1.   Short title


   2.   Establishment of public roads


   3.   Compensation payable if improved land damaged


   4.   Ways of necessity


   5.   Closing and diverting of public roads by Minister


   6.   Closing and diverting of public roads on application of owner affected


   7.   Regulations


   8.   Penalties for unauthorized opening of gates and for damage done to same


   9.   Width of public roads, what shall be considered public roads


   10.   Removal of encroachments on public roads


   11.   Penalties for encroachment on public roads


   12.   Penalty for damage to public roads


   13.   Extent of application


   14.   Ban on sleds, etc., on public roads


   15.   Offences and penalties


   16.   Powers of entry


   17.   Disputes as to compensation or interest or right of claimants


   18.   Disputes as to legality of entry or taking possession


   19.   Delay in payment of compensation



Proc. 48, 1907,
Proc. 50, 1924,
Cap. 142, 1948,
Cap. 169, 1959,
Law 11, 1961,
HMC Order 1, 1963,
L.N. 84, 1966,
Act 60, 1969,
S.I. 12, 1977.

An Act to provide for the establishment and proclamation of public roads and ways or roads of necessity for the closing and diversion thereof and for the fencing of lands through which roads may pass.

[Date of Commencement: 21st December, 1907]


1.   Short title

   This Act may be cited as the Public Roads Act.


2.   Establishment of public roads

   (1) The Minister may from time to time and at any time establish and declare public roads on, to or over any land situated within Botswana by order published in three successive issues of the Gazette.

   (2) The order shall define the general course, situation and width of the road or roads included therein either by reference to an existing road or roads, or in the case of a new road by describing in general terms the course thereof.

   (3) Any such order may be revoked, altered or varied as the Minister thinks fit.


3.   Compensation payable if improved land damaged

   If any road established and declared by the Minister under the provisions of this Act passes over any land improved by cultivation, irrigation or otherwise and causes any actual damage thereto, compensation shall be payable to the person or persons suffering such damage, the amount thereof to be determined by the Minister in his sole discretion.


4.   Ways of necessity

   If at any time it appears to the Minister upon the petition of any adjacent or neighbouring owner or occupier, that such owner or occupier requi

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