CHAPTER 43:06
WEIGHTS AND MEASURES

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

   3.   Exemptions

 

 

 

PART II
Standard Weights and Measures

 

   4.   Standard units of weight, length and volume

 

   5.   Units of weight, length and volume in Botswana

 

   6.   Relative values of different kinds of units of measurement

 

   7.   National, secondary and working standards

 

   8.   Replacement of standards

 

   9.   Authentication of standards

 

   10.   Verification of standards

 

   11.   Equipment for administration of the Act

 

 

 

PART III
Administration

 

   12.   Administration of Act

 

   13.   Certificate in respect of design or pattern of instruments, etc.

 

 

 

PART IV
Assizing of Instruments, Weights and Measures

 

   14.   Instruments, etc., used in trade to be assized

 

   15.   Fees charged by assizers

 

   16.   Assizers to reject certain instruments, etc.

 

   17.   Powers of inspection and entry

 

PART V
Sale of Articles and use of Instruments, Weights and Measures

 

 

 

   18.   Contracts to be made by reference to an authorized measure

 

   19.   Containers marked with unauthorized measure

 

   20.   Sale and delivery of articles

 

   21.   Sale of pre-packed articles

 

   22.   Provisions and operation of weighing instruments

 

   23.   Restriction or prohibition of use or possession of certain instruments

 

   24.   Price lists

 

   25.   False statements as to measure, weight, etc.

 

   26.   Use of prohibited instruments, etc.

 

   27.   Lawful use of certain unassized instruments, etc.

 

   28.   Repairs to instruments, etc.

 

   29.   Use of certain weights and measures for particular purposes

 

 

 

PART VI
General

 

   30.   Regulations

 

   31.   Offences

 

   32.   Forfeiture

 

   33.   Acts or omissions by managers, agents or employees

 

   34.   Safeguards to traders

 

   35.   Documents to be prima facie evidence

 

   36.   Burden of proof

 

   37.   Recovery of fees

 

   38.   Repeal of Cap. 43:06

 

   39.   Savings and transitional provisions

 

   40.   Act to bind the Republic

 

 

 

      First Schedule

 

      Second Schedule

 

      Third Schedule

 

 

Act 42, 1970,
Act 54, 1971,
Act 41, 1972,
S.I. 82, 1973,
Act 14, 1974,
S.I. 76, 1974,
Act 21, 2006.

An Act to re-enact, with amendments, the Weights and Measures Act.

[Date of Commencement: 15th September, 2006]

PART I
Preliminary
(ss 1-3)

 

1.   Short title

   This Act may be cited as the Weights and Measures Act.

 

2.   Interpretation

   ''article'' includes any liquids, foods, wares, merchandise, commodities and other goods of any description and, where necessary, any article and its package;

   ''assize'' or ''re-assize'', in relation to an instrument, weight or measure, means to examine or verify, test in the prescribed manner and when found correct, stamp with the stamp of assize and provide with seal of assize, where prescribed, in accordance with the provisions of this Act;

   ''assizer'' means a person appointed as an assizer under section 12 (4);

   ''authorized measure'' means, with reference to the measurement of weight, length or volume, a unit of weight, length or volume referred to in section 5 (1), and ''unauthorized measure'' shall be construed accordingly;

   ''Bureau'' means the Botswana Bureau of Standards established under section 3 of the Standards Act;

   ''calibration'' means the set of operations which establish, under specified conditions, the relationship between values indicated by a measuring instrument or measuring system, or values represented by a material measure, and the corresponding known values of a measure''.

   ''certificate of competency'' means a certificate issued by the Bureau under any regulations, order or notice made under this Act declaring that the holder is competent in the repair of weighing instruments, measuring instruments, weights or measures;

   ''correct'', in relation to an instrument, weight or measure, means correct within such limits of error and with such sensitiveness as may be prescribed;

   ''inspector'' means a person appointed as an inspector in terms of section 12 (4);

   ''Managing Director'' means the Managing Director of the Botswana Bureau of Standards, appointed in terms of section 6 of the Standards Act;

   ''measuring instrument'' means an instrument for the measurement of length, area, capacity, volume or quantity;

   ''police officer'' means a police officer of the rank of Inspector or above;

   ''pre-packed'', in relation to an article, means packed or made up in advance ready for sale in a wrapper or container;

   ''purchaser'' includes a person acting on behalf of a purchaser;

   ''rejected'', in relation to an instrument, weight or measure, means examined, tested and found not to comply with the requirements of this Act by an assizer and stamped with a prescribed mark of rejection;

   ''sale by retail'' means a sale to a person buying otherwise than for the purpose of resale, but does not include a sale to a caterer or manufacturer for the purposes of his catering or manufacturing business, as the case may be;

   ''seal of assize'' means a prescribed seal of assize;

   ''sell'' includes to offer, advertise, expose, keep, transmit, convey, deliver, have in possession, or prepare for sale, and to exchange or dispose of for valuable consideration, or to transmit, convey or deliver in pursuance of a sale;

   ''stamp'' includes to cast, engrave, etch, print or otherwise mark in a manner which is as far as possible indelible;

   ''stamp of assize'' means a prescribed stamp of assize;

   ''standard'' means a national, secondary or working standard, as the case may be, referred to in section 7;

   ''trade'' includes any contract, bargain, sale, dealing and generally any transaction for valuable consideration in pursuance of which articles are weighed, measured or counted, but does not include any contract or bargain for sale of or dealing in land or interest in land;

   ''unassized'' means not assized, or, in relation to an instrument, weight or measure which under this Act should have been reassized, not re-assized;

   ''use in trade'', in relation to an instrument, weight or measure, means the use thereof for weighing, measuring or counting in trade;

   ''verification'' means the testing of the accuracy of a weighing instrument, measuring instrument, weight or measure;

   ''weighing instrument'' includes scales, balances and all kinds of machines or instruments used for weighing, including those which also compute prices and those which count objects by weighing.

 

3.   Exemptions

   The Minister may, by order published in the Gazette, exempt any area or article, or class of articles, from all or any of the provisions of this Act.

PART II
Standard Weights and Measures
(ss 4-11)

 

4.   Standard units of weight, length and volume

   The standard units of measurement in Botswana shall be determined on the basis of the International System of Units established by the General Conference on Weights and Measures.

 

5.   Units of weight, length and volume in Botswana

   (1) The standard units of measurement regarding weight, length and volume, for use in Botswana and the symbols therefor are as set out in Parts I to V of the First Schedule.

   (2) In addition to the units of measurement, referred to in this section, the non-metric units of measurement and the symbols therefor as set out in the Second Schedule may be used in Botswana for measuring physical quantities.

   (3) The Minister, after consultation with the Bureau, may by order published in the Gazette, amend the First Schedule by adding new units of weight, length or volume to those specified therein or deleting any units specified therein.

   (4) A quantity or measure expressed in non-metric units of measurements set out in the first column of the Third Schedule shall be converted into the International System of units using the conversion table set out in the third column of the Third Schedule.

 

6.   Relative values of different kinds of units of measurement

   (1) For the purpose of ascertaining the equivalent in the appropriate International System of Units of any quantity expressed in terms of a measure which is not an International System of Units, a measure specified in the first column of the Third Schedule shall be deemed to express the equivalent of the International System of Units specified in the third column in relation to that measure.

   (2) The Minister, after consultation with the Bureau, may by order published in the Gazette amend the Third Schedule.

 

7.   National, secondary and working standards

   (1) The Bureau shall procure standards representing such units of weight, length and volume specified in the First Schedule and such parts and multiples thereof as it may deem necessary and shall direct which of the standards so procured shall be-

 

   (a)   the national standards;

 

   (b)   the secondary standards; and

 

   (c)   the working standards.

   (2) The national standards shall be deposited and kept in such place as the Bureau shall determine, and shall be used solely for the purpose of verification of secondary standards.

   (3) The secondary standards shall be kept in the custody of the Bureau at such places as may be prescribed, shall be used for the purpose of verification of working standards and where no working standards are held, may, on the authority of the Bureau, be used as working standards.

   (4) Working standards shall be used for the assizing or re-assizing of instruments, weights, or measures.

 

8.   Replacement of standards

   If at any time a standard is lost, destroyed, defaced, damaged or found by the Bureau to be unsuitable, the Bureau shall cause that standard to be replaced by a fresh standard.

 

9.   Authentication of standards

   (1) Every standard shall be authenticated in such manner as may be prescribed.

   (2) Judicial notice shall be taken of every standard authenticated in terms of this section.

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