Monument and Relics Act (Chapter 59:03)

Monuments and Relics Act [Chapter 59:03]
Section 2 (extract) : In this Act, unless the context otherwise requires - [...]
"national value" means value to the cultural or natural heritage of Botswana."
"monument" includes- (a) any ancient monument; (b) any recent historic monument; (c) any area of land which is of archaeological or historical interest or contains objects of such interest; (d) any area of land which has distinctive scenery or a distinctive geological formation; (e) any area of land containing rare or distinctive flora; (f) any cave, rock shelter, grove of trees, tree, old structure or other object or article, whether natural or constructed by man, of aesthetic, archaeological, historical or scientific value or interest, other than a relic; or (g) any waterfall; "relic" means any- (a) fossil; (b) meteorite; (c) drawing, painting or carving on stone or petroglyph executed in Botswana before 1st June, 1902; (d) artefact, implement or ornament of aesthetic, archaeological, anthropological, historical or scientific value made or used in Botswana before 1st June, 1902; (e) any stone tool, bone, pottery or any other anthropological or archaeological contents of any ancient monument or ancient working; or (f) any treasure trove discovered in Botswana;

National Arts Council of Botswana Act, 2020

National Arts Council of Botswana Act 10 of 2020
Section 2 (extract): In this Act, unless the context otherwise requires - [...] "culture" includes the whole complex of distinctive, spiritual, material, intellectual and emotional features that characterise a society or social group and further includes not only the arts and letters, but also modes of life, the fundamental rights of the human being, value systems, traditions and beliefs" [...]

National Cultural Policy

National Cultural Policy
Para 2.0 (extract): Definition of culture
[...] Culture in the context of this Policy is understood here to be the whole complex of distinctive, spiritual, material, intellectual and emotional features that characterise a society or social group. It includes not only the arts and letters, but also modes of life, the fundamental rights of the human being, value systems, traditions and beliefs.

Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)

Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011
Article 1 (extract): For the purposes of this Treaty : [...]
“Cultural Heritage Resources” means any physical and spiritual property associated with human use, cultural and historical activities as well as intangible culture such as folklore and interpretative arts such as storytelling and drama; [...]

Monument and Relics Act (Chapter 59:03)

Monuments and Relics Act [Chapter 59:03]
Section 9: (1) The Minister may, after consultation with the Commissioner, enter into a written agreement with the owner of any national monument, recent artefact, recent historic monument or protected heritage area, for its protection or preservation.
(2) An agreement under this section may provide for any of the following matters-
(a) the maintenance of the national monument, recent artefact, recent historic monuments or protected heritage area;
(b) the custody of the national monument, recent artefact, recent historic monument or protected heritage area, and the duties of any person who may be employed in connection therewith;
(c) the restriction of the owner's right to destroy, alter, deface or build on or near any such national monument, recent artefact, recent historic monument or protected heritage area;
(d) the restriction of the owner's right, in the case where the national monument, recent artefact or recent historic monument is moveable to remove any such national monument, recent artefact or recent historic monument from its site;
(e) the terms of access to be permitted to the public or to any portion thereof, and to persons deputed by the owner or Minister to inspect or maintain the national monument, recent artefact, recent historic monument or protected heritage area;
(f) the notice to be given to the Minister in case the land on which, or where the national monument, recent artefact, recent historic monument or protected heritage area is situated, is offered for sale by the owner, and the right to be reserved to the Minister to purchase such land or any specified portion of such land at its market value and to acquire rights of access thereto;
(g) the payment of any expense incurred by the owner or the Minister in connection with the protection or preservation thereof;
(h) the procedure for resolving any dispute arising out of the agreement;
(i) any matter connected with the protection or preservation thereof which is the proper subject of agreement between the owner and the Minister; or
(j) the removal of the national monument, recent artefact or recent historic monument, if movable, to a place of safe custody.
(3) The terms of an agreement under this section may be altered from time to time by agreement, in writing, between the parties.
(4) An agreement under this section shall be expressed to endure either for a specified period or in perpetuity.
(5) If it is expressed to endure for a period of 10 years or more or in perpetuity, and it relates to any national monument, recent artefact, recent historic monument or protected heritage area, provided any such national monument, recent artefact or recent historic monument is not a movable object, the agreement shall on the application of the Minister, be registered in the Deeds Registry, without fee or other charge, against the title to any land in or upon which it is situated.
(6) An agreement under this section, notwithstanding that it is not registered, shall be binding on any person claiming to be the owner of the national monument, recent artefact, recent historic monument, protected heritage area or land to which it relates, through or under a party by whom or on whose behalf the agreement was executed.
(7) For the purposes of this section an owner under legal disability may be represented by any person legally competent to act on his behalf.
Section 10 : (1) The Minister may, after consultation with the Commissioner, by order published in the Gazette, declare any monument, relic or recent artefact to be a national monument: Provided that at least one month before the declaration as a national monument of any monument, relic or recent artefact which is not owned by the State, the Minister shall notify the owner thereof in writing that he proposes so to declare the monument, relic or recent artefact, and such owner may lodge with the Minister objections in writing to the proposed declaration.
(2) Land on which a national monument is situated shall not be used for purposes other than the protection and preservation of the national monuments, without the Minister's prior written approval.
(3) No development of land within one kilometre of any national monument shall take place without the Minister's prior written approval, which approval shall not be granted unless the Minister is satisfied that-
(a) such development will not be incompatible with the preservation of the national monument; or
(b) it is in the national interest for such development to be undertaken.
(4) The relevant land board, council or other land authority, as the case may be, for the area in which the national monument is situated, shall advise the Commissioner of any developments that are likely to interfere with the monument's integrity, setting or atmosphere.
Section 11: The Minister may, after consultation with the Commissioner, by order published in the Gazette, declare-
(a) any structure, of national value, which was erected, constructed or used in Botswana after 1st June, 1902, a recent historic monument;
(b) any building, of national value, which was erected, constructed or used in Botswana after 1st June, 1902, an historic building;
(c) any drawing, painting, carving, ornament, implement, stone tool, bone, pottery, or any other artefact, of national value, that was made or used in Botswana after 1st June, 1902, a recent artefact; or
(d) an area of land or region-
(i) of national value; or
(ii) containing one or more national monuments, monuments or sites, or a combination thereof, if the Minister considers it necessary in order to preserve the authenticity or integrity of the national monuments, monuments or sites, or the surrounding setting or atmosphere thereof, as a protected heritage area.

Tourism Development Fund Order

Tourism development fund order (section 38), 2 February 2018
Para 4 (extract): The purpose of the Fund is to- […]
(f) preserve and restore Botswana’s culture and heritage and encourage activities to take place around Botswana’s culture and heritage product.

Monuments and Relics Regulations

Monuments and Relics Regulations
Regulation 5: (1) For better management, a national monument, monument and site shall be graded according to the following criteria
(a) Grade 1: National monument, monument, site, historic building, artefact and relic with an exceptional quality and value of a national, international or universal significance, which fulfil any of the following'
(i) outstanding significance in the settlement history, development and history of the nation of Botswana, and contributing to the understanding of humanity,
(ii) historic building or structure inculcating memories of political, economic or social development of Botswana, or showing the unique traditional workmanship, which is of national and international value,
(iii) historic building or group of buildings representing a particular style or architecture in urban development, both at national and international level,
(iv) outstanding value and symbolic importance that can promote understanding and reconstruction of human evolution, ancient life or environment, at national and international level,
(v) authentic and outstanding aesthetic value,
(vi) outstanding natural scenic beauty and scientific value,
(vii) endemic or rare species that can be a window for understanding evolution, biogeography and biodiversity at national and international level,
(viii) rare geological phenomena that can help in understanding the earth or the universe history and evolutionary trends, or
(ix) authentic design, workmanship, diminished culture or intangible heritage;
(b) Grade 2: Monument, site, historic building and relic with a special quality that make them significant within a specific region or district, and that'
(i) enhances the scientific, historical, cultural and social understanding of a region or district,
(ii) has a rare biodiversity in a region or a district,
(iii) represents important design, workmanship or diminished culture in region,
(iv) is a historic building or structure inculcating memories of political, economical or social development of Botswana, or showing unique traditional workmanship in a region or a district,
(v) represents ideas and values of the past and present societies that are important regionally or within a district,
(vi) partially fulfil one or more terms of Grade 1, or
(vii) is of economic or tourism value regionally or within a district; and
(c) Grade 3: Monument, site, historic building and relic that are worthy of conservation and are significant locally, that is, within a specific town or village, and which'
(i) partially fulfil one or more terms of Grade 1,
(ii) partially fulfil one or more terms of Grade 2,
(iii) is significant to the history of a particular area or community, or
(iv) is of economic and tourism value locally.
(2) An inspector shall formulate a conservation and management plan for a national monument, monument, historic building, site, artefact or relic under the custody of the Commissioner.
(3) The conservation and management plan made under subregulation (2) shall be formulated to guide the daily management of, and co-ordinate tourism development activities on the national monument, monument, historic building, site, artefact or relic.
Regulation 6:
(1) The Commissioner may initiate a proposal to the Minister for declaration of a monument, artefact or relic as a national monument.
(2) Members of the public may propose to the Commissioner, a monument, artefact or relic for declaration as a national monument.
(3) The description of a monument, artefact or relic for declaration as a national monument shall include'
(a) the name and location of the monument, artefact or relic;
(b) the name of the owner of the monument, artefact or relic, if privately owned, or the name of the owner of the private property, if it is located in a private property (including a signed consent by the owner and contact details);
(c) the type and size of the monument, artefact or relic;
(d) the significance and value of the monument, artefact or relic;
(e) a copy of a 1:50 000 topographical map showing the exact location of the monument, artefact or relic;
(f) Global Positioning System co-ordinates with latitudes and longitudes properly recorded;
(g) drawings or sketches, photographs and any other information that may assist the Commissioner in assessing the proposal;
(h) details as to the regional, national or international value of the monument, artefact or relic;
(i) evidence for consultation with the community regarding the proposal to enlist the monument, artefact and relic as a national monument; and
(j) conservation status and any possible future threat.
(4) The Commissioner shall, after proposals have been made, recommend to the Minister a list of monuments, artefacts and relics proposed for declaration as national monuments.

Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY)

Treaty between the Government of the Republic of Angola, the Government of the Republic Botswana, the Government of the Republic of Namibia, the Government of the Republic of Zambia, and the Government of the Republic of Zimbabwe on the establishment of the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA TREATY), 2011
Article 2 (extract): 1. By this Treaty, the Partner States establish the Kavango Zambezi Transfrontier Conservation Area (KAZA TFCA) for the primary purpose of harmonizing policies, strategies and practices for managing shared Natural Resources that straddle the international borders of the five (5) Partner States and deriving equitable socioeconomic benefits through the Sustainable Use and development of their Natural and Cultural Heritage Resources. […]
Article 5 (extract): […] d. recognise that the right to utilize Natural and Cultural Heritage Resources carries with it the obligation to do so in a responsible manner so as to ensure effective Conservation and management for posterity; […]
Article 6 (extract): 1. The KAZA TFCA specific objectives shall be to :
a. maintain and manage the shared Natural and Cultural Heritage Resources and biodiversity of the KAZA TFCA to support healthy and viable populations of wildlife species; […]
e. develop and implement programmes that shall enhance the Sustainable Use of Natural and Cultural Heritage Resources to improve the livelihoods of Local Communities within and around the KAZA TFCA and thus contribute towards poverty reduction; […]
h. promote and facilitate the harmonisation of relevant legislation, policies and approaches in Natural and Cultural Heritage Resources management across international borders and ensure compliance with international protocols and conventions related to the protection and Sustainable Use of species and ecosystems;
i. build capacity for and within the KAZA TFCA through training, enterprise development and mentoring programmes thus increasing the skills and knowledge associated with the management of Natural and Cultural Heritage Resources and facilitate stakeholder participation in the KAZA TFCA planning and development processes; […]
Article 12 (extract):
[…] 3. The Committee of Senior Officials shall be responsible for: […] g. providing overall policy guidance and direction on all matters related to the KAZA TFCA management ranging from stakeholder consultation to Natural and Cultural Heritage Resources management, socio-economic matters, immigration, safety and security and other matters as appropriate; […]

National Development Plan 11 (April 2017 – March 2023)

National Development Plan 11 (April 2017- March 2023)
Para 7.75: In view of the importance of cultural heritage preservation to sustainable development, the Government will continue to promote its utilisation, with a view to empowering communities living around the monuments. During NDP 11, more heritage sites will be developed and utilised to promote the tourism sector. Better management practices will also be explored to enable the communities to utilise the heritage sites in a sustainable manner. To achieve the goal of sustainable management of heritage sites, Government will intensify public education and awareness as well as stakeholder engagement. The management plans will be implemented to enhance the utilisation of the heritage sites, while existing ones will be reviewed and updated, where necessary.

Tourism policy

Tourism Policy, 2021
Para 4.22: The development of culture and heritage monuments plays a key role in diversifying the tourism product base. The following interventions are thus necessary:
i. Development of a National Master Plan for the conservation and management of heritage sites.
ii. Formulation of management plans and regular inspection of monuments.
iii. Provision of adequate information of all the sites including installation of signage for all the heritage sites.
iv. Provide funds and build capacity for the listing of Botswana’s sites on the World Heritage List in order to grow tourism.
v. Intensify research on heritage sites to assist in their marketing.

Monument and Relics Act (Chapter 59:03)

Monuments and Relics Act [Chapter 59:03]
Section 14 (extract): (1) The Minister may, after consultation with the Commissioner, acquire rights of access for members of the public and for persons exercising functions under this Act, to any national monument situated on land not owned by the State, both across such land and across any adjoining or adjacent land for payment to the owner thereof and to any other person having an interest therein or right thereover of a sum of money to be agreed as fair and reasonable compensation, or failing agreement, upon payment of such sum as may be determined by the High Court on application made by the Minister.
(2) The right conferred by subsection (1) may only be exercised in order to secure the utilisation of the national monument as part of the natural or cultural heritage of Botswana for the benefit of the community. [...]

National Cultural Policy

National Cultural Policy
Para 5.1: Identify and promote elements of the traditional culture and integrate them into the contemporary culture and modern life in order that Botswana’s evolving culture will embody its historical past and present manifestations.
Para 5.2: Create a conducive environment for cultural preservation and participation by all the people of Botswana, in the form of :
- infrastructure
- programmes and services
Para 5.3: Preserve and protect the cultural heritage by caring for and expanding historical monuments and sites, museums, archives and library collections, artistic and intellectual property.
Para 5.4: Recognise and strengthen the interrelationship between culture, science and technology, education, health etc, to ensure that all educational programmes will be strongly founded on Botswana cultural ideals.
Para 5.8: Institutionalise mechanisms for consultation and collaboration between and among organs within the Government systems which have responsibility for culture related matters; and also between Government and Non-Governmental Organisations or individuals who in one-way or another give support to cultural programmes.

Monument and Relics Act (Chapter 59:03)

Monument and Relics Act [Chapter 59:03]
Section 3 (extract): (1) Subject to the laws governing the public service the Minister shall appoint-
(a) an officer in the public service to be Commissioner of Monuments and Relics;
(b) one or more officers in the public service to be inspectors of monuments;
(c) such other officers as may be necessary for the purposes of this Act. [...]
Section 4: (1) The Minister may, by notice published in the Gazette, appoint honorary officers for the purpose of assisting in the carrying out of the provisions of this Act and the regulations made thereunder.
(2) The Minister shall appoint as honorary officer, a person who-
(a) is a member of the community where the monument is situated; and
(b) is knowledgeable about the history of the monument.
(3) An honorary officer shall have such powers as may be prescribed, which shall not exceed the powers conferred upon an Inspector of Monuments by this Act and the regulations made thereunder.
(4) An honorary officer shall hold office for a period of three years unless the appointment is sooner revoked, and shall be eligible for re-appointment. Section 5: A custodian shall preserve and protect from interference any national monument, monument, relic, recent artefact or protected heritage area assigned to his custody by the Commissioner.
Section 6: An Inspector shall-
(a) report, in writing, to the Commissioner-
(i) any monument, relic or recent artefact, not being a national monument, of which he becomes aware, the declaration of which as a national monument or the control or custody of which may be considered desirable by the State;
(ii) any building or structure of national value, which was erected, constructed or used in Botswana after 1st June, 1902, of which he becomes aware, the declaration of which as a historic building or the control or custody of which may be considered desirable by the State;
(iii) any drawing, painting, carving, ornament, implement, stone tool, bone, pottery, or any other artefact, of national value, which was made or used in Botswana after 1st June, 1902, of which he becomes aware, the declaration of which as a recent artefact or the control or custody of which may be considered desirable by the State;
(iv) any area or region containing one or more national monuments, monuments or sites, the declaration of which area or region as a protected heritage area may be considered desirable by the State;
(b) when required by the Commissioner, investigate and report upon any matter relating to-
(i) any national monument, monument, relic or recent artefact and upon the desirability of declaring any monument, relic or recent artefact as a national monument;
(ii) any building or structure of national value, which was erected, constructed or used in Botswana after 1st June, 1902, and upon the desirability of declaring any such building as an historic building;
(iii) any drawing, painting, carving, ornament, implement, stone tool, bone, pottery, or any other artefact, of national value, which was made or used in Botswana after 1st June, 1902, and upon the desirability of declaring it as a recent artefact;
(iv) any area or region and upon the desirability of declaring such area or region as a protected heritage area;
(c) secure the utilisation of any national monument, monument, relic, recent artefact or protected heritage area as part of the cultural or natural heritage of Botswana for the benefit of the community; and
(d) undertake such other functions as the Commissioner may direct.
Section 7: The Commissioner shall-
(a) receive reports from inspectors on-
(i) any national monument, monument or relic, of which they become aware;
(ii) any matter relating to any building of national value, which was erected, constructed or used in Botswana after 1st June, 1902, and upon the desirability of declaring any such building as a historic building;
(iii) any matter relating to any structure of national value, which was erected, constructed or used in Botswana after 1st June, 1902, and upon the desirability of declaring any such structure as a recent historic monument;
(iv) any matter relating to any drawing, painting, carving, ornament, implement, stone tool, bones, pottery, or any other artefact whatsoever, of national value, that was made or used in Botswana after 1st June, 1902, and upon the desirability of declaring it as a recent artefact;
(v) any area or region which it may be desirable to declare as a protected heritage area;
(b) instruct inspector to investigate and report upon any matter relating to-
(i) any national monument, monument, relic or recent artefact and upon the desirability of declaring any monument, relic or recent artefact as a national monument;
(ii) any area or region and upon the desirability of declaring such area or region as a protected heritage area;
(c) recommend to the Minister, the declaration of any-
(i) monument, relic or recent artefact as a national monument;
(ii) region or area as a protected heritage area;
(d) recommend to the Minister, the negotiation or conclusion of agreements for-
(i) the acquisition, in terms of section 13, of any national monument, monument, relic, recent artefact or protected heritage area;
(ii) the protection or preservation, in terms of section 9, of any national monument,monument, relic, recent artefact or protected heritage area;
(e) undertake, with the written permission of the Minister, the excavation or exploration of any national monument, monument, relic or recent artefact owned by the State or in respect of which the Minister has concluded with the owner an agreement permitting such excavation or exploration;
(f) in the case of any national monument, monument, relic, recent artefact or protected heritage area owned by the State or in respect of which the Minister has concluded, with the owner, an agreement for its protection or preservation, do or authorise to be done any act, not inconsistent with any agreement that may be applicable, which he considers necessary for its investigation, protection or preservation;
(g) cause tablets, plaques and other identification notices to be erected in suitable places giving information about events which have occurred at or near such places;
(h) compile a register of all national monuments, recent historic monuments, recent artefacts, protected heritage areas and of such other monuments or relics as have been brought to his notice;
(i) compile a register of all national monuments, monuments, relics, recent artefacts or protected heritage areas which have been acquired for the State;
(j) advise the Minister on the exercise of the Minister's functions under this Act;
(k) assign to inspectors such further functions as he may deem fit for the purpose of assisting him in discharging his functions under this Act;

Monuments and Relics Regulations

Monuments and Relics Regulations
Regulation 3: (1) In accordance with section 4(3) of the Act, an honorary officer shall have the power to'
(a) report to the Commissioner, any vandalism of a monument, site, artefact or relic in his area of jurisdiction; and
(b) interrogate or question anyone who carries out any activity in a monument or site in his area of jurisdiction, and submit any information obtained from such interrogation or questioning to the Commissioner, or the Police where the honorary officer deems it necessary to do so.
(2) An honorary officer shall have the responsibility to'
(a) report to the Commissioner, any discovery of a monument, artefact or relic in his area of jurisdiction to be declared a national monument, including chance discovery during construction;
(b) report to the Commissioner, any interest by the community and the general public on declaration of a monument, artefact or relic as a national monument;
(c) identify any person who shall benefit in the adoption of a monument, site, artefact or relic in their area;
(d) collaborate with the Commissioner to raise awareness on, and funds for, the maintenance of a monument, site, artefact or relic;
(e) report to the Commissioner, any actual or potential threat posed by any development to, and lack of implementation of specific activities to manage, the monument, site, artefact or relic; and
(f) report to the Commissioner, any person who removes any artefact or relic, or any part thereof, from their original site, without the Minister's written permission issued under section 18(1) of the Act.
Regulation 4: (1) A custodian shall ensure the protection and maintenance of a monument, site, artefact and relic assigned to the custodian in terms of the management programs.
(2) A custodian shall, with the assistance of an honorary officer, report to the Commissioner any'
(a) discovery of a monument, site, artefact or relic in his area, including a discovery made during a construction;
(b) interest by the community and the general public on the declaration of a monument, artefact or relic as a national monument;
(c) vandalism of a monument, site, artefact and relic, and any threat to the monument, site, artefact and relic by a development, including indication for lack of implementation of management programs for such monument, site, artefact and relic; and
(d) person who removes any artefact or relic, or any part thereof, from their original site, without the Minister's written permission under section 18(1) of the Act.

Monument and Relics Act (Chapter 59:03)

Monuments and Relics Act [Chapter 59:03]
Section 17: (1) No person shall, without the written permission of the Minister, given after consultation with the Commissioner, and after making such enquiries as he may deem fit- (a) conduct any archaeological research; (b) excavate or expose relics or artefacts under the soil, or map, trace or touch rock paintings; or (c) if he receives such permission, conduct archaeological research contrary to any condition which may be imposed in such permission or which may be prescribed.
(2) A person who contravenes the provisions of subsection (1) commits an offence and is liable upon conviction to a fine not exceeding P10 000 or to imprisonment for a term not exceeding 1 year, or to both.
(3) The permission of the Minister in terms of subsection (1), shall not be deemed to authorise the entry of any person upon any land, other than State land, without the permission of the owner or lawful occupier thereof.
Section 19: (1) For the purposes of this section:
"pre-development archaeological impact assessment" means-
(a) the study, by an archaeologist, of an area in which development or any ground disturbing activity is to be carried out, to determine the likelihood of the development or activity impacting negatively on any cultural material or evidence that may be present in the area to be disturbed; and
(b) any recommendation made by the archaeologist on how to prevent or mitigate any negative impact to the cultural material or evidence referred to under paragraph (a); and
"environmental impact assessment study" means the study of an area in which development or any ground disturbing activity is to be carried out, to-
(a) determine the possible extent of damage to the natural environment;
(b) determine means to-
(i) preserve as far as is possible, the natural environment;
(ii) minimise and control waste or undue loss of or damage to natural and biological resources;
(iii) prevent, and where inevitable, promptly treat pollution or contamination of the environment.
(2) Both an archaeological pre-development impact assessment study and an environmental impact assessment study, shall be caused to be done by any person wishing to undertake major development, such as construction or excavation, for the purposes of mineral exploration and prospecting, mining, laying of pipelines, construction of roads or dams, or erection of any other structure, which will physically disturb the earth's surface.
(3) A report from the studies conducted in terms of subsection (2), shall be furnished to the Commissioner within 60 days of completion of both studies, together with a written application for the development of the area in which the studies have been conducted.
(4) No person shall, without the written permission of the Commissioner, which permission may be given only after the Commissioner has considered the report, and which permission shall include such conditions, if any, as the Commissioner deems necessary, commence such development, or undertake such development contrary to any such condition as may be
imposed.
(5) A person who contravenes subsection (4) commits an offence and is liable upon conviction to a fine not exceeding P10 000 or to imprisonment for a term not exceeding 1 year, or to both.
(6) Any permission, given in terms of this section, may at any time be withdrawn if any person has, in an application to the Commissioner for his permission, knowingly made any statement which is false in any material particular or supplied therewith any report, drawing or photograph which is false in any material particular.
(7) Where a development has been undertaken without the written permission of the Commissioner, or where such permission has been withdrawn, and the excavation or construction is suspended in terms of section 12(2)-
(a) no damages, including consequential damages, of any kind, shall be payable by the State in respect of the suspension; and
(b) any extra archaeological salvage costs, being costs that would not have been necessary had the salvage work been done before the development had commenced, shall be borne by the person who has undertaken such development.

Monuments and Relics Regulations

Monuments and Relics Regulations
Regulation 12: (1) An application for a research permit shall be made in Form G set out in Schedule 1, and upon approval, the Minister may issue a permit in Form H set out in Schedule 1.
(2) A person shall not pass to a third party any collected artefact without the permission of the Minister, and shall adhere to the requirements and conditions for the removal or export of the collected artefact in accordance with section 18 of the Act.
(3) Any person who has a permit to access a private property for purposes of research shall do so with prior written approval of the owner of that property.
(4) A research proposal shall be submitted by such person to the Commissioner for approval.
(5) A research method employed under this regulation shall be in accordance with a research proposal approved by the Commissioner.
(6) A researcher shall, when carrying out a research on a monument, site or collected artefact'
(a) properly record the monument, site or collected artefact in a field record sheet;
(b) map the monument or site using Global Positioning System; and
(c) give the monument, site or collected artefact arbitrary numbers.
(7) Where the Commissioner finds the research method to be destructive, a preliminary environmental impact assessment made by the researcher, in accordance with the provisions of the Environmental Assessment Act (Cap. 65:07), shall precede that research.
(8) A researcher shall submit to the Commissioner and the relevant institutions, a progress report of each stage of the research process within two months of the completion of each stage.
(9) The Commissioner may, by Notice, cause the results of the final report of a research to be published in the newspaper or Gazette, and displayed in a conspicuous manner at the Department offices.
(10) Upon publication of the results, the researcher shall deposit at least one copy of the published results with the Commissioner within six months of the publication.
(11) The Minister may refuse to grant any future applications made by a researcher, where that researcher fails to comply with the provisions of subregulations (8), (9) or (10).
(12) For the purposes of subregulation (7), "destructive" means a research method that allows for an artefact to be destroyed for the efficient micro-analysis of a specimen.

National Cultural Policy

National Cultural Policy
Para 6.7: Research involves the collection, collation, analysis and presentation of data, which can provide a base upon which development programmes and strategies can be articulated. Inventory of national heritage is an important aspect of national heritage, and actually facilitate research in the longterm.
Strategies
a) compile an inventory of all aspects of national heritage;
b) conduct scientific, artistic, historical, archaeological, anthropological and ethnographic studies;
c) establish a national culture research committee to appraise and evaluate permits for conducting research;
d) set up a research fund for use by local scholars and film makers interested in studies, research and film making relating to culture;
e) produce and review periodically a directory of research concerning all cultural research that has been undertaken in Botswana.

Monument and Relics Act (Chapter 59:03)

Monument and Relics Act [Chpater 59:03]
Section 12: (1) The discovery of any monument, artefact, relic or any other discovery of an archaeological nature, shall be notified in writing to the Commissioner without delay by the discoverer, and also by the owner or occupier of the land upon which such discovery is made, as soon as such discovery comes to his notice.
(2) Any person who makes such discovery in the course of any excavation or construction shall immediately suspend such excavation or construction until the Commissioner has directed-
(a) whether the excavation or construction may proceed; and
(b) if so, when and the manner in which the excavation or construction may proceed.
(3) The Commissioner shall, without unreasonable delay, give such directions.
Section 21: (1) The Monuments and Relics Fund established under section 15 of the repealed Monuments and Relics Act, shall continue in existence under this Act, and shall comprise-
(a) moneys allocated by the Government for the acquisition, administration, excavation, protection, repair or improvement of national monuments, monuments, protected heritage areas, relics or recent artefacts, or to promote the knowledge and study thereof or public interest therein;
(b) moneys contributed by any person to the fund for any of the said purposes;
(c) moneys contributed by any person to the Government for any of the said purposes.
(2) The Commissioner shall be responsible, under the supervision of the Minister, for the management and administration of the Fund, and shall keep proper accounts of the Fund and other records in relation thereto, and shall prepare in respect of each financial year a statement of accounts showing in detail the assets, liabilities, revenue and expenditure of the Fund in a form which shall conform with the best commercial standards.
(3) No payment in excess of P5 000 shall be made from the Fund except upon the authority of the Minister: Provided that the Minister may delegate to the Commissioner authority to pay recurrent and
periodical administrative expenses in excess of P5 000.
(4) The Minister may, in his discretion, sanction payments from the Fund for any of the
purposes mentioned in subsection (1), which, without prejudice to the generality thereof, may
include-
(a) the protection of national monuments and of monuments, protected heritage areas, relics and recent artefacts from damage of any kind, including their fencing and repair;
(b) the payment of wages and remuneration to custodians;
(c) the investigation, exploration and excavation of national monuments and of monuments, relics and artefacts; or
(d) the provision of signs at sites of national monuments, monuments, relics, recent artefacts and protected heritage areas, and on roads and routes leading thereto.
(5) The Commissioner shall within four months after the end of each financial year, prepare, sign and submit to the Auditor-General, an account of the Fund in respect of that financial year containing such information and in such form as the Minister may direct.
(6) The Auditor-General shall, as soon as he has completed his examination of the accounts and statements submitted to him, submit them together with his certificate thereon, to the Accountant-General who shall within four weeks after their submission to him, submit them together with the Auditor-General's certificate thereon, to the Minister.
(7) The Minister shall, within 30 days after the submission to him of the accounts and statements in accordance with subsection (6), lay them, together with the Auditor-General's certificate thereon, before the National Assembly.

Monuments and Relics Regulations

Monuments and Relics Regulations
Regulation 5: (1) For better management, a national monument, monument and site shall be graded according to the following criteria'
(a) Grade 1: National monument, monument, site, historic building, artefact and relic with an exceptional quality and value of a national, international or universal significance, which fulfil any of the following'
(i) outstanding significance in the settlement history, development and history of the nation of Botswana, and contributing to the understanding of humanity,
(ii) historic building or structure inculcating memories of political, economic or social development of Botswana, or showing the unique traditional workmanship, which is of national and international value,
(iii) historic building or group of buildings representing a particular style or architecture in urban development, both at national and international level,
(iv) outstanding value and symbolic importance that can promote understanding and reconstruction of human evolution, ancient life or environment, at national and international level,
(v) authentic and outstanding aesthetic value,
(vi) outstanding natural scenic beauty and scientific value,
(vii) endemic or rare species that can be a window for understanding evolution, biogeography and biodiversity at national and international level,
(viii) rare geological phenomena that can help in understanding the earth or the universe history and evolutionary trends, or
(ix) authentic design, workmanship, diminished culture or intangible heritage;
(b) Grade 2: Monument, site, historic building and relic with a special quality that make them significant within a specific region or district, and that'
(i) enhances the scientific, historical, cultural and social understanding of a region or district,
(ii) has a rare biodiversity in a region or a district,
(iii) represents important design, workmanship or diminished culture in region,
(iv) is a historic building or structure inculcating memories of political, economical or social development of Botswana, or showing unique traditional workmanship in a region or a district,
(v) represents ideas and values of the past and present societies that are important regionally or within a district,
(vi) partially fulfil one or more terms of Grade 1, or
(vii) is of economic or tourism value regionally or within a district; and
(c) Grade 3: Monument, site, historic building and relic that are worthy of conservation and are significant locally, that is, within a specific town or village, and which'
(i) partially fulfil one or more terms of Grade 1,
(ii) partially fulfil one or more terms of Grade 2,
(iii) is significant to the history of a particular area or community, or
(iv) is of economic and tourism value locally.
(2) An inspector shall formulate a conservation and management plan for a national monument, monument, historic building, site, artefact or relic under the custody of the Commissioner.
(3) The conservation and management plan made under subregulation (2) shall be formulated to guide the daily management of, and co-ordinate tourism development activities on the national monument, monument, historic building, site, artefact or relic.
Regulation 6: (1) The Commissioner may initiate a proposal to the Minister for declaration of a monument, artefact or relic as a national monument.
(2) Members of the public may propose to the Commissioner, a monument, artefact or relic for declaration as a national monument.
(3) The description of a monument, artefact or relic for declaration as a national monument shall include'
(a) the name and location of the monument, artefact or relic;
(b) the name of the owner of the monument, artefact or relic, if privately owned, or the name of the owner of the private property, if it is located in a private property (including a signed consent by the owner and contact details);
(c) the type and size of the monument, artefact or relic;
(d) the significance and value of the monument, artefact or relic;
(e) a copy of a 1:50 000 topographical map showing the exact location of the monument, artefact or relic;
(f) Global Positioning System co-ordinates with latitudes and longitudes properly recorded;
(g) drawings or sketches, photographs and any other information that may assist the Commissioner in assessing the proposal;
(h) details as to the regional, national or international value of the monument, artefact or relic;
(i) evidence for consultation with the community regarding the proposal to enlist the monument, artefact and relic as a national monument; and
(j) conservation status and any possible future threat.
(4) The Commissioner shall, after proposals have been made, recommend to the Minister a list of monuments, artefacts and relics proposed for declaration as national monuments.

National Arts Council Act

National Arts Council Act
Section 4 (extract): The objectives of the Council shall be to-
(a) encourage the provision of workspaces, training and creative entrepreneurial skills development in the arts and culture sector; [...]
(d) facilitate programme development and implementation in academia to promote local arts and culture through scholarly documentation, research and archival undertakings;

National Cultural Policy

National Cutural Policy
Para 6.2: Education in every society is an institutionalised means of enculturation or cultural transmission. As such cultural continuity and understanding depend largely on the content and method of this process of knowledge development and the inculcation of social and moral values.
The curriculum of the education system must be based on the Botswana culture and provide programmes and facilities aimed at teaching skills of culture centred disciplines.
Strategies
a) expand the scope, resources and materials for extra-curricular activities in the field of culture within the school system;
b) strengthen collaboration between teachers and parents in the development of the child, through Parents Teachers Associations and other fora. Para 6.3 (extract): Popular participation in cultural activities is a necessary factor of social justice and an effective tool of social integration and international intercourse.
Strategies
a) provide free access to culture without undue restrictions;
b) cultural facilities and services should be widely provided throughout the country;
c) sponsor inter and intra district visits in the form of study missions and exchange programmes to promote national knowledge of all cultures;
d) raise the level of literacy through Non-Formal Education, continuing and community education programmes;
e) develop mass media components to provide the widest possible base for information dissemination;
f) design facilities which are user friendly, particularly with respect to the disabled;
g) provide amenities for cultural leisure time pursuits;
h) organise regular district and national festivals as well as exhibitions. [...]