CHAPTER 59:04
NATIONAL ARCHIVES AND RECORDS SERVICES

ARRANGEMENT OF SECTIONS

   SECTION

PART I
Introduction and Interpretation

   1.   Citation

   2.   Interpretation

PART II
National Archives and Records Services and Places of Deposit

   3.   Establishment

   3A.   Functions of the National Archives and Records Services

   4.   Other places of deposit

PART III
Director of National Archives and Records Services and Custodians of Places of
Deposit

   5.   Director of National Archives and Records Services

   6.   Custodians of places of deposit

   7.   Prescribed bodies

   8.   Seals

   9.   Secrecy

PART IV
Selection of and Access to Public Archives

   10.   Selection, preservation and transfer of public records to National Archives and Records Services

   11.   Destruction of archives and public records

   12.   Access to public archives

   13.   Inspection of public archives

PART V
Exportation and Removal of Archives and other Documents

   14.   Restriction of exportation of or unauthorized removal of public archives and public records

   15.   Declaration of historical records

PART VI
Validity, Evidence and Copyright

   16.   Legal validity of public records

   17.   Authentication of copies

   18.   Copyright

   19.   Reproduction of public archives

PART VII
Miscellaneous

   20.   National Archives and Records Services Advisory Council

   21.   Delivery of public records by Government Printer

   22.   Regulations

   23.   Penalties

   24.   Act to bind Government

Act 37, 1978,
Act 14, 2007.

An Act to provide for the establishment of the National Archives and Records Services of Botswana; to make provision for the preservation, custody, control and disposal of public archives including public records of Botswana; and for matters incidental thereto or connected therewith.

[Date of Commencement: 29th December 1978]

PART I
Introduction and Interpretation
(ss 1-2)

1.   Citation

   This Act may be cited as the National Archives and Records Services Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "authorized officer" means an officer of the National Archives and Records Services authorized by the Director to do anything in accordance with the provisions of this Act;

   "Council" means the National Archives and Records Services Advisory Council established under section 20;

   "Director" means the Director of National Archives and Records Services appointed under section 5;

   "historical records" means any records, other than public and judicial records, which are declared as such under section 15;

   "judicial records" means any records constituting the official records of any proceedings before a court, commission or board of inquiry, other judicial or quasi-judicial body or person, which-

   (a)   are in the custody of-

      (i)   such court, commission, board, body or person;

      (ii)   any Ministry, Department, other agency of the Government or a prescribed body; or

      (iii)   any person lawfully committed with such custody; or

   (b)   have been transferred to the National Archives and Records Services or place of deposit under the provisions of this Act;

   "National Archives and Records Services" means the National Archives and Records Services of Botswana established under section 3;

   "place of deposit" means a place of deposit declared as such under section 4;

   "prescribed body" means any public body, corporation, society, association, institution, organization or any body of persons, whether incorporated or not, declared to be such by the Minister;

   "private archive" means a record created or received by a private individual or body other than an agency of the Government.

   "public archives" means-

   (a)   all public records which-

      (i)   are specified by the Director as being of enduring or historical value; and

      (ii)   have been transferred to the National Archives and Records Services or place of deposit under the provisions of this Act; and

   (b)   any records, documents or other material acquired for the National Archives and Records Services in terms of section 5(4)(h);

   "public records" means-

   (a)   any records of the Government which-

      (i)   are in the custody of the Government; or

      (ii)   have been transferred to the National Archives and Records Services or place of deposit under section 10;

   (b)   any records of a prescribed body which are in the custody of such body or have been transferred to the National Archives and Records Services under section 10; or

   (c)   any judicial records;

   "records" includes any electronic records, manuscript, newspaper, picture, painting, document, register, printed material, book, map, plan, drawing, photograph, negative and positive pictures, photocopy, microfilm, cinematograph film, video tape, magnetic tape, gramophone record or other transcription of language, picture or music, recorded by any means capable of reproduction and regardless of physical form and characteristics.

PART II
National Archives and Records Services and Places of Deposit
(ss 3-4)

3.   Establishment

   There is hereby established the National Archives and Records Services of Botswana for the storage and preservation of public archives other than those which are to be kept in some other place of deposit.

3A.   Functions of the National Archives and Records Services

   The functions of the National Archives and Records Services shall be-

   (a)   to provide records and information management service to government agencies; and

   (b)   to collect, preserve and access the nation's documentary heritage.

4.   Other places of deposit

   (1) If it appears to the Minister that facilities exist for the safekeeping and preservation of public records and their inspection by the public in some place other than the National Archives and Records Services and that convenience so requires, he may, with the agreement of the authority or person responsible for that place, declare that place to be a place of deposit for public records of any category.

   (2) Where the Minister declares any place to be a place of deposit for any category of public records, such public records which are selected for preservation shall be transfer

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