1.   Short title

   2.   Interpretation

Establishment and Functions of the Commission

   3.   Continuation of establishment of Commission

   4.   Functions of the Commission

Administration of Commission

   5.   Establishment of Board

   6.   Direction by the Minister

   7.   Tenure of office

   8.   Disqualification of a member

   9.   Removal from office

   10.   Vacation of office

   11.   Filling of vacancy

   12.   Committees of Board

   13.   Reports to the Minister

   14.   Remuneration and allowance

Meetings and Proceedings of the Board

   15.   Proceedings of Board

   16.   Disclosure of interest

   17.   Confidentiality

   18.   Validity of decisions and acts of Board

General Meetings of the Commission

   19.   Meetings of the Commission

Chief Executive Officer and other Staff of the Commission

   20.   Chief Executive Officer

   21.   Appointment of staff

Register and Registration of Members

   22.   Register

   23.   Procedure for registration

   24.   Certificate of recognition

   25.   Suspension of recognition

   26.   Restoration of name to register

Disciplinary Committee and Appeals Committee

   27.   Appointment of Disciplinary Committee

   28.   Disciplinary powers of Disciplinary Committee

   29.   Disregard of summons, etc.

   30.   Powers of Disciplinary Committee at inquiry

   31.   Appointment of Appeals Committee

   32.   Appeal against decision of Appeal Committee

   33.   Application of sections 14,16 and 17 to members of a committee, etc.

   34.   Publication of outcome of proceedings

Financial Provisions

   35.   Revenues of Commission

   36.   Financial year

   37.   Accounts and audit

   38.   Annual Report

Doping Control

   39.   Doping control tests

   40.   Power of Minister to enter into agreements regarding doping control tests


   41.   Sports leave

   42.   Indemnity

   43.   Regulations

   44.   Repeal of Cap. 60:01

   45.   Savings and transitional

Act 4, 1981,
S.I. 59, 1982,
Act 5, 1983,
S.I. 48, 2003,
Act 30, 2014,
SI. 69, 2015.

An Act to establish the Botswana National Sport Commission and to provide for its powers and functions; to provide for the registration of sports associations; to provide for doping control; and for matters incidental thereto.

[Date of Commencement: 1st July, 2015]

Preliminary (ss1-2)

1.   Short title

   This Act may be cited as the Botswana National Sport Commission Act.

2.    Interpretation

   In this Act, unless the context otherwise requires-

   “Appeals Committee” means the Committee appointed under section 31;

   “Board” means the Board of the Commission appointed under section 5;

   “Botswana National Olympic Committee” means a body registered under the Societies Act, and duly recognised by the International Olympic Committee as the national level structure for dealing with Olympic matters;

   “Chairperson” means the Chairperson of the Board appointed under section 5 (2) (a);

   “Chief Executive Officer” means the Chief Executive Officer of the Commission appointed under section 20 (1);

   “Commission” means the Botswana National Sport and Commission established under section 3;

   “Disciplinary Committee” means the Disciplinary Committee appointed under section 27;

   “doping”, in relation to sports, means one of the following-

   (a)   the presence of a prohibited substance or its metabolites or markers in an athlete’s bodily specimen;

   (b)   the use or attempted use of a prohibited substance or a prohibited method;

   (c)   refusing, or failing without compelling justification, to submit to sample collection after notification as authorised in applicable anti-doping rules or otherwise evading sample collection;

   (d)   violation of applicable requirements regarding athlete availability for out-of-competition testing, including failure to provide required whereabouts information;

   (e)   tampering, or attempting to tamper, with any part of doping control;

   (f)   possession of prohibited substances or methods;

   (g)   trafficking in any prohibited substance or prohibited method; or

   (h)   administration or attempted administration of a prohibited substance or prohibited method to any athlete, or assisting, encouraging, aiding, abetting, covering up or any other type of complicity involving an anti-doping rule violation or any attempted violation;

   “member” means a member of the Board;

   “national team” means a team officially representing the country;

   “Paralymic Association of Botswana” means a body registered under the Societies Act, and duly recognised by the International Paralymic Committee as the national level structure for dealing with Paralymic matters;

   “sport association” means a body registered under the Societies Act, which has as its principal objective the promotion or organisation of any sport or recreation activity at national level;

   “repealed Act” means the Botswana National Sports Council Act repealed under section 44; and

   “Women and Sport Botswana” means a body registered under the Societies Act, and duly recognised by the International Working Group on Women and Sport as the national level structure for dealing with women in sport.

Establishment and Functions of the Commission (ss3-4)

3.   Continuation of establishment of Commission

   (1) The Council known as the Botswana National Sports Council, established under the repealed Act, is hereby continued under the new name of the Botswana National Sport Commission.

   (2) The Commission shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its own name and, subject to the provisions of this Act, of performing such acts as bodies corporate may by law perform.

4.   Functions of the Commission

   The functions of the Commission shall be-

   (a)   to determine policies for giving effect to the objects and purposes of the Act;

   (b)   to advise the Minister to change, review or formulate sport related policies and strategies where necessary;

   (c)   to provide leadership and guidance on sport development and promotion;

   (d)   to assist the sport associations ensure that their policies and procedures meet the required standards;

   (e)   to provide knowledge through sport education programmes;

   (f)   to ensure private sector participation in sport development;

   (g)   to mainstream the benefits of sport and physical activity and recreation in the lives of Botswana;

   (h)   to facilitate the preparation of the national team in regional and international competitions;

   (i)   to provide leadership and guidance in prioritising funding for sports associations and recreation clubs;

   (j)   to take responsibility and leadership in the process for hosting regional and international competitions;

   (k)   to promote the national brand and symbols through sport;

   (l)   to promote sport tourism;

   (m)   to facilitate elite sport development and participation in international Competitions in collaboration with Botswana National Olympic Committee;

   (n)   to ensure structured talent identification and nurturing of athletes;

   (o)   to ensure compliance with set ethics and standards, conventions and protocols;

   (p)   to regulate sport at all levels;

   (q)   to promote the development of professional sport;

   (r)   to conduct research on sport and sport related issues;

   (s)   to authorise participation of national teams in international sport competitions;

   (t)   to set performance targets and design programmes aimed at facilitating the continued growth and development of sport; and

   (u)   to promote the inclusion of girls, women and people with disabilities in sport.

Administration of the Commission (ss 5-14)

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