BWA- BA - INSTITUTIONAL SET-UP
PRECONDITIONS
Botswana / Preconditions
INSTITUTIONAL FRAMEWORK RELEVANT TO PRECONDITIONS
INSTITUTIONAL SETUP
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Section 3:
(1) A Land Board established under section 3 of the repealed Tribal Land Act shall continue to exist as a Land Board, as if established under this Act.
(2) A Land Board shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its own name and, subject to the provisions of this Act, performing such acts as bodies corporate, may by law, do or perform.
(3) Subject to the provisions of this Act a Land Board shall have power to do anything and enter into any transaction to facilitate the proper discharge of any function conferred or imposed upon it under this Act or which is necessary for, or incidental to, the attainment of the objectives of the Land Board.
Section 5:
(1) All the powers previously vested in a Land Board and a subordinate Land Board under the repealed Act in relation to land, including-
(a) the granting of rights to use any land;
(b) the cancellation of the grant of any rights to use any land;
(c) the imposition of restrictions on the use of tribal land;
(d) the authorising of any change of use of tribal land; or
(e) the authorising of any transfer of tribal land,
shall vest in and be performed by a Land Board acting in accordance with powers conferred on it by or under this Act.
(2) Notwithstanding the generality of the provisions of subsection (1) each Land Board shall-
(a) manage and administer all land within the area set out in the first column of Schedule 1 in relation to that Land Board, and may make and execute grants or other dispositions of any such land or any interest therein, subject to any conditions or restrictions as may be necessary;
(b) ensure the equitable distribution of land to citizens of Botswana in a manner that ensures sustainable development and the protection of natural resources;
(c) advise Government, whenever appropriate, in any matters relating to policies as may be necessary for, or incidental to, the attainment of the objectives of the Land Board;
(d) do all such things and perform all such functions as may be necessary for, or incidental or conducive to, the attainment of the objectives of the Land Board.
(3) A Land Board may, subject to the approval of the Minister, authorise any person in writing to exercise any of the powers conferred upon the Land Board by this Act.
(4) The authorisation referred to in subsection (3) shall be subject to such conditions and restrictions as may be prescribed by the Minister.
(5) During the formulation of policy relating to the exercise of its functions under this Act, a Land Board shall consult the District Council and Tribal Administration which have jurisdiction over the land administered by the Land Board.
Section 6:
The Minister may give a Land Board directions of a general or specific nature regarding the
exercise of its powers and the performance of its functions, which directions shall not be inconsistent with this Act or with the contractual or other obligations of the Land Board, and the Land Board shall give effect to any such directions.
Section 17:
(1) A Land Board secretary shall be the head of the administration of the relevant Land Board, and shall be responsible for the day-to-day administration of the Land Board.
(2) Notwithstanding the generality of the provisions of subsection (1), a Land Board secretary shall-
(a) provide advice on and interpret Government policies on land-related issues to ensure the formation of well guided decisions by the Land Board;
(b) implement all lawful decisions taken by the Land Board;
(c) enter into any business transactions that facilitate the proper discharge of the Land Board’s mandate;
(d) determine and define land use zones within the area of jurisdiction of the Land Board;
(e) determine and develop management plans, and give guidance on the use and development of each land use zone within the area of jurisdiction of the Land Board;
(f) supervise, monitor and co-ordinate the activities of all officers of the Land Board and ensure accountability and transparency in the management and delivery of the Land Board’s services;
(g) maintain law, order and security in the Land Board;
(h) have custody of all documents and records of the Land Board;
(i) litigate cases on behalf of the Land Board at the Land Tribunal and the relevant courts of law; and
(j) carry out any other duty that he or she may be assigned by any other law or by the chairperson of the Land Board from time to time.
(3) The staff of a Land Board shall be accountable to the Land Board through the secretary of the Land Board.
Section 3 (extract):
(1) There shall be designated a public officer to be the Director of Wildlife and National Parks, and there shall be within the public service such wildlife officers as are necessary for the purposes of this Act.
(2) The Director shall designate suitable wildlife officers to be licensing officers for the purposes of this Act.
Section 5 (extract); (2) The President may, by order published in the Gazette, declare any area of State Land or any land bequeathed or donated to him or to any other person, to be a national park, either on its own or adding it to an existing national park: Provided that the President shall not declare to be a national park or add to a national park any land so bequeathed or donated to any other person or persons, unless he is satisfied that such person has or all such persons have, as the case may be, consented thereto. Section 24(extract):
(1) Any owner of land or leaseholder, or any person authorized by the Minister for the purposes of this section, who wishes to farm or ranch game animals on the land he owns or occupies may apply therefor, in such form as may be prescribed, to the Director, and the Director may, in conformity with any land use plan, and with any other written law, and subject to the payment of such fees as may be prescribed, and such terms and conditions as he considers necessary or desirable, grant such permission in writing.
(2)(a) Any permission given in accordance with subsection (1) shall be for a period of not less than 10 years, and may be renewed, or, if the applicant is a leaseholder and the unexpired portion of his lease is less than 10 years, for the period of such unexpired portion.
(b) The Director shall cause notice of such permission to be published in the Gazette, and a notice shall be posted at the entrance, or the entrances, of the farm or ranch referring to such Gazette notice.
(3) Any permission given by the Director in accordance with subsection (1) may be withdrawn by him forthwith if the person to whom such permission is given is convicted of an offence under this Act, or contravenes any of the terms and conditions subject to which such permission was given.[...]
Section 39:
(1) Notwithstanding anything in this Act, the Director may, acting in accordance with such directions as may be given by the Minister, grant permits authorizing-
(a) the killing or capturing of any animal for the purposes of education or scientific research, providing specimens for museums, zoological gardens and similar institutions, or the breeding, farming or domestication of any animal;
(b) the killing or capturing of animals in the interests of the conservation, management, control or utilization of wildlife; or
(c) the selling of animals killed or captured under the authority of a licence or permit and the selling of any meat, trophy or eggs from such animals, where the Director is satisfied that such selling is in the interests of wildlife conservation and the proper regulation of commercial development connected with wildlife.
(2) The Director shall not grant a permit authorizing the killing or capturing of any animal in a national park, game reserve or sanctuary for any of the purposes mentioned in subsection (1), except only on the ground that, and where he is satisfied that, such killing or capturing is necessary for scientific purposes or for the protection of life or property, or in the interests of the conservation, management, control or utilization of wildlife.
(3) The Director may, acting in accordance with any instructions as may be given by the Minister, delegate any of the powers referred to in subsection (1)(c) to a licensing officer.
Section 32(extract):[...] (2) The Director may, after consultation with the appropriate local authorities and land boards, determine the number of animals of each species, or of a particular sex, that may be hunted during any season in any specified controlled hunting area, or any other specified area, and shall cause to be displayed a notice to this effect, at offices of the Department of Wildlife and National Parks, and at such other places as he may determine.
Section 3 (extract):
(3) The Director shall be the Scientific Authority and the Management Authority for the purposes of CITES in respect of animals, but may delegate his responsibilities as such Authorities under this Act to any other officer and or institution beyond the Department of Wildlife and National Parks subject to his won overriding control.
Section 3:
The Minister shall ensure consistency in the framing and execution of a comprehensive policy with respect to the use and development of all land in Botswana in accordance with development plans for Botswana prepared in accordance with the provisions of Part IV.
Section 4:
(1) There shall be a Director of Town and Country Planning for Botswana.
(2) Subject to the provisions of this Act, the Director shall—
(a) supervise and control the planning of land in planning areas;
(b) take charge of and preserve all records which were prior to the commencement of this Act, or may become after such date, records of the Department of Town and Country Planning;
(c) cause to be kept a register of persons registered to practice as physical planners in Botswana;
(d) when required to do so under this Act or in pursuance of an order of a court —
(i) register a physical planner orsuspend, from practice, a physical planner, and
(ii) remove, from the register, the name of a physical planner;
(e) cause to be published by notice in the Gazette, at the beginning of each year in January, a list containing the names, addresses and qualifications of all registered physical planners remaining on the register at the close of the previous year; and
(f) carry out any other duties assigned to him or her by the Minister.
Section 5:
(1) Every council is hereby appointed as a planning authority for its planning area.
(2) A planning authority shall appoint a Physical Planning Committee to deal with such matters as the planning authority may, in writing, delegate to it.
(3) The constitution and procedure of a Physical Planning Committee shall be in accordance with Schedule 1.
(4) The functions of a planning authority are —
(a) to determine applications for permission to develop land in terms of section 21;
(b) to advise the Minister on any matter within its knowledge or on which the Minister may seek its advice and, in particular, on the preparation or revision of development plans under Part IV; and
(c) to carry out any other duties as may be required in furtherance of the objectives of this Act.
Section 16:
(1) The Minister shall, where he or she considers it appropriate, declare, by Order published in the Gazette, any part of Botswana as a region for which a regional plan is required.
(2) Where a region covers more than one district, the Minister shall, in writing, appoint a Regional Planning Advisory Committee which shall be responsible for advising the Minister on —
(a) the preparation of a regional plan;
(b) the revision of a regional plan; and
(c) the implementation of a regional plan.
(3) A Regional Planning Advisory Committee shall consist of persons who have an interest or special knowledge in matters relating to town and country planning.
Section 2 (extract):
"land board" means a land board established by Section 3 of the Tribal Land Act
"subordinate land board" means a subordinate land board established under the provisions of Section 19 of the Tribal Land Act
Section 3 (extract):
(1) There is hereby established a Board to be known as the Agricultural Resources Board.
Section 4 (extract):
(2) The Board shall co-opt the Chief Game Warden to participate as a member in meetings at which questions affecting game or wild life or affecting any area of land declared to be a game reserve or sanctuary under the Wildlife Conservation and National Parks Act are discussed or considered; and in relation to such questions the Chief Game Warden shall when so co-opted be entitled to vote as if he were a member.
(3) The Minister shall appoint a public officer as Secretary of the Board.
Section 9 :
The functions of the Board shall be-
(a) to exercise supervision as provided in this Act over the agricultural resources of Botswana;
(b) to advise the Minister regarding-
(i) matters relating to the general supervision of all agricultural resources;
(ii) the nature of legislation necessary to secure or promote the proper conservation, use and improvement of agricultural resources;
(iii) the means of stimulating public interest in the proper conservation, use and improvement of agricultural resources;
(c) to carry out of its own motion or at the direction of the Minister investigations of or enquiries into any matter related to the conservation, use or improvement of agricultural resources;
(d) to issue conservation orders and stock control orders, and to make conservation regulations in accordance with the provisions of this Act;
(e) to give directions to any owner or occupier of land to ensure that an order or regulation issued or made under the provisions of this Act is complied with;
(f) to construct on any land such works as it deems necessary for conservation purposes;
(g) to give to any conservation committee or subordinate conservation committee directions concerning the policy to be followed by it in the exercise of its functions under this Act; and
(h) after consultation with any land board established by the Tribal Land Act, and with the district council within whose area the tribal area in respect of which such land board is established is situated, to give to such land board directions concerning the proper use of any land within such tribal area, Provided that the Board shall have no powers over any land constituted as a national park in terms of the Wildlife Conservation and National Parks Act.
Section 11:
The President may give the Board directions regarding the policy to be followed in the exercise of its functions under this Act.
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Section 12 (extract):
(1) Subject to the provisions of this Act, the Land Board may regulate its own proceedings.
(2) Upon giving notice, in writing, of not less than 14 days, a meeting of a Land Board may be called by the chairperson, but if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon the giving of a shorter notice.
(3) The notice referred to under subsection (2) shall state-
(a) the place and time for the meeting; and
(b) the agenda for the meeting.
[...]
(5) The Land Board secretary shall cause to be recorded and kept minutes of all the proceedings of the meetings of the Land Board.
Section 13 (extract):
(2) A decision of a Land Board on any question shall be by the majority of the members present and voting at the meeting and, in the event of an equality of votes, the member presiding shall have a casting vote in addition to that member’s deliberative vote.
(3) A decision of a Land Board shall not be rendered invalid by reason of a vacancy on the Land Board or the fact that a person who was not entitled to sit as a member did so sit.
Section 27.
(2) A grant under this section shall be in the form of a written agreement executed on behalf of a Land Board by the chairperson or secretary thereof duly authorised thereto by resolution of the Land Board.
Para 50 (extract):Specifically the policy: […]ii. Promote access, equity, efficiency, land rights security, and transparency in land management and administration.
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Section 10 (extract):
(1) Subject to the provisions of this section, the Ombudsman may investigate any action taken by or on behalf of a —
(a) department of Government, in the exercise of administrative functions of that department –
(i) in any case where a complaint is made to the Ombudsman
by a person who claims to, or
(ii) on his or her own motion where he or she considers it necessary to investigate the action on the ground that a person has or may, have sustained injustice or unfair treatment in consequence of maladministration in connection with the action so taken; or
(b) department of Government or private entity –
(i) in any case where a complaint is made to the Ombudsman
by a person who claims to, or
(ii) on his or her own motion where he or she considers it
necessary to investigate the action on the ground that a
person has or may, have sustained violation of his or her human rights in consequence
of the action so taken.
(2) The Ombudsman may take appropriate action to call for
the remedying, correction and reversal of instances specified in subsection (1) through fair, proper and effective means, including —
(a) mediation, arbitration, negotiation, conciliation and compromise between the parties concerned; and
(b) causing the complaint and a finding on it, to be reported to the principal officer of any department of Government or a private entity and to a person who is established to have taken or authorised the action in question.
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Short title
An Act to establish a Land Tribunal and to provide for matters incidental thereto or connected therewith.
Section 7:
( 1) A Land Tribunal shall have jurisdiction to -
(a) hear and deterrrune a land dispute properly before it; and ·
(b) hear appeals and review decision of a public body concerning land.
(2) Without prejudice to the generality of subsection (1), such jurisdiction shall include the power to generally give such directions and do such things as may be necessary or expedient for the expeditious and just hearing and deterrrunation of any land dispute before it.
(3) A public body wishing to enforce any of its decisions may make an application to do so, in writing, to the Land Tribunal.
(4) A Land Tribunal, after giving all parties to the dispute an opportunity to appear before it and present arguments or evidence, may -
(a) uphold the decision of a public body;
(b) reject it or amend it as it deems fit, and shall thereafter cause the decision of the public body, if upheld, or as amended, to be enforced as a decision of the Land Tribunal.