CHAPTER 32:10
ACQUISITION OF PROPERTY

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Power of the President to acquire property

 

   4.   Preliminary investigations

 

   5.   Notice of intention to take property

 

   6.   Powers of persons under disability to sell and convey

 

   7.   Notice of intention to take over and power to take possession

 

   8.   Service of notices

 

   9.   Disputes as to legality of acquisition, etc.

 

   10.   Disputes as to compensation and title to be settled in terms of this Act

 

   11.   Disputes to be settled by a Board of Assessment

 

   12.   Procedure at inquiry by Board

 

   13.   Decision in absence of parties

 

   14.   Report of government officers and sworn appraisers as to value to be evidence

 

   15.   Party not to be compelled to sell or convey part of a house

 

   16.   Matters to be considered in determining compensation

 

   17.   Compensation for loss of rents and profits

 

   18.   When the President may withdraw from the acquisition of property

 

   19.   Costs

 

   20.   Decision of the Board to be final

 

   21.   Filing of award and time for payment

 

   22.   Payment of compensation to the Ministry of Finance and Development Planning

 

   23.   Conveyance of title

 

   24.   Parties in possession as owners to be deemed entitled to property

 

   25.   President exonerated upon payment

 

   26.   Delay in payment of compensation

 

   27.   Effect of registration of conveyance

 

   28.   Proceedings where possession of property withheld

 

   29.   Penalty for hindering the taking of possession of property

 

   30.   Amount President is willing to pay to be stated in summons

 

   31.   Rules of procedure

 

   32.   Effect of notice of intended acquisition of property

 

   33.   Interest

 

   34.   Power of Minister to call for statements

 

   35.   Expenses of Board

 

 

 

      Schedule - Forms

 

 

Proc. 80, 1954,
Cap. 118, 1959,
HMC Order 1, 1963,
L.N. 28, 1965,
Law 26, 1966,
L.N. 84, 1966,
Act 42, 1971.

An Act to make provision authorizing the acquisition of property for public and other purposes, and for settling the amount of any compensation to be paid, or any matter in difference.

[Date of Commencement: 28th January, 1955]

 

1.   Short title

   This Act may be cited as the Acquisition of Property Act.

 

2.   Interpretation

   In this Act, unless inconsistent with the context-

   "Board" means a Board of Assessment constituted in terms of section 11;

   "judge in chambers" means the Chief Justice or any judge of the High Court sitting in chambers;

   "real property" and "property" mean any real right in immovable property in Botswana other than a mortgage bond over immovable property, and include any lease of immovable property, any rights to the use of public water whether derived from the common law or from statute, any servitude, or the creation of any servitude, and any land granted or ceded to any corporation, company or person; but shall not include Tribal Territories as defined by the Tribal Territories Act.

 

3.   Power of the President to acquire property

   (1) The President may acquire any real property where the acquisition of such property is necessary or expedient-

 

   (a)   in the interests of defence, public safety, public order, public morality, public health, town and country planning or land settlement; or

 

   (b)   in order to secure the development or utilization of that or other property for a purpose beneficial to the community,

paying such compensation therefor as may be agreed upon or determined under the provisions of this Act.

   (2) The President may agree with the owner of any real property required for public purposes for the purchase of such property, or such portion thereof as he thinks proper, for such consideration or compensation as may be agreed upon or determined under the provisions of this Act; and may in like manner acquire leasehold title.

 

4.   Preliminary investigations

   (1) Whenever it appears to the President that real property in any locality is likely to be needed for any public purpose it shall be lawful for any person either generally or specially authorized by the President in this behalf and for his servants and workmen to do all or any of the following things-

 

   (a)   to enter upon and survey and take levels of any property in such locality;

 

   (b)   to dig or bore under the subsoil;

 

   (c)   to do all other acts necessary to ascertain whether the property is adapted for such purpose;

 

   (d)   to clear, set out and mark the boundaries of the property proposed to be taken and the intended line of the work (if any) proposed to be made thereon:

   Provided that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (except with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice of his intention to do so.

   (2) As soon as conveniently may be after any entry made under subsection (1) the person so authorized as aforesaid shall pay for all damage done, and in case of dispute as to the amount to be paid either such person or the person claiming compensation may refer such dispute to a magistrate's court presided over by a Magistrate Grade I or over having jurisdiction in the area, whose decision shall be subject to an appeal to the High Court.

 

5.   Notice of intention to take property

   Whenever the President resolves to acquire any property in terms of section 3 the Minister shall give notice to the persons interested or claiming to be interested in such property or to the persons entitled by this Act to sell and convey or lease the same or to such of them as shall after reasonable inquiry be known to him (which notice shall be in Form A in the Schedule or to the like effect).

 

6.   Powers of persons under disability to sell and convey

   It shall be lawful for any person who is the registered owner of any property or entitled to any real rights or any estate or interest therein, to sell and convey or lease the same to the President, and particularly it shall be lawful for all or any of the following persons to sell and convey or lease, that is to say, fiduciary heirs, fideicommissary heirs, guardians, tutors testamentary or dative, curators nominate or dative, curators appointed to lunatics, idiots or prodigals, trustees under antenuptial contracts or for charitable or other purposes, executors and administrators, and trustees in insolvent estates; and the power so to sell and convey or lease as aforesaid may lawfully be exercised by such persons not only on behalf of themselves, but also for and on behalf of every person entitled in reversion or remainder after them, and to such tutors or curators or trustees on behalf of their cestui que trusts respectively to the same extent as such wards or cestui que trusts could have exercised the same powers under this Act if they had respectively been of no disability.

 

7.   Notice of intention to take over and power to take possession

   (1) The President may, by such notice as is prescribed in section 5 or by any subsequent notice, direct the persons aforesaid to yield up possession of such property after the expiration of the period specified in the notice, which period shall not be less than two months from the service of such notice, unless the property is urgently required for the public purpose.

   (2) At the expiration of the period specified in subsection (1) the President and all persons authorized by him shall be entitled to enter into and take possession of such property accordingly.

 

8.   Service of notices

   (1) Every notice under sections 5 and 7

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