CHAPTER 60:01
BOTSWANA NATIONAL SPORTS COUNCIL

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title

   2.   Interpretation

   3.   Botswana National Sports Council

   4.   Objects of Council

   5.   Powers of Council

   6.   Schedule to have effect in respect of Council

   7.   Membership of Council

   8.   Authority of Council

   9.   Meetings of Council

   10.   Establishment of Executive Committee of Council

   11.   Council's office bearers and constitution of Executive Committee

   12.   Terms of office of Council's office bearers

   13.   Functions of Executive Committee

   14.   Prohibition of certain persons acting as delegates

   15.   Financial affairs of Council

   16.   Establishment and constitution of Appeals Board

   17.   Settlement of disputes

   18.   Machinery for remedying mismanagement by executive committee of member of Council

   19.   Restrictions on certain sporting activities

   20.   Power of Council to make rules

   21.   Power of Minister to make regulations

   22.   Declaration for removing doubts

      Schedule - Provisions to have effect in respect of Council

Act 4, 1981,
S.I. 59, 1982,
Act 5, 1983,
S.I. 48, 2003.

An Act to repeal and replace the Botswana National Sports Council Act, to continue in existence the Botswana National Sports Council, to provide it with a new constitution and to provide for matters incidental thereto and connected therewith.

[Date of Commencement: 1st July, 1982]

1.   Short title

   This Act may be cited as the Botswana National Sports Council Act.

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "annual meeting of the Council" means the annual meeting of the Council prescribed by section 9(1);

   "Appeals Board" means the Appeals Board for the Council established under section 16(1);

   "Chairman of the Council" includes the Vice-Chairman of the Council where the Chairman of the Council is unable or not readily available to perform the functions of his office as such;

   "Council" means the Botswana National Sports Council referred to in section 3;

   "Council's rules" means rules made by the Council under section 20;

   "delegate" means a delegate from and representing a member of the Council;

   "Executive Committee" means the Executive Committee of the Council established under section 10;

   "executive committee", in relation to a member of the Council, means the subordinate body of that member having the management of the member's affairs as a whole between meetings of the body in which the ultimate authority of the member is vested;

   "financial year" means the financial year of the Council prescribed by section 15;

   "meeting of the Council" means the annual meeting or an ordinary or special meeting of the Council;

   "ordinary meeting of the Council" means an ordinary meeting of the Council prescribed by section 9(2);

   "prescribed" means prescribed by the Council's rules or by regulations made by the Minister under section 21;

   "Secretary of the Council" includes the Vice-Chairman of the Council where the Secretary of the Council is unable or not readily available to perform the functions of his office as such;

   "special meeting of the Council" means a special meeting of the Council called by the Chairman of the Council under or in accordance with section 9(3) or (4).

3.   Botswana National Sports Council

   There shall continue to be the National Sports Council as a body corporate in conformity with the provisions of this Act.

4.   Objects of Council

   The objects of the Council shall be to promote sport within Botswana and participation in sport outside Botswana.

5.   Powers of Council

   The Council may do all such lawful acts as are necessary or expedient for the furtherance of the objects of the Council prescribed by section 21 and, without prejudice to the generality of the foregoing, may-

   (a)   institute and defend suits and other legal proceedings in its corporate name;

   (b)   acquire, hold, charge and dispose of property of any kind;

   (c)   enter into contracts; and

   (d)   borrow and lend money with or without giving or taking security.

6.   Schedule to have effect in respect of Council

   (1) The provisions of the Schedule shall have effect in respect of the Council.

   (2)The Minister may, by order published in the Gazette, amend the Schedule in order to give effect, to such extent as he considers desirable, to a resolution of the annual meeting or of an ordinary or special meeting of the Council that the Schedule be amended.

7.   Membership of Council

   (1) All those bodies which were members of the Council immediately before the commencement of this Act shall continue to be members of the Council.

   (2) Any body of persons claiming to represent the majority of clubs, associations or other bodies of persons or individuals engaged or interested in any sport in Botswana may apply, in such manner as may be prescribed, to the Council for membership thereof and thereafter the annual meeting or an ordinary or special meeting of the Council may, if it is satisfied that such claim is well-grounded, elect the body to be a member of the Council.

   (3) Where the Minister is satisfied that a body of persons, not being a member of the Council, represents the majority of clubs, associations or other bodies of persons or individuals engaged or interested in any sport in Botswana and that it is in the public interest for that body of persons to be a member of the Council, the Minister may, by order published in the Gazette, provide that that body shall be a member of the Council.

   (4) Notwithstanding any provision contained in the constitution, rules, regulations or bye-laws of a body of persons to which an order under subsection (3) applies, that body of persons shall, at the commencement of the order, become a member of the Council and as such shall thereafter be bound by and subject to this Act and the Council's rules in all respects.

   (5) Where the Minister is satisfied that a club, association or other body of persons, not being a member of a member of the Council, is principally engaged or interested in a sport in Botswana in respect of which a member of the Council represents the majority of clubs, associations or other bodies of persons engaged or interested in that sport and that it is in the public interest for that club, association or other body of persons to be a member of that member of the Council, the Minister may, by order published in the Gazette, provide that that club, association or other body of persons shall be a member of that Council.

   (6) Notwithstanding any provision contained in the constitution, rules, regulations or bye-laws of a club, association or other body of persons to which an order under subsection (5) applies, that club, association or other body of persons shall, at the commencement of the order, become a member of the member of the Council specified in the order and as such shall thereafter be bound by and subject to the constitution, rules, regulations and bye-laws of that member of the Council in all respects.

   (7) Any body of persons to which an order under subsection (3) applies or any club, association or other body of persons to which an order under subsection (5) applies or any member of a member of the Council specified in an order under subsection (5) which fails to take every reasonable step to give effect to the order or any other person who is knowingly a party to such a failure shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding six months, or to both.

8.   Authority of Council

   The ultimate authority of the Council shall be exercised by a meeting of the Council.

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