(14) The secretary shall with the approval of the Chairperson prepare the agenda for each meeting of the Council, and shall circulate such agenda together with supporting memoranda to all members not less than 14 days before the date of the meeting.
(15) Subject to the provisions of these Regulations, the Council may decide its own procedure.
The functions of the Council shall be—
(a) to consider the terms and conditions of service, advise on methods of ensuring improvements in general working conditions, productivity and staff relations within land boards;
(b) to advise on measures necessary for the furtherance of good relations between government and the land board service and with special reference to—
(i) working arrangements and measures designed to increase productivity and reduce costs;
(ii) improved methods for achieving development;
(iii) the investigation of factors tending to reduce efficiency or in any way interfering with the satisfactory working of the land board service;
(c) to consider and advise the government on safety, health and welfare arrangement in the land board service;
(d) to generally assist in the furtherance of good relations between the land board service and employees of land boards and to carry out such other duties as are entrusted to the Council by the Minister; and
(e) to examine recommendations put forward by the land board consultative committees.
(1) All decisions of the Council shall be referred to the Minister immediately after the meeting at which such decisions were taken, together with copies of the minutes of the meeting.
(2) The Minister may accept, modify or reject any decision taken by the Council.
All necessary expenses of the Council shall be paid by the Director, but no remuneration shall be paid to any Council member.
32. Establishment of sub-committees
(1) The Council may constitute sub-committees to assist it in carrying out its functions and may appoint to such sub-committees members of the Council and such other persons, having relevant specialised knowledge and experience, as the Chairperson may decide.
(2) The Chairperson may determine the procedure to be followed by any sub-committees subject to such instructions as the Council may from time to time issue.
33. Land boards consultative committees
(1) There shall be established in each land board, a land board consultative committee which shall consist of—
(a) the principal officer who shall be the Chairperson;
(b) seven other officers of whom three shall be officers representing the Council,
all shall be approved by the Minister and four shall be officer appointed by the association from among its members.
(2) In appointing such members, the association shall bear in mind the need to represent as far as possible all the categories of staff in such land boards.
(3) The Deputy Chairperson of each sub-committee shall be elected from among members representing the association.
(4) The provisions of subregulations (4) to (14) of regulation 28 shall apply mutatis mutandis to each committee except that—
(a) the secretary of each committee shall be appointed in the alternate years by the Chairperson and Deputy Chairperson;
(b) the committee shall meet at least once every three months;
(c) memoranda to be considered at a meeting must reach the secretary at least 14 days before the meeting; and
(d) the agenda and memoranda to be considered at a meeting shall be circulated to all members at least seven days before the meeting.
Land board consultative committees shall carry out the functions set out in regulation 29 with special reference to improving productivity within the land board area.
(1) Decisions of the committees shall, in the case of issues which fall within the scope of responsibilities of the Chairperson, be implemented forthwith.
(2) Decisions which require prior approval of other land boards shall be referred for consideration to the Council.
Notwithstanding any other provisions of these Regulations, neither the Council nor the committees shall consider individual cases in respect of appointments, transfers, promotions and discipline, but may consider principles governing such cases.
The procedure for the election of members of the staff on to the committee shall be in accordance with the rules made by the Permanent Secretary with the approval of the Council.
PART VI
Miscellaneous (regs 38-42)
38. Production of relevant documents, etc.
Any officer who submits any matter for consideration to the Director, or any other appointing authority shall ensure that all relevant documents and papers are made available to such officer who may require the production of any further documents or information relevant to the matter under consideration.
All correspondence for the Director shall be addressed to the Director.
40. Power to review staff complements and gradings
(1) The Director may authorise such reviews or investigations into the land board service staff complements, gradings and manpower utilisation as the Director considers necessary for the better administration of land boards personnel policies.
(2) The Director may accept, reject or modify the recommendation contained in staff inspection reports and determine the extent to which such reports are made available for consideration outside his or her department.
The committee shall, if so requested by the Director conduct written examinations as provided for in approved schemes of service, if any, and for other purposes of the land board service.
Any case not covered by these regulations will be reported to the Director who will determine the procedure to be adopted and shall be guided by the General Orders.
(section 54(1))
(29th April, 2022)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Establishment of ministerial selection committee
3. Establishment of selection sub-committees
4. Land board or subordinate land board membership application
5. Appointment procedure for land board or subordinate land board membership
6. Authorisation to exercise powers conferred on land board or subordinate land board
7. Application for deed of customary land grant
8. Procedure for receipt of application for deed of customary land grant
9. Procedure before grant of customary land rights
10. Grant of customary land rights
11. Power to make determinations
12. Communication of land board or subordinate land board decision
13. Transfer of customary land rights
14. Cancellation of customary land rights
15. Consideration of application for grant by way of lease
16. Demarcation of boundaries
17. Appeal against decision of subordinate land board to main land board
18. Procedure for repossession for public purposes
19. Computation of compensation
20. Fees
21. Revocation of Cap. 32:02 (Sub. Leg.)
SCHEDULE 1
SCHEDULE 2
S.I. 45, 2022,
S.I. 48, 2022,
S.I. 91, 2023,
S.I. 140, 2024.
These Regulations may be cited as the Tribal Land Regulations.
2. Establishment of ministerial selection committee
(1) There is hereby established a ministerial selection committee which shall be responsible for recommending to the Minister, suitable candidates for appointment as land board and subordinate land board members.
(2) The ministerial selection committee shall consist of the following persons appointed by the Minister—
(a) the permanent secretary in the Ministry responsible for land management, who shall be the chairperson;
(b) two public officers; and
(c) two members of the public:
Provided that the member of the ministerial selection committee shall not be a member of the land board appointed under section 7 of the Act and a member of the land board shall not be a member of the ministerial selection committee.
(3) The deputy chairperson shall be elected by members from amongst their number.
(4) The chairperson and the deputy chairperson shall, hold office for a period of three years.
(5) The Minister shall, by notice in the Gazette, publish the appointment of members, specifying date of appointment and period for which they are appointed to the ministerial selection committee.
(6) The provisions of sections 8, 9, 10, 11, 13, and 15 of the Act shall, with necessary modifications, apply to a member of the ministerial selection committee.
(7) Subject to the provisions of the Act, the ministerial selection committee shall regulate its own procedure.
3. Establishment of selection sub-committees
(1) There is hereby established for each land board listed in Schedule 1 to the Act, a selection sub-committee, which shall be appointed by the ministerial selection committee.
(2) Each selection sub-committee shall consist of—
(a) the District Commissioner, who shall be the chairperson of the selection sub-committee;
(b) one member of tribal administration;
(c) one public officer; and
(d) two members of the public, who shall be resident in the tribal area for which they are appointed:
Provided that the member of the selection sub-committee shall not be a member of the land board appointed under section 7 of the Act and a member of the land board shall not be a member of the selection sub-committee.
(3) The deputy chairperson shall be elected by members from amongst their number.
(4) The chairperson and the deputy chairperson shall hold office for a period of three years.
(5) The Minister shall, by notice in the Gazette, publish the appointment of members, specifying date of appointment and period for which they are appointed to the selection sub-committee.
(6) The provisions of sections 8, 9, 10, 11, 13, and 15 of the Act shall, with necessary modifications, apply to a member of the selection sub-committee.
(7) Subject to the provisions of the Act, the selection sub-committee shall regulate its own procedure.
(8) The selection sub-committees shall be responsible for—
(a) receiving applications for land board or subordinate land board membership;
(b) screening applications referred to under paragraph (a);
(c) interviewing applicants; and
(d) making, in respect of the interviewed applicants, recommendations to the ministerial selection committee for appointment.
4. Land board or subordinate land board membership application
(1) The Minister responsible for land shall invite any person residing in a tribal territory of the land board or subordinate land board, who wishes to be appointed as land board or subordinate land board member, to apply for membership of the land board or subordinate land board.
(2) Subject to subregulation (1) the invitation shall be—
(a) made at least two months prior to the appointment of a land board or subordinate land board membership; and
(b) published in two or more newspapers of national circulation.
5. Appointment procedure for land board or subordinate land board membership
(1) The selection sub-committee shall from the list of applicants who qualify to be appointed as members of the land board or subordinate land board, shortlist applicants based on the provisions of section 8 of the Act.
(2) From the interviewed applicants, the selection sub-committee shall select the most eligible members and refer them to the ministerial selection committee.
(3) From the list referred to in subregulation (2), the ministerial selection committee shall select and recommend 15 of the most eligible members from whom the Minister shall make appointments to the land board, ensuring, where practical, that subordinate areas that fall under the land board are represented.
(3A) Notwithstanding subregulation (3), the Minister may appoint to a Land Board, three persons who are not in the list of candidates submitted to the Minister by the ministerial selection committee, to form part of the eight members of the land board.
(4) The names of the applicants referred to in subregulation (3) who have not been appointed by the Minister shall be kept for purposes of appointing—
(a) temporary members in terms of section 11 of the Act; or
(b) new members where the office of a member becomes vacant before the expiry of the member’s term of office.
6. Authorisation to exercise powers conferred on land board or subordinate land board
(1) Where the land board or subordinate land board proposes to authorise any person to exercise powers conferred on it by the Act, the land board or subordinate land board shall, in accordance with section 5(3) of the Act, submit to the Minister, for approval, its proposal setting out the following—
(a) reasons for such authorisation to exercise the powers; and
(b) duration and other conditions it wishes to impose on such authorisation of exercise of power.
(2) The land board or subordinate land board secretary shall upon approval by the Minister serve, on the person to whom the powers have been conferred, a resolution signed by the chairperson or the land board secretary.
7. Application for deed of customary land grant
(1) A person who wishes to be granted customary land rights shall make an application to the land board or subordinate land board in Form 1 as set out in Schedule 1.
(2) An application made in accordance with subregulation (1) shall be accompanied by—
(a) for a natural person—
(i) a copy of the applicant’s valid identity card or passport for non-citizens, and
(ii) proof of marital status and marital regime in the case of a married person; or
(b) for a juristic person—
(i) proof of registration,
(ii) proof of shareholding in case of a company,
(iii) copies of valid identity card or passport for non-citizen shareholders,
(iv) constitution of a society,
(v) constitution of a syndicate signed by all members,
(vi) resolution of the company authorising application for customary land grant and representation, and
(vii) proof of powers to acquire immovable property.
8. Procedure for receipt of application for deed of customary land grant
(1) Upon receipt of an application for customary land rights, the land board or subordinate land board secretary shall, not less than 14 days before holding a land board or subordinate land board meeting where the application will be considered, notify the applicant, in writing, of the date and place of the meeting.
(2) The land board or subordinate land board shall, for the purpose of considering applications for deed of customary land grant and representations concerning the application, hold public sittings where any interested person shall be entitled to make representations concerning the application.
(3) The applicant and any interested person attending the meeting of the land board or subordinate land board referred to in subregulation (2), shall be entitled to call and question witnesses.
(4) No evidence shall be heard by a land board or subordinate land board unless the applicant and any interested person, whose name has been recorded as objecting to the application, has been given notice in writing not less than seven days of the meeting at which the evidence is heard.
(5) The land board or subordinate land board secretary shall cause to be recorded and kept minutes of all the proceedings of such meeting, the substance of which shall be considered by the land board or subordinate land board.
9. Procedure before grant of customary land rights
(1) In considering an application for land grant, the land board or subordinate land board shall satisfy itself that—
(a) the land is not subject to rights in favour of any person;
(b) the land is available for the use applied for by the applicant;
(c) the size of the land applied for and its location are suitable for the proposed use; and
(d) the applicant is eligible to be allocated the land.
(2) The land board or subordinate land board secretary shall cause the decision on any application before the land board or subordinate land board to be recorded in the minutes of the meeting at which the application was considered.
10. Grant of customary land rights
Upon making a grant of customary land rights under section 23(1) of the Act, the land board or subordinate land board shall submit to the Registrar of Deeds—
(a) a draft deed of customary land grant in Form 2 as set out in Schedule 1; and
(b) a resolution of the land board or subordinate land board in Form 3, as set out in Schedule 1, signed by the Chairperson of the land board or subordinate land board as the case may be,
together with such supporting documents as may be required by the Registrar of Deeds for the registration of such grant.
11. Power to make determinations
(1) A land board or subordinate land board shall have the power, for the purpose of determining any matter before it, to administer an oath or affirmation to any person appearing before it.
(2) For the purpose of enabling it to decide upon an application, a land board or subordinate land board shall have the power to subpoena any person to give evidence before it.
(3) A subpoena served in terms of subregulation (2) shall be in Form 4 as set out in Schedule 1.
(4) Any person who without reasonable excuse fails to obey a subpoena which has been served upon him or her under subregulation (2) commits an offence and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding P500, or to both.
(5) Any person who fails or refuses to take an oath or affirmation before the land board or subordinate land board commits an offence and is liable to imprisonment for a term not exceeding six months or to a fine not exceeding P5000, or to both.
12. Communication of land board or subordinate land board decision
The decision of the land board or subordinate land board on any matter shall be communicated in writing to the address provided by the applicant.
13. Transfer of customary land rights
Upon authorising any transfer of any customary land right under the Act, the land board or subordinate land board shall submit to the Registrar of Deeds a resolution of the land board or subordinate land board, signed by the Chairperson, together with such supporting documents as may be required by the Registrar of Deeds for registration of such transfer.
14. Cancellation of customary land rights
(1) Where the land board or subordinate land board purports to cancel a grant of land in terms of section 43 of the Act, the land board or subordinate land board shall give the grantee 30 days written notice, stating grounds upon which the grant is to be cancelled.
(2) Where the grantee agrees with the grounds stated by the land board or subordinate land board, in accordance with subregulation (1), and consents to the cancellation of the grant of land, the land board or subordinate land board shall cause such cancellation to be registered with the Registrar of Deeds.
(3) Where the grantee does not agree with the grounds stated by the land board or subordinate land board, in accordance with subregulation (1), and is opposed to the cancellation of the grant of land, the grantee shall appeal to the Land tribunal in accordance with the provisions of the Land Tribunal Act (Cap. 32:13).
15. Consideration of application for grant by way of lease
(1) Upon receipt of an application for a grant of land by way of lease in terms of section 27 of the Act, a land board or subordinate land board shall, after satisfying itself of conditions provided for under regulation 9, consider whether and, if so, on what terms and conditions, including the appropriate consideration to be paid by the applicant, it is disposed to grant the land applied for.
(2) If the land board or subordinate land board is disposed to grant an application made in terms of subregulation (1) to a non-citizen, it shall submit to the Minister for his or her approval—
(a) the application and a draft agreement of grant including the proposed terms and conditions;
(b) the sketch plan prepared by the land board or subordinate land board; and
(c) a letter of recommendation stating the reasons for their recommendation.
(3) In deciding whether to grant or refuse the approval sought at subregulation (2) the Minister shall—
(a) have regard to the effect that the grant or refusal of the consent is likely to have on the economic development of the area concerned;
(b) act on the principle that consent generally ought to be refused where the person to whom the land is to be disposed of is unlikely to utilise the land well or develop it adequately or already has sufficient land that can be utilised for the purpose he or she proposes to use it; and
(c) consider any other reasons including issues of national security.
(4) Where the Minister approves a grant of land by way of lease in terms of this regulation, the land board or the subordinate land board shall cause the granting of the registered memorandum of agreement of lease to the applicant and retain a copy for their record.
(5) A memorandum of agreement of lease in terms of subregulation (4) shall be in Form 5 set out in Schedule 1.
(6) Where the Minister withholds his or her approval for a grant of land by way of lease, the land board or subordinate land board shall inform the applicant in writing.
Demarcation of boundaries of the land which is subject to grant in terms of section 42(1) of the Act shall consist of demarcation poles made of wood or iron at all corners being a minimum of 75mm diameter and 1.2 meters from the ground with a minimum of 50cm depth in the ground.
17. Appeal against decision of subordinate land board to main land board
(1) Any aggrieved person wishing to appeal against a decision of a subordinate land board may do so by lodging an appeal with the land board within 30 days of receipt of the decision of the subordinate land board.
(2) Such notice of appeal shall state—
(a) the date on which it was lodged;
(b) the appellant’s name, contact details and postal address;
(c) the respondent’s name, contact details and postal address;
(d) grounds of appeal;
(e) proof of ownership of land rights where necessary; and
(f) a copy of the subordinate land board resolution.
18. Procedure for repossession for public purposes
(1) The land board shall together with the acquiring authority consult the community and other relevant stakeholders to be affected by repossession at least six months before the intended repossession of residential accommodation.
(2) The land board shall, after consultation with the community, serve notice in terms of section 31(1) of the Act on individual persons to vacate the land, stating the following—
(a) reasons for intended repossession of land;
(b) what the grantee is entitled to;
(c) the period within which the assessment will be conducted;
(d) restrictions during the period on notice; and
(e) the period within which the person shall vacate the land.
(3) The land board shall notify the grantee in writing of the date of assessment not less than 14 days before the date of the assessment meeting and that the grantee shall be present or be represented.
(4) Where representation is made under subregulation (3), such representation shall be communicated in writing by the grantee, not less than seven days before the date of the assessment meeting.
(5) An assessment committee established in terms of section 14 of the Act shall include representatives of the acquiring authority, grantee and land board.
(6) The assessment committee shall compile assessment and valuation reports in Form 6 set out in Schedule 1.
(7) The assessment and valuation reports compiled in terms of subregulation (6) shall be discussed with the grantee and the acquiring authority before submission to the land board or subordinate land board for consideration.
(8) In the event that either the grantee or acquiring authority does not agree to the valuation, he or she shall be allowed to engage the services of a professional valuer of his or her choice for a second opinion.
(9) In considering the assessment and valuation reports the land board shall grant a hearing to the grantee, his or her representative or the acquiring authority where necessary.
(10) The decision of the land board regarding the amount of compensation shall be binding to the acquiring authority which shall make payment to the grantee within 30 days from the date of the land board resolution.
(11) Delayed payment of compensation that exceeds six months shall attract five per cent interest annually.
(12) The grantee shall vacate the land in question within three months or such reasonable time, as may be determined by the land board, upon receipt of the payment.
(13) In case of an emergency, the Minister may issue an order to the effect that a grantee shall vacate his or her land before compensation is paid.
(14) In emergency cases referred to in subregulation (13), the acquiring authority shall provide alternative accommodation where necessary.
19. Computation of compensation
(1) In determining the amount of compensation the grantee is entitled to, the land board or subordinate land board shall take the following into account—
(a) the loss of land right where the alternative land of same size and value has not been granted;
(b) the value of the standing crops taken over by the acquiring authority;
(c) the value of any improvements effected to such land, including the value of any clearing or preparation of land for agricultural or other purposes;
(d) the costs of resettlement of the grantee;
(e) the cost of registration of title deed;
(f) removal and transportation costs; and
(g) mortgage costs reasonably incurred, or that might reasonably be incurred, by the grantee in connection with the discharge of a mortgage and the execution of a new mortgage:
Provided that the amount shall not exceed the amount that would be incurred if the new mortgage secured the repayment of the balance owing in respect of the discharged mortgage.
(2) In assessing the amount of compensation for solatium, the land board or subordinate land board shall take the following into account—
(a) the length of time the grantee has resided on the land to determine whether the grantee is residing on the land temporarily or indefinitely;
(b) the inconvenience likely to be suffered by the grantee because of his or her removal from the land;
(c) disturbance, disruption or closure of business operations for a period not exceeding three months; and
(d) loss of goodwill.
(3) The land board or subordinate land board may consider other factors it deems necessary in determining the amount of compensation the grantee is entitled to be compensated for.
(4) Compensation for the loss of right shall be based at the prevailing market rates.
(5) No compensation shall be payable in a case where the grantee is not in a position to produce lawful title to the land in question or to improvements which are affected by the proposed repossession.
(6) No compensation shall be payable for improvements which are in conflict with the land use zoning unless, the grantee can show that developments were carried out with the authority of the land board, subordinate land board or planning authority and that the developments were carried out prior to the zoning of the land in question.
The fees payable in terms of the Act are set out in Schedule 2.
21. Revocation of Cap. 32:02 (Sub. Leg.)
The Tribal Land Regulations are hereby revoked.
Form 1
(reg 7(1))
|
|
|
REPUBLIC OF BOTSWANA |
|
APPLICATION FOR LAND RIGHTS |
|
Applicant Details |
|
Full name of Applicant/Company ………………………………………………………………………………… |
|
Omang/Passport/Registration No. ……………………………………………………………………………… |
|
Date of birth (dd/mm/yyyy) …………………………… Gender: Male |
|
Postal address ……………………………………………………………………………………………………… |
|
Physical address: Location ……………………………. Ward …………………….. Plot ………………… |
|
Telephone No. (mobile) …………………….. (home) …………………….. (work) ………………………….. |
|
Email address ………………………………………………………………………………………………………. |
|
Marital status ………………………………………… |
|
Employment status: |
|
Marriage regime (if married) ………………………………………………………………………………………. |
|
Name of spouse (if married) ………………. Spouse Omang No. /Passport No. ……………………….. |
|
Requested Location …………………………………. Proposed Land Use …………………………………. |
|
Next of kin: Name ……………….. Omang/Passport Number …………………. Relation ……………… |
|
Physical address of next of kin: Location ……………….. Ward: ……………….. Plot ………………… |
Female |
Owned Plot(s) Details (Including owned by spouse) |
|||
|
Plot No. |
Location |
Land use |
Development status |
|
1. …………………. |
………………………….. |
………………………….. |
…………………………. |
|
2. …………………. |
………………………….. |
………………………….. |
…………………………. |
|
3. …………………. |
………………………….. |
………………………….. |
…………………………. |
|
I (full name of the applicant) ………………………………………………………………. state that the above information may result in the rejection of my application and/or prosecution and forfeiture of the plot if already granted to me. |
|||
|
……………………………………………….. |
……………………………………………. |
Form 2
(reg 10(a))
|
|
|
REPUBLIC OF BOTSWANA |
|
DEED OF CUSTOMARY LAND GRANT |
|
This is to certify that in accordance with the provisions of the Tribal Land Act and the Regulations made thereunder, ……………………………….. (Land board or subordinate land board) at its sitting of …………………….. (Date) held at ……………………………….. (Village) granted. |
|
Name ………………………………………………………………. |
|
Date of birth ………………………………………………………. |
|
ID No. ………………………………………………………………. |
|
Marital status ……………………………………………………… |
|
Name of spouse if married ……………………………………………………………. |
|
ID No. of Spouse if married ……………………………………………………………. |
|
A piece of tribal land being: |
|
CERTAIN: ………………………………………………………………………………… |
|
SITUATE: …………………………………………………………………………………. |
|
MEASURING: ……………………………………………………………………………. |
|
AS WILL MORE |
| FULLY APPEAR: From Diagram DSM NO. ……………………………………………. Surveyed by Land Surveyor ………………….. on …………………………………… (date) and approved by the Director of Surveys and Mapping on ……………………….. (date). |
|
HELD UNDER: CERTIFICATE OF REGISTERED LAND TITLE NO. ……………… |
| DATED …………………………………………….. |
|
|
|
WHICH PROPERTY IS SUBJECT TO THE FOLLOWING CONDITIONS |
|
GRANT |
|
1. This grant has been made by the land board or subordinate land board in terms of the Tribal Land Act and is subject to the said Act and any other laws, regulations and policies in force from time to time. |
|
RIGHTS AND DURATION |
|
2. This grant confers perpetual user rights. |
|
3. The rights and obligations conferred by this grant shall be inheritable. |
|
4. In the case of agricultural plots, this entitles the grantee to drill for water within the plot to support the primary land use. Such drill of the borehole shall be in accordance with the provisions of the Water Act (Cap. 34:01) or any legislation. |
|
PURPOSE |
|
5. This grant shall be used for …………………………. only and for no other purpose save with the written permission of the land board or subordinate land board or Planning Authority. |
|
DEVELOPMENT |
|
6. The allocated plot shall be developed within a period of ……………………… Years from the date of registration by the Registrar of Deeds failing which the land board or subordinate land board may cancel the rights. |
|
TRANSFERS, MORTGAGE, LEASE |
|
7. Any transfer, mortgage, or lease of these rights shall be in accordance with the provisions of the Tribal Land Act or any other law. |
|
CANCELLATIONS |
|
8. The land board or subordinate land board shall be entitled to cancel the grant upon breach of any of the conditions of the grant or where the grantee has contravened the provisions of the Tribal Land Act or any other Law. |
|
9. In case of cancellation as a result of 8 above, the land board or subordinate land board shall not be liable to pay compensation. |
|
RIGHTS OF THE GRANTOR |
|
10. The land board or subordinate land board shall be entitled at all reasonable times to enter upon the allocated land through its representatives or agents for the purpose of inspecting the allocated land. |
|
PUBLIC UTILITIES |
|
11. The grantee shall not without reasonable cause deny any lawfully established public authority or Utility Company the permission of constructing any facility required for public purposes. No compensation shall be payable by the land board or subordinate land board in relation to the damages caused by the lawfully established authorities or Utility Companies. |
|
NOTICES |
|
12. (a) Any communication or written notices shall be duly given or made and delivered in writing addressed to the grantee at the address given by the grantee. |
|
(b) Where for any reason the address of the grantee cannot be ascertained, the notice shall be published in any newspaper circulating in the country. |
|
………………………………………………… |
……………………………….. |
|
REGISTERED AND GIVEN UNDER MY HAND AT ……………………………………………………….. IN THE DEEDS REGISTRY OFFICE THIS ……………………………………………………………. DAY OF …………………. (month) ……….. (year) |
|
|
………………………………………………… |
|
|
DECLARATIONS/ENDORSEMENTS |
Form 3
(reg 10(b))
|
|
|
REPUBLIC OF BOTSWANA |
|
RESOLUTION OF THE BOARD |
|
RESOLUTION DETAILS |
|
RESOLUTION PASSED BY ……………………………………………………………………… (Land board or subordinate land board) at …………………………………………………………………………………. (Village) on the ……………………. day of ……………………… (month) ……………………… (year) |
|
RESOLVED THAT— |
|
(1) ……………………………………………………………………………………………………………………… |
|
………………………………………………………………………………………………………………………….. |
|
|
|
In Respect of |
|
CERTAIN: …………………………………………………………………………………………………………….. |
|
SITUATE: …………………………………………………………………………………………………………….. |
|
MEASURING: ……………………………………………………………………………………………………….. |
|
LAND USE: ………………………………………………………………………………………………………….. |
|
(2) ……………………………………….. as the Chairperson/Board Secretary be authorised to sign all documents to give effect to the said transaction. |
|
CERTIFIED TRUE RESOLUTION OF THE ABOVE-MENTIONED LAND BOARD OR SUBORDINATE LAND BOARD. |
|
………………………………………………… |
……………………………….. |
Form 4
(reg 11(3))
|
SUBPOENA |
|
|
|
REPUBLIC OF BOTSWANA |
|
IN THE LAND BOARD/SUBORDINATE LAND BOARD |
|
TO: ………………………………….. (Name) |
|
You are hereby required to appear in person before the ……………………………………………….. land board or subordinate land board at …………………………………… (village), ……………… on the ……… day of ………………………………… (month) ………………………….. (year) at ……………………….. (time) and from day to day until this matter is finalised, to give evidence in this matter regarding ………………………………… and participate in site inspection. You are required to bring with and then produce to the land board or subordinate land board any documents that may be necessary for determination of this matter. |
|
Be advised that in terms of regulation 11(4) of the Tribal Land Regulations, any person who without reasonable excuse fails to obey a subpoena which has been served upon him or her under the regulations commits an offence and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding P5200, or to both. |
|
|
|
Dated ……………….. at. ……………….. on …………………… (month) ………………. (year) |
|
FROM Board Secretary to the ……………………….. land board or subordinate land board |
|
………………………………………. |
|
Signed: ………………………………. |
|
Date: …………………………………. |
Form 5
(reg 15(5))
|
|
|
REPUBLIC OF BOTSWANA |
|
MEMORANDUM OF AGREEMENT OF LEASE |
|
Made and entered into by and between |
|
…………………………………………………………………………………………………………………. (Lessor) |
|
(Herein referred to the lessor) represented by ………………………………………………………… (Name) He or She being duly authorised thereto by a resolution of Board dated ……………………………. and annexed hereto marked ………………………………. |
|
And |
|
………………………………………………………………………………………………………………… (Lessee) |
|
(Hereinafter referred to as the lessee) represented by ……………………………………………….. (Name) He or She being duly authorised by ……………………………………. dated …………….. annexed hereto marked …………………………………………………….. |
|
Where it is agreed as follows: |
|
1. Lease area |
|
The lessor hereby lets to the lessee a piece of land being |
| CERTAIN: ……………………………………………………. |
| SITUATE: ……………………………………………………. |
| MEASURING: ……………………………………………………. |
|
AS WILL MORE |
| FULLY APPEAR: From Diagram DSM NO. …………………………………………. Surveyed by Land Surveyor …………….. on the ………………. (Date) and approved by the Director of Surveys and Mapping on the …………………….. (Date) |
| WHICH PROPERTY: is held under Certificate of Registered Land Title No. …………………… dated ………………….. . |
|
RIGHTS AND DURATION |
|
2. This grant has been made by the land board or subordinate land board in terms of the Tribal Land Act and is subject to the said Act and any other laws, regulations and policies in force from time to time. |
|
3. The rights and obligations conferred by this grant shall be inheritable. |
|
4. This grant shall be for a period of 50 years commencing on the …………………… (Date of Registration by the Registrar of Deeds). |
|
5. In the case of agricultural plots, this entitles the grantee to drill for water within the plot to support the primary land use. Such drilling of the borehole shall be in accordance with the provisions of the Water Act (Cap. 34:01) or any law that deals with water. |
|
PURPOSE |
|
6. The leased land shall be used for ………………………. only and for no other purpose save with the written consent of the land board or subordinate land board. |
|
DEVELOPMENT |
|
7. The allocated plot shall be developed within a period of ………………. (Years) from the time of grant failing which the land board or subordinate land board may cancel the rights. |
|
TRANSFER, MORTGAGE, CHARGE AND SUB-LEASE |
|
8. Any transfer, mortgage, charge, bond, sub lease of these rights shall be in accordance with the provisions of the Tribal Land Act or any other related laws, regulations and policies in force from time to time. |
|
RENT AND RENTAL REVIEW |
|
9. (a) The rent payable by the grantee shall be P ……………….. per annum payable in advance at the offices of the lessor or by any method permitted by the land board or subordinate land board. |
|
(b) Notwithstanding the provisions of 9(a) above, the rental payable may be adjusted at any time by the land board or subordinate land board by giving the grantee notice in writing to the address provided by the grantee. |
|
DEATH OF GRANTEE |
|
10.(a) This grant shall not terminate by reason of the grantee’s death in case of natural persons but shall pass on to a duly appointed heir who shall within 12 months of the death of the original grantee apply to the land board or subordinate land board to have his or her name substituted as the new grantee for the unexpired period of the lease. |
|
(b) In case of juristic person, if such juristic person ceases to lawfully exist for any reason, the grant shall revert back to the land authority on such date the juristic person ceases to exist. |
|
RENEWAL |
|
11. The grantee may be allowed to renew the grant a further period of ……………… (Years) provided the grantee informs the land board or subordinate land board of its intention to renew the grant within ……. years before the date of expiry. |
|
TERMINATION |
|
12. (a) This grant may be terminated by the grantee by giving the land board or subordinate land board notice in writing in which case all immovable improvements including fences and walls built by the grantee shall revert to the land board or subordinate land board without any compensation. |
|
(b) The land board or subordinate land board may terminate this grant on giving the grantee three (3) months’ notice in writing for its intention to do so and shall pay adequate compensation to the grantee for developments in the land. On receipt of such notice the grantee shall forthwith vacate the land and surrender all improvements thereon to the land board or subordinate land board. |
|
(c) On the termination of the grant by expiration of a lease due to the passage of time, the land and all improvements thereon shall revert to the land board or subordinate land board without any compensation being paid whatsoever. |
|
CANCELLATION |
|
13. (a) The land board or subordinate land board shall be entitled to cancel the grant upon any breach of conditions of this grant or contravention of the provisions of the Tribal Land Act or any other written law. |
|
(b) In cases of cancellation as a result of a breach by the grantee, the land board or subordinate land board shall not be liable to pay compensation. |
|
RIGHTS OF THE LESSOR |
|
14. The land board or subordinate land board shall be entitled at all reasonable times to enter upon the allocated land through its representatives or agents for the purpose of inspecting the allocated land. |
|
PUBLIC UTILITIES |
|
15. The grantee shall not without reasonable cause deny any lawfully established public authority or Utility Company the permission of constructing any facility required for public purposes. No compensation shall be payable by the land board or subordinate land board in relation to the damages caused by the lawfully established authorities or Utility Companies. |
|
NOTICES |
|
16. (a) Any communication or written notices shall be duly given or made and delivered in writing addressed to the grantee at the address given by the grantee. |
|
(b) Where for any reason the address of the grantee cannot be ascertained, the notice shall be published in any newspaper circulating nation-wide. |
|
THUS DONE AND SIGNED at …….. on this ………… day of ……….. (month) ………. (year) |
|
|
………………………………………………. |
|
|
THUS DONE AND SIGNED at ………….. on this ……… day of ………….. (month) ……. (year) |
|
|
|
………………………… |
|
REGISTERED AND GIVEN UNDER MY HAND AT ………………………………………………………… IN THE DEEDS REGISTRY OFFICE THIS ……………………… DAY OF ……………………….. (month) ………………………… (year) |
|
|
…………………………………………………… |
……………………………… |
|
ENDORSEMENTS/DECLARATIONS |
Form 6
(reg 18(6))
|
|
||||
|
REPUBLIC OF BOTSWANA |
||||
|
ASSESSMENT AND VALUATION REPORTS |
||||
|
FOR OFFICIAL USE |
||||
|
AREA LENGTH/QUANTITY |
RATE |
AMOUNT ASSESSMENT COMMITTEE (1) |
CLAIMANT TENDER (2) |
OFFICIAL (DOL) (3) |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Signed: ……………………………………………. |
Date: ………………………………………… |
|
|
|
|
Notes |
|
|
(1) is the assessed figure |
|
|
(2) is the claimants figure which shall always be included |
|
|
(3) is the final figure after checking and approved by Department of Lands |
|
|
COMMON LAW LEASE PLAN |
|
|
Land Board ………………………………………………………… |
|
|
Date of Lease …………………………………………………….. |
|
|
Locality Sketch |
|
|
|
|
|
|
|
|
Site Plan (dimensions) |
|
|
|
|
|
|
|
|
Date: ………………………………………………… |
|
|
Prepared by: ………………………………………. |
|
|
Designation:. ………………………………………. |
|
INSPECTION REPORT |
|
PLOUGHING FIELDS |
|
Claimant ……………………………………………………………………………………………………………… |
|
User …………………………………………………………………………………………………………………… |
|
Address ………………………………………………………………………………………………………………. |
|
Location/Village …………………………………………………………………………………………………….. |
|
Date of Cultivation ………………………………………………………………………………………………….. |
|
Inspection Date …………………………………………………………………………………………………….. |
|
Land Board ………………………………………………………………………………………………………….. |
|
Total Area ……………………………………………………………………………………………………………. |
|
Type of Fencing and Length ……………………………………………………………………………………… |
|
Status and Description of Field …………………………………………………………………………………. |
|
Estimated Yields/Ha ………………………………………………………………………………………………. |
|
(a) Sorghum …………………………………………………………………………………………………….. |
|
(b) Millet …………………………………………………………………………………………………………. |
|
(c) Maize ………………………………………………………………………………………………………… |
|
(d) Ground Nuts ……………………………………………………………………………………………….. |
|
(e) Beans ……………………………………………………………………………………………………….. |
|
(f) Other ………………………………………………………………………………………………………… |
|
Signed: Claimant ………………………………………………… Date …………………………………….. |
|
Chairman: Assessment Committee …………………………. Date …………………………………….. |
|
BUILDING |
|
Claimant ……………………………………………………………………………………………………………. |
|
User …………………………………………………………………………………………………………………. |
|
Address …………………………………………………………………………………………………………….. |
|
Location/Village …………………………………………………………………………………………………… |
|
Date of Construction …………………………………………………………………………………………….. |
|
Inspection Date …………………………………………………………………………………………………… |
|
Land Board ………………………………………………………………………………………………………… |
|
Construction Details |
|
(a) Area ……………………………………………………………………………………………………. |
|
(b) Foundation …………………………………………………………………………………………… |
|
(c) Floors …………………………………………………………………………………………………. |
|
(d) Walls ………………………………………………………………………………………………….. |
|
(e) Doors and Windows ……………………………………………………………………………….. |
|
(f) Roof ……………………………………………………………………………………………………. |
|
(g) Accommodation …………………………………………………………………………………….. |
|
(h) Fence …………………………………………………………………………………………………. |
|
(i) Services ………………………………………………………………………………………………. |
|
(j) Condition ……………………………………………………………………………………………… |
|
(k) Other ………………………………………………………………………………………………….. |
|
Other Improvements |
|
Description ……………………………………………………………………………………………………….. |
|
………………………………………………………………………………………………………………………. |
|
………………………………………………………………………………………………………………………. |
|
Signed: Claimant …………………………………………………….. Date …………………………………. |
|
Chairperson: Assessment Committee ………………………….. Date …………………………………. |
(reg. 20)
|
SERVICE OFFERED |
CHARGES |
|
|
Application for land |
P50 |
|
|
Lost title |
P500 |
|
|
Copy of minutes and other related documents |
P10 per page |
|
|
Sketch plans |
Surveyed plot |
P50 |
|
Unsurveyed plot |
P300 |
|
|
Compliance certificate |
P100 |
|
|
Transfer application |
Sale/Donation |
P3000 |
|
Inheritance |
P200 |
|
|
Court Order |
P200 |
|
|
Application for advertised plots (Commercial, industrial, farm/ranch, civic or community, etc.) |
Ordinary |
P250 |
|
Youth, disabled and underprivileged |
P125 |
|
|
Framing of survey diagram |
P400 |
|
|
Beacon identification |
Ordinary plot (within built up area) |
P250 |
|
Agricultural holdings or ploughing fields |
P300 |
|
|
Ranch (base rate + distance/km) subsistence (all at government prevailing rates) |
P2580+distance/km subsistence |
|
|
Application for way-leave and servitude |
Less than 1km |
P300 |
|
1km-5km |
P500 |
|
|
5km and above |
P1000 |
|
|
Survey fee |
Residential |
P500 |
|
Civic and community, commercial, industrial |
P1000 |
|
|
Agricultural |
P1000 + distance/km subsistence |
|
|
Borehole |
P1000 + distance/km subsistence |
|
|
Plot subdivision |
P200 |
|
|
Plot consolidation |
P200 |
|
RENTALS |
||
|
LAND USE |
|
RENTALS |
|
Commercial plot |
Citizen |
P0.30/m>2>”/>/annum |
|
Non-citizen |
P0.75/m>2>”/>/annum |
|
|
Industrial plot |
Citizen |
P0.20/m>2>”/>/annum |
|
|
Non-citizen |
P0.50/m>2>”/>/annum |
|
Civic and community |
Place of worship |
P0.10/m>2>”/>/annum |
|
Airstrip |
P5000/annum |
|
|
School: Private |
P0.50/m>2>”/>/annum |
|
|
VDC/Council property |
P0.25/m>2>”/>/annum |
|
|
Recreational Space |
Non-commercial – P0.25/m>2>”/>/annum |
|
|
Commercial – P0.27/m>2>”/>/annum |
||
|
Dam |
P0.01/m>2>”/> (10 thebe per m>2>”/>)/ annum or P10000/Ha/annum (whichever is less) |
|
|
Undeveloped small agricultural holdings (dairy, horticulture, small stock farm, piggery, garden, integrated farm held under Common Law Lease) |
P1000+P1.00/Ha/annum |
|
|
Developed small agricultural holdings (dairy, horticulture, small stock farm, piggery, garden, integrated farm held under Common Law Lease) |
P1000+P1.00/Ha/annum |
|
|
Undeveloped game farm/livestock ranch |
P1000 + P1.00/Ha/annum |
|
|
Farm compliant to development covenant |
P1000 +P0.50/Ha/annum |
|
|
Farm allocated with developments |
P1000 + P1.00/Ha/annum + depreciation cost of development amortised over lease period |
|
|
Mining concessions areas |
P750 +P500/Ha/annum |
|
|
surface rights |
P0.12/m>2>”/>/month |
|
|
Residential plot: non-citizens |
|
P1000/annum |
<p class="QT-Table"