LOCAL GOVERNMENT : SUBSIDIARY LEGISLATION

[Previously Known as "LOCAL GOVERNMENT (DISTRICT COUNCILS)"]

INDEX TO SUBSIDIARY LEGISLATION

Central District (Abattoir) Bye-Laws

Central District Council (Advertisements and Hoardings) Bye-laws

Central District Council (Barbers and Braiders) Bye-Laws

Central District Council (Cemetery) Bye-Laws

Central District Council (Day-Care Centre) Bye-Laws

Central District Council (Dogs) Bye-Laws

Central District Council (Hawking and Street Vending) Bye-Laws

Central District (Livestock Control) Bye-Laws

Central District Council (Markets) Bye-Laws

Central District Council (Noise and Nuisance) Bye-laws

Central District Council (Operation of Pay Phones) (Control) Bye-laws

Central District Council (Public Sewer) Bye-Laws

Central District Council (Scrap Metal and Scrap-Yard Control) Bye-laws

Chobe District Council (Barbers and Braiders) Bye-Law

Chobe District Council (Border Entry and Exit Fees) Bye-laws

Chobe District Council (Control of Livestock and Other Animals) (Model Bye-Laws) (Adoption) Bye-Laws

Chobe District Council (Day Care Centre) Bye-Laws

Chobe District Council (Dogs) (Model Bye-Laws) (Adoption) Bye-Laws

Chobe District Council (Hawking and Street Vending) (Model Bye-Laws) (Adoption) Bye-Laws

Chobe District Council (Noise and Nuisance) (Model Bye-Laws) (Adoption) Bye-Laws

Chobe District Council (Phone Shops, Kiosk, Desktop) Control Bye-Laws

Control of Boreholes (Model) Bye-Laws

Control of Boreholes (Model) Bye-Laws (Adoption) Order

Declaration of Francistown as a City Order

Declaration of Gaborone as a City Order

Declaration of Sowa Township Order

Declaration of Townships Order

District Councils (Banking Accounts) Regulations

District Councils (Keeping of Bye-Laws) Regulations

District Councils (Miscellaneous Provisions) Regulations

District Councils (Tender) Regulations

Dogs (Model) Bye-Laws

Dogs (Model) Bye-Laws (Adoption) Order

Establishment of Central District Council Order

Establishment of the Chobe District Council Order

Establishment of The Francistown Town Council Order

Establishment of The Gaborone City Council Order

Establishment of The Ghanzi District Council Order

Establishment of The Jwaneng Town Council Order

Establishment of The Kgatleng District Council Order

Establishment of The Kgalagadi District Council Order

Establishment of The Kweneng District Council Order

Establishment of The Lobatse Town Council Order

Establishment of The North East District Council Order

Establishment of The North West District Council Order

Establishment of The Selebi-Phikwe Town Council Order

Establishment of The Southern District Council Order

Establishment of The South East District Council Order

Establishment of the Sowa Town Council Order

Francistown City Council (Public Sewer) Bye-laws

Francistown Town Council (Abattoir) Bye-laws

Francistown Town Council (Cemetery) Bye-laws

Francistown Town Council (Day Care Centre) Bye-Laws

Francistown Town Council (Dogs) Bye-laws

Francistown Town Council (Establishment of Pound) Bye-Laws

Francistown Town Council (General) Bye-Laws

Francistown Town Council (Hairdresser And Barber) Bye-Laws

Francistown Town Council (Local Beer) Bye-laws

Francistown Town Council (Retail Sales of Traditional Beer) Bye-laws

Francistown Town Council Roads And Traffic Bye-Laws

Francistown Town Council (Traffic) Bye-Laws

Gaborone City Council (Abattoir) Bye-laws

Gaborone City Council (Cemetery) Bye-laws

Gaborone City Council Day-Care Centre Bye-laws

Gaborone City Council (Dogs) Bye-laws

Gaborone City Council (General) Bye-laws

Gaborone City Council (Hairdresser and Barber) Bye-Laws

Gaborone City Council (Local Beer) Regulations

Gaborone City Council (Operation of Pound) Bye-laws

Gaborone City Council (Parking Grounds) Bye-laws

Gaborone City Council (Public Land Excavation) (Control) Bye-laws

Gaborone City Council (Public Standpipes) Bye-laws

Gaborone City Council (Retail Sales of Traditional Beer) Bye-laws

Gaborone City Council (Smoking in Cinemas) Bye-laws

Gaborone City Council (Traffic) (Scheduled Areas) Bye-laws

Ghanzi District Council (Barbers and Braiders) Bye-laws

Ghanzi District Council (Dogs) Bye-laws

Ghanzi District Council (Hawking and Street-Vending) Bye-Laws

Ghanzi District Council (Livestock Control) Bye-laws

Ghanzi District Council (Markets) Bye-Laws

Ghanzi District Council (Noise and Nuisance) Bye-Laws

Ghanzi District Council (Refuse) Bye-Laws

Hawking and Street-Vending (Model) Bye-Laws

Hawking and Street-Vending (Model) Bye-Laws (Adoption) Order

Jwaneng Town Council (Abattoir) Bye-Laws

Jwaneng Town Council (Cemetery) Bye-Laws

Jwaneng Town Council (Control of Dogs) Bye-laws

Jwaneng Town Council (Control of Retail Sales of Traditional Beer) Bye-laws

Jwaneng Town Council (General) Bye-laws

Jwaneng Town Council (Nuisance Control) Bye-Laws

Jwaneng Town Council (Pound) Bye-laws

Kanye (Water Fees) Bye-Laws

Kasane Township Regulations

Kasane Township (Temporary Structures) Bye-Laws

Kgalagadi District Council (Advertisements And Hoardings) Bye-Laws

Kgalagadi District Council (Barber) Bye-Laws

Kgalagadi District Council (Control of Livestock) Bye-Laws

Kgalagadi District Council (Day-Care Centre) Bye-Laws

Kgalagadi District Council (Food-Vending) Bye-Laws

Kgalagadi District Council (Hawking and Street-vending) Bye-Laws

Kgalagadi District Council (Noise and Nuisance Control) Bye-Laws

Kgalagadi District Council (Stand Pipes) Bye-Laws (Revocation)

Kgalagadi District Council (Refuse) Bye-Laws

Kgatleng District Council (Barber) Bye-Laws

Kgatleng District Council (Control of Livestock and other Animals) Bye-Laws

Kgatleng District Council (Cemetery) Bye-laws

Kgatleng District Council (Day Care Centre) Bye-Laws

Kgatleng District Council (Food-Vending) Bye-laws

Kgatleng District Council (Hawking and Street Vending) Bye-laws

Kgatleng District Council (Market) Bye-laws

Kgatleng District Council (Natural Resources Protection) Bye-laws

Kgatleng District Council (Noise and Nuisance) Bye-Laws

Kgatleng District Council (Operation of Pay Phones) (Control) Bye-laws

Kgatleng District Council (Refuse) Bye-Laws

Kweneng District Council (Control of Livestock and Other Animals) Bye-laws

Kweneng District Council (Early Childhood Care and Education) Bye-laws

Kweneng District Council (Public Standpipes) Bye-Laws

Livestock Control (Model) Bye-Laws

Lobatse Bus Terminus (Operations) Bye-laws

Lobatse Town Council (Abattoir) Bye-laws

Lobatse Town Council (Cemetery) Bye-laws

Lobatse Town Council (Day-Care Centre) Bye-laws

Lobatse Town Council (Dogs) Bye-laws

Lobatse Town Council (General) Bye-laws

Lobatse Town Council (Local Beer) Regulations

Lobatse Town Council (Operation of Pound) Bye-Laws

Lobatse Town Council (Public Land Excavation) (Control) Bye-laws

Lobatse Town Council (Public Sewer) Bye-Laws

Lobatse Town Council (Public Standpipes) Bye-laws

Local Councils (Conduct of Elections) Regulations

Local Government (Village or Ward Development Committee) Regulations

Natural Resources Protection (Model) Bye-Laws

Noise and Nuisance (Model) Bye-Laws

Noise and Nuisance (Model) Bye-Laws (Adoption) Order

North East District Council (Abattoirs) Bye-laws

North East District Council (Day-Care Centre) Bye-Laws

North East District Council (Dogs) Bye-laws

North East District Council (Noise and Nuisance) Bye-laws

North East District Council (Hawking and Street Vending) Bye-Laws

North East District Council (Public Sewer) Bye-Laws

North East District Council (Public Standpipes) Bye-Laws

North East District Council (Refuse) Bye-laws

North West District Council (Control of Livestock and Other Animals) Bye-Laws

North West District Council (Day-Care Centre) Bye-laws

North West District Council (Hawing and Street-Vending) (Model) Bye-Laws (Adoption) Order

North West District Council (Refuse) Bye-Laws

Selebi-Phikwe Town Council (Abattoir) Bye-laws

Selebi-Phikwe Town Council (Cemetery) Bye-laws

Selebi-Phikwe Town Council (Dogs) Bye-laws

Selebi-Phikwe Town Council (Early Childhood Care and Education) Bye-law

Selebi-Phikwe Town Council (General) Bye-laws

Selebi-Phikwe Town Council (Pound) Bye-laws

Selebi-Phikwe Town Council (Public Standpipes) Bye-laws

Selebi-Phikwe Town Council (Retail Sales of Traditional Beer) Bye-laws

South East District Council (Early Childhood Care and Education Centre) Bye-laws

South East District Council (Noise and Nuisance) Bye-Laws

South East District Council (Public Sewer) Bye-Laws

South East District Council (Refuse) Bye-Laws

Southern District Council (Control of Livestock and other Animals) Bye-laws

Southern District Council (Day Care Centre) Bye-Laws

Southern District Council (Markets) Bye-laws

Southern District Council (Noise and Nuisance) Bye-laws

Southern District Council (Public Standpipes) Bye-Laws

Sowa Township Authority (General) Bye-Laws

Sowa Township (Day-Care Centre) Bye-Laws

Sowa Township (Dogs) Bye-laws

Sowa Township (Hawking and Street Vending) Bye-Laws

Town Council (Hawking and Street Vending) Regulations

Town Council (Hawking and Street Vending) Regulations (Application) Regulations

Town Council (Keeping of Bye-laws) Regulations

Town Council (Miscellaneous Provisions) Regulations

Town Council (Public Sewers) Regulations

Town Council Regulations

Traditional Beer (Retail Sales) (Model) Bye-Laws

Traditional Beer (Retail Sales) (Model) Bye-Laws (Adoption) Order

FRANCISTOWN TOWN COUNCIL (DOGS) BYE-LAWS

(under regulations 34 and 35*)

(13th March, 1970)

ARRANGEMENT OF BYE-LAWS

   BYE-LAWS

 

   1.   Citation

   2.   Interpretation

   3.   Yapping, etc., of dogs and bitches in season

   4.   Troublesome, dangerous or infected dogs

   5.   Detention and destruction of abandoned and diseased dogs

   6.   Diseased dogs to be presented for treatment

   7.   Dogs to be vaccinated against rabies

   8.   Licensing of dogs

   9.   Penalties

 

S.I. 18, 1970.

 

1.   Citation

   These Bye-laws may be cited as the Francistown Town Council (Dogs) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "council" means the Francistown Town Council;

   "dog" includes a bitch;

   "public place" includes any road, street, thoroughfare, bridge, foot pavement, open space or park, and any enclosed space vested in the council;

   "rabies certificate" means a certificate signed by a veterinary official within a period of three years prior to its production stating that the dog (being a dog which was six months old or older at the time of the vaccination) has been vaccinated against rabies;

   "Town Clerk" means the Town Clerk of Francistown;

   "veterinary official" means a veterinary officer, livestock officer, or stock inspector, employed in the service of the Government of Botswana.

 

3.   Yapping, etc., of dogs and bitches in season

   (1) No person shall permit the continual yapping, whining or barking of dogs so as to disturb the comfort of any inhabitants of the township area.

   (2) No person shall allow any bitch to be at large at such time as she is on heat or in season.

 

4.   Troublesome, dangerous or infected dogs

   (1) No person shall allow any troublesome, ferocious or dangerous dog, or any dog which is suffering from a contagious or infectious disease, to be at large off the premises on which such dog is normally kept.

   (2) Any person who keeps any dog of the nature described in sub-bye-law (1) shall display at the principal entrance of the property where the dog is kept a clearly legible sign reading "BEWARE OF THE DOG" or "TSHABA NTSA".

 

5.   Detention and destruction of abandoned or diseased dogs

   (1) An employee of the council authorized thereto by the Town Clerk may detain and remove to kennels or other premises owned by the council any dog which is at large in a public place.

   (2) If such dog is wearing a dog collar with a current licence badge affixed to it the Town Clerk shall forthwith notify the person to whom the licence was issued that the dog has been detained, and shall also notify him where it is detained.

   (3) Where any dog detained under the provisions of sub-bye-law (1) is not claimed by or on behalf of its owner within seven days after such detention or, where notification has been given in terms of sub-bye-law (2), within seven days of such notification, it shall be deemed to be abandoned and in such event the Town Clerk may cause such dog to be destroyed or otherwise disposed of:

   Provided that the Town Clerk may authorize the destruction of the dog prior to the expiration of the aforesaid period of seven days where he has reason to believe that it is genuinely abandoned or is without an owner or that it is suffering from an infectious or contagious disease of a serious nature and that the destruction of the dog is necessary for the purpose of controlling the spread of such disease.

   (4) The owner of any dog detained under the provisions of this bye-law may reclaim such dog, so long as it remains in the custody of the council, on payment of a fee of 20 thebe for each day during which it has been so detained.

 

6.   Diseased dogs to be presented for treatment

   Any person who keeps a dog which shows signs of suffering from an infectious or contagious disease shall immediately present such dog for treatment to a veterinary official.

 

7.   Dogs to be vaccinated against rabies

   (1) No person shall keep a dog over the age of six months unless the dog has been vaccinated against rabies and the person keeping the dog is in possession of a rabies certificate relating to the dog.

   (2) The Town Clerk may authorize the destruction of any dog if the person keeping the dog is unable to produce a rabies certificate relating to that dog:

   Provided that for the purposes of this sub-bye-law a current licence badge in respect of the particular dog shall be deemed equivalent to a rabies certificate.

 

8.   Licensing of dogs

   (1) No person shall keep a dog over the age of six months unless it is licensed in terms of this bye-law.

   (2) A licence for a dog shall be issued on application by an employee of the council authorized by the Town Clerk on production of a rabies certificate relating to that dog, and shall be issued for a 12-month period commencing on 1st January and terminating on 31st December in any year, on payment of a fee of 60 thebe:

   Provided that the fee payable shall be half the amount prescribed in this sub-bye-law where a dog is brought into the township area, or attains the age of six months, on or after 1st July in any year.

   (3) Notwithstanding the provisions of sub-bye-law (1)-

   (a)   a dog brought into the township area shall be licensed within a period of four weeks from the date when it was brought in; and

   (b)   a dog shall be licensed within four weeks of its attaining the age of six months.

   (4) A licence issued under the provisions of this bye-law shall be in the form of a metal or plastic badge marked with an identifying number and the year of issue.

   (5) No person shall permit any dog which is required to be licensed under the provisions of this bye-law to be at large unless a current licence badge issued under the said provisions is attached to it by means of a dog collar.

   (6) Where a dog licence badge issued under the provisions of this bye-law has been lost, the Town Clerk may issue a duplicate badge on payment of a fee of 25 thebe.

 

9.   Penalties

   Any person contravening or failing to comply with any of the provisions of these Bye-laws shall be guilty of an offence and shall be liable, on conviction, to a fine not exceeding P20 or, in default of payment, to imprisonment for a term not exceeding two months.

SELEBI-PHIKWE TOWN COUNCIL (DOGS) BYE-LAWS

(under regulations 34 and 35*)

(20th July, 1973)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Yapping, etc., of dogs and bitches in season

   4.   Troublesome, dangerous or infected dogs

   5.   Detention and destruction of abandoned or diseased dogs

   6.   Licensing of dogs

   7.   Penalty

 

S.I. 57, 1973.

 

1.   Citation

   These Bye-laws may be cited as the Selebi-Phikwe Town Council (Dogs) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "council" means the Selebi-Phikwe Town Council;

   "dog" includes a bitch;

   "public place" includes any road, street, thoroughfare, bridge, foot pavement, open space or park and any enclosed space vested in the council;

   "rabies certificate" is a certificate signed by an official within a period of three years prior to its production stating that the dog (being a dog which was six months or more in age at the time of vaccination) has been vaccinated against rabies.

 

3.   Yapping, etc., of dogs and bitches in season

   (1) No person shall permit the continual yapping, whining or barking of dogs so as to disturb the comfort of any inhabitants of the town council area.

   (2) No person shall allow any bitch to be at large at such times as she is on heat or in season.

 

4.   Troublesome, dangerous or infected dogs

   (1) No person shall allow any troublesome, ferocious or dangerous dog, or any dog which is suffering from a contagious or infectious disease, to be at large off the premises on which such animal is normally kept.

   (2) Any person who keeps any dog of the nature prescribed in sub-bye-law (1) shall display at the principal entrance of the property where the dog is kept a legible sign reading "BEWARE OF THE DOG" or "TSHABA NTSA".

 

5.   Detention and destruction of abandoned or diseased dogs

   (1) A servant of the council authorized thereto by the Town Clerk may detain and remove to kennels or other premises owned by the council any dog which is at large in a public place.

   (2) Where any dog detained under the provisions of sub-bye-law (1) is not claimed by or on behalf of its owner within a period of two weeks of such detention, it shall be deemed to be abandoned and, in such event the council may destroy or otherwise dispose of such dog:

   Provided that the Town Clerk may authorize the destruction of a dog prior to the expiration of the aforesaid period of two weeks where he has reason to believe it is suffering from any infectious or contagious disease of a serious nature and that the destruction of the dog is necessary for the purpose of controlling the spread of such disease.

   (3) The owner of any dog detained under the provisions of this bye-law may reclaim such dog, so long as it remains in the custody of the council, on payment of a fee of 20 thebe for each day during which it has been so detained.

 

6.   Licensing of dogs

   (1) No person shall keep a dog over the age of six months unless it is licensed in terms of this bye-law.

   (2) A dog licence shall be issued, on application and on production of a rabies certificate, by the Town Clerk and shall be issued in respect of the 12 month period commencing on 1st January in any year and terminating on 31st December of that year and on payment of a fee of P1:

   Provided that the fee payable shall be half the amount prescribed in the sub-bye-law where a dog is brought into the council area, or attains the age of six months on or after 1st July in any year.

   (3) Notwithstanding the provisions of sub-bye-law (1)-

   (a)   a dog licence issued in respect of the preceding calendar year shall be deemed to authorize the keeping of the dog to which the licence relates up till 31st January of the next succeeding year;

   (b)   a dog brought into the council area during the course of a calendar year shall be licensed within a period of four weeks from the date when it was so brought in;

   (c)   a dog shall be licensed within four weeks of it attaining the age of six months.

   (4) A licence issued under the provisions of this bye-law shall be in the form of a metal or plastic badge.

   (5) No person shall permit any dog which is required to be licensed under the provisions of this bye-law to be at large unless a current licence issued under the provisions of this bye-law is affixed to it by means of a dog collar.

   (6) Where a dog licence issued under the provisions of this bye-law has been lost, the Town Clerk may issue a duplicate licence on payment of a fee of 25 thebe.

 

7.   Penalty

   Any person contravening the provisions of these Bye-laws shall be guilty of an offence and shall be liable to a fine not exceeding P15 or, in default of payment, to imprisonment for a term not exceeding two months.

JWANENG TOWN COUNCIL (CONTROL OF DOGS) BYE-LAWS

(under regulations 34 and 35*)

(24th May, 1985)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Licensing of dogs

   4.   Yapping, etc., of dogs and bitches in season

   5.   Troublesome, dangerous or infected dogs

   6.   Detention and destruction of abandoned or diseased dogs

   7.   Claiming of detained dogs

   8.   Penalties

 

      Schedule

 

S.I. 64, 1985,
S.I. 130, 1985.

 

1.   Citation

   These Bye-laws may be cited as the Jwaneng Town Council (Control of Dogs) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless context otherwise requires-

   "council area" means the area under the jurisdiction of Jwaneng Town Council;

   "dog" includes a bitch;

   "rabies certificate" means a certificate signed by a veterinary surgeon, within a period of three years of its issue stating that a dog has been vaccinated against rabies.

 

3.   Licensing of dogs

   (1) No person shall keep within the council area a dog over the age of six months unless it is licensed in terms of these Bye-laws.

   (2) A dog shall be licensed within four weeks of its attaining the age of six months.

   (3) The Town Clerk or an officer duly authorized by him to do so, shall on payment of the appropriate fee specified in the Schedule, issue a dog licence to an applicant on production of a valid rabies certificate and a dog licence so issued shall be valid for a period of 12 months from the date of issue.

   (4) A licence issued under these Bye-laws shall be in a form of a metal or plastic badge.

   (5) Subject to the provisions of bye-laws 4(2) and 5(1) no person shall permit any dog which is required to be licensed under these Bye-laws to be at large unless a current licence issued under these Bye-laws is affixed to it by means of a dog collar.

   (6) Where a licence is issued under these Bye-laws is lost or destroyed, the Town Clerk or any officer duly authorized by him to do so, may issue a duplicate licence on payment of the appropriate fee as specified in the Schedule.

 

4.   Yapping, etc., of dogs and bitches in season

   (1) No person shall permit the continual yapping, whining or barking of dogs so as to disturb the comfort of any inhabitants in the council area.

   (2) No person shall allow any female dog to be at large at such times as she is on heat or in season.

 

5.   Troublesome, dangerous or infected dogs

   (1) No person shall allow any troublesome, ferocious or dangerous dog, or any dog which suffers from a contagious disease, to be at large off the premises on which such animal is normally kept.

   (2) Any person who keeps any dog of the nature described in sub-bye-law (1) shall display at the principal entrance of the property where the dog is normally kept, a clearly legible sign reading-

"BEWARE OF THE DOG" or "TSHABA NTSA".

   (3) The owner or person in charge of any dog which is affected or suspected of being affected by an infectious or contagious disease shall-

   (a)   as soon as reasonably practicable, give notice of the dog so affected to the council or to a veterinary officer;

   (b)   as far as practicable keep such dog securely tied, confined and isolated.

   (4) Notwithstanding the provisions of sub-bye-law (3), the Town Clerk who having received reasonable information concerning, or having reasonable grounds for suspecting that any person keeps a dog which is affected or suspected to be affected by an infectious or contagious disease shall instruct that the dog be sent to a veterinary officer or cause it to be destroyed.

 

6.   Detention and destruction of abandoned or diseased dogs

   (1) Any officer authorized by the Town Clerk to do so may seize and detain in kennels or other premises owned by the council any dog found wandering at large in a public place.

   (2) Any dog detained under the provisions of sub-bye-law (1) which is not claimed by or on behalf of its owner within a period of two weeks of such detention shall be deemed to be abandoned and the council may destroy or otherwise dispose of such dog.

   (3) Notwithstanding the provisions of sub-bye-law (2) the Town Clerk may authorize the destruction of a dog so detained before the expiration of a period of two weeks where he has reason to believe that it suffers from an infectious or contagious disease of a serious nature and in his opinion the destruction of the dog is necessary for the prevention of spread of the disease.

   (4) No person shall wilfully obstruct or unlawfully interfere with any officer authorized by the Town Clerk in the carrying out of his duties under these Bye-laws.

 

7.   Claiming of detained dogs

   Any dog detained under these Bye-laws may be reclaimed by or on behalf of the owner on payment of the appropriate fee specified in the Schedule and chargeable for each day during which the dog is detained.

 

8.   Penalties

   Any person who contravenes the provisions of these Bye-laws or fails to comply with any requirement thereunder shall be guilty of an offence and shall be liable on conviction to a fine not exceeding P20 or in default of payment to imprisonment for a term not exceeding two months.

SCHEDULE

 

Licence fee (under reg. 3(3) 

P2,00 p.a. 

Duplicate Licence fee (under reg. 3(6)) 

P1,00 p.a. 

Detention fee (under reg. 7) 

P2,00 per day

GABORONE CITY COUNCIL (CEMETERY) BYE-LAWS

(under regulations 34 and 35*)

(28th June, 1968)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Establishment

   4.   Burials outside cemetery

   5.   Permit for burials

   6.   Burial fees

   7.   Dimensions of graves

   8.   Body to be buried in coffin

   9.   Coffin to be covered

   10.   Graves to be numbered and burials registered

   11.   Memorial work

   12.   Exhumations

   13.   Restricted number of burials in one grave

   14.   Hours of opening of cemetery

   15.   Closing of cemetery

   16.   Exercise of control by caretaker

   17.   Offences within a cemetery

   18.   Penalties

 

      First Schedule

      Second Schedule - Burial Permit (Sesupo Sa Phitlho)

 

S.I. 54, 1968,
S.I. 56, 1997.

 

1.   Citation

   These Bye-laws may be cited as the Gaborone City Council (Cemetery) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "adult", in relation to a deceased person, means a person other than a child;

   "caretaker" means the person designated as such by the council;

   "cemetery" means cemetery established under the provisions of bye-law 3;

   "child" means a child under the age of 10 years;

   "City Clerk" means the City Clerk of Gaborone;

   "Council" means the City Council of Gaborone;

   "memorial work" includes any gravestone, monument, cenotaph, tablet or monumental inscription and any work ancillary thereto.

 

3.   Establishment

   The areas of land defined in the First Schedule are established as cemeteries for the purposes of these Bye-laws.

 

4.   Burials outside cemetery

   No person shall bury or cause to be buried any body elsewhere than in a cemetery.

 

5.   Permit for burials

   (1) No burial shall take place in a cemetery except under, and in accordance with, a permit issued by the City Clerk and on payment of the fees prescribed in bye-law 6.

   (2) The permit shall be in the form set out in the Second Schedule.

   (3) A person making application for a permit shall state-

   (a)   the name, age and sex of the deceased;

   (b)   the religious denomination, if any, of the deceased;

   (c)   the place of death,

and his application shall be accompanied by a certificate of the cause of death signed by a medical practitioner or a duly certified copy thereof or, in the absence of such certificate, by the written permission of a magistrate authorizing the burial.

   (4) The City Clerk may refuse the issue of a permit where the deceased died outside the city area and was not, prior to his death, a resident of the city.

 

6.   Burial fees

   (1) There shall be charged for the issue of a permit in accordance with the provisions of bye-law 5 burial fees of-

   (a)   P10,00 in the case of the burial of an adult;

   (b)   P6,00 in the case of the burial of a child:

   Provided that the City Clerk may waive the payment of such fees in the whole or in part where he is satisfied that the person responsible for the burial is unable to pay the full amount and may, additionally or alternatively, make arrangements for the payment of the fee in instalments; and, in the event of any failure to comply with the terms and conditions of payment imposed by the City Clerk the outstanding balance owing shall forthwith be a debt due to the Council and shall be recoverable in a court of competent jurisdiction.

   (2) In the event of a child's coffin being too large for a child's grave as prescribed in bye-law 7 and if, as a result, it is placed in an adult's grave, burial fees shall be paid at the rate prescribed for the burial of an adult.

 

7.   Dimensions of graves

   (1) Graves shall be of the following dimensions-

 

   (a)   in the case of an adult-  

         length2,128 m 

         width0,912 m 

         depth1,824 m 

   (b)   in the case of a child-  

         length1,524 m 

         width0,912 m 

         depth1,524 m.   (2) A person making application for a permit in accordance with the provisions of bye-law 5(3) shall notify the City Clerk in the event of any coffin being of dimensions greater than those prescribed in sub-bye-law (1)(a) and, in such event, an additional burial fee of P1 shall be payable.

 

8.   Body to be buried in coffin

   Unless the City Clerk otherwise directs no burial shall take place unless the body of the deceased is enclosed in a coffin of solid and sound construction.

 

9.   Coffin to be covered

   The person who is responsible for the burial shall forthwith upon placing the body in a grave cover it with earth until the grave is full.

 

10.   Graves to be numbered and burials registered

   (1) All graves in a cemetery shall be allotted a number and all burials shall be registered in a register book which shall be kept by the City Clerk.

   (2) The register kept under the provisions of sub-bye-law (2) may be inspected by members of the public during office hours on payment of a fee of 25 thebe.

 

11.   Memorial work

   (1) No person may erect on any grave any memorial work without the permission in writing of the City Clerk and in accordance with such permission.

   (2) Any person making application to the City Clerk for permission to erect any memorial work shall, if required to do so, furnish to the City Clerk plans or diagrams thereof in such degree of detail as he may specify and shall supply such details as the City Clerk may require as to the manner in which the work is to be executed.

   (3) The City Clerk may refuse to grant permission for the erection of any other memorial work if he is of the opinion that the memorial work would be unsightly or offensive or if it is not of a permanent and durable nature:

   Provided that any person aggrieved by any decision of the City Clerk under the provisions of this sub-bye-law may appeal to the Council.

   (4) The Council may take down and remove any memorial work which has been placed or erected within a cemetery without their authority or which is not maintained in an adequate state of repair and any cost incurred by the Council in so doing may be recovered from the person who erected the work.

 

12.   Exhumations

   Subject to the provisions of the Inquests Act, no person shall exhume or cause any body to be exhumed within a cemetery or reopen any grave without the consent of the Council.

 

13.   Restricted number of burials in one grave

   Not more than one adult, or two children may be buried in any grave:

   Provided that the body of a still-born child may be buried with the body of its mother.

 

14.   Hours of opening of cemetery

   A cemetery shall be open to the public between the hours of 10 a.m. and 4 p.m.:

   Provided that-

   (a)   nothing in this section shall authorize members of the public to enter any building or enclosed space within a cemetery;

   (b)   children, unless accompanied by a responsible adult, may be excluded from a cemetery.

 

15.   Closing of cemetery

   The council may by resolution close any cemetery; but any cemetery so closed shall continue to be a cemetery except that no burial may take place therein except on the authority of the council.

 

16.   Exercise of control by caretaker

   (1) Every person within a cemetery shall be subject to the direction and control of the caretaker who may, in addition, give such reasonable directions as he thinks fit for the arrangements of funerals and for the times and manner in which work within the cemetery is to be performed.

   (2) No person shall resist or obstruct the caretaker in the execution of his duties or disobey any direction given under the provisions of sub-bye-law (1).

 

17.   Offences within a cemetery

   No person shall-

   (a)   without the consent of the City Clerk or the caretaker be in any cemetery other than during the hours when the cemetery is open under the provisions of bye-law 14;

   (b)   destroy or injure any building, wall or fence in the cemetery or destroy or injure any tree or plant therein;

   (c)   put up any bill in any cemetery or any wall thereof;

   (d)   within a cemetery destroy, injure or deface any memorial work;

   (e)   within a cemetery play any game or sport;

   (f)   within a cemetery discharge any firearm except at a military funeral;

   (g)   disturb or annoy any person attending any funeral within a cemetery;

   (h)   within a cemetery shout or scream or behave in an indecent or immodest manner;

   (i)   enter a cemetery which is enclosed by a fence or wall other than through a gate or door; or

   (j)   allow any dog or livestock within the cemetery.

 

18.   Penalties

   Any person contravening the provisions of these Bye-laws shall be guilty of an offence and liable on conviction to a fine not exceeding P15,00.

FIRST SCHEDULE

   That piece of land known as the old cemetery, being presently Lot 1755.

   That piece of land known as the new cemetery, being presently Lot 4688.

SECOND SCHEDULE
BURIAL PERMIT
SESUPO SA PHITLHO

(bye-law 5(2))

 

 

No.: ..................................................


Nomore:............................................. 

GABORONE CITY COUNCIL 

Name of Applicant: ................................................................................... (Full Name)
Leina la Mokopi: (Block Letters)


Address of Applicant: .................................................................................................


Aterese ya Mokopi: ...................................................................................................


Name of Deceased: ...................................................................................................


Leina la Moswi: .........................................................................................................


Address of Deceased: ................................................................................................


Aterese ya Moswi: .....................................................................................................


Date of Death: ..........................................................................................................


Letsatsi la Loso: .......................................................................................................


Place of Death: ........................................................................................................


Felo ga Loso: ..........................................................................................................


Death Certificate: .....................................................................................................


Sesupo sa Loso: .....................................................................................................


      Age: ........................


      Dingwaga: ................


      Sex: .......................


      Ke Mong: .................


* Religious Denomination: ......................................................................................


* Wa Kereke Efe: ..................................................................................................


   I certify that the information given above is true in every respect.
Mofoko otlhe a ke a buileng ke boammaruri. 

 

................................................
Signature of Applicant
Boitlamo Jwa Mokopi


...............................................
For Official Use Only
Ga Tiriso Ya Babereki Fela
 

Fee: ............................
Tuelo: 

Official Receipt No: .....................................
Nomore Ya Sesupo Sa Tuelo: 

Grave Number: ...................................
Nomore ya Lebitla: 

 

 

..................................................
City Clerk
Mokwaledi wa Motse


Date: .....................................................


Letsatsi:

FRANCISTOWN TOWN COUNCIL (CEMETERY) BYE-LAWS

(under regulations 34 and 35*)

(1st September, 1972)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Establishment of cemeteries

   4.   Burials in cemetery

   5.   Permit for burials

   6.   Burial fees

   7.   Dimensions of graves

   8.   Body to be buried in coffin

   9.   Covering of coffin or body

   10.   Graves to be numbered and burials registered

   11.   Memorial work

   12.   Exhumations and reopenings

   13.   Restricted number of burials in one grave

   14.   Hours of opening of cemetery

   15.   Closing of cemetery

   16.   Exercise of control by caretaker

   17.   Offences within a cemetery

   18.   Penalties

 

      First Schedule - List of Cemeteries

      Second Schedule - Burial Permit (Sesupo Sa Phitlho)

 

S.I. 63, 1972.

 

1.   Citation

   These Bye-laws may be cited as the Francistown Town Council (Cemetery) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "adult" means a person other than a child;

   "caretaker" means any person so designated by the council;

   "cemetery" means a cemetery established under the provisions of bye-law 3;

   "child" means a person under the age of 10 years;

   "council" means the Francistown Town Council;

   "council area" means the area of jurisdiction of the Francistown Town Council;

   "memorial work" means any gravestone, monument, cenotaph, tablet or monumental inscription and any work ancillary thereto;

   "Town Clerk" means the Town Clerk of Francistown.

 

3.   Establishment of cemeteries

   The areas of land defined in the First Schedule are established as cemeteries for the purposes of these Bye-laws.

 

4.   Burial in cemetery

   No person shall bury or cause to be buried any body elsewhere within the council area than in a cemetery.

 

5.   Permit for burials

   (1) No burial shall take place in a cemetery except under and in accordance with a permit issued by the Town Clerk and on payment of the fees prescribed in bye-law 6.

   (2) The permit shall be in the form set out in the Second Schedule.

   (3) A person making application for a permit shall state-

   (a)   the name, age and sex of the deceased;

   (b)   the religious denomination, if any, of the deceased;

   (c)   the place of death,

and his application shall be accompanied by a certificate of the cause of death signed by a medical practitioner or a duly certified copy thereof or, in the absence of such certificate, by the written permission of a magistrate or District Officer authorizing the burial.

   (4) The Town Clerk may refuse the issue of a permit where the deceased died outside the council area and was not, prior to his death, a resident of the council area.

 

6.   Burial fees

   There shall be charged for the issue of a permit in accordance with the provisions of bye-law 5 a burial fee of P5:

   Provided that the Town Clerk may waive the payment of such fees in whole or in part where he is satisfied that the person responsible for the burial is unable to pay the full amount and may, additionally or alternatively, make arrangements for the payment of the fee in instalments, and, in the event of failure to comply with the terms and conditions of payment imposed by the Town Clerk the outstanding balance owing shall forthwith be a debt due to the council and shall be recoverable in a court of competent jurisdiction:

   Provided further that the Town Clerk may waive the payment of such fees in whole or in part when the person responsible for the burial wishes to dig the grave himself and agrees to do so only after receiving authorization from the Town Clerk and undertakes to abide by specified conditions of siting and digging the grave as appear in bye-law 7 and as may be fixed from time to time by the council.

 

7.   Dimensions of graves

   Unless the Town Clerk otherwise directs, graves shall be of the following dimensions-

 

      Length2,134 metres 

      Width0,991 metres 

      Depth1,828 metres.

 

8.   Body to be buried in coffin

   Unless the Town Clerk otherwise directs no burial shall take place unless the body of the deceased is enclosed in a coffin of solid and sound construction.

 

9.   Covering of coffin or body

   The caretaker responsible for the cemetery shall ensure that forthwith upon the placing of the coffin or body in a grave it is covered with earth until the grave is filled.

 

10.   Graves to be numbered and burials registered

   (1) All graves in a cemetery shall be allotted a number and all burials shall be registered in a register which shall be kept by the Town Clerk.

   (2) The register may be inspected by members of the public during office hours.

 

11.   Memorial work

   (1) No person shall erect on any grave any memorial work without permission in writing from the Town Clerk and in accordance with such permission.

   (2) Any person making application to the Town Clerk for permission to erect any memorial work shall, if required to do so, furnish the Town Clerk with plans or diagrams thereof in such degree of detail as he may specify and shall supply such details as the Town Clerk may require as to the manner in which the work is to be executed.

   (3) The Town Clerk may refuse to grant permission for the erection of any memorial work if he is of the opinion that the memorial work would be unsightly or offensive or if it is not of a permanent and durable nature:

   Provided that any person aggrieved by any decision of the Town Clerk may appeal to the council.

   (4) The council may take down and remove any memorial work which has been placed or erected within a cemetery without their authority or which is not maintained in an adequate state of repair and any cost incurred by the council in so doing may be recovered from the person who erected the work.

 

12.   Exhumations and reopenings

   Subject to the provisions of the Inquests Act, no person shall exhume or cause any body to be exhumed within a cemetery or reopen any grave without the consent of the council.

 

13.   Restricted number of burials in one grave

   Unless the Town Clerk otherwise directs, not more than one adult, or two children, may be buried in any grave:

   Provided that the body of a still-born child may be buried with the body of its mother.

 

14.   Hours of opening of cemetery

   A cemetery shall be open to the public between sunrise and sunset:

   Provided that-

   (i)   the Town Clerk or the caretaker may from time to time authorize an earlier opening or a later closing;

   (ii)   nothing in this bye-law shall authorize members of the public to enter any building or enclosed space within a cemetery; and

   (iii)   children, unless accompanied by a responsible adult, may be excluded from a cemetery.

 

15.   Closing of cemetery

   The council may close any cemetery, but any cemetery so closed shall continue to be a cemetery except that no burial may take place therein except on the authority of the council.

 

16.   Exercise of control by caretaker

   (1) Every person within a cemetery shall be subject to the direction and control of the caretaker who may, in addition, give reasonable directions as he thinks fit for the arrangements of funerals.

   (2) No person shall resist or obstruct the caretaker in the execution of his duties or disobey any directions given under the provisions of this bye-law.

 

17.   Offences within a cemetery

   No person shall-

   (a)   without the consent of the Town Clerk or the caretaker be in any cemetery other than during the hours when the cemetery is open under the provisions of bye-law 14;

   (b)   destroy or injure any building, wall or fence in the cemetery or destroy or injure any tree or plant therein;

   (c)   put up any bill in any cemetery or any wall thereof;

   (d)   within a cemetery destroy, injure or deface any memorial work;

   (e)   within a cemetery play any game or sport;

   (f)   within a cemetery discharge any firearm except at a military funeral;

   (g)   disturb or annoy any person attending any funeral within a cemetery;

   (h)   within a cemetery shout or scream or behave in an indecent or immodest manner;

   (i)   enter a cemetery which is enclosed by a fence or wall other than through a gate or door; or

   (j)   allow any dog or livestock within a cemetery.

 

18.   Penalties

   Any person contravening the provisions of these Bye-laws shall be guilty of an offence and liable on conviction to a fine not exceeding P15.

FIRST SCHEDULE
LIST OF CEMETERIES

(Bye-law 3)

No. 1 -   Cemetery adjacent to the Tati River and West of the Railway Bridge within Riverside South Polling Ward which is shown more fully on Plan NO-108.

No. 2 -   Cemetery near the Inchwe River and North of the Monarch Bridge and Road within the Monarch Polling Ward which site is shown more fully on Plan NO-107.

No. 3 -   Cemetery northeast of the intersection of the Monarch Road and the Veterinary Offices Road within the Government Camp Polling Ward which site is shown more fully on Plan NO-106.

No. 4 -   Cemetery south of the Maun Road and West of the Railway Reserve near the Nyangabgwe School within the Francistown Central Polling Ward which site is shown more fully on Plan NO-105.

No. 5 -   Cemetery north of the Palapye Road and south of the Matsiloje Road within the Francistown East Polling Ward and Known as Stand No. 1012, which site is shown more fully on Plan NO-104.

SECOND SCHEDULE
BURIAL PERMIT
(Sesupo sa Phitlho)

(Bye-law 5(2))

 

 

Number .........................................


(Nomore): ...................................... 

FRANCISTOWN TOWN COUNCIL 

Applicant's Name
(Leina la Mokopi): ....................................................................................................


Address of Applicant
(Aterese ya Mokopi): ...............................................................................................


Name of Deceased:
(Leina la Moswi) ......................................................................................................


Date of Death
(Letsatsi la Loso): ....................................................................................................


Place of Death
(Felo ga Loso) .........................................................................................................


Death Certificate (issued where and by whom and when)
(Sesupo sa Loso) .................................................................................................... 

Age
(Dingwaga): ................................ 

Sex
(Ke Mong): ....................................... 

Religious Denomination *
(Wa Kereke efe) * : .....................................................................................................


I certify that the information given above is true in every respect
(Mafoko otlhe a ke a buileng ke boammaruri)


.................................................
Signature of Applicant
(Boitlamo jwa Mokopi)

LOBATSE TOWN COUNCIL (CEMETERY) BYE-LAWS

(under regulations 34 and 35*)

(29th September, 1978)

ARRANGEMENT OF BYE-LAWS

   BYE-LAWS

 

   1.   Citation

   2.   Interpretation

   3.   Establishment

   4.   Burials outside cemetery

   5.   Burials without permit

   6.   Application for burial permits

   7.   Fees

   8.   Dimensions of graves

   9.   Body to be buried in coffin

   10.   Coffin to be covered

   11.   Graves to be numbered and burials registered

   12.   Restriction on erection of memorial work on graves

   13.   Exhumations

   14.   Restriction of number of bodies in one grave

   15.   Hours of opening of cemeteries

   16.   Closing of cemeteries

   17.   Exercise of control of cemeteries by caretakers

   18.   Offences within cemeteries

   19.   Penalties

 

      First Schedule - Areas Established as Cemeteries

      Second Schedule - Burial Permit

      Third Schedule - Burial Fees

      Fourth Schedule - Grave Dimensions

 

S.I. 104, 1978.

 

1.   Citation

   These Bye-laws may be cited as the Lobatse Town Council (Cemetery) Bye-laws.

 

2.   Interpretation

   In these Bye-laws-

   "the caretaker" means the person designated by the Town Council as the caretaker of a particular cemetery;

   "cemetery" means an area established as a cemetery by bye-law 3;

   "child" means a person under 10 years of age;

   "memorial work" means any gravestone, monument, cenotaph, tablet or monumental inscription and any work ancillary thereto;

   "Town Clerk" means the Town Clerk of the Lobatse Town Council;

   "Town Council" means the Lobatse Town Council.

 

3.   Establishment

   Each of the areas specified in the First Schedule is hereby established as a cemetery.

 

4.   Burials outside cemetery

   No person shall bury or cause to be buried a body in any place other than in a cemetery.

 

5.   Burials without permit

   (1) No person shall bury or cause to be buried a body in a cemetery unless a permit for the burial of that body has been issued by the Town Clerk or the caretaker of the cemetery.

   (2) Every burial permit issued under this bye-law shall be in the form set out in the Second Schedule.

 

6.   Application for burial permits

   Every application for a burial permit to be issued under bye-law 5 shall be in the form set out in the Second Schedule and shall be accompanied by-

   (a)   a death certificate signed by a medical practitioner or a copy thereof certified to be a true copy by an administrative officer or other responsible person; or

   (b)   by the written sanction of a magistrate or administrative officer authorizing the burial.

 

7.   Fees

   (1) Subject to this bye-law, a fee shall be paid for every burial permit issued under bye-law 5 before the permit is issued.

   (2) The fee to be paid for a burial permit issued under bye-law 5 shall be as specified in the Third Schedule.

   (3) Where the Town Clerk is satisfied that any fee payable under this bye-law cannot, by reason of poverty, be paid, he may-

   (a)   remit the fee either wholly or in part;

   (b)   direct that the fee, or so much of the fee as he has not remitted under sub-bye-law (a), shall be paid by instalments of such amounts and at such times as he shall specify.

 

8.   Dimensions of graves

   Except where the Town Clerk otherwise directs, no person shall bury or cause to be buried a body in a cemetery unless the grave has the dimensions specified in the Fourth Schedule.

 

9.   Body to be buried in coffin

   Except where the Town Clerk otherwise directs, no person shall bury or cause to be buried a body in a cemetery unless the body is enclosed in a coffin of solid and sound construction:

   Provided that this bye-law shall not apply in the case of the burial of a Muslim.

 

10.   Coffin to be covered

   The caretaker of the cemetery in which a body is buried shall ensure that as soon as the coffin or body is placed in a grave it is covered with earth until the grave is filled.

 

11.   Graves to be numbered and burials registered

   (1) Every grave in a cemetery shall be allocated a number and the particulars of every burial shall be recorded in a register kept by the Town Clerk.

   (2) The register referred to in sub-bye-law (1) may be inspected by members of the public during ordinary office hours.

 

12.   Restriction on erection of memorial work on graves

   (1) No person shall erect on any grave any memorial work unless the written permission of the Town Clerk has been granted therefor and the erection is carried out in accordance with that permission.

   (2) A person making application to the Town Clerk for his permission to erect any memorial work on a grave shall, if the Town Clerk requires him to do so, furnish the Town Clerk with plans or diagrams thereof in such degree of detail as to the manner in which the work is to be executed as the Town Clerk may require.

   (3) The Town Clerk may refuse to grant permission for the erection of any memorial work on a grave if he is of the opinion that the memorial work would be unsightly or offensive or if it would not be of a permanent and durable nature; but any person aggrieved by such a refusal to grant permission may appeal to the Town Council whose decision shall be final.

   (4) The Town Council may take down and remove any memorial work erected on a grave without the permission of the Town Clerk or of the Town Council granted on appeal under this bye-law or which is not maintained in an adequate state of repair and may recover from the person who erected the memorial work the cost of so doing.

 

13.   Exhumations

   Subject to the Inquests Act, no person shall exhume or cause to be exhumed a body within a cemetery or reopen any grave except with the written permission of the Town Council.

 

14.   Restriction of number of bodies in one grave

   No person shall bury or cause to be buried in a cemetery more than one body of a person who is not a child or more than two bodies of children in one grave unless the written permission of the Town Clerk has been granted therefor:

   Provided that the body of a still-born child may be buried with the body of its mother in one grave without permission therefor being granted under this bye-law.

 

15.   Hours of opening of cemeteries

   Every cemetery shall be open to the public between sunrise and sunset:

   Provided that-

   (i)   the Town Clerk or the caretaker of the cemetery may from time to time authorize an earlier opening or a later closing of the cemetery;

   (ii)   nothing in this bye-law shall authorize members of the public to enter any building or enclosed space within the cemetery; and

   (iii)   children, unless accompanied by a responsible adult, may be excluded from the cemetery.

 

16.   Closing of cemeteries

   The Town Council may close any cemetery; but any cemetery so closed shall remain a cemetery except that no person shall bury or cause to be buried a body therein except with the written permission of the Town Council.

17.   Exercise of control of cemeteries by caretakers

   (1) Every person within a cemetery shall be subject to the directions and control of the caretaker of the cemetery.

   (2) A caretaker of a cemetery may give such reasonable directions as he thinks fit for the arrangement of funerals or of a particular funeral.

   (3) No person shall resist or obstruct the caretaker of a cemetery in the performance of his functions or disobey any lawful directions given by the caretaker.

 

18.   Offences within cemeteries

   No person shall-

   (a)   enter or remain in any cemetery other than when the cemetery is open to the public in accordance with bye-law 15;

   (b)   destroy, injure or damage any building, wall, fence, tree or plant within a cemetery;

   (c)   put up any bill in a cemetery or on any wall or fence thereof;

   (d)   destroy, injure or damage any memorial work within a cemetery;

   (e)   play any game or sport in a cemetery;

   (f)   discharge a firearm in a cemetery, unless he is lawfully ordered to do so as part of a military funeral;

   (g)   disturb or annoy any person attending a funeral in a cemetery;

   (h)   shout, scream or behave in a disorderly, indecent, immodest or irreverent manner in or immediately adjacent to a cemetery;

   (i)   enter a cemetery which is enclosed by a fence or wall other than through a gate or door; or

   (j)   permit or allow any dog or livestock to enter or remain in any cemetery.

 

19.   Penalties

   Any person who contravenes these Bye-laws shall be liable to a fine not exceeding P15 or in default of payment to imprisonment for a term not exceeding two months.

FIRST SCHEDULE
AREAS ESTABLISHED AS CEMETERIES

(bye-law 3)

   Fenced areas east of Lobatse Township centre used as a cemetery

SECOND SCHEDULE
BURIAL PERMITS

(bye-laws 5 and 6)

PART I
Application for Burial Permit/
Kopo Ya Tetlelelo Ya Phitlho

 

LOBATSE TOWN COUNCIL


Applicant's full name
Leina la mokopi .......................................................................................................


Block letters/Ditlhaka tse ditona


Applicant's address
Aterese ya mokopi ..................................................................................................


Name of deceased
Leina la moswi ........................................................................................................


Address of deceased
Aterese ya moswi ...................................................................................................


Sex of deceased
Moswi ke mong ......................................................................................................


Age of deceased
Dingwaga tsa moswi ................................................................................................


Religious denomination of deceased *
Wa kereke efe-moswi * ...........................................................................................


Date of death
Letsatsi la loso ........................................................................................................


Place of death
Felo ga loso ............................................................................................................


Death certificate (place and date of issue and name of issuing person)
Sesupo sa loso (felo, letsatsi le leina la yoo ntshitseng sesupo)


................................................................................................................................


................................................................................................................................


I certify that the information given above is true in every respect.
Mafoko otlhe a ke a buileng ke boammaruri.


................................................
Signature of applicant
Boitlamo jwa mokopi

PART II

 

For Official Use Only
Ga Tiriso Ya Babereki Fela 

Fee
Tuelo ...........................................


Grave number
Nomore ya lebitla ......................... 

Official Receipt No.
Nomore ya sesupo sa tuelo ...................

PART III
Burial Permit

 

Tetlelelo ya Phitlho
Burial Hereby Permitted
Phitlho e Letleletswe


...................................................................
Town Clerk/Caretaker 

 

Date


Letsatsi .........................................

THIRD SCHEDULE
BURIAL FEES

(bye-law 7)

 

Persons other than children 

P6 per grave 

Children 

P4 per grave

FOURTH SCHEDULE
GRAVE DIMENSIONS

(bye-law 8)

 

Grave of person other than child- 

 

   length 

2,128 m 

   width 

0,912 m 

   depth 

1,824 m 

Grave of child- 

 

   length 

1,524 m 

   width 

0,912 m 

   depth 

1,524 m 

Grave of two children- 

 

   length 

1,524 m 

   width 

1,218 m 

   depth 

1,524 m

SELEBI-PHIKWE TOWN COUNCIL (CEMETERY) BYE-LAWS

(under regulations 34 and 35*)

(11th January, 1974)

ARRANGEMENT OF BYE-LAWS

   BYE-LAWS

 

   1.   Citation

   2.   Interpretation

   3.   Establishment of cemeteries

   4.   Burial in cemetery

   5.   Burial permit

   6.   Burial fees

   7.   Dimensions of graves

   8.   Body to be buried in coffin

   9.   Covering of coffin or body

   10.   Graves to be numbered and burials registered

   11.   Memorial work

   12.   Exhumations and reopenings

   13.   Restricted number of burials in one grave

   14.   Hours of opening of cemetery

   15.   Closing of cemetery

   16.   Exercise of control by caretaker

   17.   Offences within a cemetery

   18.   Penalty

 

      First Schedule

      Second Schedule

 

S.I. 1, 1974,
S.I. 27, 2004.

 

1.   Citation

   These Bye-laws may be cited as the Selebi-Phikwe Town Council (Cemetery) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "adult" means a person other than a child;

   "caretaker" means any person so designated by the council;

   "cemetery" means a cemetery established under the provision of bye-law 3;

   "child" means a person under the age of 10 years;

   "memorial work" means any gravestone, monument, cenotaph, tablet or monumental inscription and any work ancillary thereto.

 

3.   Establishment of cemeteries

   The areas of land defined in the First Schedule are established as cemeteries for the purposes of these Bye-laws.

 

4.   Burial in cemetery

   No person shall bury or cause to be buried any body elsewhere within the council area than in a cemetery.

 

5.   Burial permit

   (1) No burial shall take place in a cemetery except under and in accordance with a permit issued by the Town Clerk and on payment of the fees prescribed in bye-law 6.

   (2) The permit shall be in the form set out in the Second Schedule.

   (3) A person making application for a permit shall state-

   (a)   the name, age and sex of the deceased;

   (b)   the religious denomination, if any, of the deceased; and

   (c)   the place of death,

and his application shall be accompanied by a certificate of death signed by a medical practitioner or a duly certified copy thereof or, in the absence of such certificate, by the written permission of a magistrate or District Officer authorizing the burial.

   (4) The Town Clerk may refuse the issue of a permit where the deceased died outside the council area and was not prior to his death a resident of the area.

 

6.   Burial fees

   There shall be charged for the issue of a permit in accordance with the provision of bye-law 5 a burial fee of P5:

   Provided that-

   (i)   the Town Clerk may waive the payment of such fees in whole or in part where he is satisfied that the person responsible for the burial is unable to pay the full amount and may, additionally or alternatively, make arrangements for the payment of the fee in instalments, and in event of failure to comply with the terms and conditions of payment imposed by the Town Clerk, the outstanding balance owing shall forthwith be a debt due to the council and shall be recoverable in a court of competent jurisdiction; and

   (ii)   the Town Clerk may waive the payment of such fees in whole or in part when the person responsible for the burial wishes to dig the grave himself and agrees to do so only after receiving authorization from the Town Clerk and undertakes to abide by the specified conditions of siting and digging the grave as appear in bye-law 7 and as may be fixed from time to time by the council.

 

7.   Dimensions of graves

   Unless the Town Clerk otherwise directs, graves shall be of the following dimensions-

 

         Length2,128 metres 

         Width0,912 metres 

         Depth1,824 metres.

 

8.   Body to be buried in coffin

   Unless the Town Clerk otherwise directs, no burial shall take place unless the body of the deceased is enclosed in a coffin of solid and sound construction.

 

9.   Covering of coffin or body

   (1) The family of the deceased shall-

   (a)   immediately upon the placing of the coffin or body in a grave, cover it with earth until the grave is filled; and

   (b)   be responsible for the maintenance and upkeep of the grave from the date of the burial.

   (2) Notwithstanding the provisions of paragraph (1)(b), the Council shall, after satisfying itself that there is no family available to maintain and upkeep a particular grave, be responsible for the maintenance and upkeep of such grave.

 

10.   Graves to be numbered and burials registered

   (1) All graves in a cemetery shall be allocated a number and all burials shall be registered in a register which shall be kept by the Town Clerk.

   (2) The register may be inspected by members of the public during office hours.

 

11.   Memorial work

   (1) No person shall erect on any grave any memorial work without permission in writing from the Town Clerk and in accordance with such permission.

   (2) Any person making application to the Town Clerk for permission to erect any memorial work shall, if required to do so, furnish the Town Clerk with plans or diagrams thereof in such degree of detail as he may specify and shall supply such details as the Town Clerk may require as to the manner in which the work is to be executed.

   (3) The Town Clerk may refuse to grant permission for the erection of any memorial work if he is of the opinion that the memorial work would be unsightly or offensive or if it is not of permanent and durable nature:

   Provided that any person aggrieved by any decision of the Town Clerk may appeal to the council.

   (4) The council may take down and remove any memorial work which has been placed or erected within a cemetery without their authority or which is not maintained in an adequate state of repair and any cost incurred by the council in so doing may be recovered from the person who erected the work.

 

12.   Exhumations and re-openings

   Subject to the provisions of the Inquests Act, no person shall exhume or cause any body to be exhumed within a cemetery or re-open any grave except with the consent of the council.

 

13.   Restricted number of burials in one grave

   Unless the Town Clerk otherwise directs, not more than one body of an adult or two bodies of children may be buried in one grave:

   Provided that the body of a still-born baby may be buried with the body of its mother.

 

14.   Hours of opening of cemetery

   A cemetery shall be open to the public between sunrise and sunset provided that-

   (a)   the Town Clerk or caretaker may from time to time authorize an earlier opening or a later closing;

   (b)   nothing in this bye-law shall authorize members of the public to enter any building or enclosed space within a cemetery; and

   (c)   children, unless accompanied by a responsible adult, may be excluded from a cemetery.

 

15.   Closing of cemetery

   The council may close any cemetery, but any cemetery so closed shall continue to be a cemetery except that no burial may take place therein except on the authority of the Council.

 

16.   Exercise of control by caretaker

   (1) Every person within a cemetery shall be subject to the direction and control of the caretaker who may, in addition, give reasonable direction as he thinks fit for the arrangement of funerals.

   (2) No person shall resist or obstruct the caretaker in the execution of his duties or disobey any directions given under the provisions of this bye-law.

 

17.   Offences within a cemetery

   No person shall-

   (a)   without the consent of the Town Clerk or the caretaker, be in any cemetery other than during the hours when the cemetery is open under the provisions of bye-law 14;

   (b)   destroy or injure any building, wall or fence in the cemetery or destroy or injure any tree or plant thereof;

   (e)   put up any bill in any cemetery or any wall thereof;

   (d)   within a cemetery, destroy, injure or deface any memorial work;

   (e)   within a cemetery, play any game or sport;

   (f)   within a cemetery discharge any firearm except at a military funeral;

   (g)   disturb or annoy any person attending any funeral within a cemetery;

   (h)   within a cemetery, shout or scream or behave in an indecent or immodest manner;

   (i)   enter a cemetery which is enclosed by a fence or wall other than through a gate or door; or

   (j)   allow any dog or livestock within a cemetery.

 

18.   Penalty

   Any person contravening the provisions of these Bye-laws shall be guilty of an offence and liable to a fine not exceeding P15 or, in default of payment, to imprisonment for a term not exceeding two months.

FIRST SCHEDULE
LIST OF CEMETERIES

(bye-law 3)

1.   Fenced area north of the town centre used as a cemetery.

SECOND SCHEDULE
BURIAL PERMIT
SESUPO SA PHITLHO

(bye-law 5(2))

 

 

Number
Nomore ............................................. 

SELEBI-PHIKWE TOWN COUNCIL 

Applicant's Name ....................................................................................... (Full name)
Leina la Mokopi


(BLOCK LETTERS)
(DITLHAKA TSE DITONA) 

Applicant's Address
Aterese ya Mokopi .....................................................................................................


Name of Deceased
Leina la Moswi ..........................................................................................................


Address of Deceased
Aterese ya Moswi .....................................................................................................


Date of Death.
Letsatsi la loso ........................................................................................................


Place of Death
Felo ga loso .............................................................................................................


Death Certificate (issued where and by whom and when)
Sesupo sa Loso .....................................................................................................


..................................................................................................... 

............................... 

Sex ....................................
Mong 

Age
Dingwaga


* Religious Denomination
* Wa Kereke efe 



............................................................ 

I certify that the information given above is true in every respect.
Mafoko otlhe a ke a buileng ke boammaruri. 

 

....................................................
Signature of applicant
Boitlamo jwa mokopi


....................................................
Town Clerk 

FOR OFFICIAL USE ONLY
GA TIRISO YA BABEREKI FELA 

Fee ...................................................
Tuelo 

Official Receipt No.
Nomore ya sesupo sa tuelo ........................ 

Grave Number
Nomore ya Lebitla ............................ 

 

APPROVED 

................................................
Town Clerk 

 

Date
Letsatsi ................................................

GABORONE CITY COUNCIL (SMOKING IN CINEMAS) BYE-LAWS

(under regulations 34 and 35*)

(16th April, 1971)

ARRANGEMENT OF BYE-LAWS

   BYE-LAWS

 

   1.   Citation

   2.   Smoking in cinemas prohibited

   3.   Penalties

 

S.I. 54, 1971

 

1.   Citation

   These Bye-laws may be cited as the Gaborone City Council (Smoking in Cinemas) Bye-laws.

 

2.   Smoking in cinemas prohibited

   (1) No person shall smoke tobacco or any other substance in a pipe or in the form of a cigar, cheroot, cigarillo or cigarette or in any other form or manner in any cinema, theatre, hall or roofed and enclosed place in which a public meeting, service, entertainment, recital or performance is being held, shown or given.

   (2) This bye-law shall not apply to any performer while engaged in playing a part in any theatrical performance.

 

3.   Penalties

   Any person who contravenes bye-law 2 shall be guilty of an offence and shall be liable on a first conviction to a fine not exceeding P10 or, in default of payment, to imprisonment for a term not exceeding 14 days and on a subsequent conviction to a fine not exceeding P50 or, in default of payment, to imprisonment for a term not exceeding two months.

FRANCISTOWN TOWN COUNCIL (TRAFFIC) BYE-LAWS

(under regulations 34 and 35*)

(2nd December, 1966)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

   1.   Citation

   2.   Interpretation

   3.   Offences and penalties

      Schedule

L.N. 101, 1966.

1.   Citation

   These Bye-laws may be cited as the Francistown Town Council (Traffic) Bye-laws.

2.   Interpretation

   In These Bye-laws, unless the context otherwise requires-

   "a street in which the making of a U-turn is prohibited" means a street in which the council has erected signs indicating that the making of a U-turn in the street is prohibited;

   "council" means the Francistown Town Council;

   "council area" means the area for which the council has been established and in which the council has erected signs indicating the speed limit;

   "driver" means driver or rider of a vehicle;

   "non-parking area" means an area in which the council has erected signs indicating it is a non-parking area or that parking is prohibited except within the spaces indicated by painted lines;

   "omnibus" means a vehicle designed solely or principally for the carriage of persons exceeding seven in number;

   "one-way street" means any street or avenue which intersects any other street or avenue at the intersection of which the council has erected a sign indicating that it is a one-way street;

   "sign" means a sign made in conformity with the terms of the Convention of Road Traffic (Geneva, 1949);

   "park" means to keep a vehicle, whether occupied or not, stationary for a period of time greater than is necessary for the action of loading or unloading of persons or goods; and parking shall be construed accordingly;

   "vehicle" includes any engine, wagon, dray, cart, carriage, bicycle or other means of carrying persons or goods by land having two or more wheels, whether driven or propelled by human, animal, steam, electric or other power, but shall not include any baby carriage or perambulator;

   "stop street" means any street or avenue at the intersection of which the council has erected a sign indicating that it is a stop street.

3.   Offences and penalties

   Any driver who-

   (a)   parks a vehicle or an omnibus in a non-parking area in Haskins Street contrary to the provisions of the Schedule;

   (b)   makes a U-turn in a street in which the making of a U-turn is prohibited and which is specified in the Schedule;

   (c)   drives a vehicle within the council area in excess of a speed limit of 60 kilometres per hour;

   (d)   enters the intersection of a stop street without first stopping at the line painted thereat to ensure that the street he is about to enter is clear;

   (e)   enters or drives along a one-way street in the direction in which such entry or driving is prohibited;

   (f)   rides a bicycle not fitted with a red rear reflector,

shall be guilty of an offence and liable to a fine of not exceeding P20.

SCHEDULE

   1. The parallel parking of vehicles shall not be permitted in the east side of Haskins Street except within the spaces indicated by painted lines, 1,22 metres from the southern corner of the intersection of Selous Avenue and Haskins Street and continuing to the northern corner of the intersection of Tainton Avenue and Haskins Street.

   2. The parking of vehicles shall not be permitted on the east side of Haskins Street between the north-east corner of Stand 535 and the northern corner of the intersection of Selous Avenue and Haskins Street.

   3. The diagonal parking of vehicles shall not be permitted in Haskins Street except on the west side thereof.

   4. The parking of omnibuses shall not be permitted in Haskins Street except within the area indicated by the painted lines on the west side opposite Lobengula Avenue and extending in a southerly direction.

   5. Street in which the making of a U-turn is prohibited-

Haskins Street.

FRANCISTOWN TOWN COUNCIL (HAIRDRESSER AND BARBER) BYE-LAWS

(under regulations 34 and 35*)

(11th April, 1997)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

   1.   Citation

   2.   Interpretation

   3.   Application for licence

   4.   Premises of business

   5.   Duties of a hairdresser

   6.   Inspection of premises

   7.   Offence and penalty

S.I. 23, 1997.

1.   Citation

   These Bye-Laws may be cited as the Francistown Town Council (Hairdressing) Bye-Laws.

2.   Interpretation

   In these Bye-Laws, unless the context otherwise requires-

   "authorised official" means any person authorised by the Council for the purpose of giving effect to these Bye-Laws;

   "Council" means the Town Council of Francistown;

   "hairdresser" includes a barber and any person carrying out a manicure or a pedicure;

   "licensee" means the holder of a licence issued under regulation 3(2).

3.   Application for licence

   (1) No person shall carry on the business of hairdressing without being licensed under these Bye-Laws.

   (2) A person who intends to carry on the business of hairdressing shall make an application to the Council, on the such form as may be prescribed giving such information as the Council may require and the Council may, if it is satisfied that the requirements of the Bye-Laws are met and upon payment of a fee of P30, issue the appropriate licence valid for a year.

   (3) Subject to bye-law (2), the licensee shall pay to the Council, an annual fee of P30.

   (4) A licence issued under these Bye-Laws shall not be transferable without the consent of the Council and may be revoked by Council if the licensee thereof is convicted of an office under these Bye-Laws.

4.   Premises of business

   (1) Premises used for the business of hairdressing shall-

   (a)   be approved by the Council in writing;

   (b)   be used solely for the business of hairdressing;

   (c)   not be less than 7,5 square metres in size;

   (d)   have adequate ventilation and lighting;

   (e)   be free from insects, rodents or vermin;

   (f)   be maintained at all times in a clean and sanitary condition.

   (2) Where in the opinion of the Council, premises are such that they are likely to constitute or pose a danger to public health, the Council may direct the closure of such premises until it is satisfied that the danger or threat has been remedied.

5.   Duties of a hairdresser

   A hairdresser shall-

   (a)   ensure that all utensils, vessels, containers, hairclippers, scissors, linen, towel cloths, furnishing and other articles used in the conduct of the business are maintained in a clean and sanitary condition by the use of a soap and water or approved means or sterilization;

   (b)   take all reasonable steps to ensure that clean, sterilized and disinfected articles are kept separate from those which have not been washed, sterilised or disinfected;

   (c)   ensure that at all reasonable times there are sufficient receptacles of galvanized metal or other corrosive metal available for collection, storing and disposing of all refuses;

   (d)   ensure that adequate toilet facilities are available for all working staff and patrons of the premises;

   (e)   ensure that cleaning agents which contain potential hazardous or poisonous substances harmful to human beings are not used for cleaning and disinfecting equipment for the business;

   (f)   provide to the working staff at least two pairs of protective clothing made of light colour and washable material;

   (e)   employ at least one other qualified hairdresser.

6.   Inspection of premises

   (1) An authorised official may at any reasonable time enter and inspect the premises used for the business of hairdressing for the purpose of ensuring that the condition of the premises and the operation of the business comply with these Bye-Laws or the conditions of the licence.

   (2) Any person who refuses an authorised official entry into the premises used for the business of hairdressing shall be guilty of an offence and liable to the penalty contained in bye-law 7.

7.   Offence and penalty

   Any person who contravenes or fails to comply with these Bye-Laws shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding three months.

FRANCISTOWN TOWN COUNCIL ROADS AND TRAFFIC BYE-LAWS

(under regulations 34 and 35*)

(5th September, 1997)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

PART I
Preliminary

   1.   Citation

   2.   Application

   3.   Interpretation

   4.   Queues

   5.   Damage to signs

   6.   Numbering of houses and buildings

PART II
Parking of Vehicles

   7.   Parking - general

   8.   Time limit parking

   9.   Metered parking bays

   10.   Motor omnibus stopping places

PART III
Municipal Car Parks

   11.   Presumption

   12.   Entry to municipal car parks

   13.   Manner of parking

   14.   Charges for parking

   15.   Parking tickets

PART IV
Private Car Parks

   16.   Establishment of private car parks

   17.   Control and maintenance of private car parks

   18.   Contraventions of conditions

   19.   Penalties

PART V
Defences

   20.   Defences

S.I. 79, 1997.

PART I
Preliminary (bye-laws 1-6)

1.   Citation

   These Bye-Laws may be cited as the Francistown Town Council Roads and Traffic Bye-Laws.

2.   Application

   These Bye-Laws shall apply to-

   (a)   the municipal area of Francistown; and

   (b)   land owned or governed by the municipality but outside the limits of the municipal area of Francistown.

3.   Interpretation

   In these Bye-Laws-

   "authorized official" means any person authorized by the Council for the purpose of giving effect to these bye-laws;

   "bus stop" means a place on an omnibus route intended for the picking up and depositing of passengers, which may be demarcated by yellow lines and indicated by a sign bearing the words " Bus Stop" or the word "Bus" painted in yellow on the road surface within such bus stop;

   "carriageway" means that portion of a road formed for the use of vehicular traffic and includes that portion of a road between kerbs or temporary kerbs;

   "Council" means the Town Council of Francistown;

   "cycle", "motor vehicle", "motor cycle", "heavy commercial vehicle", "omnibus", "taxi", "trailer" and "vehicle" have the meaning assigned to them in the Road Traffic Act;

   "forward parking" means driving a motor vehicle forward into a parking bay;

   "invalid carriage" means a vehicle propelled by mechanical power and specially designed, constructed or adapted for the use of persons suffering from some physical defect or disability;

   "land" includes an improvement or building thereon;

   "maintenance" includes repair and renewal, and maintain shall be constructed accordingly;

   "metered parking bay" means a parking bay whereon the parking of motor vehicles is controlled and regulated by a parking meter;

   "municipal car park" means any land which is provided and maintained by the Council as a place for the parking of motor vehicles, whether or not a charge is levied for parking;

   "no parking area" means an area in any road which is designated by means of-

   (a)   a sign or signs erected or placed so as to indicate the extremities of the area and bearing the words "No Parking";

   (b)   visible marking on the surface of the road so as to define the boundaries of the area, and with the words "No parking" painted thereon; or

   (c)   yellow lines painted on the road, parallel to the kerb;

   "parking bay" means a subdivision of a car park or of a parking area intended for the accommodation of a single vehicle;

   "parking meter" means a mechanical device for the purpose of controlling and regulating the parking of motor vehicles in parking bays or in parking areas where such meters are installed, and includes the standard to which the meter is affixed;

   "parking area"-

   (a)   in relation to motor vehicles, other than omnibuses, motor cycles having less than three wheels and cycles, means an area which is designated by white boundary lines (whether continuous or broken) on the surface of a road so as to define the boundaries of the area where such vehicles may park;

   (b)   in relation to omnibuses, taxis, motor cycles having less than three wheels or cycles, means an area which is designated by means of yellow boundary lines (whether continuous or broken) on the surface of the road so as to define the boundaries of the area where such vehicles may park, and with the word or words "buses", "taxis", "motor cycles", or "cycles", as the case may be, painted on the road surface:

         Provided that where the surface of a road has not been covered with a wearing surface, such as an asphalt seal-coat-like preparation, a parking area for the parking of omnibuses, taxis, motor cycles, or cycles may be designated by means of signs bearing the word or words "buses", "taxis", "motor cycles", or "cycles", as the case may be;

   "pavement" means a footway or side-walk besides a road, the surface of which has been provided with a wearing covering of cement, concrete, asphalt or other like material or preparation;

   "private car park" means a car park established on private land for use by the public on payment of a fee, but does not include on site parking provided by property owners for the private use of themselves, their tenants or their employees;

   "road" means any street, road, highway, lane, service-lane, footway, side-walk, alley, passage, square or bridge, or other place of a like nature, or any portion thereof, and includes all appurtenances thereof, and whether a thoroughfare or not;

   "service-lane" means a passage way or service-lane usually situated at the rear of blocks of building and primarily provided for the servicing of such buildings and the loading or unloading of goods;

   "side-walk" means the space in the street or road between the kerb or the edge of the carriage-way and the boundary of the stands or plots on the same side of the carriage-way;

   "wheel clamp" means a device which, when fitted to the wheel of an unlawfully parked vehicle by an authorized officer, will prevent it from being moved until the clamp is removed by such officer.

4.   Queues

   (1) When more than two persons are waiting on any sidewalk, road or other public thoroughfare for admission to any dance hall, cinema hall, theatre, sports ground or other place of public entertainment, or for the purpose of booking seats in respect of any of the aforementioned places of entertainment, or for any similar purpose, such persons shall form a queue, not exceeding two persons abreast, parallel with and immediately adjacent to the line of the building or place concerned.

   (2) Whether more than two persons are waiting on any sideway, road or other public thoroughfare for the purpose of boarding a public service vehicle such persons shall form a queue, not exceeding two persons abreast, parallel with and immediately adjacent to the edge of such sidewalk, road or thoroughfare.

   (3) The first person to arrive shall have precedence in any such queue as is referred to in sub-bye-laws (1) and (2), and, in a queue of two persons abreast, the person on the side nearest to the premises or public service vehicle to which entry is desired shall have precedence.

   (4) Every person desirous of taking up position in any such queue shall stand abreast of or behind the last person in the queue already formed.

   (5) Any person standing in a queue shall comply with all such directions of a policeman or authorised official as may be necessary for the proper control of such queue, or for the prevention of any obstruction of traffic.

   (6) Persons standing in a queue shall not cause any obstruction at the entrance to, or exit from any building or premises in front of which such queue is formed.

   (7) Any person who fails to comply with, or who contravenes any of the provisions of this bye-law shall be guilty of an offence.

5.   Damage to signs

   Any person who interferes with, removes, injures or destroys any traffic sign, road sign, street name plate, house number, direction sign, notice board, post box, erected or installed by the Council, or any other street furniture or thing, or who obliterates or disfigures the same by pasting or affixing in any way thereto or over the same, any bill placard or notice, or by writing, stamping, painting or drawing thereon, without the permission of Council, shall be guilty of an offence.

6.   Numbering of houses and buildings

   Where the Council, in terms of the Francistown Town Council (General) Bye-Laws, directs any owner or occupier of any house or premises to mark or affix a number to such house or premises, then notwithstanding such Bye-Laws the number shall be-

   (a)   affixed or painted on a gate-post or building or in other such conspicuous place as to be visible and legible from the centre of the street; and,

   (b)   of a size not less than forty millimetres in height.

PART II
Parking of Vehicles (bye-laws 7-10)

7.   Parking - general

   (1) Any person who parks-

   (a)   any vehicle other than a motor vehicle in any parking area designated as such and marked by white boundary lines;

   (b)   any motor vehicle, other than a motor omnibus, a taxi or a motor cycle having less than three wheels, in any parking area designated as such and marked by yellow boundary lines; or

   (c)   any heavy commercial vehicle, road tanker, explosives vehicle or similar vehicle in any area designated as a residential area, except for the purpose of loading or off-loading furniture or other material at a plot therein;

   (d)   any vehicle in a no parking area;

shall be guilty of an offence.

   (2) Any person who parks any vehicle upon a section of road which has not been designated as a parking area, except at the extreme left of such road, or, where there is a sidewalk, against the edge of the kerb of such sidewalk, and in such a position as not to obstruct other traffic, shall be guilty of an offence.

   (3) Any person who parks, or causes or permits to be parked any vehicle on a section of road in which parking areas are designated, otherwise than within such parking areas, shall be guilty of an offence.

   (4) Where forward parking areas are provided, any driver of a vehicle who-

   (a)   enters such a parking area otherwise than by driving such motor vehicle forward: or

   (b)   vacates such a parking area otherwise than by driving such motor vehicle in reverse,

shall be guilty of an offence.

   (5) Any person who stops or parks a vehicle or a trailer attached thereto in any marked parking area or parking bay in such a manner that any part of such vehicle or trailer, or any goods thereon, extends beyond the limits of such parking area or parking bay, shall be guilty of an offence.

   (6) Any person who parks a taxi, a motor omnibus, a motor cycle having less than three wheels or a cycle in a section of road other than an area which has been designated for the parking of taxis, motor omnibuses, motor cycles, as the case may be, shall be guilty of an offence.

8.   Time limit parking

   (1) Any person having control or charge of a vehicle who, between the hours of 8 a.m. and 5 p.m., parks such vehicle in a parking area for longer than the period permitted in accordance with any sign erected by the Council in such parking area, shall be guilty of an offence.

   (2) Any person having control or charge of a vehicle which has been parked in a parking bay, other than a metered parking bay, for the maximum period for which such a vehicle may be so parked and having removed or caused to be removed such vehicle therefrom, and who, within 15 minutes after such removal, causes or allows it to be parked again in the same parking bay, shall be guilty of an offence.

   (3) The provisions of sub-laws (1) and (2) shall not apply on Sundays or public holidays, or after 1 p.m. on Saturdays.

9.   Metered parking bays

   (1) Motor vehicles shall not be parked in a metered parking bay where the meter relating to such bay bears the word 'Expired', unless there is forthwith deposited in the parking meter relating to such parking bay the required coin or coins according to the tariff therefor fixed by the Council and displayed on the meter as payment for the use of the parking bay for the period specified.

   (2) Upon the deposit of the required coin or coins referred to in sub-bye-law (1), the metered parking bay may be lawfully occupied by the motor vehicle concerned, but only for the period indicated on the parking meter.

   (3) When the meter relating to any such parking once again bears the word 'Expired' the motor vehicle shall be removed from the parking bay unless there is again forthwith deposited in the parking meter the required coin or coins according to the prescribed tariff, when the said motor vehicle may lawfully occupy the metered bay for the period thereafter indicated on the parking meter.

   (4) Any person who, having control or charge of a vehicle other than a motor vehicle, parks it or causes it to be parked in a metered parking bay shall be guilty of an offence.

   (5) Any person having control or charge of a motor vehicle who parks it in a metered parking bay otherwise than in accordance with the provisions of sub-bye-law (1), (2) and (3) shall be guilty of an offence:

   Provided that the provisions of this sub-bye-law shall not apply to the holder of an invalid carriage certificate issued by the Council where such certificate is displayed on the motor vehicle to which it applies, and such motor vehicle is at the time in use personally by the incapacitated person to whom the certificate has been issued.

   (6) Any vehicle which is parked in contravention of the provisions of this bye-law may by fitted with a wheel clamp, or may be towed away to a Council holding pound to be detained until the required fee or fine determined by the Council has been paid for its release.

   (7) Notwithstanding the previous provisions of this bye-law, a motor vehicle may, without payment or further payment be parked in a metered parking bay-

   (a)   for such time as may be indicated on the parking meter for that parking bay, being unexpired time from its previous use; and

   (b)   on Sunday and public holidays and on weekdays between the hours of 5 p.m. and 8 a.m., and after 1 p.m. on Saturday.

   (8) It shall be sufficient defence for any person charged with contravening any provision of this bye-law to prove that the recording of time by the parking meter was so inaccurate that for every five minutes of actual time it recorded not less than six minutes on the meter.

   (9) Any person who operates, or attempts to operate, any parking meter by any means other than the means prescribed in these Bye-Laws shall be guilty of an offence.

   (10) Any person who-

   (a)   damages or misuses or tampers with any parking meter;

   (b)   interferes with or tampers with the working or operation of any parking meter; or

   (c)   deposits or causes or permits to be deposited in any parking meter anything other than a coin or coins of the required denomination;

   (d)   without the prior authority of the Council affixes any placard, advertisement, notice, document or any other thing to a parking meter; or

   (e)   paints upon, writes upon or otherwise disfigures a parking meter,

shall be guilty of an offence.

10.   Motor omnibus stopping places

   (1) Any person who-

   (a)   causes or permits an unattended vehicle other than a motor omnibus to remain stationery at or in any bus stop or lay-by; or

   (b)   obstructs any bus stop or bus lay-by during any period in which it is or is likely to be, in use by a motor omnibus or by the passengers therefrom,

shall be guilty of an offence.

PART III
Municipal Car Parks (bye-laws 11-15)

11.   Presumption

   For the purposes of this Part, a vehicle to which a trailer is attached shall be deemed to be two vehicles.

12.   Entry to municipal car parks

   (1) Any person who causes or permits any vehicle, other than a motor vehicle, to enter or be parked in a municipal car park shall be guilty of an offence.

   (2) Any person who causes or permits a motor vehicle to enter a municipal car park, if there is displayed at or near the entrance to such car a sign which indicates that the car park is full, shall be guilty of an offence.

13.   Manner of parking

   (1) Any person who parks a motor vehicle in a municipal car park-

   (a)   otherwise than in a parking bay; or

   (b)   in such manner that the motor vehicle, or anything projecting from it, extends beyond the boundary line of the parking bay in which it is parked, shall be guilty of an offence.

   (2) Any person who parks a motor vehicle in a parking bay in any municipal car park in which another motor vehicle is already parked, shall be guilty of an offence.

14.   Charges for parking

   (1) Where a parking charge is prescribed for a municipal car park, any person who, during a period when such charge is payable, parks a motor vehicle in such park without paying the charge prescribed for the period during which such motor vehicle is so parked shall be guilty of an offence.

   (2) If a motor vehicle is, or has been, or remains parked in a municipal car park for which charges are prescribed, at a time when such charges are not payable-

   (a)   the motor vehicle shall be removed from the car park by the owner or person in charge thereof before the start of the next period when charges are payable; or

   (b)   the owner or person in charge of the motor vehicle shall pay the prescribed charge for such time as the motor vehicle remains in the car park during the period when such charges are payable.

   (3) In the event of failure to comply with the provisions of sub-bye-law (2) the owner or person in charge of the vehicle shall be guilty of an offence, and in addition the vehicle may be fitted with a wheel clamp, or towed away to a pound until the resulting fee or fine has been paid for its release.

15.   Parking tickets

   (1) Where a prescribed charge is made for the use of a municipal car park, any person causing or permitting any motor vehicle to park in the car park during the hours during which such charge is payable, shall, before entering the car park, pay the required charge and obtain a parking ticket indicating that the charge has been paid.

   (2) A parking ticket which has been issued or obtained on entry to a municipal car park shall be displayed in a prominent position within the motor vehicle, on the windscreen or above the dashboard, so as to be clearly visible from the outside of the vehicle and any owner or person in charge of such a vehicle who fails to comply with the provisions of this bye-law shall be guilty of an offence.

PART IV
Private Car Parks (bye-laws 16-19)

16.   Establishment of private car parks

   (1) Any person wishing to establish a private car park for use by the general public shall-

   (a)   make written application therefor to the Council, stating in such application;

      (i)   the stand number of the plot, its location and extent of the area to be utilised for the car park;

      (ii)   the number of parking bays to be provided; and

      (iii)   evidence to support the need for the establishment of a car park on the site proposed;

   (b)   submit with the application two copies of a site plan showing-

      (i)   the location of the site and abutting roads and sidewalks;

      (ii)   the proposed layout of parking bays to be provided on the site or in the building;

      (iii)   measures to be taken for the drainage of storm water from the site; and

      (iv)   measures to be taken for the protection of pedestrians in the event of vehicles crossing the sidewalk; and

   (c)   supply such further plans, drawings, details, particulars, specifications or other information as the Council may reasonably require.

   (2) The Council may reject any application if it considers that sufficient need for such a private car park has not been established, or it may issue a permit granting such application, subject to such conditions as it may reasonably impose.

   (3) When issuing a permit for the establishment of a private car park, the Council may attach thereto such conditions as it considers fit, and such conditions may include, but not be limited to the following-

   (a)   the positioning and size of exits and entrance ways;

   (b)   the means to be taken for the safety of the public and pedestrians;

   (c)   the means to be taken for the protection of any drive-way across the sidewalk;

   (d)   the disposal of storm water;

   (e)   the nature of any structure proposed to be erected;

   (f)   the precautions to be taken against fire;

   (g)   the provisions to be made for the control of noise or any other nuisance likely to affect the public; and

   (h)   any other matters which it considers will ensure the safety or welfare of members of the public either when in or using the car park, or in or using the surrounding areas.

   (4) The Council may require that any of the conditions it may seek to impose shall be complied with prior to the establishment of a private car park.

17.   Control and maintenance of private car parks

   The owner of any private car park established in terms of these Bye-laws shall-

   (a)   provide means, to the satisfaction of the Council for the supervision and control of parking in the car park;

   (b)   assume full responsibility for the safety and proper maintenance of the area and all facilities provided in connection therewith, to the satisfaction of the Council;

   (c)   indemnify the Council against any cost or liabilities arising from any accident, event or consequence resulting from the use of the area as a car park.

18.   Contraventions of conditions

   (1) If any person fails to comply with any of the conditions imposed in accordance with bye-law 15, or fails to control and maintain the car park in terms of bye-law 16, the Council may serve a notice in writing on the owner of the car park, requiring him, at his own cost to comply with all or any specified conditions or provisions of these Bye-Laws within a period of seven days from the date of service upon him of the said notice.

   (2) If the notice referred to in subbye-law (1) is not complied with within seven days from the date of service thereof, or within such further period as the Council may allow, the Council may by notice in writing require the car park to be closed to the public with immediate effect, and may revoke, modify or vary the permit, or any of the conditions of the permit, granted in terms of bye-law 15.

19.   Penalties

   (1) Any person who fails to comply with any of the provisions of these Bye-Laws with which it is his duty to comply, or to comply with any directions issued under or in pursuance thereof shall be guilty of an offence, and any person guilty of an offence under this bye-law, or any other provision of these Bye-laws shall be liable to a fine of P50 for a first offence, and for a second or subsequent offence to a fine of P100 and to imprisonment for three months.

   (2) An authorised official, or police officer may affix a wheel clamp on any vehicle, or tow to a Council pound any vehicle, which contravenes, or whose owner or person in charge contravenes or fails to comply with any provision of the bye-laws in Part II of these Bye-Laws, and may decline to release such vehicle until a fee of P50 has been paid for its release.

   (3) An authorised official or any police officer may affix to a vehicle contravening any provision of these Bye-Laws, or serve upon the owner or person in charge of any vehicle who is reasonably suspected of having committed an offence under these Bye-Laws, a notification of the offence or offences concerned, in the prescribed form and requesting the owner or person in charge of the vehicle to attend the court specified therein, at such time, being not later than 20 days after service of such notification, to answer such alleged offence or offences:

   Provided that the owner or person in charge of the vehicle concerned shall be excused attendance at the specified court if, before the date specified in the notification, he pays an admission of guilty fine of P50 at the revenue office of such court.

PART V
Defences (bye-law 20)

20.   Defences

   (1) It shall be a sufficient defence to any charge of contravening a provision of these Bye-Laws relating to parking that there were no legible signs or markings displayed in the relative section of the road to indicate that parking was prohibited or that it was restricted to a particular period, purpose or type of vehicle.

   (2) It shall be a sufficient defence to any charge of contravening any provision of these Bye-Laws relating to parking in a metered parking place that there was no legible sign affixed to the parking meter indicating the prescribed charges and period of time during which charges are payable.

FRANCISTOWN TOWN COUNCIL (DAY CARE CENTRE) BYE-LAWS

(regs 34 and 35*)

(11th April, 1997)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

   1.   Citation

   2.   Interpretation

   3.   Registration of centres

   4.   Operating hours

   5.   Kitchen facilities

   6.   Age of admission

   7.   Premises of centres

   8.   Employed staff

   9.   Transport

   10.   Classroom equipment

   11.   Smoking prohibited

   12.   First aid

   13.   Infectious diseases and vaccinations

   14.   Responsibility of owner

   15.   Powers of entry

   16.   Offences and penalties

S.I. 21, 1997.

1.   Citation

   These Bye-Laws may be cited as the Francistown Town Council (Day Care Centre) Bye-Laws.

2.   Interpretation

   In these Bye-Laws, unless the context otherwise requires-

   "centre" means a day care centre as defined herein;

   "day care centre" means a place for the supervision during the day of young children below school age;

   "infectious disease" includes diphtheria, cerebrospinal meningitis, whooping cough, measles, mumps, German measles (rubella), chicken pox, scabies, ringworm of scalp or body and typhoid fever.

3   Registration of centres

   (1) No person shall operate a centre without the prior approval of and registration by the Council.

   (2) Application to operate a centre shall be made to the Council on the prescribed form giving details of the premises intended to be used for the centre, the names and qualifications of all teachers and other assistants to be employed at the centre, and such other information with regard to the proposed centre as the Council may require.

   (3) If the Council is satisfied that the proposed centre meets all the requirements of these Bye-Laws it may on payment of P100 register a private centre and upon payment of P20 register a non-profit making centre and thereafter issue a registration certificate of which the renewal thereof shall be applied for annually upon payment of P100 and P20 respectively.

4.   Operating hours

   (1) A centre shall not operate outside the hours of 0700 hours and 1700 hours on weekdays, except with the written approval of the Council.

5.   Kitchen facilities

   (1) A centre which operates within the hours referred to in bye-law 4 shall have a kitchen with adequate hot and cold water, adequate hygienic storage space for food, adequate cutlery and crockery of a suitably hygienic type and a menu of food which shall be a balanced diet.

   (2) Where children bring food into the centre, that centre, shall provide suitable facilities for the storage and refrigeration of the food.

6.   Age of admission

   A child who is under the age of two and a half and above six years shall not be admitted at the centre.

7.   Premises of centres

   (1) An occupied residential house shall not be used as a centre-

   Provided that with the written approval of the Council the occupied residential house may be used adequately for the centre and satisfactorily be separable from the portion used for residential purposes.

   (2) Premises used for the centre shall be walled or fenced and constructed in accordance with and from material permitted by the appropriate building regulations, floors shall be smooth, tiled or carpeted and every classroom shall be adequately lit and ventilated.

8.   Employed staff

   (1) There shall be one teacher for every thirty children who shall possess the necessary skill and knowledge in the field of child care and an assistant who may supervise and look after the children.

   (2) All staff employed at the centre shall-

   (a)   be medically examined including being X-rayed before taking up employment and thereafter at six monthly intervals;

   (b)    at all times wear clean uniforms or clothing.

9.   Transport

   A centre that offers transport for use by the children shall transport children in closed motor vehicles only.

10.   Classroom equipment

   There shall be sufficient furniture and enough toys for use by the children enrolled in the centre.

11.   Smoking prohibited

   Smoking shall be prohibited anywhere within the area of the centre and a notice to this effect shall be displayed prominently at the entrance of the centre.

12.   First aid

   In every centre there shall be maintained and readily accessible at all times, a first aid box or cupboard containing an adequate supply of dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectant and safety pins.

13.   Infectious diseases and vaccinations

   An owner of a centre shall-

   (a)   regularly inspect the child's vaccination card;

   (b)   isolate children suffering from an infectious disease until they are well to be at the centre.

14.   Responsibility of owner

   The owner of the centre shall ensure that at all times a high standard of maintenance and cleanliness is established and maintained within the centre.

15.   Powers of entry

   An officer of the Council so authorised in writing by the Town Clerk may at any reasonable time enter a centre for the purpose of inspection and to ensure compliance with these Bye-Laws.

   (2) Any person who refuses the officer of the Council to enter the centre for the purpose of inspection shall be guilty of an offence and liable to a penalty contained in bye-law 16.

16.   Offences and penalties

   Any person who contravenes or fails to comply with any of these Bye-Laws shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding three months.

FRANCISTOWN TOWN COUNCIL (GENERAL) BYE-LAWS

(under regulations 34 and 35*)

(18th August, 1967)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

PART I
Preliminary

   1.   Citation

   2.   Interpretation

PART II
Health and Sanitation

   3.   Latrine accommodation to be provided

   4.   Mosquitoes and pests

   5.   Prevention of accumulation of refuse

   6.   Refuse receptacles and removal

   7.   Swimming pools and fish ponds

   8.   Overcrowding

PART III
Livestock and Other Animals

   9.   Keeping of livestock

   10.   Troublesome or dangerous animals

   11.   Bees, pigeons and poultry

   12.   Disposal of carcasses

   13.   Powers of council

PART IV
Streets

   14.   Naming of streets

   15.   Numbering of houses

   16.   Hoardings

   17.   Bills, posters, placards or advertisements

   18.   Trees

PART V
Fire Control Measures

   19.   Accumulation of inflammable or combustible materials

   20.   Grass fences

   21.   Storing of inflammable, combustible or explosive substances

   22.   Burning of grass, refuse or rubbish

   23.   Fire-fighting appliances in public buildings

   24.   Attendance of fire brigade at fires

PART VI
Food Premises

   25.   Construction: general

   26.   Construction: bakeries

   27.   Construction: butcheries and fishmongers' shops

   28.   Operation of bakeries

   29.   Operation of butcheries and fishmongers' shops

   30.   Personal cleanliness

   31.   Health of employees

   32.   Conveyance, handling, storage and sale of foodstuffs

   33.   Canned food

PART VII
Miscellaneous

   34.   Noise and nuisance

   35.   Collection for charity

   36.   Protection of common property

   37.   Control of air guns and catapults

   38.   Offences and penalties

S.I. 41, 1967,
S.I. 80, 1968,
S.I. 18, 1970,
S.I. 6, 1971,
S.I. 64, 1973,
S.I. 100, 1976,
S.I. 22, 1997.

PART I
Preliminary
(bye-laws 1-2)

1.   Citation

   These Bye-laws may be cited as the Francistown Town Council (General) Bye-Laws.

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "approved" means approved by the council or by any duly authorized officer of the council;

   "baker" means any person who carries on the business of selling whether by wholesale or retail bakery products baked or made by him;

   "bakery" means any premises on which is carried on any of the processes of or incidental to baking or the manufacture or storage of bakery products for use by persons other than those residing on the premises;

   "bakery products" includes, bread, biscuits, rolls, tarts, cakes, pies, confectionery or sweetmeats;

   "business premises" means any premises which are used or intended to be used as a place of trade or industry;

   "butcher" means any person who sells or exposes for sale or supplies butcher's meat for human consumption;

   "butchery" means any premises used for the purpose of carrying on the business of a butcher;

   "butchers' meat" means the flesh or offal of any animal intended for human consumption or any products manufactured therefrom, but does not include canned or potted meats, biltong, ham, sausages, bacon, salted and other prepared meats, fish, poultry or venison;

   "council" means the Francistown Town council;

   "dwelling" means any house, room, shed, hut or any other structure or plan whatsoever, any portion whereof is used by any human being for sleeping in or in which any human being dwells;

   "food" or "foodstuffs" means any thing whatsoever (other than drugs or water), in any form, state or stage of preparation, which is ordinarily used or intended to be used for human consumption;

   "food premises" means any premises which are used or intended to be used as a place for the preparation, manufacture, keeping, storing, depositing, conveying, handling and exposing for sale of food and drink;

   "habitable room" means any room used or intended to be used as a sleeping, living or work room;

   "latrine" means any building, erection or place adapted or constructed for the use of human beings for the purposes of defecation or urination;

   "livestock" means any domestic bovine animal, goat, sheep, swine, horse, donkey or mule;

   "occupier" means, in relation to any lot or premises-

   (a)   any person in actual occupation of such lot or premises and having charge or management thereof; or

   (b)   in the event of the lot or premises being occupied by anybody other than an employee of the person having charge or management thereof, any person having such charge or management;

   "official" means any duly appointed official of the council;

   "owner" means, in relation to-

   (a)   any animal, in addition to its ordinary meaning, any person having the charge, custody or control of any animal and the occupier of any premises where any animal is kept or permitted to remain;

   (b)   any lot or premises, the person in whose name the title to such lot or premises is registered and includes an agent of the owner or any person receiving or entitled to receive rent in respect of such lot or premises;

   "poultry" means any fowl, turkey, goose or duck;

   "premises" means any building or part thereof, store, shop, tenement or other erection above or below the ground and the land used or occupied in connection therewith;

   "slaughter house" includes any abattoir, slaughter pole or place set apart for slaughtering livestock, the meat of which is intended for sale;

   "stable" includes a cowshed, stall, pen or sty;

   "street" means any street, square, road, lane, footpath, pavement, thoroughfare or public place extending in width from the boundary of any lot or area of land and includes any work or thing forming part of or connected with such street;

   "waste-water" means any discharge of a non-excremental nature from any waste-water fitment, gully trap, grease trap or laundry.

PART II
Health and Sanitation
(bye-laws 3-8)

3.   Latrine accommodation to be provided

   (1) The owner of any premises within the council area shall-

   (a)   provide proper and sufficient latrine accommodation for all persons residing or employed thereon;

   (b)   provide a minimum of one latrine for every 15 persons.

   (2) No person shall urinate or defecate in the council area elsewhere than in a latrine.

   (3) The council may, by notice in writing to the owner or occupier of any premises within the council area, prohibit the use of any latrine which by reason of faulty construction or neglect or from any other cause has, in the opinion of the council, become or is likely to become a nuisance or a danger to public health until such nuisance or danger has been abated to the satisfaction of the council.

4.   Mosquitoes and pests

   Every owner and occupier of any lot or premises within the council area shall, in respect of such lot or premises-

   (a)   maintain all water receptacles, such as tanks, cisterns, casks, pails and other contrivances for the storage or retention of water for any period in excess of 24 hours covered so as to prevent the ingress of mosquitoes;

   (b)   keep guttering and drainpipes in good repair and condition and shall not allow such guttering and drainpipe to be in such condition as to collect water and prevent it from readily flowing away;

   (c)   ensure that no tin, bottle or other refuse, or article capable of holding water is thrown out or allowed to remain on any such lot or premises;

   (d)   ensure that every receptable for the collection of slop water or household refuse is kept adequately covered;

   (e)   generally take adequate steps to prevent the breeding of mosquitoes or other pests.

5.   Prevention of accumulation of refuse

   (1) No person shall place, pour, throw or leave on any lot, premises, street or other public place, and no person shall permit to remain on any lot or premises under his control, or on any street or public place adjacent to such lot or premises within 10 metres of the boundary thereof, any refuse in such a place or in such a manner or for such a time as to endanger health, or to favour the breeding or harbouring of flies, mosquitoes or other insect pests, or to encourage rats or other vermin to frequent such lot, premises, street or other public place, or to become unsightly or a nuisance, or to be likely to interfere with the comfort of the inhabitants of the council area.

   (2) The council may order any person who contravenes the provisions of sub-bye-law (1) to remove or dispose of any refuse which is the subject of the contravention in such a manner as it may specify and, should that person refuse, the council may remove or dispose of that refuse at that person's expense and that expense shall be a debt recoverable in a court of law.

6.   Refuse receptacles and removal

   (1) Every occupier shall, within 21 days of the service upon him of a notice requiring him to do so, provide the required number of refuse receptacles of a nature approved by the council.

   (2) Every occupier shall keep his refuse receptacles covered at all times except when refuse is being deposited therein or discharged therefrom.

   (3) Every occupier shall keep his refuse receptacles and covers thereof reasonably clean and in good order and condition.

   (4) The council shall perform refuse removal services throughout the council area as often as circumstances warrant and the fee charged will be as determined from time to time.

7.   Swimming pools and fish ponds

   Every person occupying premises on which is situated a swimming pool or fish pond shall take such precautions as may be required by the council to reduce the danger of death by drowning and to prevent the breeding of mosquitoes in such swimming pool or fish pond and shall ensure that the water contained therein is always fresh and free from unpleasant or insanitary matter.

8.   Overcrowding

   No room in any dwelling shall be used for human habitation unless there is provided for every person over the age of 14 years 11,33 cubic metres of air space and 3,72 square metres of floor space, and for every person below the age of 14 years 8,50 cubic metres of air space and 2,79 square metres of floor space.

PART III
Livestock and Other Animals
(bye-laws 9-13)

9.   Keeping of livestock

   (1) No person shall keep or graze any livestock within the council area without the written consent of the council.

   (2) The council may prohibit the use of any stable, cowshed, pen or site which in the opinion of the council is unfit, undesirable or objectionable by reason of its locality, construction, condition or manner of use.

10.   Troublesome or dangerous animals

   No person shall allow any wild, troublesome, ferocious or dangerous monkey, carnivorous wild animal or reptile to be at large off the premises on which such animal is normally kept.

11.   Bees, pigeons, and poultry

   No person shall keep any bees, pigeons or poultry so as to disturb the comfort of the inhabitants of the council area.

12.   Disposal of carcasses

   (1) Subject to the provisions of sub-bye-law (2), no person shall dispose of a carcass within the council area except in a place approved by the council.

   (2) A person may bury within a lot under his control the carcass of any dog, cat or other small pet, provided that-

   (a)   the carcass shall be buried deep enough to prevent the escape of any offensive odour or the digging up of any carcass by scavengers, and prevent any hazard to health;

   (b)   if death was caused by an infectious disease, the advice of a medical practitioner or veterinary surgeon shall be obtained as to whether or not burial may take place;

   (c)   if the place where the carcass is buried is marked as a grave, such mark must be shielded from view so as not to offend such other persons' religious or other susceptibilities.

   (3) The council may give such directions as may be necessary to secure compliance with the provisions of sub-bye-law (2).

13.   Powers of council

   The council may order the seizure and detention of any livestock, poultry, monkey, carnivorous wild animal or reptile found at large within the council area, and if such animal is not claimed within seven days the council may order its sale or destruction.

PART IV
Streets
(bye-laws 14-18)

14.   Naming of streets

   (1) The council may name or alter the name of any street.

   (2) The council may from time to time, at its own expense, paint upon or affix to any building or erect in any street, the name of such street.

15.   Numbering of houses

   (1) The council may from time to time allot numbers to each house or building in any street for the purpose of distinguishing such house or building and may alter such numbers from time to time as it may deem necessary.

   (2) The owner of any house or building to which a number has been allotted by the council shall affix or paint the number so allotted in a conspicuous place facing on to the street in which such number has been allotted and shall maintain such number in good order and condition so as to be clearly legible from the other side of the street on to which it faces.

16.   Hoardings

   (1) Subject to the provisions of sub-bye-law (3), this bye-law shall not apply to hoardings which form a temporary part of any building operation or which may be put up as a temporary measure to shield any works in progress or to protect the public from any hazard arising or which may arise from work in progress, or to any hoarding erected on privately-owned premises for the purpose of advertising the said premises for sale.

   (2) No hoarding shall be erected within the council area without the written consent of the council.

   (3) The council may direct any person erecting or who has erected a hoarding to remove or reposition such hoarding and may withhold its consent to the erection of a hoarding if it considers that the proposed hoarding-

   (a)   will obstruct the view of road users in a manner inconsistent with the smooth flow of traffic, vehicular or otherwise;

   (b)   is objectionable in substance, presentation or scale;

   (c)   will spoil the appearance of any improved or developed area set aside for industrial development, or any beauty-spot, park or recreational area; or

   (d)   will be offensive to any occupier of residential premises adjacent to or looking upon the site of the proposed hoarding.

   (4) The council may charge fees for permission to erect and maintain hoardings on any street or other public place within the council area.

   (5) The council may erect hoardings and permit the use thereof and of any walls or other suitable fixtures being the property of the council by any person to display any bill, poster, placard or advertisement and may charge fees for such use.

   (6) The fees mentioned in sub-bye-laws (4) and (5) shall be determined from time to time by resolution of the council and a separate rate may be specified in respect of illuminated hoardings or signs.

   (7) The council may remove a hoarding, at the expense of the person who erected the hoarding, such expense being recoverable as a civil debt in a court of law, if that person-

   (a)   erects a hoarding in contravention of this bye-law;

   (b)   refuses to remove a hoarding within a reasonable time when required to do so by the council; or

   (c)   fails to pay a fee charged in terms of this bye-law.

17.   Bills, posters, placards or advertisements

   (1) No bill, poster, placard or advertisement shall be displayed within the council area without the written consent of the council.

   (2) The council shall withhold its consent only if it considers the display of the bill, poster, placard or advertisement to be a distraction to motorists or objectionable in substance, presentation or scale.

   (3) The council may stipulate the time within which bills, posters, placards or advertisements shall be removed.

   (4) Nothing contained in sub-bye-law (1) shall prevent any person holding a licence to trade in the council area from erecting any bills, posters, placards or advertisements on or within the building to which his licence applies, provided that the council does not object to the nature and substance of such bills, posters, placards or advertisement.

   (5) Any bill, poster, placard or advertisement which has been erected in the council area without the council's consent or to which the council objects may be removed by the council.

18.   Trees

   No person shall fell or damage any tree or shrub in any street or public place except with the written consent of the council.

PART V
Fire Control Measures
(bye-laws 19-24)

19.   Accumulation of inflammable or combustible materials

   (1) The owner and occupier of any property shall take all reasonable precautions to prevent the accumulation or deposit of straw, wood, paper or other inflammable or combustible material on the property which could cause damage or danger from fire to any person, animal or building or to any adjacent property.

   (2) Where, in the opinion of the council, an owner or occupier has allowed the accumulation or deposit of straw, wood, paper or other inflammable or combustible material on his property, the council may, by notice in writing to such owner or occupier, order him to remove such accumulation within a period of not less than three days, which period shall be stipulated in such notice, and it shall thereupon be the duty of the owner or occupier to do so.

20.   Grass fences

   If, in the opinion of the council, any fence of grass, rushes or reeds is erected in such a position or is allowed to fall into such a state of disrepair that it gives rise to a danger of fire spreading therefrom to any buildings, the council may, by notice in writing, order the fence to be removed and the owner, or in his absence, the occupier of the premises upon which the fence is situated, shall remove the fence.

21.   Storing of inflammable, combustible or explosive substances

   (1) Except with the written permission of the council, no person shall store any inflammable, combustible or explosive substance on any property:

   Provided that-

   (i)   it shall be permissible for any person to store, in a closed-top container or other approved receptacle at his place of residence or at his place of business, not more than a total of 22,73 litres of petrol, paraffin, methylated spirits or other such inflammable substance which is used for household purposes, in addition to the fuel contained in the fuel tank of any motor vehicle;

   (ii)   the provisions of this bye-law shall not apply to-

      (a)   liquor which a person may store at his place of residence or at his place of business;

      (b)   petrol, paraffin, methylated spirits, oil or other such inflammable substance which is stored at a garage, service station or petrol filling station.

   (2) In granting permission in terms of sub-bye-law (1) the council may impose such conditions as it deems necessary.

22.   Burning of grass, refuse or rubbish

   (1) No person shall burn or set fire to any grass, refuse, rubbish or other material on any private property unless-

   (a)   he is the owner or occupier of the property or has the permission of the owner or occupier thereof;

   (b)   he takes all reasonable precautions to avoid any annoyance to owners or occupiers of adjoining properties and to prevent the fire spreading to such adjoining properties; and

   (c)   he ensures that no buildings are endangered by the burning of such grass, refuse, rubbish or other material.

   (2) No person, other than an employee of the council, shall burn or set fire to any grass, refuse, rubbish or other material on any street, or public open space.

23.   Fire-fighting appliances in public buildings

   (1) The owner of any hall, shop, offices or other building to which the public has access shall, if required by the council, provide such building with portable fire extinguishers at the rate of one extinguisher for every 232,25 square metres or part thereof.

   (2) The owner of any such building shall fix any extinguisher which he is required to provide in a conspicuous and easily accessible position and shall maintain the extinguisher in good working order.

24.   Attendance of fire brigade at fires

   (1) In the event of a fire brigade attending upon any fire the officer in charge of the fire brigade party shall have full control over the property on fire and over such other property as he may consider to be in danger for the purposes of taking such reasonable measures as he may deem necessary to prevent the spread of and to extinguish the fire.

   (2) In exercising his powers in terms of sub-bye-law (1), the officer in charge of the fire brigade party-

   (a)   shall have the right of entry to any property and may by himself or through any person under his control break into, through, take possession of, or pull down buildings, but shall take all reasonable care to do as little damage as possible;

   (b)   shall have the right of access to any hydrant, pipe, cistern, borehole or other water supply and shall be entitled to draw water from such points of supply;

   (c)   may himself, or through any person under his control, divert, stop or regulate traffic in the vicinity of the fire; and

   (d)   may temporarily close any street, passage, thoroughfare or greenway in the vicinity of the fire.

PART VI
Food Premises
(bye-laws 25-33)

25.   Construction: general

   (1) No person shall erect or occupy any food premises within the council area unless the following provisions have been complied with-

   (a)   the premises shall be constructed of brick, concrete or other approved material;

   (b)   the internal faces of the walls shall be tiled, or plastered with a cement plaster and the surface brought to a smooth face and painted with three coats of oil paint, washable distemper or other approved decoration to a height of not less than 1,83 metres;

   (c)   the floor shall, unless otherwise provided in these Bye-laws, be-

      (i)   of concrete; or

      (ii)   of wood ventilated to prevent dryrot and rendered impervious to rodents;

   (d)   the height of the walls from floor to ceiling shall be not less than 3,05 metres;

   (e)   the premises shall be provided with a dustproof ceiling;

   (f)   every room shall be lighted and ventilated by a window or windows of an area not less than one-tenth of the floor area and capable of being opened to at least one-twentieth of the floor area of such room, alternatively an approved system of forced ventilation or air conditioning shall be provided;

   (g)   the premises shall be provided with a supply of clear hot and cold water and washing facilities to enable employees to keep clean and washing-up facilities to enable all utensils, storage facilities, linen and protective clothing to be kept clean.

   (2) No food premises shall be used for sleeping accommodation and no portion of such premises shall communicate by door, window or otherwise with any sleeping or living room.

26.   Construction: bakeries

   No person shall erect or occupy any bakery within the council area unless the following provisions have been complied with in addition to the provisions of bye-law 25-

   (a)   no portion of any bakery shall be underground, except that with the written consent of the council an underground room may be used as a store provided that no articles other than those specified in such written consent shall be stored therein;

   (b)   the floors shall be of smooth, impervious material;

   (c)   no door or window opening which communicates with a bakery shall be less than 3,05 metres from any latrine;

   (d)   the doors of the bakehouse shall be self-closing and all doors and windows shall be provided with effective fly-screens;

   (e)   the opening of the oven furnace shall not be situated in any room or at any place where any foodstuffs are handled and shall be situated at least 1,83 metres from the nearest part of any door or window of the bakery;

   (f)   a dressing room shall be provided in which the overalls of the employees can be kept in a clean and sanitary condition and such room shall be separate from any place where utensils or foodstuffs are handled or stored.

27.   Construction: butcheries and fishmongers' shops

   No person shall erect or occupy any butchery or fishmonger's shop within the council area unless the following provisions have been complied with, in addition to the provisions of bye-law 25-

   (a)   no door or window opening in any room wherein butcher's meat or fish is stored, handled or placed for sale shall be so placed as to be less than 3,05 metres from any latrine;

   (b)   the floors shall be of cement or concrete at least 7,62 centimetres in thickness and topped with granolithic or other impervious material at least 1,90 centimetres in thickness;

   (c)   the doors shall be self-closing and all doors and windows shall be provided with effective fly-screens;

   (d)   cold rooms, compartments or cupboards shall be provided for the storage of meat or fish and such cold rooms, compartments or cupboards shall be operated constantly at a temperature of not more than 7,2 degrees centigrade.

28.   Operation of bakeries

   (1) Every person carrying on the trade of a baker in the council area shall-

   (a)   cause all inside walls and ceilings of his bakery to be kept in a clean and sanitary condition with three coats of either oil paint, washable distemper or an approved equivalent:

         Provided that-

      (i)   where oil paint is used it shall be renewed at least once in every five years or as often as required by the council;

      (ii)   where washable distemper is used it shall be renewed at least once in every 12 months;

      (iii)   if any portion of the walls is tiled it shall be sufficient to wash such portion with hot water and soap to ensure adequate cleanliness;

   (b)   keep every part of his bakery and all vessels and utensils, carts and other vehicles, sacks, baskets and other receptacles used in connection with the preparation, conveyance and storage of bakery products in a clean and wholesome state;

   (c)   ensure that all persons employed in the bakery are clean and dressed in clean overalls while so employed;

   (d)   maintain a supply of soap and clean towels for the use of all persons employed in the bakery;

   (e)   take all practical measures to maintain his premises free from rodents, flies, cockroaches and other insects;

   (f)   provide means of protecting all bakery products, by glazed or fly-screened showcases or cabinets from contamination by dust, dirt or flies, while exposed for sale, or by means of closed or covered containers or vehicles when in the course of conveyance in any public thoroughfare;

   (g)   cause the floor of the bakehouse to be washed daily.

   (2) Every baker shall mix all dough, batter or paste by means of approved mixing machines and shall not himself or by his servants mix such dough, batter or paste by hand or in any other way than in and by such mixing machines:

   Provided that a baker may mix by hand any dough, batter or paste in a quantity not exceeding 4,56 kilograms in weight in a suitable mixing utensil for confectionery purposes.

   (3) No bakery shall use or permit to be used soiled paper or soiled material of any description for the purpose of covering or wrapping bakery products.

29.   Operation of butcheries and fishmongers' shops

   (1) No butcher or fishmonger shall keep or allow to be kept in, or allow to enter into his shop or any premises connected therewith, any live animal or bird:

   Provided that poultry intended for slaughter and sale may be kept in such place as may be approved in writing by the council.

   (2) Every person carrying on the trade of a butcher or fishmonger in the council area shall-

   (a)   keep every part of his shop in good order and repair and in a clean and sanitary condition;

   (b)   keep thoroughly clean all knives and other instruments and appurtenances, machinery and vehicles used in cutting or handling or moving butchers' meat or fish;

   (c)   provide receptacles of galvanized iron or other non-absorbent material with close-fitting covers for collecting and conveying from his shop all refuse;

   (d)   ensure that all persons employed in the shop or delivering butchers' meat or fish are clean and dressed in clean overalls while so employed;

   (e)   maintain a supply of soap and clean towels for the use of all persons employed in the shop.

30.   Personal cleanliness

   (1) Every person employed in any premises where food is handled or offered for sale shall wash his hands with soap and water before commencing work.

   (2) No person in any food premises shall expectorate or blow his nose except into a handkerchief or a tissue which he uses as a handkerchief and disposes of in a sanitary fashion.

   (3) No person shall smoke in the mixing room, kneading room or baking room of any bakery, or in any place where such smoking is likely to defile foodstuffs deposited or exposed for sale.

31.   Health of employees

   No employer shall permit any person suffering from any infectious or contagious disease to be employed in or about any food premises and on the occurrence of any such disease amongst any of the persons employed or residing on such premises the employer shall immediately report such occurrence to the council.

32.   Conveyance, handling, storage and sale of foodstuffs

   (1) No person shall convey or deposit or cause to be conveyed or deposited or exposed for sale any foodstuffs in an unwholesome, unclear or offensive manner or in such a way as to be unnecessarily or improperly exposed to contamination and no person shall stand, sit or recline on any foodstuff which is being conveyed or has been deposited or is exposed for sale.

   (2) No person shall load onto or transport in any vehicle any carcass if such vehicle contains blood, viscera, intestines or offal and no person shall convey any carcass unless it is completely covered with a clean covering.

   (3) No person shall sell, expose for sale or deliver any butcher's meat in the council area unless such meat has been obtained from a slaughter-house or place approved in writing by the council.

   (4) No person shall slaughter any animal for human consumption in the council area except at such slaughter-house or approved place.

   (5) All vehicles used for the conveyance of meat shall be constructed of or lined with an impervious substance and shall be maintained in good repair and provided with covering to protect the meat therein from contamination by dust or flies, and no person shall convey meat in a vehicle which does not comply with this sub-bye-law.

   (6) All utensils, including trays, bins and other containers, and all knives, forks and other tools used for handling or storing foodstuffs shall be constructed of stainless steel, galvanized sheet iron, plastic or other non-corrosive and non-staining material and no person shall handle or store any foodstuffs with tools or in containers which do not comply with this sub-bye-law.

   (7) Any person who sells, exposes for sale or delivers fruit, vegetables, bakery products or other foodstuffs shall protect such foodstuffs from dust and flies.

   (8) Any person loading or unloading meat shall wear clean protective clothing including overalls and headgear.

   (9) No person shall sell, expose for sale or deliver any bakery products in the council area unless such bakery products have been obtained from a bakery approved in writing by the council.

   (10) All bakery products shall be covered in plastic or waxed paper before leaving the bakery premises for the purpose of human consumption.

   (11) All foodstuffs shall be completely wrapped and no person who sells any foodstuffs shall deliver the same wrapped in a newspaper or in any soiled or previously used wrapping paper.

33.   Canned food

   No person shall sell, prepare, keep, transmit or expose for sale any meat, fish, fruit, vegetable, jam, condensed milk or any other article of food which is packed in a hermetically sealed tin or other airtight receptacle if such tin or receptable is-

   (a)   blown so that there is unnatural building of the flat or concave side or ends of the container or so that gas escapes on puncturing;

   (b)   extensively rusted;

   (c)   damaged so that it leaks or otherwise becomes unsealed or shows evidence of having been punctured and having had the puncture re-sealed.

PART VII
Miscellaneous
(bye-laws 34-38)

34.   Noise and nuisance

   No person shall-

   (a)   operate or cause or permit to be operated any wireless, loudspeaker, gramophone, amplifier or similar instrument to the annoyance of the occupants or inmates of any premises in the neighbourhood, or which any authorized council officer or police officer of or above the rank of sergeant considers to be causing annoyance or unnecessary noise in any part of the council area;

   (b)   operate any wireless, musical instrument, loudspeaker or other similar device for the purpose of advertising on or adjacent to any street without the prior consent of the council in writing and subject to such conditions as the council may impose;

   (c)   continue to make any loud or unseemly noise or disturbance either by shouting, screaming or yelling or by blowing upon any horn or other instrument or by beating upon any drum or other instrument so as to annoy, disturb or interfere with the rest, peace or tranquillity of the inhabitants, after having been requested to desist by any member of the police force or by any other person so annoyed, disturbed or inconvenienced;

   (d)   continue to ring any bell or sound any horn or blow any whistle or use any noisy instrument or shout in any market square, street, park or public place for the purpose of attracting customers, or hawk, sell or distribute any article or thing whatsoever to the annoyance, disturbance or inconvenience of any person who uses such market square, street, park or public place after having been requested to desist by any member of the police force or the person so annoyed, disturbed or inconvenienced;

   (e)   between the hours of 5 p.m. and 7.30 a.m. carry on any business, trade or industry involving the use of machinery which by reason of the noise created by it is offensive or constitutes a nuisance or which disturbs the comfort or peace of the inhabitants of the council area nor shall any person use any such machinery on Sundays or such public holidays as are recognized in the relevant business, trade or industry.

35.   Collection for charity

   (1) No collection of moneys or attempt to collect money shall take place within the council area without the prior written consent of the council.

   (2) The council may in granting its consent to the collection of money impose such conditions as it deems fit.

36.   Protection of common property

   (1) No person shall cause any damage to any property to which the inhabitants of the council area have a common right.

   (2) Anyone convicted of such an offence may, in addition to any penalty imposed under bye-law 38, be ordered to pay compensation for such damage.

37.   Control of air guns and catapults

   (1) No person shall carry or discharge any air rifle, or pistol or catapult in any street or public place.

   (2) No person shall discharge any air rifle, or pistol or catapult otherwise than in a street or public place in a manner whereby the projectile so discharged travels into or across, or would be likely to travel into or across, any street or public place.

38.   Offences and penalties

   (1) Any person who obstructs or hinders the Council in the exercise of its duties under the provisions of these Bye-Laws or who fails to comply with any of the provisions of bye-law 3(2), 9(1), 11, 16, 17, 19, 20, 22, 34 or 36 shall be guilty of an offence and shall be liable-

   (a)   on first conviction to a fine not exceeding P150 or, in default of payment thereof, to imprisonment for a term not exceeding three months; and

   (b)    on a second or subsequent conviction to a fine not exceeding P200 or in default of payment thereof for a term not exceeding six months.

   (2) Any person who fails to comply with any of the provisions of bye-law 4, 5, 7, 10, 18, 21, 23, 28, 29, 30, 31, 32 or 33 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding P100, or, in default of payment thereof, to imprisonment for a term not exceeding three months.

   (3) Any person who fails to comply with any of the provisions of bye-law 3(1), 8, 25, 26 or 27 shall be guilty of an offence and shall be liable on conviction to a fine not exceeding P200, or, in default of payment thereof, to imprisonment for a term not exceeding six months.

FRANCISTOWN TOWN COUNCIL (RETAIL SALES OF TRADITIONAL BEER) BYE-LAWS

(under regulations 34 and 35*)

(12th March, 1971)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Traditional beer to be sold or bought only on licensed premises

   4.   Consumption on licensed premises

   5.   Applications for licences and renewals

   6.   Grant and renewal of licences

   7.   Period and renewal of licences

   8.   Lapse on change of occupier

   9.   Duplicate licences

   10.   Breach of conditions

   11.   Revocation of licence

   12.   Fees

   13.   Appeal and review

   14.   Permitted hours

   15.   Sanitary conditions to be maintained

   16.   Restrictions on sale of traditional beer to young persons, etc.

   17.   Persons to sell on licensed premises

   18.   Drunkenness, etc. not to be permitted on licensed premises

   19.   Rights of licensee to refuse admission, etc.

   20.   Premises not to be a brothel, etc.

   21.   Structural alterations to premises

   22.   Inspection of premises by police, etc.

   23.   Closing of licensed premises

   24.   Criminal responsibility of employer and employee

   25.   Display of licence and bye-laws

   26.   Penalties

 

      Schedule - Licence to Use Premises for the Retail Sale of Traditional Beer

 

S.I. 24, 1971,
S.I. 36, 1973

 

1.   Citation

   These Bye-laws may be cited as the Francistown Town Council (Retail Sales of Traditional Beer) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "council" means the Francistown Town Council;

   "licensed" means licensed in terms of these Bye-laws;

   "licensee" means the occupier of licensed premises;

   "lolwapa" means a customary residential precinct;

   "township" means the area of jurisdiction of Francistown Town Council;

   "traditional beer" means-

   (a)   beer brewed from sorghum-meal or a mixture of sorghum-meal and mealie-meal by the fermentation of malted sorghum, but excluding the liquors commonly known as "ila", "kabidikama" or "banyana", or any beer brewed as described to which sugar, honey or syrup has been added or which is mixed with or fortified or adulterated by any other liquor or substance, or any other of the liquors commonly known as "khadi"; or

   (b)   any other liquor which the Minister has, by order published in the Gazette, declared to be traditional beer for the purposes of the Liquor Act.

 

3.   Traditional beer to be sold or bought only on licensed premises

   (1) No person shall sell or buy any traditional beer by retail within the township except in a beerhall conducted by the council or on premises licensed in terms of these Bye-laws:

   Provided that within the boundaries of a lolwapa, traditional beer may be sold by and bought from any person engaging, for the purpose of subsistence or the maintenance and education of children, in the sale of traditional beer.

   (2) A licence shall be in the form set out in the Schedule hereto.

 

4.   Consumption on licensed premises

   No person shall consume traditional beer, or permit traditional beer to be consumed, on licensed premises unless such premises are licensed for the sale of traditional beer for consumption on the premises.

 

5.   Applications for licences and renewals

   (1) An application for the licensing of premises for the sale of traditional beer by retail shall be made by the occupier of such premises to the council and shall specify whether the applicant seeks a licence for-

   (a)   sale for consumption on the licensed premises;

   (b)   sale for consumption off the licensed premises; or

   (c)   sale for consumption both on and off the licensed premises.

   (2) An application for the renewal of a licence of premises for the sale of traditional beer by retail shall be made to the council by the occupier of such premises.

   (3) No application shall be made unless the applicant has given not less than 21 days' notice of his intention to apply in a newspaper circulating in the township and in writing to the principal police officer of the township and the Medical Officer of Health.

 

6.   Grant and renewal of licences

   (1) Subject as herein, the council on consideration of an application made in terms of the last preceding bye-law shall grant such application in respect of a type of sale covered thereby, and may attach such conditions to the issue or renewal of a licence as it may determine, which shall be endorsed on the licence at the time of its issue or renewal.

   (2) Subject as herein, an application for the grant or renewal of a licence in respect of sale both for consumption on the premises and for consumption off the premises may be granted in respect of either or both.

   (3) The council shall refuse to grant or renew a licence unless, after giving the applicant an opportunity of being heard, it is satisfied-

   (a)   that the applicant (or in the case of an applicant company the person responsible for its management and the management of the premises) is of good character and repute and otherwise fit and proper to carry on the sale of traditional beer by retail;

   (b)   that having regard to their situation, construction, state of repair, accommodation and equipment, the premises are suitable for the type of sale for which the licence is sought;

   (c)   that the premises are not used or proposed to be used for purposes which are in any way improper or undesirable in relation to their use for the sale of traditional beer; and

   (d)   that the applicant has complied with these Bye-laws with respect to applications or licences.

   (4) The council may refuse to grant a licence if it is of the opinion that sufficient licences under these Bye-laws have been issued in respect of the year the application is made.

   (5) Premises may be licensed for the sale of traditional beer for consumption on the premises only if they are used exclusively for the sale of such traditional beer, non-alcoholic liquids and tobacco and of foodstuffs served for consumption on the premises.

   (6) No person shall sell goods other than those provided for in sub-bye-law (5) on premises licensed for the sale of traditional beer for consumption on the premises.

   (7) The council may approve an application in principle but withhold the granting of a licence or renewal until it is satisfied from an inspection of the premises or otherwise that any condition affecting the structure or equipment of the premises which it is proposed to attach, or which has been attached, to the licence has been fulfilled.

   (8) There shall be charged on every licence granted under these Bye-laws and on the renewal of every such licence-

   (a)   in the case of a licence for sale for consumption on the premises, a fee of P50, or, if the licence is granted after 30th June in any year, a fee of P25 for such grant;

   (b)   in the case of a licence for sale for consumption off the premises, a fee of P20, or, if the licence is granted after 30th June in any year, a fee of P10 for such grant;

   (c)   in the case of a licence for both the said purposes, a fee of P70, or, if the licence is granted after 30th June in any year, a fee of P35 for such grant.

 

7.   Period and renewal of licences

   Subject to bye-laws 8 and 11, a licence shall remain in force until 31st December following the date upon which it takes effect and shall be capable of being renewed on application made before its expiration.

 

8.   Lapse on change of occupier

   (1) If any change of occupier of any licensed premises occurs, the licence shall thereupon lapse:

   Provided that in the event of the death of a licensee the council shall, if the right to occupy the premises vests in the estate of the deceased, endorse the licence, on application by the representative of the estate, with his name, but unless so endorsed a licence shall lapse at the expiration of one month after the death of a licensee.

   (2) There shall be charged on every such endorsement a fee of P5.

 

9.   Duplicate licences

   The council, if satisfied that a licence has been lost or destroyed, shall on payment of a fee of 50 thebe authorize the issue of a duplicate to the licensee.

 

10.   Breach of conditions

   No licensee shall contravene any condition attached to the licence granted in respect of the premises occupied by him.

 

11.   Revocation of licence

   Upon the conviction of any licensee of any offence under these Bye-laws the council may revoke his licence.

 

12.   Fees

   All fees collected in terms of these Bye-laws shall be paid into the General Fund of the council.

 

13.   Appeal and review

   (1) Any person aggrieved by any decision of the council under these Bye-Laws may within 30 days thereof give notice of appeal therefrom in writing to the council, and in such notice shall set forth his grounds of appeal.

   (2) On receiving any notice of appeal under the preceding sub-bye-law the council shall refer the appeal to the Minister who shall have power to confirm or vary the decision.

 

14.   Permitted hours

   (1) Subject to sub-bye-law (4) on premises licensed for the sale of traditional beer for consumption on the premises no traditional beer shall be consumed except between 8 a.m. and 10.30 p.m.

   (2) Subject to sub-bye-law (4) no traditional beer shall be sold on licensed premises except between 8 a.m. and 10.30 p.m.:

   Provided that on licensed premises to which the Shop and Restaurants Hours Act applies and which are licensed for consumption off the premises, traditional beer may be sold for consumption off the licensed premises only during such hours as may be applicable under that Act.

   (3) No licensed premises shall be open to the public except during the hours when traditional beer may be sold thereon.

   (4) On Good Friday no licensed premises shall be open.

 

15.   Sanitary conditions to be maintained

   Every licensee shall-

   (a)   maintain the licensed premises at all times in a clean and sanitary condition and in good repair;

   (b)   keep all utensils, vessels, containers, linen, towels, cloth, furnishings and other articles used in the conduct of his business in a clean and sanitary condition and in good repair;

   (c)   sell or cause to be sold no drink which is not sound and wholesome;

   (d)   provide and maintain suitable means for protecting all foodstuffs and drinks on the premises from contamination by dust, dirt, flies and other causes of contamination; and

   (e)   provide latrines for the staff of the licensed premises and in addition, in the case of premises licensed for the sale of traditional beer for consumption on the premises, adequate separate latrines for male and female customers.

 

16.   Restrictions on sale of traditional beer to young persons, etc.

   (1) No licensee shall sell or supply traditional beer to any person whom he knows or has reason to believe is under 18 years old.

   (2) A person under 18 years old shall not consume or buy or attempt to buy traditional beer on licensed premises.

   (3) No licensee shall sell to or permit any traditional beer to be consumed on the licensed premises by a person whom he knows or has reason to believe is under 18 years old.

   (4) No person shall buy or attempt to buy traditional beer on licensed premises for consumption on those premises by a person whom he knows or has reason to believe is under 18 years old.

   (5) No licensee shall employ on licensed premises any person whom he knows or has reason to believe to be under 18 years old, nor, except in such circumstances as the council may specify in the licence, shall he allow any such person to enter the licensed premises.

 

17.   Persons to sell on licensed premises

   No person shall sell, and no licensee shall permit any person to sell traditional beer by retail on licensed premises unless such person is an employee of the licensee of those premises or is himself licensed in respect thereof.

 

18.   Drunkenness, etc. not to be permitted on licensed premises

   (1) No licensee shall permit drunkenness, violent or riotous conduct to take place on the licensed premises.

   (2) No licensee shall sell traditional beer to, or for consumption on the licensed premises by, any person who appears to be drunk or who is violent or riotous.

 

19.   Rights of licensee to refuse admission, etc.

   (1) Without prejudice to any other rights to refuse a person admission to any premises or to expel a person from premises, a licensee or his manager, agent or servant may refuse to admit to, or may expel from, the licensed premises any person who is drunk, violent or disorderly, or whose presence on his premises would subject the licensee to a penalty under these Bye-laws or any other written law.

   (2) If a person liable to be expelled from licensed premises under these Bye-laws is requested by the licensee, his manager, agent or servant, or by any member of the Botswana Police Force, to leave the premises, that person shall leave the licensed premises forthwith.

 

20.   Premises not to be a brothel, etc.

   No licensee shall permit the licensed premises to be a brothel or to be an habitual resort or place of meeting of reputed prostitutes.

 

21.   Structural alterations to premises

   No structural alteration or addition to any licensed premises and no material alteration in the internal arrangement of such premises shall be made except with the written approval of the council.

 

22.   Inspection of premises by police, etc.

   (1) Any member of the Botswana Police Force and any person duly authorized in writing for the purpose by the council or the Medical Officer of Health may at any time enter and inspect any licensed premises for the purpose of detecting an offence or of observing the state of repair and sanitary condition of such premises or of ensuring that a licensee is complying with any conditions of his licence.

   (2) No licensee shall refuse or fail to admit any person referred to in sub-bye-law (1) to such premises.

 

23.   Closing of licensed premises

   (1) If any serious breach of the peace occurs or is expected to occur, any District Officer or Senior District Officer or member of the Botswana Police Force of or above the rank of Superintendent may order any licensed premises in or near the place concerned to be closed for such period as he may think fit and any person carrying out such order may use such force as may be reasonably necessary to close such premises.

   (2) Where in the opinion of the Minister a danger to public health would be likely to be created thereon, the Minister may order any licensed premises to be closed for such period as he may think fit.

   (3) No person shall resist or obstruct an order given under this bye-law.

 

24.   Criminal responsibility of employer and employee

   (1) Whenever the manager, agent or servant of a licensee does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of these Bye-laws, then except in the circumstances set out in sub-bye-law (2) that licensee shall be deemed to have contravened these Bye-laws.

   (2) Sub-bye-law (1) shall not apply where-

   (a)   in doing or omitting to do that thing, the manager, agent or servant, was acting without the licensee's knowledge, consent or connivance; and

   (b)   all reasonable steps were taken by the licensee to prevent any act or omission of the kind in question:

         Provided that the fact that the licensee issued instructions forbidding any act or omission of the kind in question shall not, in itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.

   (3) A manager, agent or servant of a licensee who does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of these Bye-laws shall be deemed himself to have contravened these Bye-laws.

 

25.   Display of licence and bye-laws

   Every licensee shall display in a conspicuous place inside the premises a copy of his licence and of these Bye-laws.

 

26.   Penalties

   (1) Any person who contravenes bye-law 3, 6(6), 18(1) or 20 shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

   (2) Any person who contravenes bye-law 4, 14, 15, 16, 17, 18(2), 22(2) or 23(3) shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

   (3) Any licensee who contravenes bye-law 10 shall be guilty of an offence and liable to a fine not exceeding P100 and in the case of a continuing offence to an additional fine not exceeding P10 for every day during which the offence continues:

   Provided that the court, if it thinks fit, may fix a reasonable period from the date of conviction for compliance with the condition in question; and where the court has fixed such a period the daily penalty shall not be recoverable in respect of any day before the expiration thereof.

   (4) Any person who contravenes bye-law 19(2) shall be guilty of an offence and liable to a fine not exceeding P20.

   (5) A licensee of any premises which are altered contrary to bye-law 21, or a licensee who contravenes bye-law 25, shall be guilty of an offence and liable to a fine not exceeding P20, and, in the case of a continuing offence, to a further fine not exceeding P10 for every day during which the offence continues.

SCHEDULE
LICENCE TO USE PREMISES FOR THE RETAIL SALE OF
TRADITIONAL BEER

FRANCISTOWN TOWN COUNCIL

 

(Name) .......................................................................... is hereby licensed, in accordance with the Francistown Town Council (Retail Sales of Traditional Beer) Bye-laws, to use the premises specified below until 31st December, 20........, for sale by retail of traditional beer for consumption on the premises * /for consumption off the premises * .

   This licence is subject to the following conditions-

..................................................................................................................................

.................................................................................................................................. 

Premises ...........................................

Date of issue ......................................

Fee paid ........................................... 

 

 

...........................................
Town Council Clerk 

Date of Renewal 

Date of Renewal 

Fee paid 

Fee paid 

Date of Renewal 

Date of Renewal 

Fee paid 

Fee paid 

Date of Renewal 

Date of Renewal 

Fee paid 

Fee paid

GABORONE CITY COUNCIL (RETAIL SALES OF TRADITIONAL BEER) BYE-LAWS

(regs 34 and 35*)

(19th March, 1971)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Traditional beer to be sold or bought only on licensed premises

   4.   Consumption of traditional beer

   5.   Applications for licences and renewals

   6.   Grant and renewal of licences

   7.   Period and renewal of licences

   8.   Lapse on change of occupier

   9.   Duplicate licences

   10.   Breach of conditions of licence

   11.   Revocation of licence

   12.   Fees collected

   13.   Appeal and review

   14.   Permitted hours

   15.   Sanitary conditions to be maintained

   16.   Restrictions on sale of traditional beer to young persons, etc.

   17.   Persons to sell on licensed premises

   18.   Drunkenness, etc., not to be permitted on licensed premises

   19.   Rights of licensee to refuse admission, etc.

   20.   Premises not to be a brothel, etc.

   21.   Structural alterations to licensed premises

   22.   Inspection of premises by police, etc.

   23.   Closing of licensed premises on serious breach of peace or danger to public health

   24.   Criminal responsibility of employer and employee

   25.   Display of licence and bye-laws

   26.   Penalties

 

      Schedule - Licence to Use Premises for the Retail Sale of Traditional Beer

 

S.I. 34, 1971,
S.I. 57, 1971,
S.I. 84, 1972

 

1.   Citation

   These Bye-laws may be cited as the Gaborone City Council (Retail Sales of Traditional Beer) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "city" means the area of jurisdiction of Gaborone City Council;

   "council" means the Gaborone City Council;

   "licensed" means licensed in terms of these Bye-laws;

   "licensee" means the occupier of licensed premises;

   "lolwapa" means a customary residential precinct;

   "traditional beer" means-

   (a)   beer brewed from sorghum-meal or a mixture of sorghum-meal and mealie-meal by the fermentation of malted sorghum, but excluding the liquors commonly known as "ila", "kabidikama" or "banyana", or any beer brewed as described to which sugar, honey or syrup has been added or which is mixed with or fortified or adulterated by any other liquor or substance, or any other of the liquors commonly known as "khadi"; or

   (b)   any other liquor which the Minister may by order declare to be traditional beer for the purposes of the Liquor Act.

 

3.   Traditional beer to be sold or bought only on licensed premises

   (1) No person shall sell or buy any traditional beer by retail within the city except in a beer hall conducted by the council, or on premises licensed in terms of these Bye-laws:

   Provided that within the boundaries of a lolwapa traditional beer may be sold by and bought from any person engaging, for the purpose of subsistence or the maintenance and education of children, in the sale of traditional beer.

   (2) A licence shall be in the form set out in the Schedule hereto.

 

4.   Consumption of traditional beer

   No person shall consume traditional beer, or permit traditional beer to be consumed, on licensed premises unless such premises are licensed for the sale of traditional beer for consumption on the premises.

 

5.   Applications for licences and renewals

   (1) An application for the licensing of premises for the sale of traditional beer by retail shall be made by the occupier of such premises to the council and shall specify whether the applicant seeks a licence for-

   (a)   sale for consumption on the licensed premises;

   (b)   sale for consumption off the licensed premises; or

   (c)   sale for consumption both on and off the licensed premises.

   (2) An application for the renewal of a licence of premises for the sale of traditional beer by retail shall be made to the council by the occupier of such premises.

   (3) No application shall be made unless the applicant has given not less than 21 days' notice of his intention to apply in a newspaper circulating in the city and in writing to the Commissioner of Police and the Medical Officer of Health.

 

6.   Grant and renewal of licences

   (1) Subject as herein, the council on consideration of an application made in terms of the last preceding bye-law shall grant such application in respect of a type of sale covered thereby, and may attach such conditions to the issue or renewal of a licence as it may determine, which shall be endorsed on the licence at the time of its issue or renewal.

   (2) Subject as herein, an application for the grant or renewal of a licence in respect of sale both for consumption on the premises and for consumption off the premises may be granted in respect of either or both.

   (3) The council shall refuse to grant or renew a licence unless, after giving the applicant an opportunity of being heard, it is satisfied-

   (a)   that the applicant (or in the case of an applicant company the person responsible for its management and the management of the premises) is of good character and repute and otherwise fit and proper to carry on the sale of traditional beer by retail;

   (b)   that having regard to their situation, construction, state of repair, accommodation and equipment, the premises are suitable for the type of sale for which the licence is sought;

   (c)   that the premises are not used or proposed to be used for purposes which are in any way improper or undesirable in relation to their use for the sale of traditional beer; and

   (d)   that the applicant has complied with these Bye-laws with respect to applications for licences.

   (4) The council may refuse to grant a licence if it is of the opinion that sufficient licences under these Bye-laws have been issued in respect of the year for which the application is made.

   (5) Premises may be licensed for the sale of traditional beer for consumption on the premises only if they are used exclusively for the sale of such traditional beer, non-alcoholic liquids and tobacco and of foodstuffs served for consumption on the premises.

   (6) No person shall sell goods other than those provided for in sub-bye-law (5) on premises licensed for the sale of traditional beer for consumption on the premises.

   (7) The council may approve an application in principle but withhold the granting of a licence or renewal until it is satisfied from an inspection of the premises or otherwise that any condition affecting the structure or equipment of the premises which it is proposed to attach, or which has been attached, to the licence has been fulfilled.

   (8) There shall be charged on every licence granted under these Bye-laws and on the renewal of every such licence-

   (a)   in the case of a licence for sale for consumption on the premises, a fee of P50, or, if the licence is granted after 30th June in any year, a fee of P25 for such grant;

   (b)   in the case of a licence for sale for consumption off the premises, a fee of P20, or, if the licence is granted after 30th June in any year, a fee of P10 for such grant;

   (c)   in the case of a licence for both the said purposes, a fee of P70, or, if the licence is granted after 30th June in any year, a fee of P35 for such grant.

 

7.   Period and renewal of licences

   Subject to bye-laws 8 and 11, a licence shall remain in force until 31st December following the date upon which it takes effect and shall be capable of being renewed on application made before its expiration.

 

8.   Lapse on change of occupier

   (1) If any change of occupier of any licensed premises occurs, the licence shall thereupon lapse:

   Provided that in the event of the death of a licensee the council shall, if the right to occupy the premises vests in the estate of the deceased, endorse the licence, on application by the representative of the estate, with his name, but unless so endorsed a licence shall lapse at the expiration of one month after the death of the licensee.

   (2) There shall be charged on every such endorsement a fee of P5.

 

9.   Duplicate licences

   The council, if satisfied that a licence has been lost or destroyed, shall on payment of a fee of 50 thebe authorize the issue of a duplicate to the licensee.

 

10.   Breach of conditions of licence

   No licensee shall contravene any condition attached to the licence granted in respect of the premises occupied by him.

 

11.   Revocation of licence

   Upon the conviction of any licensee of any offence under these Bye-laws the council may revoke his licence.

 

12.   Fees collected

   All fees collected in terms of these Bye-laws shall be paid into the General Fund of the council.

 

13.   Appeal and review

   (1) Any person aggrieved by any decision of the council under these Bye-laws may within 30 days thereof give notice of appeal therefrom in writing to the council, and in such notice shall set forth his grounds of appeal.

   (2) On receiving any notice of appeal under the preceding sub-bye-law the council shall refer the appeal to the Minister who shall have power to confirm or vary the decision.

 

14.   Permitted hours

   (1) Subject to sub-bye-law (4) on premises licensed for the sale of traditional beer for consumption on the premises no traditional beer shall be consumed except between 8 a.m. and 10.30 p.m.

   (2) Subject to sub-bye-law (4) no traditional beer shall be sold on licensed premises except between 8 a.m. and 10.30 p.m.:

   Provided that on licensed premises to which the Shop and Restaurant Hours Act applies and which are licensed for consumption off the premises, traditional beer may be sold for consumption off the licensed premises only during such hours as may be applicable under that Act.

   (3) No licensed premises shall be open to the public except during the hours when traditional beer may be sold thereon.

   (4) On Good Friday no licensed premises shall be open.

 

15.   Sanitary conditions to be maintained

   Every licensee shall-

   (a)   maintain the licensed premises at all times in a clean and sanitary condition and in good repair;

   (b)   keep all utensils, vessels, containers, linen, towels, cloth, furnishings and other articles used in the conduct of his business in a clean and sanitary condition and in good repair;

   (c)   sell or cause to be sold no drink which is not sound and wholesome;

   (d)   provide and maintain suitable means for protecting all foodstuffs and drinks on the premises from contamination by dust, dirt, flies and other causes of contamination; and

   (e)   provide latrines for the staff of the licensed premises and in addition, in the case of premises licensed for the sale of traditional beer for consumption on the premises, adequate separate latrines for male and female customers.

 

16.   Restrictions on sale of traditional beer to young persons, etc.

   (1) No licensee shall sell or supply traditional beer to any person whom he knows or has reason to believe is under 18 years old.

   (2) A person under 18 years old shall not consume or buy or attempt to buy traditional beer on licensed premises.

   (3) No licensee shall sell to or permit any traditional beer to be consumed on the licensed premises by a person whom he knows or has reason to believe is under 18 years old.

   (4) No person shall buy or attempt to buy traditional beer on licensed premises for consumption on those premises by a person whom he knows or has reason to believe is under 18 years old.

   (5) No licensee shall employ on licensed premises any person whom he knows or has reason to believe to be under 18 years old, nor, except in such circumstances as the council may specify in the licence, shall he allow any such person to enter the licensed premises.

 

17.   Persons to sell on licensed premises

   No person shall sell, and no licensee shall permit any person to sell traditional beer by retail on licensed premises unless such person is an employee of the licensee of those premises or is himself licensed in respect thereof.

 

18.   Drunkenness, etc., not to be permitted on licensed premises

   (1) No licensee shall permit drunkenness, violent or riotous conduct to take place on the licensed premises.

   (2) No licensee shall sell traditional beer to, or for consumption on the licensed premises by, any person who appears to be drunk or who is violent or riotous.

 

19.   Rights of licensee to refuse admission, etc.

   (1) Without prejudice to any other rights to refuse a person admission to any premises or to expel a person from premises, a licensee or his manager, agent or servant, may refuse to admit to, or may expel from, the licensed premises any person who is drunk, violent or disorderly, or whose presence on his premises would subject the licensee to a penalty under these Bye-laws or any other written law.

   (2) If a person liable to be expelled from licensed premises under these Bye-laws is requested by the licensee, his manager, agent or servant, or by any member of the Botswana Police Force, to leave the premises, that person shall leave the licensed premises forthwith.

 

20.   Premises not to be a brothel, etc.

   No licensee shall permit the licensed premises to be a brothel or to be an habitual resort or place of meeting of reputed prostitutes.

 

21.   Structural alterations to licensed premises

   No structural alteration or addition to any licensed premises and no material alteration in the internal arrangement of such premises shall be made except with the written approval of the council.

 

22.   Inspection of premises by police, etc.

   (1) Any member of the Botswana Police Force and any person duly authorized in writing for the purpose by the council or the Medical Officer of Health may at any time enter and inspect any licensed premises for the purpose of detecting an offence or of observing the state of repair and sanitary condition of such premises or of ensuring that a licensee is complying with any conditions of his licence.

   (2) No licensee shall refuse or fail to admit any person referred to in sub-bye-law (1) to such premises.

 

23.   Closing of licensed premises on serious breach of peace or danger to public health

   (1) If any serious breach of the peace occurs or is expected to occur, any District Officer or Senior District Officer or member of the Botswana Police Force of or above the rank of Superintendent may order any licensed premises in or near the place concerned to be closed for such period as he may think fit and any person carrying out such order may use such force as may be reasonably necessary to close such premises.

   (2) Where in the opinion of the Minister a danger to public health would be likely to be created thereon, the Minister may order any licensed premises to be closed for such period as he may think fit.

   (3) No person shall resist or obstruct an order given under this bye-law.

 

24.   Criminal responsibility of employer and employee

   (1) Whenever the manager, agent or servant of a licensee does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of these Bye-laws, then except in the circumstances set out in sub-bye-law (2) that licensee shall be deemed to have contravened these Bye-laws.

   (2) Sub-bye-law (1) shall not apply where-

   (a)   in doing or omitting to do that thing, the manager, agent or servant, was acting without the licensee's knowledge, consent or connivance; and

   (b)   all reasonable steps were taken by the licensee to prevent any act or omission of the kind in question:

         Provided that the fact that the licensee issued instructions forbidding any act or omission of the kind in question shall not, in itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.

   (3) A manager, agent or servant of a licensee who does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of these Bye-laws shall be deemed himself to have contravened these Bye-laws.

 

25.   Display of licence and bye-laws

   Every licensee shall display in a conspicuous place inside the premises a copy of his licence and of these Bye-laws.

 

26.   Penalties

   (1) Any person who contravenes bye-law 3, 6(6), 18(1) or 20 shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

   (2) Any person who contravenes bye-law 4, 14, 15, 16, 17, 18(2), 22(2) or 23(3) shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

   (3) Any licensee who contravenes bye-law 10 shall be guilty of an offence and liable to a fine not exceeding P100 and in the case of a continuing offence to an additional fine not exceeding P10 for every day during which the offence continues:

   Provided that the court, if it thinks fit, may fix a reasonable period from the date of conviction for compliance with the condition in question; and where the court has fixed such a period the daily penalty shall not be recoverable in respect of any day before the expiration thereof.

   (4) Any person who contravenes bye-law 19(2) shall be guilty of an offence and liable to a fine not exceeding P20.

   (5) A licensee of any premises which are altered contrary to bye-law 21, or a licensee who contravenes bye-law 25, shall be guilty of an offence and liable to a fine not exceeding P20, and, in the case of a continuing offence, to a further fine not exceeding P10 for every day during which the offence continues.

SCHEDULE
LICENCE TO USE PREMISES FOR THE RETAIL SALE OF
TRADITIONAL BEER

GABORONE CITY COUNCIL

(Name) .......................................................................... is hereby licensed, in accordance with the Gaborone City Council (Retail Sales of Traditional Beer) Bye-laws, to use the premises specified below until 31st December, 20 ........, for sale by retail of traditional beer for consumption on the premises * /for consumption off the premises * .


   This licence is subject to the following conditions-

..................................................................................................................................

.................................................................................................................................. 

Premises ...........................................

Date of issue ......................................

Fee paid ........................................... 

 

 

...............................................
Town Council Clerk 

Date of Renewal 

Date of Renewal 

Fee paid 

Fee paid 

Date of Renewal 

Date of Renewal 

Fee paid 

Fee paid 

Date of Renewal 

Date of Renewal 

Fee paid 

Fee paid

LOBATSE TOWN COUNCIL (RETAIL SALES OF TRADITIONAL
BEER) BYE-LAWS

(regs 34 and 35*)

(2nd April, 1971)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Traditional beer to be sold or bought only on licensed premises

   4.   Consumption on licensed premises

   5.   Application for licences and renewals

   6.   Grant and renewal of licences

   7.   Period and renewal of licences

   8.   Lapse on change of occupier

   9.   Duplicate licences

   10.   Breach of conditions

   11.   Revocation of licence

   12.   Fees

   13.   Appeal and review

   14.   Permitted hours

   15.   Sanitary conditions to be maintained

   16.   Restrictions on sale of traditional beer to young persons, etc.

   17.   Persons to sell on licensed premises

   18.   Drunkenness, etc., not to be permitted on licensed premises

   19.   Rights of licensee to refuse admission, etc.

   20.   Premises not to be a brothel, etc.

   21.   Structural alterations to premises

   22.   Inspection of premises by police, etc.

   23.   Closing of licensed premises on serious breach of peace on danger to public health

   24.   Criminal responsibility of employer and employee

   25.   Display of licence and bye laws

   26.   Penalties

 

      Schedule - Licence to Use Premises for the Retail Sale of Traditional Beer

 

S.I. 41, 1971.

 

1.   Citation

   These Bye-laws may be cited as the Lobatse Town Council (Retails Sales of Traditional Beer) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "council" means the Lobatse Town Council;

   "licensed" means licensed in terms of these Bye-laws;

   "licensee" means the occupier of licensed premises;

   "lolwapa" means a customary residential precinct;

   "township" means the area of jurisdiction of Lobatse Town Council;

   "traditional beer" means-

   (a)   beer brewed from sorghum-meal or a mixture of sorghum-meal and mealie-meal by the fermentation of malted sorghum, but excluding the liquors commonly known as "ila", "kabidikama" or "banyana", or any beer brewed as described to which sugar, honey or syrup has been added or which is mixed with or fortified or adulterated by any other liquor or substance, or any other of the liquors commonly known as "khadi"; or

   (b)   any other liquor which the Minister may by order published in the Gazette, declare to be traditional beer for the purposes of the Liquor Act.

 

3.   Traditional beer to be sold or bought only on licensed premises

   (1) No person shall sell or buy any traditional beer by retail within the township except in a beer hall conducted by the council, or on premises on which the sale of intoxicating liquor is permitted under the Liquor Act, or on premises licensed in terms of these Bye-laws:

   Provided that within the boundaries of a lolwapa traditional beer may be sold by and bought from any person engaging, for the purpose of subsistence or the maintenance and education of children, in the sale of traditional beer.

   (2) A licence shall be in the form set out in the Schedule hereto.

 

4.   Consumption on licensed premises

   No person shall consume traditional beer, or permit traditional beer to be consumed, on licensed premises unless such premises are licensed for the sale of traditional beer for consumption on the premises.

 

5.   Applications for licences and renewals

   (1) An application for the licensing of premises for the sale of traditional beer by retail shall be made by the occupier of such premises to the council and shall specify whether the applicant seeks a licence for-

   (a)   sale for consumption on the licensed premises;

   (b)   sale for consumption off the licensed premises; or

   (c)   sale for consumption both on and off the licensed premises.

   (2) An application for the renewal of a licence of premises for the sale of traditional beer by retail shall be made to the council by the occupier of such premises.

   (3) No application shall be made unless the applicant has given not less than 21 days' notice of his intention to apply in a newspaper circulating in the township and in writing to the principal police officer of the township and the Medical Officer of Health.

 

6.   Grant and renewal of licences

   (1) Subject as herein, the council on consideration of an application made in terms of the last preceding bye-law shall grant such application in respect of a type of sale covered thereby, and may attach such conditions to the issue or renewal of a licence as it may determine, which shall be endorsed on the licence at the time of its issue or renewal.

   (2) Subject as herein, an application for the grant or renewal of a licence in respect of sale both for consumption on the premises and for consumption off the premises may be granted in respect of either or both.

   (3) The council shall refuse to grant or renew a licence unless, after giving the applicant an opportunity of being heard, it is satisfied-

   (a)   that the applicant (or in the case of an applicant company the person responsible for its management and the management of the premises) is of good character and repute and otherwise fit and proper to carry on the sale of traditional beer by retail;

   (b)   that having regard to their situation, construction, state of repair, accommodation and equipment, the premises are suitable for the type of sale for which the licence is sought;

   (c)   that the premises are not used or proposed to be used for purposes which are in any way improper or undesirable in relation to their use for the sale of traditional beer; and

   (d)   that the applicant has complied with these Bye-laws with respect to applications for licences.

   (4) The council may refuse to grant a licence if it is of the opinion that sufficient licences under these Bye-laws have been issued in respect of the year for which the application is made.

   (5) Premises may be licensed for the sale of traditional beer for consumption on the premises only if they are used exclusively for the sale of such traditional beer, non-alcoholic liquids and tobacco and of foodstuffs served for consumption on the premises.

   (6) No person shall sell goods other than those provided for in sub-bye-law (5) on premises licensed for the sale of traditional beer for consumption on the premises.

   (7) The council may approve an application in principle but withhold the granting of a licence or renewal until it is satisfied from an inspection of the premises or otherwise that any condition affecting the structure or equipment of the premises which it is proposed to attach, or which has been attached, to the licence has been fulfilled.

   (8) There shall be charged on every licence granted under these Bye-laws and on the renewal of every such licence-

   (a)   in the case of a licence for sale for consumption on the premises, a fee of P50, or, if the licence is granted after 30th June in any year, a fee of P25 for such grant;

   (b)   in the case of a licence for sale for consumption off the premises, a fee of P20, or, if the licence is granted after 30th June in any year, a fee of P10 for such grant;

   (c)   in the case of a licence for both the said purposes, a fee of P70, or, if the licence is granted after 30th June in any year, a fee of P35 for such grant.

 

7.   Period and renewal of licences

   Subject to bye-laws 8 and 11, a licence shall remain in force until 31st December following the date upon which it takes effect and be capable of being renewed on application made before its expiration.

 

8.   Lapse on change of occupier

   (1) If any change of occupier of any licensed premises occurs, the licence shall thereupon lapse:

   Provided that in the event of the death of a licensee the council shall, if the right to occupy the premises vests in the estate of the deceased, endorse the licence, on application by the representative of the estate, with his name, but unless so endorsed a licence shall lapse at the expiration of one month after the death of a licensee.

   (2) There shall be charged on every such endorsement a fee of P5.

 

9.   Duplicate licences

   The council, if satisfied that a licence has been lost or destroyed, shall on payment of a fee of 50 thebe authorize the issue of a duplicate to the licensee.

 

10.   Breach of conditions

   No licensee shall contravene any condition attached to the licence granted in respect of the premises occupied by him.

 

11.   Revocation of licence

   Upon the conviction of any licensee of any offence under these Bye-laws the council may revoke his licence.

 

12.   Fees

   All fees collected in terms of these Bye-Laws shall be paid into the General Fund of the council.

 

13.   Appeal and review

   (1) Any person aggrieved by any decision of the council under these Bye-laws may within 30 days thereof give notice of appeal therefrom in writing to the council, and in such notice shall set forth his grounds of appeal.

   (2) On receiving any notice of appeal under the preceding sub-bye-law, the council shall refer the appeal to the Minister who shall have power to confirm or vary the decision.

 

14.   Permitted hours

   (1) Subject to sub-bye-law (4) on premises licensed for the sale of traditional beer for consumption on the premises no traditional beer shall be consumed except between 8 a.m. and 10.30 p.m.:

   Provided that on licensed premises to which the Shop and Restaurant Hours Act applies and which are licensed for consumption off the premises, traditional beer may be sold for consumption off the licensed premises only during such hours as may be applicable under that Act.

   (3) No licensed premises shall be open to the public except during the hours when traditional beer may be sold thereon.

   (4) On Good Friday no licensed premises shall be open.

 

15.   Sanitary conditions to be maintained

   Every licensee shall-

   (a)   maintain the licensed premises at all times in a clean and sanitary condition and in good repair;

   (b)   keep all utensils, vessels, containers, linen, towels, cloth, furnishings and other articles used in the conduct of his business in a clean and sanitary condition and in good repair;

   (c)   sell or cause to be sold no drink which is not sound and wholesome;

   (d)   provide and maintain suitable means for protecting all foodstuffs and drinks on the premises from contamination by dust, dirt, flies and other causes of contamination; and

   (e)   provide latrines for the staff of the licensed premises and in addition, in the case of premises licensed for the sale of traditional beer for consumption on the premises, adequate separate latrines for male and female customers.

 

16.   Restrictions on sale of traditional beer to young persons, etc.

   (1) No licensee shall sell or supply traditional beer to any person whom he knows or has reason to believe is under 18 years old.

   (2) A person under 18 years old shall not consume or buy or attempt to buy traditional beer on licensed premises.

   (3) No licensee shall sell to or permit any traditional beer to be consumed on the licensed premises by a person whom he knows or has reason to believe is under 18 years old.

   (4) No person shall buy or attempt to buy traditional beer on licensed premises for consumption on those premises by a person whom he knows or has reason to believe is under 18 years old.

   (5) No licensee shall employ on licensed premises any person whom he knows or has reason to believe to be under 18 years old, nor, except in such circumstances as the council may specify in the licence, shall he allow any such person to enter the licensed premises.

 

17.   Persons to sell on licensed premises

   No person shall sell, and no licensee shall permit any person to sell, traditional beer by retail on licensed premises unless such person is an employee of the licensee of those premises or is himself licensed in respect thereof.

 

18.   Drunkenness, etc. not to be permitted on licensed premises

   (1) No licensee shall permit drunkenness, violent or riotous conduct to take place on the licensed premises.

   (2) No licensee shall sell traditional beer to, or for consumption on the licensed premises by, any person who appears to be drunk or who is violent or riotous.

 

19.   Rights of licensee to refuse admission, etc.

   (1) Without prejudice to any other rights to refuse a person admission to any premises or to expel a person from premises, a licensee or his manager, agent or servant, may refuse to admit to, or may expel from, the licensed premises any person who is drunk, violent or disorderly, or whose presence on his premises would subject the licensee to a penalty under these Bye-laws or any other written law.

   (2) If a person liable to be expelled from licensed premises under these Bye-laws is required by the licensee, his manager, agent or servant, or by any member of the Botswana Police Force, to leave the premises, that person shall leave the licensed premises forthwith.

 

20.   Premises not to be a brothel, etc.

   No licensee shall permit the licensed premises to be a brothel or to be an habitual resort or place of meeting of reputed prostitutes.

 

21.   Structural alterations to premises

   No structural alteration or addition to any licensed premises and no material alteration in the internal arrangement of such premises shall be made except with the written approval of the council.

 

22.   Inspection of premises by police, etc.

   (1) Any member of the Botswana Police Force and any person duly authorized in writing for the purpose by the council or the Medical Officer of Health may at any time enter and inspect any licensed premises for the purpose of detecting an offence or of observing the state of repair and sanitary condition of such premises or of ensuring that a licensee is complying with any conditions of his licence.

   (2) No licensee shall refuse or fail to admit any person referred to in sub-bye-law (1) to such premises.

 

23.   Closing of licensed premises on serious breach of peace or danger to public health

   (1) If any serious breach of the peace occurs or is expected to occur, any District Officer or Senior District Officer or member of the Botswana Police Force of or above the rank of Superintendent may order any licensed premises in or near the place concerned to be closed for such period as he may think fit and any person carrying out such order may use such force as may be reasonably necessary to close such premises.

   (2) Where in the opinion of the Minister a danger to public health would be likely to be created thereon, the Minister may order any licensed premises to be closed for such period as he may think fit.

   (3) No person shall resist or obstruct an order given under this bye-law.

 

24.   Criminal responsibility of employer and employee

   (1) Whenever the manager, agent or servant of a licensee does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of these Bye-laws, then except in the circumstances set out in sub-bye-law (2) that licensee shall be deemed to have contravened these Bye-laws.

   (2) Sub-bye-law (1) shall not apply where-

   (a)   in doing or omitting to do that thing, the manager, agent or servant, was acting without the licensee's knowledge, consent or connivance; and

   (b)   all reasonable steps were taken by the licensee to prevent any act or omission of the kind in question:

         Provided that the fact that the licensee issued instructions forbidding any act or omission of the kind in question shall not, in itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.

   (3) A manager, agent or servant of a licensee who does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of these Bye-laws shall be deemed himself to have contravened these Bye-laws.

 

25.   Display of licence and bye-laws

   Every licensee shall display in a conspicuous place inside the premises a copy of his licence and of these Bye-laws.

 

26.   Penalties

   (1) Any person who contravenes bye-law 3, 6(6), 18(1) or 20 shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

   (2) Any person who contravenes bye-law 4, 14, 15, 16, 17, 18(2), 22(2) or 23(3) shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

   (3) Any licensee who contravenes bye-law 10 shall be guilty of an offence and liable to a fine not exceeding P100 and in the case of a continuing offence to an additional fine not exceeding P10 for every day during which the offence continues:

   Provided that the court, if it thinks fit, may fix a reasonable period from the date of conviction for compliance with the condition in question; and where the court has fixed such a period the daily penalty shall not be recoverable in respect of any day before the expiration thereof.

   (4) Any person who contravenes bye-law 19(2) shall be guilty of an offence and liable to a fine not exceeding P20.

   (5) A licensee of any premises which are altered contrary to bye-law 21, or a licensee who contravenes bye-law 25, shall be guilty of an offence and liable to a fine not exceeding P20, and, in the case of a continuing offence, to a further fine not exceeding P10 for every day during which the offence continues.

SCHEDULE
LICENCE TO USE PREMISES FOR THE RETAIL SALE OF TRADITIONAL BEER

LOBATSE TOWN COUNCIL

(Name) .......................................................................... is hereby licensed, in accordance with the Lobatse Town Council (Retail Sales of Traditional Beer) Bye-laws, to use the premises specified below until 31st December, 20 ........, for sale by retail of traditional beer for consumption on the premises * /for consumption off the premises * .

   This licence is subject to the following conditions-

..................................................................................................................................

.................................................................................................................................. 

Premises ...........................................

Date of issue ......................................

Fee paid ........................................... 

 

 

...............................................
Town Council Clerk 

Date of Renewal 

Date of Renewal 

Fee paid 

Fee paid 

Date of Renewal 

Date of Renewal 

Fee paid 

Fee paid 

Date of Renewal 

Date of Renewal 

Fee paid 

Fee paid

JWANENG TOWN COUNCIL (CONTROL OF RETAIL SALES OF TRADITIONAL BEER) BYE-LAWS

(under regulations 34 and 35*)

(19th September, 1980)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   General restriction on sale of traditional beer by retail

   4.   Application for issue, renewal or transfer of traditional beer licence

   5.   Issue or renewal of traditional beer licence

   6.   Transfer of traditional beer licence

   7.   Appeal to Minister against decision of council

   8.   Issue of duplicate of traditional beer licence

   9.   Fees in connection with traditional beer licence

   10.   Period of validity of traditional beer licence

   11.   Consumption on licensed premises

   12.   Permitted hours

   13.   Penalties for breach of condition attached to traditional beer licence

   14.   Duties of licensee

   15.   Restriction on sale or supply of traditional beer on licensed premises to person under 18

   16.   Persons to sell on licensed premises

   17.   Drunkenness, etc., not to be permitted on licensed premises

   18.   Power of licensee to refuse admission to or to expel from licensed premises

   19.   Licensed premises not to be used as brothel

   20.   Structural alteration to licensed premises

   21.   Display of licence and of bye-laws

   22.   Power to inspect licensed premises

   23.   Closure of licensed premises

   24.   Imputed criminal liability of licensee and licensee's servant

   25.   Revocation of licence on conviction of licensee

 

      Schedule - Traditional Beer Licence Fees

 

S.I. 115, 1980.

 

1.   Citation

   These Bye-laws may be cited as the Jwaneng Town Council (Control of Retail Sales of Traditional Beer) Bye-laws.

 

2.   Interpretation

   In these Bye-laws-

   "council" means Jwaneng Town Council;

   "licensed premises" means premises in respect of which a traditional beer licence is in force;

   "licensee" means the holder of a traditional beer licence;

   "Town Clerk" means the Town Clerk of Jwaneng Town Council;

   "township" means the area of jurisdiction of the Jwaneng Town Council;

   "traditional beer" means-

   (a)   beer brewed from sorghum-meal or a mixture of sorghum-meal and mealie-meal by the fermentation of malted sorghum (but excluding the liquors commonly known as "ila", "kabidikama" or "banyana") or any beer brewed as described to which sugar, honey or syrup has been added or which is mixed with or fortified or adulterated by any other liquor or substance, or any other of the liquors commonly known as "khadi"; or

   (b)   any other liquor which the Minister may, by order published in the Gazette, declare to be traditional beer for the purposes of the Liquor Act.

 

3.   General restriction on sale of traditional beer by retail

   (1) No person shall sell or buy traditional beer by retail within the township except-

   (a)   in a beer hall conducted by the council;

   (b)   on premises in respect of which a licence issued under the Liquor Act (other than a provisional licence) is in force; or

   (c)   on premises in respect of which a licence issued under these Bye-laws (hereinafter referred to as a "traditional beer licence") is in force.

   (2) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

 

4.   Application for issue, renewal or transfer of traditional beer licence

   (1) In order to make an application for the issue or renewal of a traditional beer licence or for the transfer of such a licence to another person the occupier of the premises in respect of which the licence is sought or is in force, as the case may be, shall lodge an application in writing, in such form as the council may require, with the Town Clerk.

   (2) Every application for the issue of a traditional beer licence shall state whether a licence is sought authorizing the sale of traditional beer for consumption-

   (a)   on the premises in question;

   (b)   off the premises in question; or

   (c)   both on and off the premises in question.

   (3) No application for the issue or renewal of a traditional beer licence shall be made unless the applicant, not less than 21 days immediately before the application is made, has given notice of his intention to make the application and of the particulars thereof in a newspaper circulating within the township and in writing served on the principal police officer and the Government Medical Officer of Health stationed within the township.

   (4) No application for the renewal of a traditional beer licence shall be made after the licence has expired.

   (5) Where an application is made in accordance with this bye-law, the Town Clerk shall place the application before the council at its meeting next after the date on which the application was made.

 

5.   Issue or renewal of traditional beer licence

   (1) Subject to the other provisions of this bye-law, the council shall-

   (a)   grant every application for the issue of a traditional beer licence, and the Town Clerk shall issue a licence authorizing the kind of sale for which authorization was sought; and

   (b)   grant every application for the renewal of a traditional beer licence, and the Town Clerk shall endorse the licence to the effect that it has been renewed:

         Provided that the council may-

      (i)   attach to the licence such conditions as it thinks appropriate, which conditions shall be clearly written in the licence by the Town Clerk, and

      (ii)   where an application is for the issue of a licence authorizing the sale of traditional beer for consumption both on and off the premises in question or for the renewal of a licence already authorizing both kinds of sale, direct the Town Clerk to issue a licence authorizing one kind of sale alone or to alter the existing licence to authorize one kind of sale alone.

   (2) The council shall not grant an application for the issue or renewal of a traditional beer licence unless it is satisfied-

   (a)   that the person to whom the licence is to be issued or the holder of the existing licence, as the case may be, is or remains of good character and repute and otherwise a fit and proper person to sell traditional beer by retail;

   (b)   that, having regard to their situation, construction, state of repair, accommodation and equipment, the premises in question are or remain suitable for the kind of sale to be authorized by the licence;

   (c)   that the premises in question are not used or likely to be used for a purpose which is in any way improper or undesirable in connection with the use of those premises for the sale of traditional beer; and

   (d)   that the application has been made in accordance with these Bye-laws.

   (3) The council may refuse to grant an application for the issue of a traditional beer licence if it is of the opinion that a sufficient type of such licences are already or are likely to be in force in respect of the period for which such licence would otherwise have been in force unless renewed.

   (4) The council may approve in principle an application for the issue or renewal of a traditional beer licence but withhold granting the application until it is satisfied (by inspection or otherwise) that any condition in relation to the construction, state of repair, accommodation or equipment of the premises in question, which it proposes to attach or has already attached to the licence, is being observed.

   (5) No traditional beer licence shall be issued to any company, society, partnership or other association of persons; but this sub-bye-law shall not prohibit the issue of such a licence to the nominee of a company, society, partnership or other association of persons.

 

6.   Transfer of traditional beer licence

   (1) Subject to the other provisions of this bye-law, the council shall grant every application for the transfer of a traditional beer licence to another person, and the Town Clerk shall endorse the licence to the effect that it has been transferred to the other person concerned.

   (2) The council shall not grant an application for the transfer of a traditional beer licence to another person unless it is satisfied-

   (a)   that the person to whom the licence is to be transferred is of good character and repute and otherwise a fit and proper person to sell traditional beer by retail; and

   (b)   that the application has been made in accordance with these Bye-laws.

   (3) No traditional beer licence shall be transferred to any company, society, partnership or other association of persons; but, where the person holding such a licence has been but ceases to be the nominee of a company, society, partnership or other association of persons, steps may be taken in accordance with these Bye-laws to have the licence transferred to a new nominee of that company, society, partnership or other association of persons.

   (4) No traditional beer licence shall be transferable in respect of the premises to which it relates.

 

7.   Appeal to Minister against decision of council

   (1) Any applicant for the issue, renewal or transfer of a traditional beer licence who is aggrieved by the council's decision not to grant his application or as to any term of or condition attached to the licence may appeal against that decision to the Minister by written notice.

   (2) Every notice of appeal under this bye-law shall be lodged in duplicate with the Town Clerk within 30 days immediately after the date on which the application was refused or the licence issued or endorsed to the effect that it had been renewed, as the case may be, and the Town Clerk shall forthwith transmit one copy of the notice of appeal to the Minister.

   (3) Every notice of appeal under this bye-law shall clearly state-

   (a)   the appellant's full name, residential address and postal address (if any);

   (b)   the date on which the application was refused or the licence issued or endorsed to the effect that it had been renewed, as the case may be;

   (c)   where the appeal is against a decision as to any term of or condition attached to the licence, the full terms and conditions of the licence; and

   (d)   the grounds on which the appellant contends that his application was wrongly refused or the term or condition in question should be rescinded or altered.

   (4) The Minister shall consider every appeal made to him under this bye-law and shall-

   (a)   in the case of an appeal against a decision of the council not to grant an application for the issue, renewal or transfer of a traditional beer licence, either dismiss the appeal or allow it, in which last case the Town Clerk shall forthwith issue a licence authorizing the kind of sale for which authorization was sought (unless the Minister otherwise directs under sub-bye-law (5)(b)) or endorse the licence to the effect that it has been renewed or transferred to the other person concerned, as is appropriate; or

   (b)   in the case of an appeal against a decision of the council as to any term of or condition attached to a traditional beer licence, either dismiss the appeal or allow it, wholly or in part, and rescind or alter the term or condition, in which last case the Town Clerk shall forthwith ensure that the terms and conditions set out in the licence accord with the Minister's decision.

   (5) Where the Minister allows an appeal under this bye-law against a decision of the council not to grant an application for the issue or renewal of a traditional beer licence, the Minister may-

   (a)   attach to the licence such conditions as he thinks appropriate, which conditions shall be clearly written in the licence by the Town Clerk; and

   (b)   where the application was for the issue of a licence authorizing the sale of traditional beer for consumption both on and off the premises in question or for the renewal of a licence already authorizing both kinds of sale, direct the Town Clerk to issue a licence authorizing one kind of sale alone or to alter the existing licence to authorize one kind of sale alone.

 

8.   Issue of duplicate of traditional beer licence

   (1) In order to replace a traditional beer licence which has been lost or destroyed, the holder thereof shall apply in writing to the Town Clerk for a duplicate of the same.

   (2) Where the Town Clerk is satisfied that the original licence has been lost or destroyed, he shall grant every application under this bye-law and issue to the applicant a duplicate of the original traditional beer licence.

 

9.   Fees in connection with traditional beer licence

   (1) For the issue, renewal or transfer of a traditional beer licence or for the issue of a duplicate thereof, a fee shall be payable to the council as provided in the Schedule and the fee shall be paid before the licence is issued, renewed or transferred or the duplicate thereof is issued, as the case may be.

   (2) All fees paid in accordance with this bye-law shall be paid into the general fund of the council.

 

10.   Period of validity of traditional beer licence

   Every traditional beer licence shall remain in force until 31st December next following the date specified in the licence by the Town Clerk from which it takes effect on issue or renewal unless earlier renewed in accordance with these Bye-laws.

 

11.   Consumption on licensed premises

   (1) No person shall consume traditional beer or permit traditional beer to be consumed on licensed premises unless the traditional beer licence in respect of those premises authorizes the sale of traditional beer for consumption on those premises.

   (2) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

 

12.   Permitted hours

   (1) No person shall sell traditional beer on licensed premises except between 8 a.m. and 10.30 p.m.

   Provided that, where the traditional beer licence in question authorizes the sale of traditional beer for consumption off the premises and the Shop and Restaurants Hours Act applies to those premises, no person shall sell traditional beer on those premises except during the hours permitted by that Act.

   (2) No person shall consume traditional beer or permit traditional beer to be consumed on licensed premises in respect of which the sale of traditional beer for consumption on those premises is authorized except between 8 a.m. and 10.30 p.m. on any day other than Good Friday.

   (3) Every licensee shall ensure that the licensed premises are closed to the public except during the hours during which traditional beer may be sold on those premises.

   (4) Every licensee shall ensure that the licensed premises are closed to the public on Good Friday.

   (5) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

 

13.   Penalties for breach of condition attached to traditional beer licence

   Any licensee who contravenes a condition attached to his traditional beer licence by the council or by the Minister shall be guilty of an offence and liable to a fine not exceeding P100 and, in the case of a continuing offence, to an additional fine not exceeding P10 for each day during which the offence continues:

   Provided that the court may fix a reasonable period from the date of conviction within which the licensee is to observe the condition in question and, where the court does so, the daily penalty shall not be recoverable in respect of any day before the expiry of that period.

 

14.   Duties of licensee

   (1) Every licensee shall at all times ensure-

   (a)   that the licensed premises (including any latrines provided in accordance with this bye-law) and all utensils, containers, linen, towels, cloths, furnishings and all other articles used therein are in a clean and sanitary condition and in good repair;

   (b)   that no drink is sold on the licensed premises which is not wholesome;

   (c)   that effective means are available for protecting all foodstuffs and drink on the licensed premises from contamination by dust, dirt or flies or by any other agency whatsoever;

   (d)   that adequate latrines are provided for the staff of the licensed premises and, in the case of licensed premises in respect of which the sale of traditional beer for consumption on those premises is authorized, that adequate separate latrines are provided for men and women customers; and

   (e)   in the case of licensed premises in respect of which the sale of traditional beer for consumption on those premises is authorized, that the premises are used, in addition to the sale of traditional beer, for the sale only of non-alcoholic drinks and tobacco and of food to be consumed on the premises.

   (2) Any licensee who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

 

15.   Restriction on sale or supply of traditional beer on licensed premises to person under 18

   (1) No person shall sell or supply traditional beer on licensed premises to a person whom he knows or has reasonable cause to believe is under 18 years of age.

   (2) No person shall permit traditional beer to be consumed on licensed premises by a person whom he knows or has reasonable cause to believe is under 18 years of age.

   (3) No person shall buy or otherwise obtain traditional beer on licensed premises for consumption on those premises by a person whom he knows or has reasonable cause to believe is under 18 years of age.

   (4) No person under 18 years of age shall buy or otherwise obtain or consume traditional beer on licensed premises.

   (5) No licensee shall employ on the licensed premises any person whom he knows or has reasonable cause to believe is under 18 years of age and no licensee shall permit such a person to enter or remain on the licensed premises except to the extent that his licence may authorize him to do so.

   (6) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

 

16.   Persons to sell on licensed premises

   (1) No person shall sell traditional beer on licensed premises unless he is the licensee of those premises or the servant of the licensee.

   (2) No licensee shall permit another person to sell traditional beer on the licensed premises unless that other person is his servant.

   (3) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

 

17.   Drunkenness, etc. not to be permitted on licensed premises

   (1) A licensee shall not-

   (a)   permit drunkenness or violent or disorderly conduct on the licensed premises; or

   (b)   sell traditional beer on the licensed premises to or for consumption on the licensed premises by any person who he has reasonable cause to believe is drunk or whose conduct is violent or disorderly.

   (2) Any licensee who contravenes this bye-law shall be guilty of an offence and liable-

   (a)   in the case of a contravention of sub-bye-law (1)(a), to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both; or

   (b)   in the case of a contravention of sub-bye-law (1)(b), to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

 

18.   Power of licensee to refuse admission to or to expel from licensed premises

   (1) Without prejudice to his rights under any other law, a licensee or his servant may refuse to admit to, or, expel from the licensed premises, any person who appears to him to be drunk or whose conduct is violent or disorderly or whose presence or continued presence on the licensed premises might, in the opinion of the licensee or his servant, as the case may be, expose the licensee or his servant to a penalty under these Bye-laws or any other written law.

   (2) Any person liable to be expelled from licensed premises under this bye-law shall, on being required to leave the premises by the licensee or his servant or by a police officer, immediately leave the licensed premises.

   (3) No person shall hinder or obstruct a licensee or his servant in the exercise of the powers conferred on him by this bye-law.

   (4) Any person who contravenes this bye-law shall be guilty of an offence and liable-

   (a)   in the case of a contravention of sub-bye-law (2), to a fine not exceeding P20; or

   (b)   in the case of a contravention of sub-bye-law (3) to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

 

19.   Licensed premises not to be used as brothel

   (1) Every licensee shall ensure that the licensed premises are not used as a brothel or as an habitual resort or place of meeting of reputed prostitutes.

   (2) Any licensee who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

 

20.   Structural alteration to licensed premises

   (1) No person shall make any structural alteration or addition to licensed premises or any material alteration to the internal arrangement of licensed premises unless the council has approved the alteration or addition in writing signed by the Town Clerk.

   (2) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P200 and, in the case of a continuing offence, to an additional fine not exceeding P10 for every day the offence continues.

 

21.   Display of licence and of bye-laws

   (1) Every licensee shall ensure that a copy of his licence and a copy of these Bye-laws are displayed in a conspicuous place within the licensed premises, where the same may readily be read by members of the public, at all times when the licensed premises are open to the public.

   (2) Any licensee who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P200 and, in the case of a continuing offence, to an additional fine not exceeding P10 for every day the offence continues.

 

22.   Power to inspect licensed premises

   (1) The Town Clerk, any person authorized by the Town Clerk in writing in that behalf or any police officer or Government Medical Officer of Health may, at any time, enter and inspect licensed premises for the purpose of ensuring that these Bye-laws and the terms of any conditions attached to the traditional beer licence in question are being complied with and of observing the construction, state of repair, accommodation, equipment and sanitary condition of the premises.

   (2) Any person who hinders or obstructs any person such as is referred to in this bye-law in the exercise of the powers conferred on him by this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

 

23.   Closure of licensed premises

   (1) Where any serious breach of the peace takes place or there are reasonable grounds to suppose that a serious breach of the peace is imminent in any place in or near which licensed premises are situated, a Senior District Officer, District Officer or the principal police officer stationed within the township may order the licensee of those premises or, in his absence, any servant of the licensee immediately to close the premises to the public if they are then open, or to refrain from opening the premises to the public, if they are then closed, and thereafter the licensee shall ensure that the premises are kept closed to the public for such period as the person giving the order may require.

   (2) Where an order to close licensed premises is given under sub-bye-law (1), the licensee and his servant may use such force as is both necessary and reasonable to comply with the order and the person giving the order and any public officer (including a police officer) subordinate to him and acting under his direction may use such force as is both necessary and reasonable to ensure compliance with the order.

   (3) Where, in the opinion of a Government Medical Officer of Health, a danger to public health is likely to be caused by any licensed premises being open to the public, he may in writing order the licensee of those premises or, in his absence, any servant of the licensee immediately to close the premises to the public, if they are then open, or to refrain from opening the premises to the public, if they are then closed, and thereafter the licensee shall ensure that the premises are kept closed to the public for such period as the Government Medical Officer of Health may require.

   (4) Any licensee or his servant who fails immediately to take every reasonable step to close the licensed premises to the public on being ordered to do so under this bye-law or opens the licensed premises to the public having been ordered to refrain from doing so under this bye-law and any licensee who fails to ensure that the licensed premises are kept closed for the period required under this bye-law and any person who hinders, obstructs or delays compliance with an order under this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

 

24.   Imputed criminal liability of licensee and of licensee's servant

   (1) Where the servant of a licensee does or omits to do anything which would constitute an offence under these Bye-laws if the licensee had done or omitted to do that thing, the servant shall be deemed, for the purposes of these Bye-laws, to commit that offence.

   (2) Where the servant of a licensee commits or is deemed, by virtue of sub-bye-law (1), to commit an offence under these Bye-laws, the licensee shall be deemed, for the purposes of these Bye-laws, also to commit that offence unless he proves-

   (a)   that the servant acted without the licensee's knowledge, consent and connivance; and

   (b)   that the licensee has taken every reasonable step to prevent any commission, act or omission of the kind in question.

   (3) A licensee shall be deemed, for the purposes of sub-bye-law (2), not to have taken every reasonable step to prevent any commission, act or omission of the kind in question if the only step he has taken is to issue instructions forbidding such commission, act or omission by his servant.

   (4) Where a licensee is deemed, by virtue of sub-bye-law (2), to commit an offence under these Bye-laws, he and the servant in question may be prosecuted for that offence either separately or together.

 

25.   Revocation of licence on conviction of licensee

   (1) Where the council is satisfied that a licensee has been convicted of an offence under these Bye-laws, it may, notwithstanding bye-law 10, forthwith cancel the licensee's traditional beer licence and thereupon the Town Clerk shall serve notice in writing of the cancellation on the licensee.

   (2) Where a court convicts a licensee of an offence under these Bye-laws, it shall forthwith inform the council in writing of the conviction.

   (3) Where a traditional beer licence has been cancelled under this bye-law and the conviction in question is subsequently quashed, the council shall forthwith restore the licence unless it would otherwise have expired.

   (4) Any person who has been served with notice under this bye-law of the cancellation of his traditional beer licence and who fails forthwith to return the licence form to the Town Clerk shall be guilty of an offence and liable to a fine not exceeding P100 and, in the case of a continuing offence, to an additional fine not exceeding P5 for each day during which the offence continues:

   Provided that a person shall not be liable to be convicted under this sub-bye-law if he proves he was unable to return the licence form to the Town Clerk by reason of its having been lost or destroyed through no fault of his.

   (5) Where a traditional beer licence is cancelled under this bye-law, no fee paid in respect of the licence shall be refunded.

SCHEDULE
TRADITIONAL BEER LICENCE FEES

(bye-law 9)

   1. For the issue or renewal of a traditional beer licence authorizing the sale of traditional beer for consumption-

   (a)   on the premises, a fee of P50 shall be payable:

         Provided that, where the licence is to take effect on issue after 30th June in any year, a fee of P25 shall be payable;

   (b)   off the premises, a fee of P20 shall be payable:

         Provided that, where the licence is to take effect on issue after 30th June in any year, a fee of P10 shall be payable; or

   (c)   both on and off the premises, a fee of P70 shall be payable:

         Provided that, where the licence is to take effect on issue after 30th June in any year, a fee of P35 shall be payable.

   2. For the transfer of a traditional beer licence, a fee of P5 shall be payable.

   3. For the issue of a duplicate of a traditional beer licence, a fee of 50 thebe shall be payable.

SELEBI-PHIKWE TOWN COUNCIL (RETAIL SALES OF
TRADITIONAL BEER) BYE-LAWS

(under regulations 34 and 35*)

(17th September, 1971)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Beer to be sold on licensed premises

   4.   Consumption on licensed premises

   5.   Applications for licences and renewals

   6.   Grant and renewal of licences

   7.   Period and renewal of licences

   8.   Lapse on change of occupier

   9.   Duplicate licences

   10.   Breach of conditions

   11.   Revocation of licence

   12.   Fees

   13.   Appeal and review

   14.   Permitted hours

   15.   Sanitary conditions to be maintained

   16.   Restrictions on sale of traditional beer to young persons, etc.

   17.   Persons to sell on licensed premises

   18.   Drunkenness, etc. not permitted on licensed premises

   19.   Rights of licensee to refuse admission, etc.

   20.   Premises not to be a brothel, etc.

   21.   Structural alterations to licensed premises

   22.   Inspection of premises by police, etc.

   23.   Closing of licensed premises

   24.   Criminal responsibility of employer and employee

   25.   Display of licence and bye-laws

   26.   Penalties

 

      Schedule - Licence to Use Premises for the Retail Sale of Traditional Beer

 

S.I. 108, 1971,
S.I. 37, 1973.

 

1.   Citation

   These Bye-laws may be cited as the Selebi-Phikwe Town Council (Retail Sales of Traditional Beer) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "council" means the Selebi-Phikwe Town Council;

   "licensed" means licensed in terms of these Bye-laws;

   "licensee" means the occupier of licensed premises;

   "lolwapa" means a customary residential precinct;

   "township" means the area of jurisdiction of Selebi-Phikwe Town Council;

   "traditional beer" means-

   (a)   beer brewed from sorghum-meal or a mixture of sorghum-meal and mealie-meal by the fermentation of malted sorghum, but excluding the liquors commonly known as "ila", "kabidikama" or "banyana", or any beer brewed as described to which sugar, honey or syrup has been added or which is mixed with or fortified or adulterated by any other liquor or substance, or any other of the liquors commonly known as "khadi"; or

   (b)   any other liquor which the Minister may by order published in the Gazette, declare to be traditional beer for the purposes of the Liquor Act.

 

3.   Beer to be sold on licensed premises

   (1) No person shall sell or buy any traditional beer by retail within the township except in a beerhall conducted by the council, or on premises licensed in terms of these Bye-laws:

   Provided that within the boundaries of a lolwapa traditional beer may be sold by and bought from any person engaging, for the purpose of subsistence or the maintenance and education of children, in the sale of traditional beer.

   (2) A licence shall be in the form set out in the Schedule hereto.

 

4.   Consumption on licensed premises

   No person shall consume traditional beer, or permit traditional beer to be consumed, on licensed premises unless such premises are licensed for the sale of traditional beer for consumption on the premises.

 

5.   Applications for licences and renewals

   (1) An application for the licensing of premises for the sale of traditional beer by retail shall be made by the occupier of such premises to the council and shall specify whether the applicant seeks a licence for-

   (a)   sale for consumption on the licensed premises;

   (b)   sale for consumption off the licensed premises; or

   (c)   sale for consumption both on and off the licensed premises.

   (2) An application for the renewal of a licence of premises for the sale of traditional beer by retail shall be made to the council by the occupier of such premises.

   (3) No application shall be made unless the applicant has given not less than 21 days' notice of his intention to apply in a newspaper circulating in the township and in writing to the principal police officer of the township and the Medical Officer of Health.

 

6.   Grant and renewal of licences

   (1) Subject as herein, the council on consideration of an application made in terms of the last preceding bye-law shall grant such application in respect of a type of sale covered thereby, and may attach such conditions to the issue or renewal of a licence as it may determine, which shall be endorsed on the licence at the time of its issue or renewal.

   (2) Subject as herein, an application for the grant or renewal of a licence in respect of sale both for consumption on the premises and for consumption off the premises may be granted in respect of either or both.

   (3) The council shall refuse to grant or renew a licence unless, after giving the applicant an opportunity of being heard, it is satisfied-

   (a)   that the applicant (or in the case of an applicant company the person responsible for its management and the management of the premises) is of good character and repute and otherwise fit and proper to carry on the sale of traditional beer by retail;

   (b)   that having regard to their situation, construction, state of repair, accommodation and equipment, the premises are suitable for the type of sale for which the licence is sought;

   (c)   that the premises are not used or proposed to be used for purposes which are in any way improper or undesirable in relation to their use for the sale of traditional beer; and

   (d)   that the applicant has complied with these Bye-laws with respect to applications for licences.

   (4) The council may refuse to grant a licence if it is of the opinion that sufficient licences under these Bye-laws have been issued in respect of the year for which the application is made.

   (5) Premises may be licensed for the sale of traditional beer for consumption on the premises only if they are used exclusively for the sale of such traditional beer, non-alcoholic liquids and tobacco and of foodstuffs served for consumption on the premises.

   (6) No person shall sell goods other than those provided for in sub-bye-law (5) on premises licensed for the sale of traditional beer for consumption on the premises.

   (7) The council may approve an application in principle but withhold the granting of a licence or renewal until it is satisfied from an inspection of the premises or otherwise that any condition affecting the structure or equipment of the premises which it is proposed to attach, or which has been attached, to the licence has been fulfilled.

   (8) There shall be charged on every licence granted under these Bye-laws and on the renewal of every such licence-

   (a)   in the case of a licence for sale for consumption on the premises, a fee of P50, or, if the licence is granted after 30th June in any year, a fee of P25 for such grant;

   (b)   in the case of a licence for sale for consumption off the premises, a fee of P20, or, if the licence is granted after 30th June in any year, a fee of P10 for such grant;

   (c)   in the case of a licence for both the said purposes, a fee of P70, or, if the licence is granted after 30th June in any year, a fee of P35 for such grant.

 

7.   Period and renewal of licences

   Subject to bye-laws 8 and 11, a licence shall remain in force until 31st December following the date upon which it takes effect and be capable of being renewed on application made before its expiration.

 

8.   Lapse on change of occupier

   (1) If any change of occupier of any licensed premises occurs, the licence shall thereupon lapse:

   Provided that in the event of the death of a licensee the council shall, if the right to occupy the premises vests in the estate of the deceased, endorse the licence, on application by the representative of the estate, with his name, but unless so endorsed a licence shall lapse at the expiration of one month after the death of the licensee.

   (2) There shall be charged on every such endorsement a fee of P5.

 

9.   Duplicate licences

   The council, if satisfied that a licence has been lost or destroyed, shall on payment of a fee of 50 thebe authorise the issue of a duplicate to the licensee.

 

10.   Breach of conditions

   No licensee shall contravene any condition attached to the licence granted in respect of the premises occupied by him.

 

11.   Revocation of licence

   Upon the conviction of any licensee of any offence under these Bye-laws the council may revoke his licence.

 

12.   Fees

   All fees collected in terms of these Bye-laws shall be paid into the General Fund of the council.

 

13.   Appeal and review

   (1) Any person aggrieved by any decision of the council under these Bye-Laws may within 30 days thereof give notice of appeal therefrom in writing to the council, and in such notice shall set forth his grounds of appeal.

   (2) On receiving any notice of appeal under the preceding sub-bye-law, the council shall refer the appeal to the Minister who shall have power to confirm or vary the decision.

 

14.   Permitted hours

   (1) Subject to sub-bye-law (4) on premises licensed for the sale of traditional beer for consumption on the premises no traditional beer shall be consumed except between 8 a.m. and 10.30 p.m.:

   Provided that on licensed premises to which the Shop and Restaurants Hours Act applies and which are licensed for consumption off the premises, traditional beer may be sold for consumption off the licensed premises only during such hours as may be applicable under that Act.

   (3) No licensed premises shall be open to the public except during the hours when traditional beer may be sold thereon.

   (4) On Good Friday no licensed premises shall be open.

 

15.   Sanitary conditions to be maintained

   Every licensee shall-

   (a)   maintain the licensed premises at all times in a clean and sanitary condition and in good repair;

   (b)   keep all utensils, vessels, containers, linen, towels, cloth, furnishings and other articles used in the conduct of his business in a clean and sanitary condition and in good repair;

   (c)   sell or cause to be sold no drink which is not sound and wholesome;

   (d)   provide and maintain suitable means for protecting all foodstuffs and drinks on the premises from contamination by dust, dirt, flies and other causes of contamination; and

   (e)   provide latrines for the staff of the licensed premises and in addition, in the case of premises licensed for the sale of traditional beer for consumption on the premises, adequate separate latrines for male and female customers.

 

16.   Restrictions on sale of traditional beer to young persons, etc.

   (1) No licensee shall sell or supply traditional beer to any person whom he knows or has reason to believe is under 18 years old.

   (2) A person under 18 years old shall not consume or buy or attempt to buy traditional beer on licensed premises.

   (3) No licensee shall sell to or permit any traditional beer to be consumed on the licensed premises by a person whom he knows or has reason to believe is under 18 years old.

   (4) No person shall buy or attempt to buy traditional beer on licensed premises for consumption on those premises by a person whom he knows or has reason to believe is under 18 years old.

   (5) No licensee shall employ on licensed premises any person whom he knows or has reason to believe to be under 18 years old, nor, except in such circumstances as the council may specify in the licence, shall he allow any such person to enter the licensed premises.

 

17.   Persons to sell on licensed premises

   No person shall sell, and no licensee shall permit any person to sell traditional beer by retail on licensed premises unless such person is an employee of the licensee of those premises or is himself licensed in respect thereof.

 

18.   Drunkenness, etc., not permitted on licensed premises

   (1) No licensee shall permit drunkenness, violent or riotous conduct to take place on the licensed premises.

   (2) No licensee shall sell traditional beer to, or for consumption on the licensed premises by, any person who appears to be drunk or who is violent or riotous.

 

19.   Rights of licensee to refuse admission, etc.

   (1) Without prejudice to any other rights to refuse a person admission to any premises or to expel a person from premises, a licensee or his manager, agent or servant, may refuse to admit to, or may expel from, the licensed premises any person who is drunk, violent or disorderly, or whose presence on his premises would subject the licensee to a penalty under these Bye-laws or any other written law.

   (2) If a person liable to be expelled from licensed premises under these Bye-laws is requested by the licensee, his manager, agent or servant, or by any member of the Botswana Police Force, to leave the premises, that person shall leave the licensed premises forthwith.

 

20.   Premises not to be a brothel, etc.

   No licensee shall permit the licensed premises to be a brothel or to be an habitual resort or place of meeting of reputed prostitutes.

 

21.   Structural alterations to licensed premises

   No structural alteration or addition to any licensed premises and no material alteration in the internal arrangement of such premises shall be made except with the written approval of the council.

 

22.   Inspection of premises by police, etc.

   (1) Any member of the Botswana Police Force and any person duly authorized in writing for the purpose by the council or the Medical Officer of Health may at any time enter and inspect any licensed premises for the purpose of detecting an offence or of observing the state of repair and sanitary condition of such premises or of ensuring that a licensee is complying with any conditions of his licence.

   (2) No licensee shall refuse or fail to admit any person referred to in sub-bye-law (1) to such premises.

 

23.   Closing of licensed premises

   (1) If any serious breach of the peace occurs or is expected to occur, any District Officer or Senior District Officer or member of the Botswana Police Force of or above the rank of Superintendent may order any licensed premises in or near the place concerned to be closed for such period as he may think fit and any person carrying out such order may use such force as may be reasonably necessary to close such premises.

   (2) Where in the opinion of the Minister a danger to public health would be likely to be created thereon, the Minister may order any licensed premises to be closed for such period as he may think fit.

   (3) No person shall resist or obstruct an order given under this bye-law.

 

24.   Criminal responsibility of employer and employee

   (1) Whenever the manager, agent or servant of a licensee does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of these Bye-laws, then except in the circumstances set out in sub-bye-law (2) that licensee shall be deemed to have contravened the Bye-laws.

   (2) Sub-bye-law (1) shall not apply where-

   (a)   in doing or omitting to do that thing, the manager, agent or servant was acting without the licensee's knowledge, consent or connivance; and

   (b)   all reasonable steps were taken by the licensee to prevent any act or omission of the kind in question:

   Provided that the fact that the licensee issued instructions forbidding any act or omission of the kind in question shall not, in itself, be accepted as sufficient proof that he took all reasonable steps to prevent the act or omission.

   (3) A manager, agent or servant of a licensee who does or omits to do anything which if done or omitted to be done by the licensee would be in contravention of these Bye-laws shall be deemed himself to have contravened these Bye-laws.

 

25.   Display of licence and bye-laws

   Every licensee shall display in a conspicuous place inside the premises a copy of his licence and of these Bye-laws.

 

26.   Penalties

   (1) Any person who contravenes bye-law 3, 6(6), 18(1) or 20 shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding six months, or to both.

   (2) Any person who contravenes bye-law 4, 14, 15, 16, 17, 18(2), 22(2) or 23(3) shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both.

   (3) Any licensee who contravenes bye-law 10 shall be guilty of an offence and liable to a fine not exceeding P100 and in the case of a continuing offence to an additional fine not exceeding P10 for every day during which the offence continues:

   Provided that the court, if it thinks fit, may fix a reasonable period from the date of conviction for compliance with the condition in question; and where the court has fixed such a period the daily penalty shall not be recoverable in respect of any day before the expiration thereof.

   (4) Any person who contravenes bye-law 19(2) shall be guilty of an offence and liable to a fine not exceeding P20.

   (5) A licensee of any premises which are altered contrary to bye-law 21, or a licensee who contravenes bye-law 25, shall be guilty of an offence and liable to a fine not exceeding P20, and, in the case of a continuing offence, to a further fine not exceeding P10 for every day during which the offence continues.

SCHEDULE
LICENCE TO USE PREMISES FOR THE RETAIL SALE OF
TRADITIONAL BEER

SELEBI-PHIKWE TOWN COUNCIL

(Name) .......................................................................... is hereby licensed, in accordance with the Selebi-Phikwe Town Council (Retail Sales of Traditional Beer) Bye-laws, to use the premises specified below until 31st December, 20........, for sale by retail of traditional beer for consumption on the premises * /for consumption off the premises * .

   This licence is subject to the following conditions-

..................................................................................................................................

.................................................................................................................................. 

Premises ...........................................

Date of issue ......................................

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GABORONE CITY COUNCIL (ABATTOIR) BYE-LAWS

(under regulations 34 and 35*)

(30th July, 1971)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Tariff of charges

   4.   Hours of entry

   5.   Delivery of animals

   6.   Penning, care, feeding and treatment of animals

   7.   Diseased animals

   8.   Unpenning restricted

   9.   Condemnation of carcasses of certain animals

   10.   Slaughtering

   11.   Authority of manager

   12.   Cleanliness and hygiene

   13.   Restrictions on slaughter

   14.   Place for slaughter, etc.

   15.   Manner of slaughtering

   16.   Time for flaying and dressing

   17.   Carcasses to be marked after slaughter

   18.   Deceptive dressing

   19.   Soiled meat to be condemned

   20.   Examination of animals, carcasses, etc.

   21.   Diseased or injured animals

   22.   Marking of healthy carcasses, etc.

   23.   Removal of meat, etc., from abattoir restricted

   24.   Introduction of meat into city restricted

   25.   Condemnation of meat

   26.   Appropriation of meat, etc.

   27.   Human diseases or injuries

   28.   Disposal of animals of unclaimed or disputed ownership

   29.   Exclusion of dogs, cats, birds, etc.

   30.   Placing of vehicles

   31.   Exclusion of children

   32.   Spitting, smoking, etc. prohibited

   33.   Exclusion of intoxicating liquor, etc.

   34.   Restriction on removal of animals or carcasses

   35.   Offences and penalties

 

S.I. 88, 1971,
S.I. 43, 1978,
S.I. 42, 1986,
S.I. 58, 1997.

 

1.   Citation

   These Bye-laws may be cited as the Gaborone City Council (Abattoir) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "abattoir" means the municipal abattoir, and includes the area set aside by the council for such purpose and demarcated as such, together with any building, space, pen, enclosure and lairage therein;

   "animals" means any bull, ox, cow, heifer, steer, calf, sheep, lamb, goat, kid, pig or other quadruped used for human consumption;

   "authorized veterinary surgeon" means a veterinary surgeon approved by the Director of Veterinary Services;

   "council" means the Gaborone City Council;

   "meat" means the flesh and bone of any slaughtered animal whether in its natural state or subjected to any freezing, chilling or other preservative process, and also includes sausages, polonies, chopped or minced meat or any other meat similarly prepared;

   "meat inspector" means any person appointed by the council after consultation with the Director of Veterinary Services for the purposes of examining any slaughtered animal intended for human consumption;

   "Medical Officer" means a medical practitioner appointed by the Director of Medical Services to act as medical officer in respect of Gaborone;

   "offal" means the stomach, intestines and other internal organs of any slaughtered animal not being red offal;

   "red offal" means the head, horns, feet, tail, heart, lungs, liver, kidneys spleen of any slaughtered animal;

   "slaughterman" means a person appointed as such by the council.

 

3.   Tariff of charges

   (1) The following fees shall be paid to the council for services rendered or facilities provided at the abattoir-

   (a)   use of abattoir for slaughtering including lairage and water, inspection and stamping of meat, shall be as follows-

  p t
Bull, ox, cow, heifer, steer or calf 40,00
Sheep, lamb, goat or kid 10,00
Pig 20,00

   (b)   charges per day for use of freezer-

  p t
Bull, ox, cow, heifer, steer, or calf 2,50
sheep, lamb, goat or kid 0,50
Pig 1,00

   (2) The council shall not be responsible for the safe custody or feeding of any animal placed in the abattoir lairages or for the safe keeping or preservation of any meat left in the abattoir after slaughter, and all contracts for the use of the abattoir or facilities thereat, whether in writing or not, shall be deemed to be entered into on that basis unless specific provision to the contrary is made therein.

 

4.   Hours of entry

   (1) The abattoir shall be open for the receiving and slaughtering of animals during the following hours:

   (a)   Receiving:

      Between 3 p.m. and 8 p.m. except on Fridays, Saturdays and days prior to public holidays;

   (a)   Slaughtering:

      Between 6 a.m. and 12 noon except on Saturdays, Sundays and public holidays.

   (2) Meat may be removed from the abattoir between the hours of 10 a.m. and 3 p.m. except on Saturdays, Sundays and public holidays.

   (3) No person shall without first obtaining permission from the manager enter the abattoir premises or any part thereof before the prescribed hours of opening or remain on such premises after the prescribed closing hour or after being requested by the manager to leave.

   (4) Without the permission of the manager no person shall enter the abattoir premises or any part thereof unless on lawful business connected therewith.

 

5.   Delivery of animals

   (1) Every person who delivers any animals to the abattoir shall, on entering, hand to the manager or other duly authorized official a correct written statement of the number and description of the animals and of the name of the owner thereof and shall, if so requested by such official, furnish such further information as may be reasonably required to facilitate identification.

   (2) The owner or person in charge of any animal so delivered shall have it marked with a distinguishing mark approved by the manager so that it can be easily and quickly identified.

   (3) The same identification mark shall always be used by or on behalf of each owner, and such mark shall be registered in a register provided for the purpose.

   (4) The owner, or person in charge of, any bull or other dangerous animal shall, when bringing such animal to the abattoir, either have it conveyed in a suitable vehicle in which it shall be securely bound and tied up or led by means of a chain or rope of sufficient strength.

 

6.   Penning, care, feeding and treatment of animals

   (1) The owner or person in charge of any animals brought into the abattoir, except draught animals, shall pen them as and where provided by the manager.

   (2) Every owner or person in charge of any animal within the abattoir shall ensure that such animal is properly cared for and is provided with sufficient suitable food and water:

   Provided that no person shall overfeed or give salt to any animal while in the abattoir.

   (3) If the manager discovers that any animal within the abattoir has been without food and water for a period exceeding 48 hours, or if he is requested to do so by the owner or person in charge of any animal within the abattoir, he may cause such animal to be fed and watered and the council may recover the cost thereof from the owner or person in charge.

   (4) Any animal in the abattoir, whether awaiting slaughter or in the process of slaughter, shall be treated with the utmost care and shall not be subjected to any cruel or unnecessary suffering.

   (5) The manager may, in his discretion, take summary measures to prevent any unnecessary suffering of or cruelty to animals.

 

7.   Diseased animals

   (1) No person shall knowingly bring, or cause or permit to be brought, into the abattoir any animal suffering from any infectious or contagious disease unless with the special permission of an authorized veterinary surgeon.

   (2) No person found guilty of contravening this bye-law shall, by virtue of having paid the penalty prescribed for such contravention, be absolved from any liability to make good to the council any expenses incurred in cleaning and disinfecting the abattoir premises and for any losses occasioned by his action.

   (3) The manager may refuse to admit into the abattoir any animal suffering from any infectious or contagious disease and, if he has reasonable grounds for suspecting that any animal already admitted or for which admission is sought is suffering from any such disease, he may require or cause such animal to be examined by an authorized veterinary surgeon.

   (4) The manager may, after obtaining the opinion of an authorized veterinary surgeon, cause or order that any animal which is found to be diseased, or which has been in contact with an infected or suspected animal, be slaughtered at a place set apart for the slaughtering of diseased animals.

   (5) If after slaughter the carcass is found to be fit for human consumption, the carcass shall be returned to the owner or person in charge thereof but, if it is found to be diseased and unfit for human consumption, it shall be seized and condemned.

 

8.   Unpenning restricted

   No person shall without the permission of the manager or any authorized official unpen any animal, unless for the purpose of removing it to the waiting pen or slaughter chamber.

 

9.   Condemnation of carcasses of certain animals

   (1) The carcass of any animal dying within the abattoir otherwise than by slaughter, or arriving dead at the abattoir, or of animals less than 14 days old, shall be condemned, seized and destroyed, as unfit for human consumption.

   (2) Skins of animals condemned under this bye-law may be released to the owner at the discretion of an authorized veterinary surgeon.

 

10.   Slaughtering

   (1) No person shall slaughter or cause to be slaughtered at the abattoir any animal without the prior consent of the manager.

   (2) No person shall without the written consent of an authorized veterinary surgeon, the Medical Officer or the manager slaughter any animal intended for human consumption at any place within the council's area of jurisdiction other than the abattoir.

   (3) Slaughtering in accordance with a written consent referred to in sub-bye-law (2) shall take place only at such hours and in such manner as are prescribed in these Bye-laws.

   (4) An authorized veterinary surgeon may, if he deems fit, authorize in writing the slaughter of any animal or animals at any place outside the abattoir in cases where, on account of religious requirements or of injuries received by any animal or for any other cause, it is considered impracticable, inadvisable or undesirable to have the animal removed to the abattoir.

   (5) In every such case the owner of the animal or other person or persons responsible shall comply with any conditions imposed by the authorized veterinary surgeon and shall also conform with the requirements of these Bye-laws.

 

11.   Authority of manager

   (1) Every person employed at, or making use of any facilities provided in, the abattoir shall comply with all lawful instructions given by the manager, and any person failing to comply with such instructions may, in addition to being liable to prosecution for a contravention of this bye-law, be required by the manager to leave the abattoir premises forthwith.

   (2) No person shall interfere with or obstruct the manager or any of his staff or cause any disturbance within the abattoir, and any person who interferes or obstructs or causes any disturbance may, in addition to being liable to prosecution for a contravention of this bye-law, be removed from the premises.

 

12.   Cleanliness and hygiene

   (1) Every person engaged on any duties at the abattoir or making use of any facilities therein shall observe strict cleanliness in his person and attire and shall at all times wear a clean butchering coat or overall of a design approved by the Medical Officer and made of a washable material.

   (2) Every slaughterman shall keep a special suit of clothes made of washable material and shall wear such suit while engaged in slaughtering any animal or dressing any carcass and for no other purpose, and shall wash such suit daily to ensure its cleanliness.

   (3) No person shall hang up or deposit or cause or permit to be hung up or deposited any article of wearing apparel in any room or enclosure in which meat is slaughtered, dressed or prepared for use as food for human consumption.

 

13.   Restrictions on slaughter

   (1) No bull, bullock, cow, heifer, steer, pig, sheep, lamb or goat shall be slaughtered on the day it enters the abattoir:

   Provided that the owner or person in charge of any animal which, on arrival at the abattoir, is found to be suffering from any serious injury shall cause such animal to be slaughtered as soon as possible after arrival after having notified the manager and obtained his consent.

   (2) No person shall slaughter for human consumption any calf, lamb, kid, pig or other animal unless it is at least 14 days old, is fully developed and is in a well nourished condition.

   (3) No person shall, without the consent of the manager, slaughter or cause to be slaughtered any animal which appears to be pregnant or which is on the point of giving birth.

 

14.   Place for slaughter, etc.

   No person shall slaughter or dress any animal in any part of the abattoir premises except in the place specially appointed and set apart for such purpose.

 

15.   Manner of slaughtering

   (1) Every person engaged in the slaughtering of animals shall, before proceeding to slaughter, cause the head of the animal to be securely held or fastened to ensure that such animal is slaughtered as quickly and with as little pain as possible.

   (2) No person shall slaughter or permit or suffer to be slaughtered in the abattoir any animal, the flesh of which is intended to be used as human food, except by shooting with a humane killer:

   Provided that the requirement of this sub-bye-law shall not be enforced in the case of animals slaughtered for the use of Mohammedans or Jews.

   (3) Slaughtering under Jewish or Mohammedan rites shall be executed and superintended by members of the Jewish or Mohammedan faith respectively, approved by the manager; and every such person shall in every respect comply with the requirements of the manager under these Bye-laws:

   Provided that nothing in these Bye-laws shall interfere with the ceremonies or killing under Jewish or Mohammedan rites, but all unnecessary cruelty shall be avoided.

   (4) Every person shall in the process of slaughtering any animal use only such instruments, appliances and methods as may be approved by the manager with the object of ensuring the infliction of as little pain or suffering as practicable.

 

16.   Time for flaying and dressing

   No person shall commence to flay or dress any slaughtered animal unless the flow of blood has ceased and all signs of life are extinct and thereafter, however, the flaying or dressing shall be completed without delay.

 

17.   Carcasses to be marked after slaughter

   As soon as possible after an animal has been slaughtered and flayed, the slaughterman shall clearly brand or mark the carcass with the registered mark of the owner of the animal.

 

18.   Deceptive dressing

   No person shall inflate, stuff or dress any carcass or any portion thereof with the object of giving it a deceptive appearance.

 

19.   Soiled meat to be condemned

   All meat, fat and red offal which becomes soiled by the contents of the alimentary tract shall be condemned as unfit for human consumption:

   Provided that if, in the opinion of an authorized veterinary surgeon or any meat inspector, the above-mentioned soiling may be removed by cutting away the soiled portions, the said surgeon or inspector may authorize this to be done and any meat, fat or red offal so treated shall if not otherwise unfit, be deemed to be fit for human consumption.

 

20.   Examination of animals, carcasses, etc.

   (1) No person shall remove from the immediate vicinity of the carcass of any animal slaughtered at the abattoir any portion of the hide, flesh, bone, fat or feet or of the internal organs or entrails until they have been duly examined and dealt with by a meat inspector.

   (2) Immediately after an animal has been slaughtered and dressed, it shall be examined and stamped as hereinafter provided and the slaughterman and his assistants shall then remove the stamped carcass and deposit it in the part of the abattoir set aside for such purpose:

   Provided that no person shall deposit any carcass or portion thereof in such part of the abattoir unless it has been stamped.

   (3) An authorized veterinary surgeon or any meat inspector may inspect and examine any animal brought into the abattoir premises for slaughter for human consumption for the purpose of ascertaining whether it is diseased, unsound or in any way unfit for human consumption.

   (4) A meat inspector shall examine, handle and cut into the carcass, offal and red offal of every animal which has been slaughtered at the abattoir, immediately after it has been dressed, for the purpose of ascertaining whether it is diseased, unsound, unwholesome or in any way unfit for human consumption.

   (5) In no case shall any examination of carcass, meat, offal or red offal be made except by daylight.

   (6) Any animal found to be diseased, unsound or in any way unfit for human consumption upon inspection or examination under sub-bye-law (3) shall be dealt with in accordance with bye-law 7(4).

   (7) The carcass of every animal condemned under bye-law 7(4) and any part of the carcass, offal or red offal of a slaughtered animal which has been found under sub-bye-law (4) to be diseased, unsound, unwholesome or in any way unfit for human consumption shall be destroyed at the abattoir by the manager or under his direction.

 

21.   Diseased or injured animals

   No person shall cut away, remove or otherwise attempt to conceal any diseased or injured part of any slaughtered animal, whether slaughtered at the abattoir or not, unless he has obtained the permission of a meat inspector to do so.

 

22.   Marking of healthy carcasses, etc.

   (1) The meat inspector shall brand or stamp with the official mark of the council in such places and in such ways as he may deem advisable or necessary all carcasses, meat, offal and red offal submitted for examination and passed as healthy, sound, wholesome and fit for human consumption.

   (2) No person, other than an official duly authorized thereto, shall stamp or brand or mark or attach to or impress on any meat, offal or red offal any official brand or mark or any similar marking; and no person shall attach to or impress on any meat or offal any forged brand or mark or any brand or mark intended or liable to deceive the public or induce the belief that such meat or offal has been inspected and approved under these Bye-laws or slaughtered at the abattoir.

 

23.   Removal of meat, etc., from abattoir restricted

   (1) No person shall, without the permission of the manager, remove or cause to be removed from the abattoir any meat, offal or red offal unless it has been examined, approved and stamped in accordance with these Bye-laws.

   (2) No person shall remove from the abattoir, without the express permission of the manager, any fat or offal unless it has been washed and cleaned to the satisfaction of a meat inspector.

 

24.   Introduction of meat into city restricted

   No person shall introduce into the city for sale any carcass or any butchers' meat of animals (other than game) slaughtered outside the city unless such animals have been slaughtered at an abattoir approved by the council.

 

25.   Condemnation of meat

   (1) An authorized veterinary surgeon or a meat inspector shall seize and condemn any carcass, meat, fat, offal or red offal which, as a result of examination is found to be diseased, unsound, unwholesome or unfit for human consumption.

   (2) Any carcass, meat, fat, offal or red offal seized and condemned shall, upon a certificate by an authorized veterinary surgeon, be destroyed or alternatively, it may, at the owner's risk, be treated in such manner as the authorized veterinary surgeon may decide to render it fit for human consumption.

   (3) Nothing contained in these Bye-laws shall preclude any person mentioned in sub-bye-law (1) from taking action in terms of this bye-law in respect of any meat, offal or red offal which, although marked or branded as approved under these Bye-laws, is subsequently found to be diseased, unsound, unwholesome or otherwise unfit for human consumption.

   (4) No compensation shall be paid for any meat, carcass or animal which has been condemned, seized and destroyed.

 

26.   Appropriation of meat, etc.

   (1) All meat (except such carcasses as may be held in the freezer unit) which is not removed from the abattoir premises before closing time on the day on which the animal from which it was taken was slaughtered, may be taken possession of by the manager and destroyed or treated on behalf of the council and sold to defray expenses.

   (2) All blood, manure, refuse, condemned carcasses or portions of condemned carcasses shall become the property of the council.

 

27.   Human diseases or injuries

   (1) No person knowingly suffering from any notifiable infectious or contagious disease or who has within 12 hours previously been knowingly exposed to infection from any such disease shall engage in the slaughter of animals, dressing of carcasses or handling or conveyance of meat intended for human consumption, nor shall any employer permit any person in his employment who is so suffering or who has been so exposed to infection to be so engaged unless he has obtained the prior written permission of the Medical Officer.

   (2) The Medical Officer shall have the power to examine (which may include examination of the blood) any person engaged in the slaughtering of animals, the dressing of carcasses or handling or conveyance of meat whenever he deems it necessary to do so for the purpose of ascertaining whether such person is suffering from any disease or condition liable to contaminate the meat, as a result of which serious consequences to the health of others may occur, and may prohibit any such person found to be so suffering from being so engaged until he has been again examined and certified by a medical practitioner to be free from such disease or condition.

   (3) Any person engaged in work within the abattoir having any cuts, grazes or abrasions shall have such injuries covered by a clean, waterproof dressing.

 

28.   Disposal of animals of unclaimed or disputed ownership

   (1) The manager may slaughter or cause to be slaughtered any animal in the abattoir which may be unclaimed or as to the ownership of which there is a dispute, and shall, in the case of any such slaughter, dispose of the carcass thereof on behalf of the council.

   (2) On ascertaining the rightful owner, the council shall pay to him the proceeds of such sale less the amount of any and all expenses and charges incurred in respect of such animal.

 

29.   Exclusion of dogs, cats, birds, etc.

   No person shall bring on to the abattoir premises, or permit to enter or remain thereon, any dog, cat or other animal or any birds which feed on offal, and the manager may remove or cause to be removed from the abattoir any such animal or bird found thereon.

 

30.   Placing of vehicles

   All vans, lorries, wagons, carts and other vehicles brought into the abattoir shall stand in such places as the manager shall appoint.

 

31.   Exclusion of children

   No child under the age of 14 years shall at any time be admitted to any part of the abattoir where slaughtering or dressing is taking place, except with the prior permission of the manager and accompanied by an adult.

 

32.   Spitting, smoking, etc., prohibited

   No person shall expectorate, smoke tobacco or commit any nuisance in any part of the abattoir premises where animals are slaughtered, inspected or kept.

 

33.   Exclusion of intoxicating liquor, etc.

   No person shall bring, or cause, or permit to be brought any malt liquor, traditional beer, whether manufactured or home brewed, or any intoxicating liquor of any kind on to any part of the abattoir premises and no intoxicated person shall enter or remain or be permitted to enter or remain on such premises.

 

34.   Restriction on removal of animals or carcasses

   No person shall remove from the abattoir any animal, alive or dead, or the carcass of any animal or any meat, offal or red offal or any other thing pertaining to any animal without the prior permission of the manager.

 

35.   Offences and penalties

   Any person who contravenes any of these Bye-laws or any direction or prohibition duly given in terms thereof shall be guilty of an offence and liable on first conviction to a fine not exceeding P50 and on any subsequent conviction to a fine not exceeding P100.

FRANCISTOWN TOWN COUNCIL (ABATTOIR) BYE-LAWS

(regs 34 and 35*)

(26th May, 1972)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Tariff of charges

   4.   Hours of entry

   5.   Delivery of animals

   6.   Penning, care, feeding and treatment of animals

   7.   Diseased animals

   8.   Unpenning restricted

   9.   Condemnation of carcasses of certain animals

   10.   Slaughtering

   11.   Authority of manager

   12.   Cleanliness and hygiene

   13.   Restrictions on slaughter

   14.   Place for slaughter, etc.

   15.   Manner of slaughtering

   16.   Time for flaying and dressing

   17.   Carcasses to be marked after slaughter

   18.   Deceptive dressing

   19.   Soiled meat to be condemned

   20.   Examination of animals, carcasses, etc.

   21.   Diseased or injured animals

   22.   Marking of healthy carcasses, etc.

   23.   Removal of meat, etc. from abattoir restricted

   24.   Introduction of meat into township restricted

   25.   Condemnation of meat

   26.   Appropriation of meat, etc.

   27.   Human diseases or injuries

   28.   Disposal of animals of unclaimed or disputed ownership

   29.   Exclusion of dogs, cats, birds, etc.

   30.   Placing of vehicles

   31.   Exclusion of children

   32.   Spitting, smoking, etc., prohibited

   33.   Exclusion of intoxicating liquor, etc.

   34.   Restriction on removal of animals or carcasses

   35.   Offences and penalties

 

S.I. 47, 1972,
S.I. 42, 1978,
S.I. 40, 1986,
S.I. 54, 2010.

 

1.   Citation

   These Bye-laws may be cited as the Francistown Town Council (Abattoir) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "abattoir" means the municipal abattoir, and includes the area set aside by the council for such purpose and demarcated as such, together with any building, space, pen, enclosure and lairage therein;

   "animal" means and bull, ox, cow, heifer, steer, calf, sheep, lamb, goat, kid, pig or other quadruped used for human consumption;

   "authorized veterinary surgeon" means a veterinary surgeon approved by the Director of Veterinary Services;

   "council" means the Francistown Town Council;

   "manager" means the person appointed by the council to perform the functions of manager of the abattoir or any person appointed by the council to act in his stead;

   "meat" means the flesh and bone of any slaughtered animal whether in its natural state or subjected to any freezing, chilling or other preservative process, and also includes sausages, polonies, chopped or minced meat or any other meat similarly prepared;

   "meat inspector" means any person appointed by the council after consultation with the Director of Veterinary Services for the purposes of examining any slaughtered animal intended for human consumption;

   "Medical Officer" means a medical practitioner appointed by the Director of Medical Services to act as medical officer in respect of Francistown;

   "offal" means the stomach, intestines and other internal organs of any slaughtered animal not being red offal;

   "red offal" means the head, horns, feet, tail, heart, lungs, liver, kidneys and spleen of any slaughtered animal;

   "slaughterman" means a person appointed as such by the council.

 

3.   Tariff of charges

   (1) The following fees shall be paid to the council for services rendered or facilities provided at the abattoir-

 

   (a)   use of abattoir for slaughtering, lairage water, inspection and stamping of meat shall be as follows- 

P

      bull, ox, cow, heifer, steer or calf10000 

      sheep, lamb, goat or kid5000 

      pig7500 

   (b)   charges for use of the freezer per day- 

      bull, ox, cow, heifer, steer or calfP1000 

      sheep, lamb, goat or kidP300 

      pigP500

   (2) The council shall not be responsible for the safe custody or feeding of any animal placed in the abattoir lairages or for the safe keeping or preservation of any meat left in the abattoir after slaughter, and all contracts for the use of the abattoir or facilities thereat, whether in writing or not, shall be deemed to be entered into on that basis unless specific provision to the contrary is made therein.

 

4.   Hours of entry

   (1) The abattoir shall be open for the receiving and slaughtering of animals during the following hours-

   (a)   Receiving:

      Between 12 noon and 5 p.m. except on Fridays, Saturdays and days prior to public holidays;

   (b)   Slaughtering:

      Between 6.30 a.m. and 12 noon except on Saturdays, Sundays and public holidays.

   (2) Meat may be removed from the abattoir between the hours of 8 a.m. and 2 p.m. except on Saturdays, Sundays and public holidays.

   (3) No person shall without first obtaining permission from the manager enter the abattoir premises or any part thereof before the prescribed hours of opening or remain on such premises after the prescribed closing hour or after being requested by the manager to leave.

   (4) Without the permission of the manager no person shall enter the abattoir premises or any part thereof unless on lawful business connected therewith.

 

5.   Delivery of animals

   (1) Every person who delivers any animals to the abattoir shall, on entering, hand to the manager or other duly authorized official a correct written statement of the number and description of the animals and of the name of the owner thereof and shall, if so requested by such official, furnish such further information as may be reasonably required to facilitate identification.

   (2) The owner or person in charge of any animal so delivered shall have it marked with a distinguishing mark approved by the manager so that it can be easily and quickly identified.

   (3) The same identification mark shall always be used by or on behalf of each owner, and such mark shall be registered in a register provided for the purpose.

   (4) The owner, or person in charge of, any bull or other dangerous animal shall, when bringing such animal to the abattoir, either have it conveyed in a suitable vehicle in which it shall be securely bound and tied up, or led by means of a chain or rope of sufficient strength.

 

6.   Penning care, feeding and treatment of animals

   (1) The owner or person in charge of any animals brought into the abattoir, except draught animals, shall pen them as and where provided by the manager.

   (2) Every owner or person in charge of any animal within the abattoir shall ensure that such animal is properly cared for and is provided with sufficient suitable food and water:

   Provided that no person shall overfeed or give salt to any animal while in the abattoir.

   (3) If the manager discovers that any animal within the abattoir has been without food and water for a period exceeding 48 hours, or if he is requested to do so by the owner or person in charge of any animal within the abattoir, he may cause such animal to be fed and watered and the council may recover the cost thereof from the owner or person in charge.

   (4) Any animal in the abattoir, whether awaiting slaughter or in the process of slaughter shall be treated with the utmost care, and shall not be subjected to any cruel or unnecessary suffering.

   (5) The manager may, in his discretion, take summary measures to prevent any unnecessary suffering of or cruelty to animals.

 

7.   Diseased animals

   (1) No person shall knowingly bring, or cause or permit to be brought, into the abattoir any animal suffering from any infectious or contagious disease unless with special permission of an authorized veterinary surgeon.

   (2) No person found guilty of contravening this bye-law shall, by virtue of having paid the penalty prescribed for such contravention, be absolved from any liability to make good to the council any expenses incurred in cleaning and disinfecting the abattoir premises and for any losses occasioned by his action.

   (3) The manager may refuse to admit into the abattoir any animal suffering from any infectious or contagious disease and, if he has reasonable grounds for suspecting that any animal already admitted or for which admission is sought is suffering from any such disease, he may require or cause such animal to be examined by an authorized veterinary surgeon.

   (4) The manager may, after obtaining the opinion of an authorized veterinary surgeon, cause or order any animal which is found to be diseased, or which has been in contact with an infected or suspected animal, to be slaughtered at a place set apart for the slaughtering of diseased animals.

   (5) If after slaughter the carcass is found to be fit for human consumption, the carcass shall be returned to the owner or person in charge thereof but, if it is found to be diseased and unfit for human consumption, it shall be seized and condemned.

 

8.   Unpenning restricted

   No person shall without the permission of the manager or any authorized official unpen any animal, unless for the purpose of removing it to the waiting pen or slaughter chamber.

 

9.   Condemnation of carcasses of certain animals

   (1) The carcass of any animal dying within the abattoir otherwise than by slaughter, or arriving dead at the abattoir, or of animals less than 14 days old, shall be condemned, seized and destroyed as unfit for human consumption.

   (2) Skins of animals condemned under this bye-law may be released to the owner at the discretion of an authorized veterinary surgeon.

 

10.   Slaughtering

   (1) No person shall slaughter or cause to be slaughtered at the abattoir any animal without the prior consent of the manager.

   (2) No person shall without the written consent of an authorized veterinary surgeon, the Medical Officer or the manager, slaughter any animal intended for human consumption at any place within the council's area of jurisdiction other than the abattoir.

   (3) Slaughtering in accordance with a written consent referred to in sub-bye-law (2) shall take place only at such hours and in such manner as are prescribed in these Bye-laws.

   (4) An authorized veterinary surgeon may, if he deems fit, authorize in writing the slaughter of any animal or animals at any place outside the abattoir in cases where, on account of religious requirements or injuries received by any animal or for any other cause it is considered impracticable, inadvisable or undesirable to have the animal removed to the abattoir.

   (5) In every such case the owner of the animal or other person or persons responsible shall comply with any conditions imposed by the authorized veterinary surgeon and shall also conform with the requirements of these Bye-laws.

 

11.   Authority of manager

   (1) Every person employed at, or making use of any facilities provided in, the abattoir shall comply with all lawful instructions given by the manager, and any person failing to comply with such instructions may, in addition to being liable to prosecution for a contravention of this bye-law, be required by the manager to leave the abattoir premises forthwith.

   (2) No person shall interfere with or obstruct the manager or any of his staff or cause any disturbance within the abattoir, and any person who interferes or obstructs or causes any disturbance may, in addition to being liable to prosecution for a contravention of this bye-law, be removed from the premises.

 

12.   Cleanliness and hygiene

   (1) Every person engaged on any duties at the abattoir or making use of any facilities therein shall observe strict cleanliness in his person and attire and shall at all times wear a clean butchering coat or overall of a design approved by the Medical Officer and made of a washable material.

   (2) Every slaughterman shall keep a special suit of clothes made of washable material and shall wear such suit while engaged in slaughtering any animal or dressing any carcass and for no other purpose, and shall wash such suit daily to ensure its cleanliness.

   (3) No person shall hang up or deposit or cause or permit to be hung up or deposited any article of wearing apparel in any room or enclosure in which meat is slaughtered, dressed or prepared for use as food for human consumption.

 

13.   Restrictions on slaughter

   (1) No bull, bullock, cow, heifer, steer, pig, sheep, lamb or goat shall be slaughtered on the day it enters the abattoir:

   Provided that the owner or person in charge of any animal which, on arrival at the abattoir, is found to be suffering from any serious injury shall cause such animal to be slaughtered as soon as possible after arrival after having notified the manager and obtained his consent.

   (2) No person shall slaughter for human consumption any calf, lamb, kid, pig or other animal unless it is at least 14 days old, is fully developed and is in a well nourished condition.

   (3) No person shall, without the consent of the manager, slaughter or cause to be slaughtered any animal which appears to be pregnant or which is on the point of giving birth.

 

14.   Place for slaughter, etc.

   No person shall slaughter or dress any animal in any part of the abattoir premises except in the place specially appointed and set apart for such purpose.

 

15.   Manner of slaughtering

   (1) Every person engaged in the slaughtering of animals shall, before proceeding to slaughter, cause the head of the animal to be securely held or fastened to ensure that such animal is slaughtered as quickly and with as little pain as possible.

   (2) No person shall slaughter or permit or suffer to be slaughtered in the abattoir any animal, the flesh of which is intended to be used as human food, except by shooting with a humane killer:

   Provided that the requirement of this sub-bye-law shall not be enforced in the case of animals slaughtered for the use of Mohammedans or Jews.

   (3) Slaughtering under Jewish or Mohammedan rites shall be executed and superintended by members of the Jewish or Mohammedan faith respectively, approved by the manager, and every such person shall in every respect comply with the requirements of the manager under these Bye-laws:

   Provided that nothing in these Bye-laws shall interfere with the ceremonies or killing under Jewish or Mohammedan rites, but all unnecessary cruelty shall be avoided.

   (4) Every person shall in the process of slaughtering any animal use only such instruments, appliances and methods as may be approved by the manager with the object of ensuring the infliction of as little pain or suffering as practicable.

 

16.   Time for flaying and dressing

   No person shall commence to flay or dress any slaughtered animal unless the flow of blood has ceased and all signs of life are extinct and thereafter, however, the flaying or dressing shall be completed without delay.

 

17.   Carcasses to be marked after slaughter

   As soon as possible after an animal has been slaughtered and flayed, the slaughterman shall clearly brand or mark the carcass with the registered mark of the owner of the animal.

 

18.   Deceptive dressing

   No person shall inflate, stuff or dress any carcass or any portion thereof with the object of giving it a deceptive appearance.

 

19.   Soiled meat to be condemned

   All meat, fat and red offal which becomes soiled by the contents of the alimentary tract shall be condemned as unfit for human consumption:

   Provided that if, in the opinion of an authorized veterinary surgeon or any meat inspector, the above-mentioned soiling may be removed by cutting away the soiled portions, the said surgeon or inspector may authorize this to be done and any meat, fat or red offal so treated shall if not otherwise unfit, be deemed to be fit for human consumption.

 

20.   Examination of animals, carcasses, etc.

   (1) No person shall remove from the immediate vicinity of the carcass of any animal slaughtered at the abattoir any portion of the hide, flesh, bone, fat or feet or of the internal organs or entrails until they have been duly examined and dealt with by a meat inspector.

   (2) Immediately after an animal has been slaughtered and dressed, it shall be examined and stamped as hereinafter provided and the slaughterman and his assistant shall then remove the stamped carcass and deposit it in the part of the abattoir set aside for such purpose:

   Provided that no person shall deposit any carcass or portion thereof in such part of the abattoir unless it has been stamped.

   (3) An authorized veterinary surgeon or any meat inspector may inspect and examine any animal brought into the abattoir premises for slaughter for human consumption for the purpose of ascertaining whether it is diseased, unsound or in any way unfit for human consumption.

   (4) A meat inspector shall examine, handle and cut into the carcass, offal and red offal of every animal which has been slaughtered at the abattoir, immediately after it has been dressed, for the purpose of ascertaining whether it is diseased, unsound, unwholesome or in any way unfit for human consumption.

   (5) In no case shall examination of carcass, meat, offal or red offal be made except by daylight.

   (6) Any animal found to be diseased, unsound or in any way unfit for human consumption upon inspection or examination under sub-bye-law (3) shall be dealt with in accordance with bye-law 7(4).

   (7) The carcass of every animal condemned under bye-law 7(4) and any part of the carcass, offal or red offal of a slaughtered animal which has been found under sub-bye-law (4) to be diseased, unsound, unwholesome or, in any way unfit for human consumption shall be destroyed at the abattoir by the manager or under his direction.

 

21.   Diseased or injured animals

   No person shall cut away, remove or otherwise attempt to conceal any diseased or injured part of any slaughtered animal, whether slaughtered at the abattoir or not, unless he has obtained the permission of a meat inspector to do so.

 

22.   Marking of healthy carcasses, etc.

   (1) The meat inspector shall brand or stamp with the official mark of the council in such places and in such ways as he may deem advisable or necessary all carcasses, meat, offal and red offal submitted for examination and passed as healthy, sound, wholesome and fit for human consumption.

   (2) No person, other than an official duly authorized thereto, shall stamp or brand or mark or attach to or impress on any meat, offal or red offal any official brand or mark or any similar marking; and no person shall attach to or impress on any meat or offal any forged brand or mark or any brand or mark intended or liable to deceive the public or induce the belief that such meat or offal has been inspected and approved under these Bye-laws or slaughtered at the abattoir.

 

23.   Removal of meat, etc., from abattoir restricted

   (1) No person shall, without the permission of the manager, remove or cause to be removed from the abattoir any meat, offal or red offal unless it has been examined, approved and stamped in accordance with these Bye-laws.

   (2) No person shall remove from the abattoir, without the express permission of the manager, any fat or offal unless it has been washed and cleaned to the satisfaction of a meat inspector.

 

24.   Introduction of meat into township restricted

   No person shall introduce into the township for sale any carcass or any butchers' meat of animals (other than game) slaughtered outside the township unless such animals have been slaughtered at an abattoir approved by the council.

 

25.   Condemnation of meat

   (1) An authorized veterinary surgeon or a meat inspector shall seize and condemn any carcass, meat, fat, offal or red offal which, as a result of examination is found to be diseased, unsound, unwholesome or unfit for human consumption.

   (2) Any carcass, meat, fat, offal or red offal seized and condemned shall, upon a certificate by an authorized veterinary surgeon, be destroyed or, alternatively, it may, at the owner's risk, be treated in such manner as the authorized veterinary surgeon may decide to render it fit for human consumption.

   (3) Nothing contained in these Bye-laws shall preclude any person mentioned in sub-bye-law (1) from taking action in terms of this bye-law in respect of any meat, offal or red offal which, although marked or branded as approved under these Bye-laws, is subsequently found to be diseased, unsound unwholesome or otherwise unfit for human consumption.

   (4) No compensation shall be paid for any meat, carcass or animal which has been condemned, seized and destroyed.

 

26.   Appropriation of meat, etc.

   (1) All meat (except such carcasses as may be held in the freezer unit) which is not removed from the abattoir premises before closing time on the day on which the animal from which it was taken was slaughtered, may be taken possession of by the manager and destroyed or treated on behalf of the council and sold to defray expenses.

   (2) All blood, manure, refuse, condemned carcasses or portions of condemned carcasses shall become the property of the council.

 

27.   Human diseases or injuries

   (1) No person knowingly suffering from any notifiable infectious or contagious disease, or who has within 12 hours previously been knowingly exposed to infection from any such disease shall engage in the slaughter of animals, dressing of carcasses or handling or conveyance of meat intended for human consumption, nor shall any employer permit any person in his employment who is so suffering or who has been so exposed to infection to be so engaged unless he has obtained the prior written permission of the Medical Officer.

   (2) The Medical Officer shall have the power to examine (which may include examination of the blood) any person engaged in the slaughtering of animals, the dressing of carcasses or handling or conveyance of meat whenever he deems it necessary to do so for the purpose of ascertaining whether such person is suffering from any disease or condition liable to contaminate the meat, as a result of which serious consequences to the health of others may occur, and may prohibit any such person found to be so suffering from being so engaged until he has been again examined and certified by a medical practitioner to be free from such disease or condition.

   (3) Any person engaged in work within the abattoir having any cuts, grazes or abrasions shall have such injuries covered by a clean, waterproof dressing.

 

28.   Disposal of animals of unclaimed or disputed ownership

   (1) The manager may slaughter or cause to be slaughtered any animal in the abattoir which may be unclaimed or as to the ownership of which there is a dispute, and shall, in the case of any such slaughter, dispose of the carcass thereof on behalf of the council.

   (2) On ascertaining the rightful owner, the council shall pay to him the proceeds of such sale less the amount of any and all expenses and charges incurred in respect of such animal.

 

29.   Exclusion of dogs, cats, birds, etc.

   No person shall bring on to the abattoir premises, or permit to enter or remain thereon, any dog, cat or other animal or any birds which feed on offal, and the manager may remove or cause to be removed from the abattoir any such animal or bird found thereon by such means as he deems advisable.

 

30.   Placing of vehicles

   All vans, lorries, wagons, carts and other vehicles brought into the abattoir shall stand in such places as the manager shall appoint.

 

31.   Exclusion of children

   No child under the age of 14 years shall at any time be admitted to any part of the abattoir where slaughtering or dressing is taking place:

   Provided that such child can be admitted with the prior permission of the manager and when under the supervision of an adult.

 

32.   Spitting, smoking, etc. prohibited

   No person shall expectorate, smoke or commit any nuisance in any part of the abattoir premises where animals are slaughtered, inspected or kept.

 

33.   Exclusion of intoxicating liquor, etc.

   No person shall bring, or cause, or permit to be brought any malt liquor, traditional beer, whether manufactured or home brewed, or any intoxicating liquor of any kind on to any part of the abattoir premises and no intoxicated person shall enter or remain or be permitted to enter or remain on such premises.

 

34.   Restriction on removal of animals or carcasses

   No person shall remove from the abattoir any animal, alive or dead, or the carcass of any animal or any meat, offal or red offal or any other thing pertaining to an animal without the prior permission of the manager.

 

35.   Offences and penalties

   Any person who contravenes any of these Bye-laws or any direction or prohibition duly given in terms thereof shall be guilty of an offence and liable on first conviction to a fine not exceeding P50 and on any subsequent conviction to a fine not exceeding P100.

LOBATSE TOWN COUNCIL (ABATTOIR) BYE-LAWS

(under regulations 34 and 35*)

(10th September, 1976)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Tariff of charges

   4.   Hours of entry

   5.   Delivery of animals

   6.   Penning, care, feeding and treatment of animals

   7.   Diseased animals

   8.   Unpenning restricted

   9.   Condemnation of carcasses of certain animals

   10.   Slaughtering

   11.   Authority of manager

   12.   Cleanliness and hygiene

   13.   Restrictions on slaughter

   14.   Place for slaughter, etc.

   15.   Manner of slaughtering

   16.   Time for flaying and dressing

   17.   Carcass to be marked after slaughter

   18.   Deceptive dressing

   19.   Soiled meat to be condemned

   20.   Examination of animals, carcasses, etc.

   21.   Diseased or injured animals

   22.   Marking of healthy carcasses, etc.

   23.   Removal of meat, etc., from abattoir

   24.   Introduction of meat into township restricted

   25.   Condemnation of meat

   26.   Appropriation of meat, etc.

   27.   Human diseases or injuries

   28.   Disposal of animals of unclaimed or disputed ownership

   29.   Exclusion of dogs, cats, birds, etc.

   30.   Placing of vehicles

   31.   Exclusion of children

   32.   Spitting, smoking, etc., prohibited

   33.   Exclusion of intoxicating liquor, etc.

   34.   Restriction on removal of animals

   35.   Offences and penalties

 

      Schedule

 

S.I. 135, 1976,
S.I. 91, 1977,
S.I. 43, 1986.

 

1.   Citation

   These Bye-laws may be cited as the Lobatse Town Council (Abattoir) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "abattoir" means the council abattoir, and includes the area set aside by the council for such purpose and demarcated as such, together with any building, space, pen, enclosure and lairage therein;

   "animal" means any bull, ox, cow, heifer, steer, calf, sheep, lamb, goat, kid, pig or other quadruped used for human consumption;

   "authorized veterinary surgeon" means a veterinary surgeon registered under the Veterinary Surgeons Act;

   "council" means the Lobatse Town Council;

   "manager" means the person appointed by the council to perform the functions of manager of the abattoir;

   "meat" means the flesh and bone of any slaughtered animal whether in its natural state or subjected to any freezing, chilling or other preservative process, and includes sausages, polonies, chopped or minced meat or any other meat similarly prepared;

   "meat inspector" means any person appointed by the council, after consultation with the Director of Veterinary Services, for the purposes of examining any slaughtered animals intended for human consumption;

   "medical officer" means a medical practitioner appointed by the Director of Medical Services to act as medical officer in respect of Lobatse;

   "offal" means the stomach, intestines and other internal organs of any slaughtered animal not being red offal;

   "red offal" means the head, horns, feet, tail, heart, lungs, liver, kidneys and spleen of any slaughtered animal;

   "slaughterman" means a person appointed or recognized as such by the council.

 

3.   Tariff of charges

   (1) Fees prescribed in the Schedule are payable to the council for services rendered or facilities provided at the abattoir.

   (2) The council shall not be responsible for the safe custody or feeding of any animal placed in the abattoir lairages or for the safe keeping or preservation of any meat left in the abattoir after slaughter.

 

4.   Hours of entry

   (1) The abattoir shall be open for the receiving and slaughtering of animals during the following hours-

   (a)   Receiving:

      Between 8.00 a.m. and 5 p.m. except on Fridays, Saturdays and days prior to public holidays.

   (b)   Slaughtering:

      Between 6.30 a.m. and 12 noon except on Saturdays, Sundays and public holidays.

   (2) Meat may be removed from the abattoir between 8 a.m. and 2 p.m. except on Saturdays, Sundays and public holidays.

   (3) No person shall, without permission from the manager, enter or remain in the abattoir premises or any part thereof outside the permitted hours in paragraphs (1) and (2).

   (4) No person shall, without the permission of the manager, enter the abattoir premises or any part thereof unless on lawful business connected therewith.

 

5.   Delivery of animals

   (1) Every person who delivers any animals to the abattoir shall, on entering, hand to the manager or other duly authorized official a correct written statement of the number and description of the animals and of the name of the owner thereof and shall, if so requested by such official, furnish such other information as may be reasonably required to facilitate identification.

   (2) The owner or person in charge of any animal so delivered shall have it marked with a distinguishing mark approved by the manager so that it can be easily and quickly identified.

   (3) The same identification mark shall always be used by or on behalf of each owner, and such mark shall be registered in a register provided for the purpose.

   (4) The owner or person in charge of any bull or other dangerous animal shall, when bringing such animal to the abattoir, either have it conveyed in a suitable vehicle in which it shall be securely bound and tied up, or led by means of chain or rope of sufficient strength.

 

6.   Penning, care, feeding and treatment of animals

   (1) The owner or person in charge of any animals brought into the abattoir, except draught animals, shall pen them as and where provided by the manager.

   (2) Every owner or person in charge of any animal within the abattoir shall ensure that such animal is properly cared for and is provided with sufficient suitable food and water.

   (3) No person shall overfeed or give salt to any animal while in the abattoir.

   (4) If the manager discovers that any animal within the abattoir has been without food and water for a period exceeding 48 hours, or if he is requested to do so by the owner or person in charge of any animal within the abattoir, he may cause such animal to be fed and watered and the council may recover the cost thereof from the owner or person in charge.

   (5) Any animal in the abattoir, whether awaiting slaughter or in the process of slaughter, shall be treated with utmost care and shall not be subjected to any cruel or unnecessary suffering.

   (6) The manager may take summary measures to prevent any unnecessary suffering of or cruelty to animals.

 

7.   Diseased animals

   (1) No person shall knowingly bring, or cause or permit to be brought, into the abattoir any animal suffering from any infectious or contagious disease unless with special permission of an authorized veterinary surgeon.

   (2) Any person found guilty of contravening this bye-law shall not, by virtue of having paid the penalty prescribed for such contravention, be absolved from any liability to make good to the council any expenses incurred in cleaning and disinfecting the abattoir premises and for any losses occasioned by his action.

   (3) The manager may refuse to admit into the abattoir any animal suffering from any infectious or contagious disease and, if he has reasonable grounds for suspecting that any animal already admitted or for which admission is sought is suffering from any such disease, he may require or cause such animal to be examined by an authorized veterinary surgeon.

   (4) The manager may after obtaining the opinion of an authorized veterinary surgeon, cause or order any animal which is found to be diseased, or which has been in contact with an infected or suspected animal, to be slaughtered at a place set apart from the slaughtering of diseased animals.

   (5) If after slaughter the carcass is found to be fit for human consumption, the carcass shall be returned to the owner or person in charge thereof but, if it is found to be diseased and unfit for human consumption, it shall be seized and condemned.

 

8.   Unpenning restricted

   No person shall, without the permission of the manager or any authorized official, unpen any animal unless for the purpose of removing it to the waiting pen or slaughter chamber.

 

9.   Condemnation of carcasses of certain animals

   (1) The carcass of any animal dying within the abattoir otherwise than by slaughter, or arriving dead at the abattoir, or of animals less than 14 days old, shall be condemned, seized and destroyed as unfit for human consumption.

   (2) Skins of animals condemned under this bye-law may be released to the owner at the discretion of an authorized veterinary surgeon.

 

10.   Slaughtering

   (1) No person shall slaughter or cause to be slaughtered at the abattoir any animal without the prior consent of the manager.

   (2) No person shall, without the written consent of an authorized veterinary surgeon or the medical officer or the manager, slaughter any animal intended for human consumption at any place within the council area other than at the abattoir.

   (3) Slaughtering in accordance with a written consent referred to in sub-bye-law (2) shall take place only at such hours and in such manner as required by these Bye-laws.

   (4) An authorized veterinary surgeon may, if he deems fit, authorize in writing the slaughter of any animal or animals at any place outside the abattoir in cases where, on account of religious requirement or of injuries received by any animal or for any other cause it is considered impracticable, inadvisable or undesirable to have the animal removed to the abattoir and in every such case the owner of the animal or other person or persons responsible shall comply with any conditions imposed by the authorized veterinary surgeon and shall also conform with the requirements of these Bye-laws.

 

11.   Authority of manager

   (1) Every person employed at, or making use of any facilities provided in, the abattoir shall comply with all lawful instructions given by the manager, and any person failing to comply with such instructions may, in addition to being liable to prosecution for contravening this bye-law, be required by the manager to leave the abattoir premises forthwith.

   (2) No person shall interfere or obstruct the manager or any of his staff or cause any disturbance within the abattoir, and any person who interferes or obstructs or causes any disturbance may, in addition to being liable to prosecution for a contravention of this bye-law, be removed from the premises.

 

12.   Cleanliness and hygiene

   (1) Every person engaged on any duties at the abattoir or making use of any facilities therein shall observe strict cleanliness in his person and attire and shall at all times wear a clean butchering coat or overall of a design approved by the medical officer and made of a washable material.

   (2) Every slaughterman shall keep a special suit of clothes made of washable material and shall wear such while engaged in slaughtering any animal or dressing any carcass and for no other purpose, and shall wash such suit daily to ensure its cleanliness.

   (3) No person shall hang up or deposit or cause or permit to be hung up or deposited any article of wearing apparel in any room or enclosure in which meat is slaughtered, dressed or prepared for use as food for human consumption.

 

13.   Restrictions on slaughter

   (1) No animal shall be slaughtered on the day it enters the abattoir but the owner or person in charge of any animal which, on arrival at the abattoir, is found to be suffering from any serious injury shall cause such animal to be slaughtered as soon as possible after arrival after having notified the manager and obtained his consent.

   (2) No person shall slaughter for human consumption any animal unless it is at least 14 days old, is fully developed and is in a well nourished condition.

   (3) No person shall, without the consent of the manager, slaughter or cause to be slaughtered any animal which appears to be pregnant or which is on the point of giving birth.

 

14.   Place for slaughter, etc.

   No person shall slaughter or dress any animal in any part of the abattoir premises except in the place specially designated and set apart for such purpose.

 

15.   Manner of slaughtering

   (1) Every person engaged in the slaughtering of animals shall, before proceeding to slaughter, cause the head of the animal to be securely held or fastened to ensure that such animal is slaughtered as quickly and with as little pain as possible.

   (2) No person shall slaughter or permit or suffer to be slaughtered in the abattoir any animal except by shooting with a humane killer.

   (3) The requirement of sub-bye-law (2) shall not be enforced in the case of animals slaughtered for the use of persons of the Muslim or Jewish faiths.

   (4) Slaughtering under Jewish or Muslim rites shall be executed and superintended by members of the Jewish or Muslim faith respectively, approved by the manager, and every such person shall in every respect comply with the requirements of the manager under these Bye-laws.

   (5) Subject to the provisions of these Bye-Laws, no person may interfere with the ceremonies or killing under Jewish or Muslim rites, except that all unnecessary cruelty shall be avoided.

   (6) Every person shall in the process of slaughtering any animal use only such instruments, appliances and methods as may be approved by the manager with the object of ensuring the infliction of as little pain or suffering as practicable.

 

16.   Time for flaying and dressing

   No person shall commence to flay or dress any slaughtered animal unless the flow of blood has ceased and all signs of life are extinct and thereafter the flaying or dressing shall be completed without delay.

 

17.   Carcass to be marked after slaughter

   As soon as possible after an animal has been slaughtered and flayed, the slaughterman shall clearly brand or mark the carcass with the registered mark of the owner of the animal.

 

18.   Deceptive dressing

   No person shall inflate, stuff or dress any carcass or any portion thereof with the object of giving it a deceptive appearance.

 

19.   Soiled meat to be condemned

   All meat, fat and red offal which becomes soiled by the contents of the alimentary tract shall be condemned as unfit for human consumption but if, in the opinion of an authorized veterinary surgeon or any meat inspector, the soiling may be removed by cutting away the soiled portions, the veterinary surgeon or meat inspector may authorize this to be done and any meat, fat or red offal so treated shall, if not otherwise unfit, be deemed to be fit for human consumption.

 

20.   Examination of animals, carcasses, etc.

   (1) No person shall remove from the immediate vicinity of the carcass of any animal slaughtered at the abattoir any portion of the hide, flesh, bone, fat or feet or of the internal organs or entrails until they have been duly examined and dealt with by a meat inspector.

   (2) Immediately after an animal has been slaughtered and dressed it shall be examined and stamped and the slaughterman and his assistants shall then remove the stamped carcass and deposit it in the part of the abattoir set aside for such purpose.

   (3) No person shall deposit any carcass or portion thereof in such part of the abattoir unless it has been stamped.

   (4) An authorized veterinary surgeon or any meat inspector may inspect and examine any animal brought into the abattoir premises for slaughter for human consumption for the purpose of ascertaining whether it is diseased, unsound or in any way unfit for human consumption.

   (5) A meat inspector shall examine, handle and cut into the carcass, offal and red offal of every animal which has been slaughtered at the abattoir, immediately after it has been dressed, for the purpose of ascertaining whether it is diseased, unsound, unwholesome or in any way unfit for human consumption.

   (6) In no case shall any examination of carcass, meat, offal or red offal be made except by daylight.

   (7) Any animal found to be diseased, unsound or in any way unfit for human consumption upon inspection or examination under sub-bye-law (4) shall be dealt with in accordance with bye-law 7(4) and (5).

   (8) The carcass of every animal condemned under bye-law 7(4) and (5) and any part of the carcass, offal or red offal of a slaughtered animal which has been found under sub-bye-laws (4) and (5) to be diseased, unsound, unwholesome or in any way unfit for human consumption shall be destroyed at the abattoir by the manager or by any person acting under his direction.

 

21.   Diseased or injured animals

   No person shall cut away, remove or otherwise attempt to conceal any diseased or injured part of any slaughtered animal, whether slaughtered at the abattoir or not, unless he has obtained the permission of a meat inspector to do so.

 

22.   Marking of healthy carcasses, etc.

   (1) The meat inspector shall brand or stamp with the official mark of the council in such places and in such ways as he may deem advisable or necessary all carcasses, meat, offal and red offal submitted for examination and passed as healthy, sound, wholesome and fit for human consumption.

   (2) No person, other than an official duly authorized thereto, shall stamp or brand or mark or attach to or impress on any meat, offal or red offal any official brand or mark or any similar marking, nor shall any person attach to or impress on any meat or offal any forged brand or mark or any brand or mark intended or liable to deceive the public or induce the belief that such meat or offal has been inspected and approved under these Bye-laws or slaughtered at the abattoir.

 

23.   Removal of meat, etc., from abattoir restricted

   (1) No person shall, without the permission of the manager, remove or cause to be removed from the abattoir any meat, offal or red offal unless it has been examined, approved and stamped in accordance with these Bye-laws.

   (2) No person shall remove from the abattoir, without the express permission of the manager, any fat or offal unless it has been washed and cleaned to the satisfaction of a meat inspector.

 

24.   Introduction of meat into township restricted

   No person shall introduce into the township for sale any carcass or any butchers' meat of animals (other than game) slaughtered outside the township unless such animals have been slaughtered at an abattoir approved by the council.

 

25.   Condemnation of meat

   (1) An authorized veterinary surgeon or meat inspector shall seize and condemn any carcass, meat, fat, offal or red offal which, as a result of examination is found to be diseased, unsound, unwholesome or unfit for human consumption, even if it had been marked or branded as approved if subsequently found to be diseased, unsound, unwholesome or otherwise unfit for human consumption.

   (2) Any carcass, meat, fat, offal or red offal seized and condemned shall, upon a certificate by an authorized veterinary surgeon or meat inspector, be destroyed or, alternatively, it may, at the owner's risk, be treated in such manner as the authorized veterinary surgeon or meat inspector may decide to render it fit for human consumption.

   (3) No compensation shall be paid for any meat, carcass or animal which has been condemned seized and destroyed.

 

26.   Appropriation of meat, etc.

   (1) All meat (except such carcasses as may be held in the freezer unit) which is not removed from the abattoir premises before closing time on the day on which the animal from which it was taken was slaughtered, may be taken possession of by the manager and destroyed or treated on behalf of the council and sold to defray expenses.

   (2) All blood, manure, refuse, condemned carcasses or portions of condemned carcasses shall become the property of the council.

 

27.   Human diseases or injuries

   (1) No person knowingly suffering from any notifiable infectious or contagious disease or who has within 12 hours previously been knowingly exposed to infection from any such disease shall engage in the slaughter of animals, dressing of carcasses or handling or conveyance of meat intended for human consumption, nor shall any employer permit any person in his employment who is so suffering or who has been so exposed to infection to be so engaged unless he has obtained the prior written permission of the medical officer.

   (2) The medical officer may examine any person engaged in the slaughtering of animals, the dressing of carcasses or handling or conveyance of meat whenever he deems it necessary to do so for the purpose of ascertaining whether such person is suffering from any disease or condition liable to contaminate the meat, as a result of which serious consequences to the health of others may occur, and may prohibit any such person found to be so suffering from being so engaged until he has been again examined and certified by a medical practitioner to be free from such disease or condition.

   (3) Any person engaged in work within the abattoir having any cuts, grazes or abrasions shall have such injuries covered by a clean, waterproof dressing.

 

28.   Disposal of animals of unclaimed or disputed ownership

   The manager may slaughter or cause to be slaughtered any animal in the abattoir which may be unclaimed or as to the ownership of which there is a dispute and shall, in the case of any such slaughter, dispose of the carcass thereof on behalf of the council and, on ascertaining the rightful owner, the council shall pay him the proceeds of such sale less the amount of any and all expenses and charges incurred in respect of such animal.

 

29.   Exclusion of dogs, cats, birds, etc.

   No person shall bring on to the abattoir premises, or permit to enter or remain therein, any dog, cat or other animal or any bird which feeds on offal, and the manager may remove or cause to be removed from the abattoir any such animal or bird found thereon by such means as he deems advisable.

 

30.   Placing of vehicles

   All vans, lorries, wagons, carts and other vehicles brought into the abattoir shall stand in such places as the manager appoints.

 

31.   Exclusion of children

   No child under the age of 14 years shall at any time be admitted to any part of the abattoir where slaughtering or dressing is taking place except with the prior permission of the manager and accompanied by an adult.

 

32.   Spitting, smoking, etc. prohibited

   No person shall spit, smoke, or commit any nuisance in any part of the abattoir premises where animals are slaughtered, inspected or kept.

 

33.   Exclusion of intoxicating liquor, etc.

   No person shall bring, or cause, or permit to be brought any malt liquor, traditional beer, whether manufactured or home brewed, or any intoxicating liquor of any kind on to any part of the abattoir premises, and no intoxicated person shall enter or remain or be permitted to enter or remain on such premises.

 

34.   Restriction on removal of animals

   No person shall remove from the abattoir any animal alive or dead, or the carcass of any animal or any meat, offal or red offal or any other thing pertaining to an animal without the prior permission of the manager.

 

35.   Offencies and penalties

   Any person who contravenes any of these Bye-laws or any direction or prohibition duly given in terms thereof shall be guilty of an offence and liable on first conviction to a fine not exceeding P50 and on any subsequent conviction to a fine not exceeding P100.

SCHEDULE

(bye-law 3(1))

 

   Use of abattoir for slaughtering, including lairage water, inspection and stamping of meat shall be as follows- 

 

P t 

Bull, ox, cow, heifer, steer or calf 

2,00 

Sheep, lamb, goat or kid 

3,00 

Pig 

6,00

SELEBI-PHIKWE TOWN COUNCIL (ABATTOIR) BYE-LAWS

(under regulations 34 and 35*)

(10th November, 1978)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Tariff of charges

   4.   Hours of entry

   5.   Delivery of animals

   6.   Penning, care, feeding and treatment of animals

   7.   Diseased animals

   8.   Unpenning restricted

   9.   Condemnation of carcasses of certain animals

   10.   Slaughtering

   11.   Authority of manager

   12.   Cleanliness and hygiene

   13.   Restrictions on slaughter

   14.   Place for slaughter, etc.

   15.   Manner of slaughtering

   16.   Time for flaying and dressing

   17.   Carcass to be marked after slaughter

   18.   Deceptive dressing

   19.   Soiled meat to be condemned

   20.   Examination of animals, carcasses, etc.

   21.   Diseased or injured animals

   22.   Marking of healthy carcasses, etc.

   23.   Removal of meat, etc., from abattoir restricted

   24.   Introduction of meat into township restricted

   25.   Condemnation of meat

   26.   Appropriation of meat, etc.

   27.   Human diseases or injuries

   28.   Disposal of animals of unclaimed or disputed ownership

   29.   Exclusion of dogs, cats, birds, etc.

   30.   Placing of vehicles

   31.   Exclusion of children

   32.   Spitting, smoking, etc., prohibited

   33.   Exclusion of intoxicating liquor

   34.   Restriction on removal of animals or carcasses

   35.   Offences and penalties

 

      Schedule

 

S.I. 137, 1978,
S.I. 41, 1986,
S.I. 35, 2005.

 

1.   Citation

   These Bye-laws may be cited as the Selebi-Phikwe Town Council (Abattoir) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "abattoir" means the council abattoir, and shall include the area set aside by the council for such purpose and demarcated as such, together with any building, space, pen, enclosure and lairage therein;

   "animal" means any bull, ox, cow, heifer, steer, calf, sheep, lamb, goat, kid, pig, or other quadruped used for human consumption;

   "authorized veterinary surgeon" means a veterinary surgeon registered under the Veterinary Surgeons Act;

   "council" means Selebi-Phikwe Town Council;

   "manager" means the person appointed by the council to perform the functions of the manager of the abattoir or any person appointed by the council to act in his stead;

   "meat" means the flesh and bone of any slaughtered animal whether in its natural state or subjected to any freezing, chilling, or other preservative process, and includes sausages, polonies, chopped or minced meat or any other meat similarly prepared;

   "meat inspector" means any person appointed by the council, after consultation with the Director of Veterinary Services, for the purpose of examining any slaughtered animal intended for human consumption;

   "medical officer" means a medical practitioner appointed by the Permanent Secretary, Ministry of Health, to act as medical officer in respect of Selebi-Phikwe;

   "offal" means the stomach, intestines and other internal organs of any slaughtered animal not being red offal;

   "red offal" means the head, horns, feet, tail, heart, lungs, liver, kidneys and spleen of any slaughtered animal;

   "slaughterman" means a person appointed or recognized as such by the council.

 

3.   Tariff of charges

   (1) The fees prescribed in the Schedule are payable to the council for services rendered or provided at the abattoir.

   (2) The council shall not be responsible for the safe custody or feeding of any animal placed in the abattoir lairages or for the safe keeping or preservation of any meat left in the abattoir after slaughter.

 

4.   Hours of entry

   (1) The abattoir shall be open for the receiving and slaughtering of animals during the following hours-

   (a)   Receiving:

      between 10.00 a.m. and 6.30 p.m. except on Fridays, Saturdays and days prior to public holidays;

   (b)   Slaughtering:

      between 6.30 a.m. and 12.00 noon except on Saturdays, Sundays and public holidays.

   (2) Meat may be removed from the abattoir between 8 a.m. and 2 p.m. except on Saturdays, Sundays and public holidays.

   (3) No person shall, without the permission of the manager, enter or remain in the abattoir premises or any part thereof outside the permitted hours prescribed in sub-bye-laws (1) and (2).

   (4) No person shall, without the permission of the manager, enter the abattoir premises or any part thereof unless on lawful business connected therewith.

 

5.   Delivery of animals

   (1) Every person who delivers animals to the abattoir shall on entering hand to the manager or other duly authorized official a correct written statement of the number and description of the animals and the name of the owner thereof and shall, if so requested by such official, furnish such other information as may be reasonably required to facilitate identification.

   (2) The owner or person in charge of any animal so delivered shall have it marked with a distinguishing mark approved by the manager so that it can be easily and quickly identified.

   (3) The same identification mark shall always be used by or on behalf of each owner, and such mark shall be registered in a register provided for the purpose.

   (4) The owner or person in charge of any bull or other dangerous animal shall, when bringing such animal to the abattoir, either have it conveyed in a suitable vehicle in which it shall be securely bound and tied up, or led by means of a chain or rope of sufficient strength.

 

6.   Penning, care, feeding and treatment of animals

   (1) The owner or person in charge of any animals brought into the abattoir, except draught animals, shall pen them as and where provided by the manager.

   (2) Every owner or person in charge of any animal within the abattoir shall ensure that such animal is properly cared for and is provided with sufficient suitable food and water.

   (3) No person shall overfeed or give salt to any animal while in the abattoir.

   (4) If the manager discovers that any animal within the abattoir has been without food and water for a period exceeding 48 hours, or if he is required to do so by the owner or person in charge of any animal within the abattoir, he may cause such animal to be fed and watered and the council may recover the cost thereof from the owner or person in charge.

   (5) Any animal in the abattoir, whether awaiting slaughter or in the process of slaughter, shall be treated with the utmost care and shall not be subjected to any cruel or unnecessary suffering.

   (6) The manager may, in his discretion, take summary measures to prevent any unnecessary suffering of or cruelty to animals.

 

7.   Diseased animals

   (1) No person shall knowingly bring, or cause or permit to be brought, into the abattoir any animal suffering from any infectious or contagious disease unless with special permission of an authorized veterinary surgeon.

   (2) No person found guilty of contravening this bye-law shall, by virtue of having paid the penalty prescribed for such contravention, be absolved from any expenses incurred in cleaning and disinfecting the abattoir premises and for any losses occasioned by his action.

   (3) The manager may refuse to admit into the abattoir any animal suffering from any infectious or contagious disease and, if he has reasonable grounds for suspecting that any animal already admitted or for which admission is sought is suffering from any such disease, he may require or cause such animal to be examined by an authorized veterinary surgeon.

   (4) The manager may, after obtaining the opinion of an authorized veterinary surgeon, cause or order any animal which is found to be diseased, or which has been in contact with an infected or suspected animal, to be slaughtered at a place set apart for the slaughtering of diseased animals. If after slaughter the carcass is found to be fit for human consumption, the carcass shall be returned to the owner or person in charge thereof but, if it is found to be diseased and unfit for human consumption, it shall be seized and condemned.

 

8.   Unpenning restricted

   No person shall without the permission of the manager or any authorized official unpen any animals, unless for the purpose of removing it to the waiting pen or slaughter chamber.

 

9.   Condemnation of carcasses of certain animals

   (1) The carcass of any animal dying within the abattoir otherwise than by slaughter, or arriving dead at the abattoir or of animals less than 14 days old, shall be condemned, seized and destroyed as unfit for human consumption.

   (2) Skins of animals condemned under this bye-law may be released to the owner at the discretion of an authorized veterinary surgeon.

 

10.   Slaughtering

   (1) No person shall slaughter or cause to be slaughtered at the abattoir any animal without the prior consent of the manager.

   (2) No person shall, without the written consent of an authorized veterinary surgeon, Council Health Inspector or the medical officer or the manager, slaughter any animal intended for human consumption at any place within the council's area other than the abattoir.

   (3) Slaughtering in accordance with a written consent referred to in sub-bye-law (2) shall take place only at such hours and in such manner as are prescribed in these Bye-laws.

   (4) An authorized veterinary surgeon may, if he deems fit, authorize in writing the slaughter of any animal at any place outside the abattoir in cases where, on account of religious requirements or of injuries received by the animal or for any other cause, it is considered impracticable, inadvisable or undesirable to have the animal removed to the abattoir; and in every such case the owner of the animal or other person responsible shall comply with any conditions imposed by the authorized veterinary surgeon and shall also conform with the requirements of these Bye-laws.

 

11.   Authority of manager

   (1) Every person employed at, or making use of any facilities provided in the abattoir shall comply with all lawful instructions given by the manager, and any person failing to comply with such instructions may, in addition to being liable to prosecution for a contravention of this bye-law, be required by the manager to leave the abattoir premises forthwith.

   (2) No person shall interfere with or obstruct the manager or any of his staff or cause any disturbance within the abattoir, and any person who interferes or obstructs or causes any disturbance may, in addition to being liable to prosecution for a contravention of this bye-law, be removed from the premises.

 

12.   Cleanliness and hygiene

   (1) Every person engaged on any duties at the abattoir or making use of any facilities therein shall observe strict cleanliness in his person and attire and shall at all times wear a clean butchering coat or overall of a design approved by the medical officer and made of a washable material.

   (2) Every slaughterman shall keep a special suit of clothes of washable material and shall wear such suit while engaged in slaughtering any animal or dressing any carcass and for no other purpose and shall wash such suit daily to ensure its cleanliness.

   (3) No person shall hang up or deposit or cause or permit to be hung up or deposited any article of wearing apparel in any room or enclosure in which meat is slaughtered, dressed or prepared for use as food for human consumption.

   (4) All meat conveyed within the council area shall be conveyed in suitable vehicles and completely and sufficiently protected from dust and from the access of insects and the said vehicles shall on each occasion be thoroughly cleansed before and immediately after use.

   (5) If the veterinary surgeon, Council Health Inspector or meat inspector is of the opinion that a vehicle used or intended to be used for the conveyance of meat constitutes a health hazard he shall prevent such vehicle from conveying such meat.

 

13.   Restrictions on slaughter

   (1) No animal shall be slaughtered on the day it enters the abattoir but the owner or person in charge of any animal which on arrival at the abattoir is found to be suffering from any serious injury shall cause such animal to be slaughtered as soon as possible after having notified the manager and obtained his consent.

   (2) No person shall slaughter for human consumption any animal unless it is at least 14 days old, is fully developed and is in a well nourished condition.

   (3) No person shall, without the consent of the manager, slaughter or cause to be slaughtered any animal which appears to be pregnant or which is on the point of giving birth.

 

14.   Place for slaughter, etc.

   No person shall slaughter or dress any animal in any part of the abattoir premises except in the place specially appointed and set apart for such purpose.

 

15.   Manner of slaughtering

   (1) Every person engaged in the slaughtering of animals shall, before proceeding to slaughter, cause the head of the animal to be securely held or fastened to ensure that such animal is slaughtered as quickly and with as little pain as possible.

   (2) No person shall slaughter or permit or suffer to be slaughtered in the abattoir any animal except by shooting with a humane killer:

   Provided that the requirement of the sub-bye-law (2) shall not be enforced in the case of animals slaughtered for the use of persons of the Muslim or Jewish faith.

   (3) Slaughtering under Muslim or Jewish rites shall be executed and superintended by members of the Muslim or Jewish faith respectively, approved by the manager; and every such person shall in every respect comply with the requirements of the manager under these Bye-laws.

   (4) Subject to the provisions of these Bye-laws, no person may interfere with the ceremonies or killing under Muslim or Jewish rites, except that all unnecessary cruelty shall be avoided.

   (5) Every person shall in the process of slaughtering any animal use only such instruments, appliances and methods as may be approved by the manager with the object of ensuring the infliction of as little pain or suffering as practicable.

 

16.   Time for flaying and dressing

   No person shall commence to flay or dress any slaughtered animal unless the flow of blood has ceased and all signs of life are extinct and thereafter the flaying or dressing shall be completed without delay.

 

17.   Carcasses to be marked after slaughter

   As soon as possible after an animal has been slaughtered and flayed, the slaughterman shall clearly brand or mark the carcass with the registered mark of the owner of the animal.

 

18.   Deceptive dressing

   No person shall inflate, stuff or dress any carcass or any portion thereof with the object of giving it a deceptive appearance.

 

19.   Soiled meat to be condemned

   All meat, fat and red offal which become soiled by the contents of the alimentary tract shall be condemned as unfit for human consumption:

   Provided that if, in the opinion of an authorized veterinary surgeon or a meat inspector, the above-mentioned soiling may be removed by cutting away the soiled portions, the said surgeon or meat inspector may authorize this to be done and any meat, fat and red offal so treated shall, if not otherwise unfit, be deemed to be fit for human consumption.

 

20.   Examination of animals, carcasses, etc.

   (1) No person shall remove from the immediate vicinity of the carcass of any animal slaughtered at the abattoir any portion of the hide, flesh, bone, fat or feet or of the internal organs or entrails until they have been duly examined and dealt with by a meat inspector.

   (2) Immediately after an animal has been slaughtered and dressed, it shall be examined and stamped as hereinafter provided and the slaughterman and his assistants shall then remove the stamped carcass and deposit it in the part of the abattoir set aside for such purpose:

   Provided that no person shall deposit any carcass or portion thereof in such part of the abattoir unless it has been stamped.

   (3) An authorized veterinary surgeon or a meat inspector may inspect and examine any animal brought into the abattoir premises for slaughter for human consumption for the purpose of ascertaining whether it be diseased, unsound, or in any way unfit for human consumption.

   (4) A meat inspector shall examine, handle and cut into carcass, offal and red offal of every animal which has been slaughtered at the abattoir, immediately after it has been dressed, for the purpose of ascertaining whether it is diseased, unsound, unwholesome or in any way unfit for human consumption.

   (5) In no case shall any examination of carcass, meat, offal or red offal be made except by daylight.

   (6) Any animal found to be diseased, unsound or in any way unfit for human consumption upon inspection or examination under sub-bye-law (3) shall be dealt with in accordance with bye-law 7(4).

   (7) The carcass of every animal condemned under bye-law 7(4) and any part of the carcass, offal or red offal or a slaughtered animal which has been found under sub-bye-law (4) to be diseased, unsound, unwholesome or in any way unfit for human consumption shall be destroyed at the abattoir by the manager or under his direction.

 

21.   Diseased or injured animals

   No person shall cut away, remove or otherwise attempt to conceal any diseased or injured part of any slaughtered animal, whether slaughtered at the abattoir or not, unless he has obtained the permission of a meat inspector to do so.

 

22.   Marking of healthy carcasses, etc.

   (1) The meat inspector shall brand or stamp with the official mark of the council in such places and in such ways as he may deem advisable or necessary all carcasses, meat offal and red offal submitted for examination and passed as healthy, sound, wholesome and fit for human consumption.

   (2) No person, other than an official duly authorized thereto, shall stamp or brand or mark or attach to or impress on any meat, or offal or red offal any official brand or mark or any similar marking, and no person shall attach to or impress on any meat or offal any forged brand or mark or any branch or mark intended or liable to deceive the public or induce the belief that such meat or offal has been inspected and approved under these Bye-laws or slaughtered at the abattoir.

 

23.   Removal of meat, etc., from abattoir restricted

   (1) No person shall, without the permission of the manager remove or cause to be removed from the abattoir any meat, offal or red offal unless it has been examined, approved and stamped in accordance with these Bye-laws.

   (2) No person shall remove from the abattoir, without the express permission of the manager, any fat or offal unless it has been washed and cleaned to the satisfaction of the meat inspector.

 

24.   Introduction of meat into township restricted

   No person shall introduce into the township for sale any carcass or any butchers' meat of animals (other than game) slaughtered outside the township unless such animals have been slaughtered at an abattoir approved by the council.

 

25.   Condemnation of meat

   (1) An authorized veterinary surgeon or meat inspector shall seize and condemn any carcass, meat, fat, offal or red offal which as a result of examination is found to be diseased, unsound, unwholesome or unfit for human consumption, even if it has been marked or branded as approved if subsequently found to be diseased, unsound, unwholesome or otherwise unfit for human consumption.

   (2) Any carcass, meat, fat, offal or red offal seized and condemned shall, upon a certificate by an authorized veterinary surgeon, be destroyed, or alternatively it may, at the owners risk, be treated in such manner as the authorized veterinary surgeon or meat inspector may decide to render it fit for human consumption.

   (3) No compensation shall be paid for any meat, carcass or animal which has been condemned, seized and destroyed.

 

26.   Appropriation of meat, etc.

   (1) All meat (except such carcass as may be held in the freezer unit) which is not removed from the abattoir premises before closing time on the day on which the animal from which it was taken was slaughtered, may be taken possession of by the manager and destroyed or treated on behalf of the council and sold to defray expenses.

   (2) All blood, manure, refuse, condemned carcass or portion of condemned carcass shall become the property of the council.

 

27.   Human diseases or injuries

   (1) No person knowingly suffering from any notifiable infectious or contagious disease or who has within 12 hours previously been knowingly exposed to infection from any such disease shall engage in the slaughter of animals, dressing of carcasses or handling or conveyance of meat intended for human consumption, nor shall any employer permit any person in his employment who is so suffering or who has been so exposed to infection to be so engaged unless he has obtained the prior written permission of the medical officer.

   (2) The medical officer may examine any person engaged in the slaughtering of animals, the dressing of carcasses or handling or conveyance of meat whenever he deems it necessary to do so for the purpose of ascertaining whether such person is suffering from any disease or condition liable to contaminate the meat, as a result of which serious consequences to the health of others may occur, and may prohibit any such person found to be suffering from being so engaged until he has been again examined and certified by a medical practitioner to be free from such disease or condition.

   (3) Any person engaged in work within the abattoir having any cuts, grazes or abrasions shall have such injuries covered by a clean, water-proof dressing.

 

28.   Disposal of animals of unclaimed or disputed ownership

   The manager may slaughter or cause to be slaughtered any animal in the abattoir which may be unclaimed or as to the ownership of which there is a dispute and shall, in the case of any such slaughter, dispose of the carcass thereof on behalf of the council and, on ascertaining the rightful owner, the council shall pay him the proceeds of such sale less the amount of any and all expenses and charges incurred in respect of such animal.

 

29.   Exclusion of dogs, cats, birds, etc.

   No person shall bring on the abattoir premises, or permit to enter or remain therein, any dog, cat or other animal or any bird which feeds on offal, and the manager may remove or cause to be removed from the abattoir any such animal or bird found thereon.

 

30.   Placing of vehicles

   All vans, lorries, wagons, carts and other vehicles brought into the abattoir shall stand in such places as the manager shall appoint.

 

31.   Exclusion of children

   No child under the age of 14 years shall at any time be admitted to any part of the abattoir where slaughtering or dressing is taking place, except with the prior permission of the manager and accompanied by an adult.

 

32.   Spitting, smoking, etc. prohibited

   No person shall expectorate, smoke tobacco or commit any nuisance in any part of the abattoir premises where animals are slaughtered, inspected or kept.

 

33.   Exclusion of intoxicating liquor

   No person shall bring or cause or permit to be brought any malt liquor, traditional beer, whether manufactured or home brewed, or any intoxicating liquor of any kind on to any part of the abattoir premises and no intoxicated person shall enter or remain or be permitted to enter or remain on such premises.

 

34.   Restriction on removal of animals or carcasses

   No person shall remove from the abattoir any animal alive or dead, or the carcass of any animal or any meat, offal or red offal or any other thing pertaining to an animal, without the prior permission of the manager.

 

35.   Offences and penalties

   Any person who contravenes any of these Bye-laws or any direction or prohibition duly given in terms thereof shall be guilty of an offence and liable on first conviction to a fine not exceeding P50 or to imprisonment for a term not exceeding one month, and on any subsequent conviction to a fine not exceeding P100 or to imprisonment for a term not exceeding three months.

SCHEDULE

 

   1. Use of abattoir for slaughtering including lairage water, inspection and stamping of meat shall be as follows"” 

   (a)   beast 

P40 

   (b)   goat 

P12 

   (c)   sheep 

P12 

   (d)   pig 

P20 

2.   Charges per day for use of freezer 

 

   (a)   beast 

P15 

   (b)   pig 

P9 

   (c)   goat 

P6 

   (d)   sheep 

P6 

   3. Other charges 

 

   (a)   detention 

P15 

   (b)   delivery 

P20 per trip

GABORONE CITY COUNCIL (PUBLIC LAND EXCAVATION) (CONTROL) BYE-LAWS

(under regulations 34 and 35*)

(22nd October, 1976)

ARRANGEMENT OF BYE-LAWS

   BYE-LAWS

 

   1.   Citation

   2.   Interpretation

   3.   Excavation on public land

   4.   Penalty

 

S.I. 148, 1976.

 

1.   Citation

   These Bye-laws may be cited as the Gaborone City Council (Public Land Excavation) (Control) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "council" means the Gaborone City Council;

   "excavation" means the hollow cavity formed on land by cutting or removal of soil or gravel;

   "public land" means land within the council area which is not private land.

 

3.   Excavation on public land

   (1) No person shall, without the written permission of the council, construct or dig or cause to be constructed or dug on any public land within the council area any hole, trench or other excavation for the purpose of removing soil, sand, gravel or any vegetation or for the purpose of any private construction or drainage or for any other purpose.

   (2) Any person who constructs or digs or causes to be constructed or dug any hole, trench or other excavation within public land in the council area shall take adequate precautions to ensure the safety of the public.

   (3) Without prejudice to any prosecution for contravention of this bye-law and notwithstanding any penalty which may be imposed under these Bye-laws for such contravention, the council may take such measures as it deems necessary to ensure safety to the public, if, in the opinion of the council, measures required under sub-bye-law (2) are inadequate, and any expense incurred by the council shall be borne by the person responsible for the excavation and shall be a civil debt to the council recoverable in any court of competent jurisdiction.

 

4.   Penalty

   Any person who contravenes the provisions of bye-law 3(1) and (2) shall be guilty of an offence and liable on conviction to a fine not exceeding P200 and, in default of payment, to imprisonment for a term not exceeding six months.

FRANCISTOWN TOWN COUNCIL (ESTABLISHMENT OF POUND) BYE-LAWS

(under regulations 34 and 35*)

(25th June, 1965)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

   1.   Citation

   2.   Application

   3.   Establishment of pound

   4.   Appointment of poundmaster

   5.   Duties of poundmaster

   6.   Moneys payable into council's fund

   7.   Financing of pound

L.N. 24, 1965

1.   Citation

   These Bye-laws may be cited as the Francistown Town Council (Establishment of Pound) Bye-laws.

2.   Application

   These Bye-laws shall apply within the limits of the Francistown Town Council area.

3.   Establishment of pound

   Francistown Town Council shall establish a pound which shall be situate within the limits of the council area.

4.   Appointment of poundmaster

   Francistown Town Council shall appoint a poundmaster and such other persons as are necessary for the proper running of the pound.

5.   Duties of poundmaster

   The poundmaster shall comply with those provisions of the Pounds Act in force within the Francistown Town Council area.

6.   Moneys payable into council's fund

   All moneys received by the poundmaster in terms of the Pounds Act shall be paid into the funds of the Francistown Town Council.

7.   Financing of pound

   The cost of providing the pound and all other moneys lawfully expended by the poundmaster shall be defrayed by the Francistown Town Council.< /p>

FRANCISTOWN TOWN COUNCIL (LOCAL BEER) BYE-LAWS

(under regulations 34 and 35*)

(21st October, 1963)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Manufacture or possession of local beer

   4.   Permit to manufacture, etc.

   5.   Penalties

   6.   Permitted quantities

   7.   Fee

   8.   Form of permit

   9.   Permit not transferable

   10.   Appeal

   11.   Funds of the Council

 

      Schedule - Permit to Manufacture or be in Possession of Local Beer

 

Bye-Law 1, 1963,
G.N. 124, 1963.

 

1.   Citation

   These Bye-laws may be cited as the Francistown Town Council (Local Beer) Bye-laws.

 

2.   Interpretation

   In these Bye-laws "local beer" means beer brewed from sorghum-meal or a mixture of sorghum-meal and mealie-meal by the fermentation of malted sorghum, but excluding the liquors commonly known as "ila", "kabidikamo" or "banyana", or any beer brewed as described to which sugar, honey or syrup has been added or which is mixed with or fortified or adulterated by any other liquor or substance, or any other of the liquors commonly known as "khadi".

 

3.   Manufacture or possession of local beer

   No person shall manufacture or be in possession of local beer within the limits of the Francistown Town Council area unless he is in possession of a valid permit authorizing such manufacture or possession.

 

4.   Permit to manufacture, etc.

   Application for a permit of the type referred to in bye-law 3 shall be made to the Town Clerk of the Francistown Town Council who may-

   (a)   issue such a permit;

   (b)   refuse to issue such a permit;

   (c)   issue a permit for a lesser quantity of local beer than that applied for; or

   (d)   impose such conditions to a permit as he may deem fit.

 

5.   Penalties

   Any person who contravenes the provisions of bye-law 3 or who contravenes any condition imposed in a permit in terms of bye-law 4 shall be guilty of an offence and liable on conviction to a fine not exceeding P200 or in default of payment thereof to imprisonment for a term not exceeding six months.

 

6.   Permitted quantities

   The Town Clerk shall not issue any permit for a quantity of local beer in excess of 90,92 litres.

 

7.   Fee

   Before the issue of a permit a fee of two thebe in respect of each 4,546 litres of local beer authorized in such permit shall be paid to the Town Clerk.

 

8.   Form of permit

   A permit shall be in the form specified in the Schedule hereto and shall be valid only for the period specified therein, which period shall not, in the case of a permit to be in possession of local beer, exceed two days, and, in the case of a permit to manufacture local beer, exceed seven days.

 

9.   Permit not transferable

   A permit issued in terms of these Bye-laws shall not be transferable.

 

10.   Appeal

   Any person aggrieved by any decision of the Town Clerk relating to the issue of or conditions imposed in a permit may, on payment to the Town Clerk of a deposit of 20 thebe, appeal in writing to the Francistown Town Council within seven days of such decision and the decision of the Council on such appeal shall be final; in any successful appeal the said deposit shall be refunded to the appellant.

 

11.   Funds of the Council

   All moneys received by the Town Clerk in terms of these Bye-laws shall be paid into the funds of the Council.

SCHEDULE
PERMIT TO MANUFACTURE OR BE IN POSSESSION OF LOCAL BEER

FRANCISTOWN TOWN COUNCIL

 

(issued under the Francistown Town Council (Local Beer) Bye-laws)


Permission is hereby granted to ....................................................................................


(Name)


of ...............................................................................................................................


(Address)


to manufacture and/or be in possession * of ....................................................... litres of


local beer within the limits of Francistown Council area for the period


from ................................. a.m./p.m. on the ......................... day of .................. 20 .....


to .................................. a.m./p.m. on the ........................... day of ................... 20 .....


subject to the conditions set out hereunder.


Conditions 

.........................................................................................................................................
......................................................................................................................................... 

...........................................................
Date 

........................................................
Town Clerk 

Fee ................................................. paid 

 

SELEBI-PHIKWE TOWN COUNCIL (PUBLIC STANDPIPES)
BYE-LAWS

(under regulations 34 and 35*)

(16th April, 1981)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Supply of standpipe water to occupier, etc.

   4.   Supply of water to other persons

   5.   Use of public standpipe water

   6.   Power to withhold supply of public standpipe water

   7.   Inspection of public standpipes

   8.   Misuse of water

   9.   Damage to public standpipe

   10.   Pollution

 

S.I. 31, 1981.

 

1.   Citation

   These Bye-laws may be cited as the Selebi-Phikwe Town Council (Public Standpipes) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "authorized officer" means the Town Clerk or an officer of the local authority duly authorized in writing by the Town Clerk to inspect public standpipes;

   "designated area" means an area within the township which has been allocated to persons for occupation and in respect of which a certificate of rights or a temporary occupancy permit has been issued;

   "local authority" means the Selebi-Phikwe Town Council;

   "occupier" means any person who is residing in a designated area;

   "public standpipe" means a water supply point in a designated area intended for use by the occupants;

   "unauthorized connection or attachment" means a connection or attachment to a public standpipe without the written permission of the local authority.

 

3.   Supply of standpipe water to occupier, etc.

   Subject to the provisions of bye-law 4, a public standpipe water shall be available only to an occupier or any person authorized in writing by the local authority to draw water from a public standpipe.

 

4.   Supply of water to other persons

   (1) Any person, who is not an occupier in the area in which the standpipe is located or a person authorized in writing to do so, may draw water to a quantity not exceeding five litres from a public standpipe.

   (2) An occupier shall not supply to any person not entitled thereto water from a public standpipe or permit a person to take water therefrom except-

   (a)   for consumption;

   (b)   for the purpose of extinguishing fire; or

   (c)   with the written permission of the local authority.

   (3) Except with the written permission of the local authority, water shall not be drawn from a public standpipe for use outside the designated area in which the standpipe is located.

   (4) Any person who contravenes any provision of this bye-law shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month.

 

5.   Use of public standpipe water

   (1) No person shall use public standpipe water for any purpose other than domestic or for a purpose specified in writing by the local authority.

   (2) The local authority may from time to time-

   (a)   limit the quantity of water which may be drawn from a particular public standpipe;

   (b)   by notice published in the Gazette, prohibit the use of a particular public standpipe in a particular area for any purpose specified in the notice; or

   (c)   by written notice to a consumer, prohibit the use of public standpipe water for the purpose specified in the notice.

   (3) Any person who uses public standpipe water for any purpose other than that for which it is supplied shall be guilty of an offence and liable to a fine not exceeding P10 or in default of payment to imprisonment for a term not exceeding one week, and such fine or term of imprisonment shall not prejudice the right of the local authority to recover the charge for the water improperly used.

 

6.   Power to withhold supply of public standpipe water

   Without prejudice to the right of recovery of any amount due to it, the local authority may turn off or curtail the supply of public standpipe water to any designated area where-

   (a)   the occupiers, as a whole or in part have failed to pay any service levy or to comply with any provisions of these Bye-laws;

   (b)   a repair or maintenance to or extension of the water system is required; or

   (c)   a general water supply shortage occurs in the area of the local authority.

 

7.   Inspection of public standpipes

   (1) An authorized officer shall from time to time inspect public standpipes for-

   (a)   unauthorized connections or attachments;

   (b)   any waste or misuse of water,

and supervise the proper use thereof.

   (2) Where an unauthorized connection or attachment to a public standpipe is found by an authorized officer he shall, where it is-

   (a)   a first offence, remove the connection or attachment and return it forthwith to the owner together with a warning in writing;

   (b)   a second offence-

      (i)   remove the connection or attachment and cause it to be placed in the temporary custody of the local authority;

      (ii)   within three days thereafter issue a warning in writing and permit the connection or attachment to be released; and

      (iii)   require the person concerned to sign an acknowledgement to the effect that a further offence shall warrant confiscation of the connection or attachment; and

   (c)   a third offence, confiscate the connection or attachment and the person concerned shall be liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month, or to both.

   (3) Any person who hinders or obstructs or uses abusive or insulting language towards an authorized officer in the performance of his duties under this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or in default of payment to imprisonment for a term not exceeding three months.

 

8.   Misuse of water

   Any person who wilfully or negligently wastes or misuses or causes or allows to be wasted or misused any public standpipe water shall be guilty of an offence and liable to a fine not exceeding P10.

 

9.   Damage to public standpipe

   (1) Any person who tampers with or wilfully or negligently causes damage to a public standpipe or to any appliance or equipment in connection therewith shall be guilty of an offence and liable to a fine not exceeding P100 or in default of payment to imprisonment for a term not exceeding three months.

   (2) A fine or term of imprisonment shall not prejudice the right of the local authority to recover the cost of effecting any repair or replacement arising from damage to a public standpipe.

 

10.   Pollution

   Any person who pollutes or causes the pollution of public standpipe water or allows any foul liquid, gas or other noxious matter to enter any pipe or fitting connected therewith shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month, or to both.

LOBATSE TOWN COUNCIL (OPERATION OF POUND) BYE-LAWS

(section 6*)

(20th June, 2008)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Application

   4.   Operation of pound

   5.   Appointment of pound master

   6.   Financing of pound

 

S.I. 52, 2008.

 

1.   Citation

   These Bye-Laws may be cited as the Lobatse Town Council (Operation of Pound) Bye-Laws.

 

2.   Interpretation

   In these Bye-Laws, unless the context otherwise requires"”

   "Council" means the Lobatse Town Council; and

   "Township" means Lobatse Township.

 

3.   Application

   These Bye-Laws shall apply within the limits of the township.

 

4.   Operation of pound

   The Council shall operate a pound which shall be situated within the limits of the township.

 

5.   Appointment of pound master

   (1) The Council shall appoint a pound master and such other persons as are necessary for the proper conduct of a pound.

   (2) The pound master shall comply with those provisions of the Pounds Act which are in force within the township.

 

6.   Financing of pound

   (1) All moneys received by the pound master in terms of the Pounds Act shall be paid into the funds of the Council.

   (2) All costs incurred in operating the pound and all moneys lawfully expended by the pound master shall be defrayed by the Council.

LOBATSE TOWN COUNCIL (PUBLIC SEWER) BYE-LAWS

(section 6*)

(11th September, 2009)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Duty of Council to keep map showing sewers

   4.   Power of Council to alter or close public sewer

   5.   Power of Council to agree to adopt sewer or sewage disposal works

   6.   Prohibited discharges into public sewer system

   7.   Storm water not to enter public sewer

   8.   Sewage not to enter storm water drains

   9.   Right to connect to public sewer

   10.   Council to require connection to public sewer in certain circumstances

   11.   Procedure in respect of connection to public sewer

   12.   Common sewer or drain

   13.   Fees

   14.   Maintenance

   15.   Disconnection and re-connection

   16.   Legal action

   17.   Discharge of industrial or commercial trade effluent into public sewers

   18.   Alteration in discharge limits of trade effluent

   19.   Control of trade effluent

   20.   Metering and assessment of trade effluent

   21.   Installation of grease or oil interceptors

   22.   Monitoring facilities

   23.   Pre-treatment requirements

   24.   Protection against accidental discharges

   25.   Trade effluent agreements

   26.   Power of Council to revoke permits issued

   27.   Power of Council to take action against prohibited discharges

   28.   Power of Council to obtain information

   29.   Power of authorised officer to enter premises

   30.   Notice of contravention and penalties

   31.   Non-application of Town Council (Public Sewers) Regulations

 

      Schedules

 

S.I. 79, 2009.

 

1.   Citation

   These Bye-Laws may be cited as the Lobatse Town Council (Public Sewer) Bye-Laws.

 

2.   Interpretation

   (1) In these Bye-Laws, unless the context otherwise requires-

   "authorised officer" means a person authorised by the Council to inspect public sewers or pipes or drains connected therewith;

   "Council" means the Lobatse Town Council established under the Act;

   "drainage installation" means a system of drains, pipes and sewers used for the sewerage of a building, including any fitting, appliance or equipment connected thereto;

   "foul water" means water contaminated by soil water, waste water or trade effluent;

   "latrine" includes a privy, a urinal, an earth-closet or a water-closet;

   "owner" in relation to immovable property, means the person or his agent receiving the rent or profits for any land or premises from the occupier thereof or a person who occupies or holds land in accordance with the terms of an agreement;

   "public sewer" means any piped sewer, ditch, or water course for the passage of foul water constructed or maintained by or vested in the Council;

   "sewer" or "drain" means a pipe conveying foul water forming part of the sewerage or drainage installation of a building, including any pipe connecting to a drain or to a public sewer;

   "soil water" means water containing excreted matter, whether human or animal;

   "storm water" includes surface water or rain water;

   "sludge" means a compound of solids with entrained water resulting from the processing of waste water by any combination of physical, chemical or biological processes;

   "trade effluent" means liquid, either with or without particles of matter in suspension, which is wholly or in part produced in the course of trade, industrial, manufacturing, mining or by chemical processes or any laboratory, research or agricultural activity, and includes any liquid other than standard domestic effluent or storm water;

   "toxic pollutant" means a concentration of any pollutants which upon exposure to or assimilation into any organism will cause adverse effects;

   "waste water" means used water, not being soil water, trade effluent or storm water; and

   "waste water treatment works" means an arrangement of any device, facility, structure, equipment or processes used for the purpose of the transmission, storage, treatment and disposal of waste water.

   (2) For the purposes of these Bye-Laws, a building shall not be deemed to have a public sewer available except where there exists or there is in the course of construction within 30 metres of the site of a building, a public sewer or a sewer connecting thereto at a suitable invert level which the owner of the building is entitled to use and a sufficient supply of water except where such is laid on or where a supply can be connected from a point within 30 metres of the site of the building:

   Provided that, where the distance of a public sewer or a point from which a supply of water is available exceeds 30 metres and the Council agrees to undertake the construction, at its expense, of a drain to connect to a public sewer or the laying of a pipe to a point of connection to a supply of water, the 30 metres limit shall not apply.

 

3.   Duty of Council to keep map showing sewers

   The Council shall keep deposited at its office for inspection by any person during normal working hours, a map showing and distinguishing each public sewer and any sewer in the course of construction within its area.

 

4.   Power of Council to alter or close public sewer

   The Council may alter the size or course of any public sewer or discontinue and prohibit the use thereof by giving one month's notice:

   Provided that the Council shall, at its expense, execute any work necessary to connect to another sewer the drainage installation of the users of the sewer under alteration or discontinued.

 

5.   Power of Council to agree to adopt sewer or sewage disposal works

   The Council may enter into an agreement with any person constructing or proposing to construct a sewer or sewerage disposal works to the effect that upon completion of the work to the satisfaction of the Council or on a specified date the sewer or works shall be vested in and thereafter maintained by the Council.

 

6.   Prohibited discharges into public sewer system

   (1) A person shall not throw or empty or permit to be thrown or emptied into a public sewer or into any drainage installation connecting to a public sewer, any material which causes, threatens to cause or is capable of causing, either alone or by interaction with other substances-

   (a)   an obstruction of flow in, or damage to the sewer system or any portion thereof;

   (b)   a threat to the life or safety of persons,

   (c)   a fire or explosion;

   (d)   strong or offensive odours, air pollution, or any noxious, toxic or malodorous gas or substance, or a gas producing substance;

   (e)   conditions inhibiting or preventing the effective maintenance and operation of the sewer system;

   (f)   interference with any waste water reclamation, or sludge re-use process which does or may operate in conjunction with the public sewer system, or wh ich renders such reclamation or sludge re-use process impracticable or not feasible under normal operating conditions; or

   (g)   discoloration, or any adverse conditions in the quality of the effluent from the sewer such that receiving water quality requirements established by any statute, rule, regulation or permit conditions cannot be met.

   (2) A person shall not discharge or cause or permit to be discharged, directly or indirectly into any sewer system or any part thereof, any toxic or poisonous substances or any other pollutant, which, in sufficient quantity, may-

   (a)   constitute a hazard to human or animal life;

   (b)   injure or cause an interference with the waste water treatment process;

   (c)   create a hazard to human, animal life or fish in any waters receiving effluent from the public sewer system; or

   (d)   create a hazard in the use or disposal of waste water sludge or reclaimed water.

   (3) A person shall not discharge or permit to be discharged into the public sewer system or any part thereof, any industrial waste water containing any of the toxic substances exceeding the concentrations set out in the First Schedule.

   (4) Any person who contravenes any provisions of this bye-law shall be guilty of an offence and liable to a fine not exceeding P2000 and a further fine not exceeding P100 per day for each day on which the offence continues.

   (5) Any person convicted of a second or subsequent offence shall be liable to a fine not exceeding P5000 or imprisonment for a period not exceeding 24 months or to both.

 

7.   Storm water not to enter public sewer

   A person shall not discharge or cause or permit the discharge, directly or indirectly, into the sewer system or any part thereof, any storm water, surface water, ground water, roof runoff or sub-surface drainage.

 

8.   Sewage not to enter storm water drains

   A person shall not discharge or cause or permit to be discharged, directly or indirectly, any sewage or foul water into a storm water drain, river, stream or other water course, whether natural or artificial.

 

9.   Right to connect to public sewer

   (1) Subject to the provisions of bye-law 11, an owner shall, at his or her own expense, be entitled to have the drainage installation of his or her premises connected to a public sewer.

   (2) Notwithstanding the provisions of subbye-law (1), no person shall-

   (a)   discharge, directly or indirectly, into the public sewer, any liquid or other matter-

      (i)   from a factory or trade premises or a manufacturing process except with the written permission of the Council under bye-law 17; or

      (ii)   the discharge of which is prohibited under these bye-laws or any other enactment; or

   (b)   connect a drainage installation to a public sewer-

      (i)   unless he or she satisfies the Council that the premises concerned have a sufficient supply of water; or

      (ii)   where the sewer is situated at a distance of more than 30 metres from the boundary of the premises.

 

10.   Council to require connection to public sewer in certain circumstances

   Where a public sewer and a sufficient supply of water is available and the Council is of the opinion that-

   (a)   satisfactory provision has not been made for the hygienic and adequate disposal of foul water; or

   (b)   any cesspool, septic tank, latrine or appliance or equipment provided for the collection or disposal of foul water is defective or insufficient so as to be prejudicial to health or a nuisance, the Council may, within a specified time and at the owner's expense, require the owner to remove any latrine or non-waterborne system and replace the same with a water closet connected to the Council's sewerage system.

 

11.   Procedure in respect of connection to public sewer

   (1) A person who requires the drainage installation of his or her premises to be connected to a public sewer shall make an application, in writing, to the Council in the prescribed form as set out in the Third Schedule.

   (2) Where the Council receives an application under subbye-law (1) it shall, within 21 days of the receipt thereof, advise the applicant in writing whether or not the application has been granted or rejected.

   (3) A rejection of an application under subbye-law (1) shall be given in writing and shall state the reason therefor.

   (4) Where an application is granted, the Council shall advise whether or not it intends to carry out, on behalf of the applicant, the work required.

   (5) Where the Council intends to carry out the work under subbye-law (4) the applicant shall, before work commences, be required to pay the Council the cost thereof as estimated by the Council.

   (6) Where the applicant carries out or causes to be carried out the work required, he or she shall give to the Council reasonable notice thereof in writing and shall accord to an authorised officer reasonable access to inspect the work.

   (7) Every person connecting to the public sewer system shall construct the connection according to such requirements as may be made under the provisions of the Building Control Act.

   (8) The Council may order the owner of a building that has been connected to the sewer system or a building for which an order for connection to the sewer has been made to remove any latrine that has been installed on the premises on which the building is located or to destroy or fill septic tank(s) that have been previously used.

   (9) A connecting drain, pipe or sewer constructed under the preceding provisions of this bye-law shall vest in the Council, and the maintenance, repair or renewal thereof shall, at the expense of the owner of the premises, be carried out by the Council.

   (10) Any person who causes a drain, pipe or a sewer to be connected to a public sewer in contravention of the provisions of these bye-laws shall be guilty of an offence and liable to a fine of P200, and whether proceedings have or have not been taken in respect of that offence, the Council may close the connection in question and recover from the offender any costs incurred thereby.

   (11) Where a payment made under subbye-law (5)-

   (a)   exceeds the costs incurred, the Council shall repay the excess to the applicant; or

   (b)   is insufficient, the balance shall be recoverable from the person for whom the work was done.

 

12.   Common sewer or drain

   The Council may, in its discretion and with the agreement of the owners concerned, permit the drainage installations of two or more buildings to connect with a public sewer by means of a common sewer or drain.

 

13.   Fees

   (1) The owner shall pay a sewerage connection fee at the rates set in the Second Schedule and shall enter into a sewerage service agreement with the Council after connection of the premises to the sewerage system.

   (2) The owner shall pay annual sewerage service fees at the rates set out in the Second Schedule.

   (3) The due date for the payment of any fees shall be 30 calender days from the date reflected on any statement sent by the Council.

   (4) If the due date under subbye-law (3) lapses, a period of 90 calender days shall be allowed for the payment of any fees without interest, thereafter all arrears shall be subject to an interest rate of 12 per cent per month.

   (5) The interest accrued on any arrears shall be calculated from the date on which the fee becomes overdue until the date of payment of the fee.

   (6) In the case of change of ownership of the premises or of the postal address of any owner, the person who appears, from the Council records, to be the owner of the premises shall continue to be liable to pay the fees under these Bye-Laws unless he or she notifies the Council, in writing, of such change.

   (7) The fees set out under these Bye-Laws may be reviewed at any time, at the discretion of the Council.

 

14.   Maintenance

   (1) The Council shall be responsible for the operation and maintenance of any sewer mains within the streets and public easements.

   (2) The owner shall be responsible for the maintenance of the sewer line from the final inspection chamber within his or her property to any house on the property.

   (3) Any maintenance or work carried out under subbye-law (2) shall be at the expense of the owner.

   (4) In the event that any blockage exists between a Council manhole and an inspection chamber, the Council shall be responsible for clearing the blockage at no expense to the owner.

   (5) Any work carried out on the Council sewer system shall take place with the approval of the Council.

 

15.   Disconnection and re-connection

   (1) The sewer line of the owner shall be disconnected and legal action shall commence against such owner if the period of 90 calender days referred to in bye-law 13 (4) has lapsed without the owner having paid the fees under bye-law 13 (1) and (2).

   (2) A re-connection fee of P50 in respect of residential property and P100 in respect of commercial or industrial property shall be payable by the owner of the premises upon his or her request for the re-connection of his or her sewer line.

   (3) A person shall not re-connect a sewer unless that person has paid in full all amounts due to the Council, including any re-connection fees.

   (4) A person shall not obstruct any authorised person executing their duties in accordance with this bye-law.

 

16.   Legal action

   Where legal action has been taken against the owner to recover any outstanding amounts due to the Council, a court of competent jurisdiction shall accept the presentation of documents reproduced by electronic or other means, in lieu of the original documents.

 

17.   Discharge of industrial or commercial trade effluent into public sewers

   (1) A person wishing to discharge industrial or commercial trade effluent into a public sewer shall make an application, to the Council in the form prescribed in the Fourth Schedule and shall include the following details-

   (a)   the chemical composition, nature and volume of the effluent;

   (b)   a description of the industrial process or trade giving rise to the effluent;

   (c)   the number of persons employed on the premises; and

   (d)   such other information, including the submission of samples, which the Council may consider necessary.

   (2) The discharge limits of trade effluent in public sewers shall be as prescribed in the First Schedule.

   (3) Permission granted under subbye-law (1) shall not be reassigned or transferred or sold to a new owner, new user, different premises or changed operation.

 

18.   Alteration in discharge limits of trade effluent

   (1) The Council may, subject to the written approval of the Minister and to any condition which the Minister may think fit to impose, grant permission for the discharge into a public sewer, trade effluent from any premises or for any alteration in the rate, volume, quality or nature of any such discharge.

   (2) A person permitted in terms of subbye-law (1) to discharge trade effluent into a public sewer shall, prior to any change in the nature or volume of that effluent, notify the Council in writing of the date on which it is proposed the change will take place and the Council may impose any additional conditions it may deem necessary.

   (3) The Council may approve any change in volume of discharge or pollutant type or concentration, prior to discharge, where such discharges meet applicable pre-treatment standards and requirements or where such discharges would not cause a contravention of the wastewater treatment plant limitations and restrictions.

   (4) Any person who discharges or causes or permits the discharge, directly or indirectly, of trade effluent into a public sewer without the prior written permission of the Council shall be guilty of an offence and liable to a fine not exceeding P5000 and to such charge as the Council may, with the approval in writing of the Minister, assess the conveyance and treatment of the effluent so discharged.

 

19.   Control of trade effluent

   Notwithstanding any other provision of these Bye-Laws, the Council may, by notice in writing to the owner of any premises from which trade effluent is discharged, require him or her to execute, at his or her expense, any of the following-

   (a)   before it is discharged into a public sewer, subject the effluent to such treatment as will in the opinion of the Council prevent a contravention of bye-law 6 (1);

   (b)   restrict the discharge of effluent to specified hours and the rate thereof to a specified maximum and install a tank, appliance or other equipment necessary to comply therewith;

   (c)   in a drainage installation conveying trade effluent to a public sewer, construct one or more inspection, sampling or metering chambers of a material and dimension and in such a position as the Council may determine; or

   (d)   provide and maintain a meter which measures the total volume of water drawn from a borehole, a spring or other natural source which is used on the premises.

 

20.   Metering and assessment of trade effluent

   (1) The Council may incorporate in a drainage installation conveying trade effluent to a public sewer, in such a position as it shall determine, a meter or gauge or other device for the purpose of ascertaining the volume or composition of the effluent, and it shall be an offence for any person to by-pass, open, break into or otherwise interfere with or damage any such meter, gauge or device.

   (2) The Council shall be entitled, in terms of subbye-law (1), to install and maintain, at the expense of the owner, a meter, gauge or other device.

 

21.   Installation of grease or oil interceptors

   (1) The Council may, by written notice to the owner of any business or establishment such as a restaurant, hospital, school, business cafeteria, a car wash or motor vehicle repair garage where there is a risk that wastewater of a greasy or oily nature may be discharged into a public sewer system, require such owner to have a grease or oil interceptor or trap of a size and design approved by the Council, to prevent oil or grease entering the public sewer.

   (2) A grease or oil interceptor shall be installed and connected so that it is at all times easily accessible for inspection, cleaning and removal of intercepted grease or oil.

   (3) Wastewater containing grease or oil, discharged from fixtures and equipment including scullery sinks, pot and pan sinks, dishwashers, food waste disposals, soup kettles and floor drains, shall be drained into the public sewer system through an approved interceptor.

   (4) The owner shall ensure that the interceptors are maintained and operated in an efficient manner by-

   (a)   the periodic removal of the accumulated grease or oil as specified by the Council; and

   (b)   preventing toilets, urinals, wash basins and other fixtures containing faecal material to flow through the interceptors

   (5) Flushing a trap with hot water, or the use of chemicals or any agent to dissolve grease or oil, is specifically prohibited and under no circumstances shall, grease or oil removed in accordance with subbye-law 4 (a) be re- introduced into any public sewer system.

   (6) The Council shall-

   (a)   require proof of pumping or cleaning of the grease or oil interceptors to be submitted to it upon request; and

   (b)   inspect, annually, all such installations provided for under subbye-law (1).

   (7) Any business or establishment for which a determination by the Council has been made that a grease or oil interceptor or trap is required, shall have four weeks from the date of notice by the Council to install an approved interceptor or trap.

   (8) New facilities proposing to discharge into the public sewer system shall have an approved interceptor or trap installed prior to the installation to the public sewer system.

 

22.   Monitoring facilities

   (1) The Council shall require the owner of any building used for trade or commercial purposes to install a suitable sampling manhole to facilitate observation, sampling and measurement of water.

   (2) The sampling manhole and monitoring equipment shall be located and maintained on the premises where the building used for trade or commercial purposes is situated.

   (3) Where there is a significant difference in wastewater constituents and characteristics produced by operation of a single user, the Council may require that separate sampling manholes be installed for each separate discharge.

   (4) The sampling manholes shall be constructed in accordance with the Council's requirements and all applicable construction standards and specifications.

   (5) All sampling manholes and monitoring equipment shall be installed at the owner's expense, and shall be maintained so as to be safe and accessible at all times.

   (6) Construction of any required sampling manholes and installation of monitoring equipment shall be completed within 90 days following written notification of the Council, unless the Council grants a time extension.

   (7) Any owner discharging industrial effluent into a Council sewer, shall be required within three months of the coming into force of these Bye-Laws, to comply with bye-law 21.

 

23.   Pre-treatment requirements

   (1) An owner may, for the purpose of producing a discharge which will meet the requirements of any permission granted pursuant to these Bye-Laws, cause wastewater on the premises to undergo pre-treatment.

   (2) Such pre-treatment facilities shall be constructed, operated and maintained at the expense of the owner.

   (3) Plans and specifications for such pre-treatment facilities shall be submitted to the Council for approval.

 

24.   Protection against accidental discharges

   (1) The owner of the premises discharging industrial effluent shall provide protective measures against accidental discharges of prohibited substances into the public sewer pursuant to the provisions of these Bye-Laws, or as set forth in any permit issued thereof.

   (2) Such measures shall consist of operational or other procedures and facilities as determined necessary or appropriate by the Council.

   (3) Floor drains connected to the public sewer in any manufacturing, service or production area are prohibited.

   (4) Any residue or by-product of pre-treatment, or any wastes subject to control or regulation under any other Act, shall be disposed of in accordance with the provisions of such Act.

   (5) All costs of such measures undertaken under this bye-law shall be borne by the owner of the premises.

 

25.   Trade effluent agreements

   (1) Subject to the provisions of these Bye-Laws, any person producing trade effluent of a volume exceeding 50 cubic metres per week or with an effluent quality that exceeds any prescribed parameter shall, before the discharge of such effluent into the public sewer system, apply to the Council for a trade effluent agreement to be concluded between such person and the Council.

   (2) A person with an existing trade effluent discharge at the time of commencement of these Bye-Laws for which a trade effluent agreement has not been applied for, shall have a period of 12 months to comply with subbye-law (1).

   (3) An application for a trade effluent agreement shall be in the prescribed form as set out in the Fourth Schedule and shall be accompanied by the prescribed application fee.

   (4) An application made under subbye-law (3) shall be accompanied by the required documentation, including-

   (a)   name and address of the applicant;

   (b)   volume of trade effluent to be discharged;

   (c)   prescribed trade effluent constituents and characteristics;

   (d)   time and duration of discharge;

   (e)   average daily and 15 minute peak effluent flow rates;

   (f)   site plans, floor plans, mechanical and plumbing plans and details to show all sewers and appurtenances by size, location and elevation;

   (g)   description of activities, facilities and plant processes on the premises including all materials and type of materials which are, or could be, discharged;

   (h)   each product produced by type, amount and rate of production;

   (i)   number and type of employees and hours of work;

   (j)   all necessary permits and licences legally required for conducting the business resulting in the discharge of the trade effluent;

   (k)   site plans showing buildings and infrastructure;

   (l)   plan of proposed or existing treatment systems prior to waste entering the public sewer system;

   (m)   a technical specification of the manufacturing system;

   (n)   a list of hazardous chemicals being used or to be used; and

   (o)   any other information the Council may require.

   (5) The terms and conditions of a trade effluent agreement shall include the fees and charges payable by the party in the agreement producing the trade effluent.

   (6) The Council and an applicant for a trade effluent agreement shall agree and set dates for the periodic reviews of the agreement so as to determine-

   (a)   the need for an update of the terms of the agreement where any advance in industrial technology is required by the Council; or

   (b)   the requirement for changes in the composition of the trade effluent.

   (7) An emergency review of the agreement may be made at any other time by the giving of 24 hours notice by either party where the probability of environmental damage is assessed to exist, due to the unforeseen effects of-

   (a)   the trade effluent or operations or equipment producing trade effluent; or

   (b)   an undertaking made or to be made by the Council with some other person, which undertaking affects the terms of the agreement.

   (8) No person who is a party to a trade effluent agreement shall introduce an effluent quality, different from the agreed quality, into the trade effluent being discharged into the public sewer system without making an application to the Council for approval in terms subbye-law (1).

   (9) The approval of the Council granted under subbye-law (8) shall be given on such conditions as the Council may determine.

   (10) A monitoring officer shall, for the purpose of carrying out inspections, at any time make a site visitation to-

   (a)   take samples to verify the quality of the waste discharged;

   (b)   ensure that treatment processes and equipment are properly maintained and are operating well; and

   (c)   ensure that the site is in general compliance with the terms and conditions of the trade effluent agreement.

   (11) A person shall not alter any of the terms and conditions of a trade effluent agreement or deal with waste in any manner contrary to the agreement concluded or interfere with or change the equipment and other devices agreed upon without the prior consent of the Council.

   (12) The Council may, for the purpose of public safety, suspend the discharge of trade effluent for such time as it is necessary to put in place the required measures for public safety.

   (13) A trade effluent agreement may be terminated by the giving of 14 days notice, by either party of any outstanding obligations thereof.

 

26.   Power of Council to revoke permits issued

   The Council may suspend or revoke any permit issued under these Bye- Laws, where the Council determines that the permit holder-

   (a)   has given false information in connection with the application for a permit;

   (b)   is incompetent in relation to the requirements of the permit;

   (c)   has contravened any of the provisions of these Bye-Laws or any condition or regulation pertaining to such permit;

   (d)   has failed to accurately report the wastewater constituents and characteristics of his or her discharge;

   (e)   has failed to report, in advance, increases in volume of wastewater discharged or the concentration of any pollutant discharged;

   (f)   has failed to report, in advance, the introduction of a new pollutant into the wastewater discharged;

   (g)   is refusing access to his or her premises for the purpose of inspection or monitoring;

   (h)   has failed to make full payment of fees and charges; or

   (i)   has failed to report accidental discharges.

 

27.   Power of Council to take action against prohibited discharges

   (1) The Council may, if any wastewater is discharged or proposed to be discharged into the public sewer system which contains prohibited substances or characteristics, or in the judgement of the Council may, have a damaging effect upon the wastewater treatment facilities, processes, equipment or the soil, vegetation, or ground water or could cause a hazard to life or constitute a public nuisance, take the following actions-

   (a)   reject the wastewater;

   (b)   require the pre-treatment to an acceptable condition for discharge to the public sewers;

   (c)   require control over the quantities and rates of discharge; or

   (d)   require payment to cover the added costs of handling, treating and disposing of substances not covered by an existing fee, sewer service charges or in a trade effluent agreement.

   (2) Where the Council requires the pre-treatment or equalisation of the waste flow under subbye-law (1)(b), the design installation and main-tenance of the facilities shall be made at the owner's expense.

 

28.   Power of Council to obtain information

   (1) An authorised officer may obtain information concerning industrial processes which have a direct bearing on the type and source of trade effluent discharged into the public sewer system.

   (2) An industry may withhold any information which it considers to be confidential:

   Provided that such industry proves that if the information is released to the public, it may result in granting its competitors an unfair advantage over it.

 

29.   Power of authorised officer to enter premises

   An authorised officer may, at all times, enter property from which trade effluent is discharged into the public sewer system for the purposes of, but not limited to-

   (a)   inspection;

   (b)   observation;

   (c)   sampling;

   (d)   repair; or

   (e)   maintenance of any portion of the wastewater facilities lying within such property.

 

30.   Notice of contravention and penalties

   (1) The Council shall issue, to any person who discharges or causes or permits the discharge, directly or indirectly, of a trade effluent into the public sewer system, contrary to the provisions of these Bye-Laws, a written notice stating the nature of the contravention and requiring a remedial action to be taken thereof within a stated time limit not exceeding 30 days.

   (2) Any person who continues any contravention beyond the time limit provided under subbye-law (1), shall be guilty of an offence and liable to a penalty not exceeding P5000 or to imprisonment for a term not exceeding two years or to both.

 

31.   Non-application of Town Council (Public Sewers) Regulations (Cap. 40:02 Sub. Leg.)

   The provisions of the Town Council (Public Sewers) Regulations shall cease to apply to Lobatse Town Council.

FIRST SCHEDULE

(bye-law 17 (2))

ACCEPTABLE DISCHARGE LIMITS TO COUNCIL SEWER

 

Category 

 

Parameter 

Unit 

Acceptable 

Maxim 

Physical 

Temperature at point of entry 

°C 

0 "” 43 

43 

Electrical Conductivity 

mSm 

"” 

500 

 

pH (at 25°C) 

"” 

6.0 "” 9.5 

9.5 

 

Suspended Solids 

mg/l 

500 

1000 

 

Settleable Solids (60 minutes) 

mg/l 

"” 

50 

 

Fats, Oils and Grease (FOG) 

mg/l 

100 

250 

 

Caustic alkalinity (as CaCO3) 

mg/ 

"” 

2000 

Chemical 

Chemical Oxygen Demand (COD) 

mg/l 

500 

5000 

 

Phosphate (as P) 

mg/ 

"” 

30 

 

Ammonia (as N) 

mg/ 

"” 

100 

 

Chloride (as Cl) 

mg/l 

"” 

500 

 

Sodium (as Na) 

mg/ 

"” 

500 

 

Fluoride (as F) 

mg/l 

"” 

5.0 

 

Sulphates (as SO4 ) 

mg/ 

500 

1500 

 

Sulphide (as S) 

mg/l 

"” 

50 

 

Cyanide (as CN) 

mg/l 

"” 

20 

 

10 

Phenols (as C6H50H) 

mg/ 

"” 

50 

 

11 

Sugar Starch 

mg/ 

"” 

1500 

 

12 

Total Dissolved Solids (at 105 °C) 

mg/l 

"” 

4000 

 

13 

Volatile Solvents 

mg/l 

"” 

Nil 

Metals Gr 1 

Iron (as Fe) 

mg/ 

"” 

20 

 

Manganese (as Mn) 

mg/ 

"” 

20 

 

Total Chrome (as Cr) 

mg/l 

"” 

10 

 

Silver (as Ag) 

mg/l 

"” 

20 

 

Zinc (as Zn) 

mg/ 

"” 

20 

 

Nickel (as Ni) 

mg/l 

"” 

20 

 

Cobalt (as Co) 

mg/l 

"” 

20 

 

Titan (as Ti) 

mg/ 

"” 

20 

 

Tungsten (as W) 

mg/ 

"” 

20 

 

10 

Aluminum (as Al) 

 

"” 

20 

Metals Gr 2 

Arsenic (as As) 

mg/l 

 

 

 

Lead (as Pb) 

mg/l 

 

 

 

Copper (as Cu) 

mg/l 

 

 

 

Selenium (as Se) 

mg/l 

 

 

 

Cadmium (as Cd) 

mg/l 

 

 

 

Boron (as B) 

mg/l 

 

 

 

Molybdenum (as Mo) 

mg/l 

 

 

 

Total collective concentration of all metals in Group 1 shall not exceed 50mg/l

Total collective concentration of all metals in Group 2 shall not exceed 20mg/l

SECOND SCHEDULE
SEWERAGE FEES

(bye-law 13)

CATEGORY AND TYPE OF
SERVICE

CHARGES IN PULA

UNIT

REMARKS

1. SEWER CONNECTIONSCHARGES

CATEGORY

AMOUNT

   (a)   Serviced and un-serviced SHHA Plots

P500

Per Plot

Charged Once

   (b)   Small size plots (area up to 450m2)

P750

Per Plot

Charged Once

   (c)   Medium size plots (area 451 - 700m2)

P1000

Per Plot

Charged Once

   (d)   Multi-development (more than oneTown House/Flat in one plot

P750

Per Plot

Charged Once

   (e)   Large size plots area (area 701m2 and above)

P1200

Per Plot

Charged Once

   (f)   Civic and community plots (Church, school community centre, Day care centre, clinics etc

P2 000

Per Plot

Charged Once

   (g)   Commercial plots (Shops, Bars, Restaurants, Laundry, Filling Stations, Garages, Schools, Office etc)

P2 000

Per Plot

Charged Once

   (h)   Industrial (any type of industry including Hotels and Hospitals)

P3 000

Per Plot

Charged Once

2. COUNCIL VACUUM TANKER SERVICE

   (a)   SepticTank at Non-SHHA Plots in Non-SHHA areas

P100

Per 6m3 tanker load

Paidat Council Revenue Office in advance

   (b)   SepticTank at Non-SHHA Plots in Non-SHHA areas

P40

Per 2.5m3 tanker load

Paid at Council Revenue Office in advance

   (c)   SepticTank at SHHA Plots and Non-SHHA Plot in areas

P50

Per 6m3 tanker load

Paid at Council Revenue Office in advance

   (d)   SepticTank at Non-SHHA Plots in Non-SHHA areas

P20

Per 2.5m3 tanker load

Paid at Council Revenue Office in advance

   (e)   Pit Latrines

P20

Per 6m3 tanker load

Paid at Council Revenue Office in advance

   (f)   Pit Latrines

P8

Per 2.5m3 tanker load

Paid at Council Revenue Office in advance

3. PRIVATE VACUUM TANKER SERVICE

   (a)   Registration fee per tanker per year

P500

Each

Per annum

   (b)   Discharge fee at the treatment plant

P10

Perm3

Monthly invoice to Owner

4.YEARLY SEWERAGE SERVICE FEE

   (a)   Serviced and un-serviced SHHA Plots

P100

Per Plot

Plot Owners/occupier invoiced yearly

   (b)   Small size plots (area up to 450m2)

P150

Per Plot

As above

   (c)   Medium size plots (area 451-700m2)

P1000

Per Plot

Yearly invoice to owner

   (d)   Multi-development (more than one Town House/Flat in one plot

P750

Per Plot

Yearly invoice to owner

   (e)   Large size plots (area 701m2 and above)

P1500

Per Plot

Yearly invoice to owner

   (f)   Civic and community centre, Day care centre, clinics etc)

P1000

Per Plot

Yearly invoice to owner

   (g)   Commercial plots (Shops, Bars, Restaurants)

P1000

Per plot

Yearly invoice to owner

   (h)   Shopping Malls

P200

Per Unit

Invoiced yearly

      i.   Any type of shop

 

 

 

      ii.   Restaurant, shop with butchery, shop with cooking facility, and take away

 

 

 

   (i)   Lodge

P1000

Per plot

Yearly invoiced to plot owner/ occupier

   (j)   Hotel

 

 

 

      i.   Up to 50 rooms

P2500

Per hotel

Yearly invoice to plot owner/

      ii.   More than 50 rooms

P5 000

Per hotel

occupier

   (k)   Industrial Plot

 

 

 

      A.   With non-production activity/facility

P600

 

Owner invoiced yearly

      B.   With production activity/facility

 

 

<> i.   Discharge up to 3000m3 per month

P0.75

 

Quarterly metered invoice<>         ii.   Discharge between 3001-15,000m3 per month

P1

 

Quarterly metered invoice<>         iii.   Discharge above 15,000m3 per month

P60011.25

 

Quarterly metered invoice

5. REUSE OF TREATED EFFLUENT

   (a)   Bulk consumers with own conveyances

P0.6

Per m3

to be sent

   (b)   Consumers taping from Council facilities

P1.5

Per m3

to the consumer
Payment at LTC revenue

THIRD SCHEDULE

(bye- law 11)

APPLICATION FOR SEWER CONNECTION

LOBATSE TOWN COUNCIL

SEWERAGE DEPARTMENT TOWNSHIP SERVICE

DO>(To be filled in triplicate and forwarded to the Town Clerk, Lobatse Town Council, Private Bag 28, Lobatse )

DOI/we wish to apply for a sewer connectionto my/our plot. Details are as stated below: 

DO Date: ........................................... 

................................................................
Signature of applicant

 

PART A

 

NAME: ...................................................... 

Receipt No: .......................................... 

ADDRESS: .............................................. 

(Attach photocopy)    

.................................................... 

Date: .................................................... 

PLOT NO: ................................................. 

CONNECTION FEE: P ........................... 

EXT/BLOCK NO: ....................................... 

 

LOCATION: .............................................. 

 

CATEGORY OF PLOT: ............................. 

 

................................................................ 

 

AREA: .............................................. Sqm 

 

TELEPHONE NO.   :HOUSE: ................. 

 

OFFICE .................. 

 

 

PART B

Existing sanitary facility (if any) septic tank, pit latrine, aqua privy etc. (delete where necessary)

............................................................................................................................................

Distance of plot boundary to the nearest Council sewer ...........................................................

Inspection chamber invert level ...............................................................................................

Council manhole invert level ...................................................................................................

Distance in elevation between Council sewer and plot connection .............................................

PART C

Sewer connection fees for different sizes and categories of plots:

CATEGORY AND TYPE OF
SERVICE

CHARGES IN PULA

UNIT

REMARKS

SEWER CONNECTION CHARGES

CATEGORY 

AMOUNT

 

   (a)   Serviced and un-serviced SHHA Plots

P500

Per plot

Charged Once

   (b)   Small size plots (area up to 450m2)

P750

Per plot

Charged Once

   (c)   Medium size plots (area 451-700m2)

P1 000

Per plot

Charged Once

   (d)   Multi-development (more than one Town House/Flat in one plot

P750

Per plot

Charged Once

   (e)   Large size plots (area 701m2 and above)

P1 200

Per plot

Charged Once

   (f)   Civic and community plots (Church, school, community centre, Day care centre, clinics etc)

P2 000

Per plot

Charged Once

   (g)   Commercial plots (Shops, Bars, Restaurants, Laundry, Filling Stations, Garages, Schools, Office etc)

P2 000

Per plot

Charged Once

   (h)   Industrial (any type of industry including Hotels and Hospitals)

P3 000

Per plot

Charged Once

 

NOTE:

   1. Connections shall be subject to the following:

   (a)   Sewer connection will be made only after payment of the prescribed fees and obtaining a written approval from the Council.

   (b)   Provision of sewer connection is subject to the Statutory Instrument No 37 of 1982, Town Council (Public Sewer) Regulations 1982 and Lobatse Town Council Public Sewer Bye-Laws.

   (c)   The suitability of effluent to be discharged into council sewerage system.

   2. Cost of all works (excavation, materials, laying of pipes etc) will be borne by the applicant and should be done by a registered contractor under the supervision of the Council. Sketch of drainage installation and proposed connection to council sewer:

   3. Yearly sewerage maintenance/service fees will be payable as follows:

CATEGORY AND TYPE OF
SERVICE

CHARGES IN PULA

UNIT

REMARKS

YEARLY SEWERAGE SERVICE FEE

<IN:LF:0.622222,FI:-0.622222>   a.   Serviced and un-serviced SHHA Plots invoiced yearly

P100

Per plot

Plot Owners/occupier

<IN:LF:0.622222,FI:-0.622222>   b.   Small size plots (area up to 450m2)

P150

Per plot

Yearly invoice to owner

c.   Medium size plots (area 451-700m2)

Per plot

Yearly invoice to owner

<IN:LF:0.622222,RT:0,FI:-0.622222>   d.   Multi-development (more than one Town House/Flat in one plot

P750

Per plot

Yearly invoice to owner

<IN:LF:0.622222,RT:0,FI:-0.622222>   e.   Large size plots (area 701m2 and above)

P1 500

Per plot

Yearly invoice to owner

<IN:LF:0.622222,RT:0.176389,FI:-0.622222>   f.   Civic and community plots (Church, school, community centre, Day care centre, clinics etc)

P1 000

Per plot

Yearly invoice to owner

<IN:LF:0.622222,RT:0.420139,FI:-0.622222>   g.   Commercial plots (Shops, Bars, Restaurants)

P1 000

Per plot

Yearly invoice to owner

<IN:LF:0.622222,RT:0.0833333,FI:-0.622222>   h.   Shopping Malls

 

 

 

      i.   Any type of shop

P200

Per unit

Invoiced yearly

      ii.   Restaurants, shop with butchery, shop with cooking facility, and take away

 

 

 

<IN:LF:0.622222,RT:0,FI:-0.622222>   i.   Lodge

P1 000

Per plot

<IN:LF:0,RT:0.153472>Yearly invoiced to plot owner/ occupier

<IN:LF:0.622222,RT:0,FI:-0.622222>   j.   Hotel

 

 

 

      i.   Up to 50 rooms

P2 500

Per hotel

Yearly invoice to plot

      ii.   More than 50 rooms

P5 000

Per hotel

owner/occupier

<IN:LF:0.622222,RT:0,FI:-0.622222>   k.   ndustrial Plot

 

 

 

<IN:LF:0.622222,RT:0.0368056,FI:-0.622222>      A.   With non-production activity/facility

P600

 

Owner invoiced yearly

<IN:LF:0.622222,RT:0,FI:-0.622222>      B.   With production activity/facility

 

 

<>         i.   Discharge up to 3000m3 per month

P0.75

 

Quarterly metered invoice<>         ii.   Discharge between 3001-15,000m3

<IN:LF:0,RT:0.0736111>per month

<IN:LF:0,RT:0.0736111>1.00

<IN:LF:0,RT:0.0736111>Quarterly metered invoice<>         iii.   Discharge above 15,000m3

per month

1.25

Quarterly metered invoice

 

   4. All the above taffifs are subject to review.

   5. I / we have read the above and I / we agree to be bound by the conditions above

   Signature of Applicant: ..................................................................

   Date: ...........................................................................................

For official use only


Comments from the Council:


......................................................................................................................................


...................................................................................................................................... 

Received in Council by: ................................. 

Date: ................................................... 

Approved/Rejected: ..........................................


         For/TOWN CLERK 

Date: ...................................................

FOURTH SCHEDULE
INDUSTRIAL EFFLUENT DISCHARGE APPLICATION

(bye-law 17)

1.   Name of Company: ..........................................................................................................

2.   Postal Address: ...............................................................................................................

    .......................................................................................................................................

   Plot No: ............................................................................................................................

   Physical Location: .............................................................................................................

   Telephone number .............................................................................................................

3.   Contacts

   Managing Director: .............................................................................................................

   Production Manager: ...........................................................................................................

   Effluent Management Contact Person:

   .........................................................................................................................................

4.   Type of manufacturing or processing and the short description of the industry and the layout of sewerage facilities including proposed location of discharge of industrial effluent to sewer.

   .........................................................................................................................................

   .........................................................................................................................................

   .........................................................................................................................................

5.   Production volumes of the product .......................................................................................

   Weights or volumes (state units) .........................................................................................

   per year: ...........................................................................................................................

   Waste production per year ..................................................................................................

   Weights or volume (state units) ............................................................................................

6.   Water supply

   (a)   Estimated water to be purchased: .......................................................... m3 per month

   (b)   Water to be obtained from other sources-boreholes: ................................. m3 per month

   (c)   Water entering with raw product .............................................................. m3 per month

                                          TOTAL A ......................... m3 per month

7.   Water consumption

   (a)   Industrial

      (i)   Quantity of water in the end product .................................................. m3 per month

      (ii)   Quantity of water lost by evaporation ................................................. m3 per month

      (iii)   Quantity of water used as boiler make up .......................................... m3 per month

      (iv)   Water used for other applications (e.g. cooling, cleaning, washing, gardens, etc)

         ...................................................................................................... m3 per month

                                          TOTAL B ......................... m3 per month

   (a)   Domestic

      (i)   total number of employees (Allow 1m3/person/month) ......................... m3 per month

                                          TOTAL C ......................... m3 per month

8.   Effluent discharge to sewer:

   (a)   Metered volume (if known) ....................................................................... m3 per month

   (b)   Estimate unmetered volume (see * below) ................................................. m3 per month

   (c)   Discharge factor [ (A - (B+C))/A x 100] .......................................................%

   (d)   Estimate average rate of discharge .......................................................... m3 per month

   (e)   Estimate maximum rate of dischargem .................................................... m3 per month

   (f)   Periods of maximum discharge (e.g. 07:00 to 09:00)

      .................................................................................................................................

*In the event that no effluent meter is installed on the premises, the estimated volume of unmetered effluent discharged to sewer is calculated as follows:

         A - (B+C) =         m3 per month

9.   Location of public sewer into which it is / will be discharged .....................................................

   State name of street/area): ....................................................................................................

10.    If wastes are not discharged to public sewer

   to where are they discharged or treated? ................................................................................

11. Indicate period of shut-downs for annual maintenance .............................................................

12. Furnish a flow diagram indicating the different streams of wastewater.
   (Please attach detailed diagrams on an A4 page)

13. Details/Drawings of the existing/proposed wastewater pre-treatment, storage/recycling and discharge:

      (Please attach detailed diagram)

14. State the loading of the effluent (and attach Certificate of Analysis)

 

COD 

___________________ mg/1 as O2 

Total Suspended Solids 

___________________ mg/1 

Settleble solids (60 minutes) 

___________________ mg/1 

Total Dissolved Solids 

___________________ mg/1 

PH 

___________________ mg/1 

Temperature 

___________________ °C 

Sulphate 

___________________ mg/1 as SO4 

Ammonia 

___________________ mg/1 as N 

Cynanide 

___________________ mg/1 as CN 

Total Phosphates 

___________________ mg/1 as P 

Chloride 

___________________ mg/1 as C1 

Nitrate 

___________________ mg/1 as N 

Oil, fats and grease 

___________________ mg/1 

Sulphide 

___________________ mg/1 as S 

Chromium 

___________________ mg/1 as Cr 

Cadmium 

___________________ mg/1 as Cd 

Mercury 

___________________ mg/1 as Hg 

Phenols 

___________________ mg/1 

Arsenic 

___________________ mg/1 as As 

Boron 

___________________ mg/1 as B 

Copper 

___________________ mg/1 as Cu 

Zinc 

___________________ mg/1 as Zn 

Lead 

___________________ mg/1 as Pb 

Selenium 

___________________ mg/1 as Se 

Manganese 

___________________ mg/1 as Mn 

Nickel 

___________________ mg/1 as Ni 

Iron 

___________________ mg/1 as Fe 

Sodium 

___________________ mg/1 as Na 

Cobalt 

___________________ mg/1 as Co 

Other industry specific analysis 

 

 

.......................................................... 

 

.......................................................... 

 

.......................................................... 

 

.......................................................... 

 

.......................................................... 

 

..........................................................

 

 

15. Description for methods of handling any solid waste and/or sludge from industrial processes 

..........................................................
..........................................................
..........................................................


.......................................................... 

16. State the safety precautions for the storage of the oil and chemicals such kerb walls 

..........................................................
..........................................................
.......................................................... 

17. Describe precautions taken to prevent storm water, surface wash water entering sewers 

..........................................................
..........................................................


.......................................................... 

18. Is the expansion of the industry planned or seen? If so, when? To what extent will the expansion increase the volume or change the quality of the industrial effluent discharge? 

..........................................................
..........................................................
..........................................................
..........................................................
..........................................................

 

19. Any other information

   ........................................................................................................................................

   ........................................................................................................................................

   ........................................................................................................................................

   ........................................................................................................................................

20. Conditions of acceptance of industrial effluent:

   This application shall only be granted on the applicant's undertaking to observe the following terms and the conditions and any other further special reasonable conditions which the Council may deem fit to impose:

   (a)   The applicant shall annex hereto descriptions and a statement of the dimensions of grease and oil traps, screens, neutralising tanks and any other provisions made for the pretreatment of effluent before it s discharged to the sewer.

   (b)   The applicant submits plans showing the reticulation systems on his premises for domestic wastewater and industrial effluent.

   (c)   The applicant shall comply with the provisions of the Council's drainage and Plumbing by-laws concerned with the protection of its and the Council's employees from injury and its sewers and wastewater treatment plants from damage.

   (d)   The applicant shall notify the Council as soon as possible of any material alterations in the nature of the quality and quantity of the effluent specified in this application or to any information supplied herein.

   (e)   The applicant shall within 14 days from the day of this application procure a representative sample (two litres) of the industrial effluent to be discharged in to the sewer. This sample shall be free from domestic sewage. One half of this sample shall be submitted to the Council for analysis. Said sample shall be accompanied by a report of analysis made on the other half of the sample by a quality assured laboratory approved by the council.

   (f)   In case of a newly established industry, the period specified above may, at the discretion of the Council, be extended for a period considered reasonable.

   (g)   The applicant hereby agrees that industrial effluent standards and tariffs will be adhered to, and will enter in industrial Trade Effluent Agreement with the Council.

   (h)   The applicant hereby declares and warrants that the information supplied by him in this application is, to the best of his knowledge and belief, correct.

   (i)   The applicant agrees that he information contained in this application shall form the basis on which the council grants this application.

      Applicant Name:       .......................................................................................

      Position:         .......................................................................................

      Date:         .......................................................................................

NOTE: Drawings/information to include with application

   "¢   General layout of the factory

   "¢   Water supply and sewer reticulation systems

   "¢   Storm water drainage

   "¢   Effluent quality analysis

   "¢   Effluent Quality Management Plans

   "¢   Other safety precautions

Name of Respondent ....................................... Signature .....................................................

   Title/Position ...................................................................................................................

   Date: ...............................................................................................................................

   This is done and signed at .......................... this .................. day of ...................................

 

..........................................
FOR INDUSTRY 

.........................................................
      FOR LTC 

Printed Name: ...................................... 

Printed Name: ...................................... 

Position/Post: ....................................... 

Position/Post: ....................................... 

Postal address: ................................... 

Postal address: ................................... 

               .................................... 

               .................................... 

               .................................... 

 

Pysical address: .................................. 

Pysical address: .................................. 

               .................................... 

               .................................... 

            .......................................... 

            ..........................................

 

 

<IN:LF:0.00694444,RT:1.24306>Witnesses


<IN:LF:0.00694444,RT:1.24306>First Witness 

<IN:LF:0.00694444,RT:0> 

<IN:LF:0.00694444,RT:0>...............................................
Signature 

<IN:LF:0.00694444,RT:0>...............................................
Signature 

<IN:LF:0.00694444,RT:0>...............................................
Printed Name 

<IN:LF:0.00694444,RT:0>...............................................
Printed Name 

<IN:LF:0.00694444,RT:0>...............................................
Occupation 

<IN:LF:0.00694444,RT:0>...............................................
Occupation

 

ESTABLISHMENT OF THE SOWA TOWN COUNCIL ORDER

(reg 4)

(14th October, 2009)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the Sowa Town Council

   3.   Filling of vacancies

   4.   Functions to be performed by council

 

S.I. 26, 1991.
S.I. 92, 2009,
S.I. 136, 2014.

 

1.   Citation

   This Order may be cited as the Establishment of the Sowa Town Council Order.

 

2.   Constitution and establishment of the Sowa Town Council

   (1) There is hereby established a town council, to be known as as the Sowa Town Council, in respect of the area defined in the Schedule to the Declaration of Sowa Township Order.

   (2) The Sowa Town Council shall consist of eight nominated Members.

   (3)The nominated members of the Sowa Town Council shall be appointed by the Minister by writing under his hand.

 

3.   Filling of vacancies

   If a seat of a member of the council becomes vacant,the vacancy shall be filled in accordance with the provisions of paragraph 2 (3).

 

4.   Functions to be performed by council

   The Sowa Town Council shall perform the functions set out in regulation 1 of the First Schedule to the Town Councils Regulations and may perform any or all of the remaining functions set out in the said First Schedule.

LOBATSE TOWN COUNCIL (PUBLIC STANDPIPES) BYE-LAWS

(under regulations 34 and 35*)

(3rd June, 1983)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Supervision of public standpipes

   4.   Supply of public standpipe water to residents, etc.

   5.   Supply of public standpipe water to other persons

   6.   Restrictions on use of public standpipe water

   7.   Extinguishing fires

   8.   Power to withhold supply of public standpipe water

   9.   Inspection of public standpipes

   10.   Waste or misuse of public standpipe water

   11.   Damage to public standpipes

   12.   Prohibition of pollution

 

S.I. 67, 1983.

 

1.   Citation

   These Bye-laws may be cited as the Lobatse Town Council (Public Standpipes) Bye-laws.

 

2.   Interpretation

   In these Bye-laws-

   "authorized officer" means the Town Clerk or a person authorized by him under bye-law 3;

   "designated area" means an area within the township which has been allocated to persons for occupation in respect of which a certificate of rights or a temporary occupancy permit has been issued;

   "public standpipe" means a water supply point in a designated area intended for use by persons residing in that area;

   "Town Clerk" means the Town Clerk of the town council;

   "town council" means the Lobatse Town Council;

   "unauthorized connection or attachment" means a connection or attachment made without the written permission of the town council.

 

3.   Supervision of public standpipes

   The Town Clerk may, in writing, from time to time authorize any officer or employee of the town council to inspect and supervise the use of public standpipes.

 

4.   Supply of public standpipe water to residents, etc.

   (1) No person shall draw water or cause water to be drawn from a public standpipe unless he resides within the designated area in which the standpipe is located or has the written authority of the Town Clerk to draw from the standpipe.

   (2) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month.

 

5.   Supply of public standpipe water to other persons

   (1) Notwithstanding bye-law 4, a person who is not resident or authorized as therein provided may draw water or cause water to be drawn from a public standpipe but shall not, within any one period of 24 hours, draw water or cause water to be drawn-

   (a)   more than once from the same standpipe; or

   (b)   from more than one standpipe located in the same designated area.

   (2) No person shall supply water drawn from a public standpipe to another person who is forbidden by bye-law 4 from himself drawing water from that standpipe except-

   (a)   for consumption by that other person; or

   (b)   with the written permission of the Town Clerk.

   (3) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month.

 

6.   Restrictions on use of public standpipe water

   (1) No person shall, without the written permission of the Town Clerk, draw water or cause water to be drawn from a public standpipe or supply water so drawn to another person for use or use water so drawn outside the designated area in which the standpipe is located.

   (2) No person shall use water drawn from a public standpipe for any purpose other than a domestic purpose or for a purpose specified in a written permit issued to him by the Town Clerk.

   (3) The town council may from time to time-

   (a)   limit the quantity of water which may be drawn from a particular public standpipe;

   (b)   by notice published by public exhibition at its principal office and at the principal post office within the township, prohibit the drawing of water from a particular public standpipe for any purpose specified in the notice; or

   (c)   by written notice served on any person, prohibit the use by that person and by any other persons subject to his control of water drawn from a public standpipe for any purpose specified in the notice.

   (4) No person shall draw water or cause water to be drawn from a public standpipe or use water so drawn in contravention of the terms of any prohibition imposed by the town council under this bye-law.

   (5) Any person who contravenes this bye-law shall be guilty of an offence and liable to a fine not exceeding P10 or in default of payment to imprisonment for a term not exceeding one week.

   (6) No fine or sentence of imprisonment imposed in respect of an offence under this bye-law shall prejudice the right of the town council to recover the appropriate charge for any water unlawfully drawn from a public standpipe.

 

7.   Extinguishing fires

   Notwithstanding the other provisions of these Bye-laws, any person may draw water or cause water to be drawn from any public standpipe or supply water so drawn to any other person or use water so drawn anywhere for the purpose of extinguishing a fire.

 

8.   Power to withhold supply of public standpipe water

   Without prejudice to its right to recover any amount due to it, the town council may turn off or curtail the supply of public standpipe water to any designated area where-

   (a)   the persons resident therein or some of them have failed to pay any service levy or to comply with these Bye-laws,

   (b)   any repair, maintenance or extension of the water system is required; or

   (c)   a general water shortage occurs in the township.

 

9.   Inspection of public standpipes

   (1) The Town Clerk shall ensure that every public standpipe is regularly inspected by an authorized officer for-

   (a)   unauthorized connections of attachments thereto; and

   (b)   any waste or misuse of water.

   (2) It shall be the duty of authorized officers generally to supervise the proper use of public standpipes.

   (3) No person shall make any unauthorized connection or attachment to a public standpipe, an authorized officer shall, if it is-

   (a)   a first transgression, remove the connection or attachment and return it forthwith to the person responsible therefor together with a written warning;

   (b)   a second transgression-

      (i)   remove the connection or attachment and cause it to be placed in the temporary custody of the town council;

      (ii)   issue a written warning to the person responsible for the connection or attachment within three days of its removal and permit it to be released to him; and

      (iii)   require the person responsible for the connection or attachment to sign a written acknowledgement to the effect that a further transgression will constitute an offence and require confiscation of the connection or attachment in question; or

   (c)   a third transgression, confiscate the connection or attachment and the person responsible therefor shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month.

   (4) Any person who hinders or obstructs or uses abusive or insulting language to an authorized officer in the performance of his duties under this bye-law shall be guilty of an offence and liable to a fine not exceeding P100 or in default of payment to imprisonment for a term not exceeding three months.

 

10.   Waste or misuse of public standpipe water

   Any person who wilfully or negligently wastes or misuses or causes or allows to be wasted or misused any water drawn from a public standpipe shall be guilty of an offence and liable to a fine not exceeding P10 or in default of payment to imprisonment for a term not exceeding one week.

 

11.   Damage to public standpipes

   (1) Any person who tampers with or wilfully or negligently causes damage to a public standpipe or to any appliance or equipment in connection therewith shall be guilty of an offence and liable to a fine not exceeding P100 or in default of payment to imprisonment for a term not exceeding three months.

   (2) No fine or sentence of imprisonment imposed in respect of an offence under this bye-law shall prejudice the right of the town council to recover the cost of effecting any repair or replacement arising from damage to a public standpipe.

 

12.   Prohibition of pollution

   Any person who pollutes or causes the pollution of public standpipe water or allows any foul liquid, gas or other noxious matter to enter any pipe or fitting connected with a public standpipe shall be guilty of an offence and liable to a fine not exceeding P50 or in default of payment to imprisonment for a term not exceeding one month.

LOBATSE BUS TERMINUS (OPERATION) BYE-LAWS

(under regulations 34 and 35*)

(22nd May, 1987)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Registration of buses

   4.   Parking

   5.   Buses not to park continuously for 12 hours

   6.   Repairs at bus terminus

   7.   Failure to comply with bye-law 6

   8.   Non-liability for loss

   9.   Sale of unclaimed vehicles

   10.   Obligation to comply with directions

   11.   Penalties

 

S.I. 60, 1987.

 

1.   Citation

   These Bye-laws may be cited as the Lobatse Bus Terminus (Operation) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "council" means the Lobatse Town Council;

   "bus" means any omnibus used for the transportation of members of the general public for payment.

 

3.   Registration of buses

   No bus owner shall operate in Lobatse without having registered his bus and provided the council with his time schedule showing arrival and departure times.

 

4.   Parking

   (1) No bus shall be parked at any place other than at the bus terminus or at designated halts.

   (2) Parking fees of P1 00 for each entry into the bus terminus shall be payable in advance and non-payment of such fees shall be sufficient reason for not admitting a bus into the terminus.

 

5.   Buses not to park continuously for 12 hours

   An owner of a bus parked at the terminus for a longer period than 12 hours shall be liable to a charge of P1 per hour until the bus is removed either by the owner or the council authorities.

 

6.   Repairs at bus terminus

   No repairs shall be conducted at the bus terminus and any broken down bus must be removed within 24 hours of the vehicle's arrival.

 

7.   Failure to comply with bye-law 6

   Failure to comply with bye-law 6 shall empower the council to tow the vehicle to the council yard, from whence it shall only be released to the owner upon payment of all costs incurred by the council and a charge of P2 per day for the period it was kept in the yard.

 

8.   Non-liability for loss

   The council shall not be liable for any loss or damage to any vehicle detained in accordance with bye-law 7.

 

9.   Sale of unclaimed vehicles

   Any bus not claimed from the council yard within a period of three months from the date of its detention shall be sold by public auction to defray expenses.

 

10.   Obligation to comply with directions

   All bus owners and drivers shall comply with such directions as may be given by the council employees empowered in that behalf.

 

11.   Penalties

   Any person contravening the provisions of these Bye-laws shall be liable on first conviction to a fine not exceeding P10 or 14 days imprisonment in default of payment, and on a second or subsequent conviction to a fine not exceeding P20 or 30 days' imprisonment in default of payment.

JWANENG TOWN COUNCIL (ABATTOIR) BYE-LAWS

(under regulations 34 and 35*)

(19th October, 1990)

ARRANGEMENT OF BYE-LAWS

   BYE-LAWS

 

   1.   Citation

   2.   Interpretation

   3.   Tariff of charges

   4.   Hours of entry

   5.   Delivery of animals

   6.   Penning, care, feeding and treatment of animals

   7.   Diseased animals

   8.   Unpenning restricted

   9.   Condemnation of carcasses of certain animals

   10.   Slaughtering

   11.   Authority of manager

   12.   Cleanliness and hygiene

   13.   Restrictions on slaughter

   14.   Place for slaughter and dressing of animals

   15.   Manner of slaughtering

   16.   Time for flaying and dressing

   17.   Carcasses to be marked after slaughter

   18.   Deceptive dressing prohibited

   19.   Soiled meat to be condemned

   20.   Examination of animals, carcasses, etc.

   21.   Concealment of diseased or injured parts prohibited

   22.   Marking of healthy carcasses, etc.

   23.   Removal of meat, etc., from abattoir restricted

   24.   Introduction of meat into Council area restricted

   25.   Condemnation of meat

   26.   Appropriation of meat, etc.

   27.   Human diseases or injuries

   28.   Disposal of animals of unclaimed or disputed ownership

   29.   Exclusion of dogs, cats, birds, etc.

   30.   Placing of vehicles

   31.   Exclusion of children from slaughtering, etc.

   32.   Spitting, smoking, etc., prohibited

   33.   Exclusion of intoxicating liquor and intoxicated persons

   34.   Removal of animals or carcasses without permission prohibited

   35.   Offence and penalties

S.I. 103, 1990,
S.I. 41, 1992,
S.I. 88, 1999.

 

1.   Citation

   These Bye-Laws may be cited as the Jwaneng Town Council (Abattoir) Bye-Laws.

 

2.   Interpretation

   In these Bye-Laws, unless the context otherwise requires:

   "abattoir" means the Council abattoir, and shall include the area set aside by the Council for such purpose and demarcated as such, together with any building, space, pen, enclosure and lairage therein;

   "animals" means and includes any bull, ox, cow, heifer, steer, calf, sheep, lamb, goat, kid, pig or other quadruped used for the food of man;

   "authorized veterinary surgeon" means a veterinary surgeon approved by the Director of Veterinary Services;

   "Council" means the Jwaneng Town Council;

   "Council Area" means the area as defined in the Schedule to Statutory Instrument 51 of 1979;

   "manager" means the person appointed by the Council to perform the functions of manager of the abattoir or any person appointed by the Council to act in his stead;

   "meat" means the flesh and bone of any slaughtered animal whether in its natural state or subjected to any freezing, chilling or other preservative process, and shall also include sausages, chopped or minced meat or any other meat similarly prepared;

   "meat inspector" means a person appointed by the Council after consultation with the Director of Veterinary Services for the purposes of examining any slaughtered animal intended for human consumption;

   "Medical Officer" means a medical practitioner appointed by the Director of Medical Services to act as medical officer in respect of the Jwaneng Town Council;

   "offal" means and includes the head, horns, feet, tail, heart, lungs, liver, kidneys, spleen, stomach, intestines and other internal organs of any slaughtered animal;

   "slaughterman" means a person appointed as such by the Council.

 

3.   Tariff of charges

   (1) The following fees shall be paid to the Council for services rendered or facilities provided at the abattoir-

   (a)   Use of abattoir for slaughtering, including lairage and water, inspection and stamping of meat, use of hanging hall and power saw-

 

P

t

 

      Ox

23

00

      Sheep, lamb or goat

6

00

      Pig

12

00

   (b)   charges per day for use of freezer-

 

P

t

 

      Ox

5

00

      Sheep, lamb or goat

1

00

      Pig

2

00

   (c)   cutting charges-

 

P

t

 

      Ox

60

00

      Sheep, lamb or goat

10

00

      Pig

10

00

   (2) The Council shall not be responsible for the safe custody or feeding of any animal placed in the abattoir lairages or for the safe keeping or preservation of any meat left in the abattoir after slaughter, and all contracts for the use of the abattoir or facilities thereat, whether in writing or not, shall be deemed to be entered into on that basis unless specific provision to the contrary is made therein.

 

4.   Hours of entry

   (1) The abattoir shall be open for the receiving of and slaughtering of animals during the hours prescribed by resolution of the Council.

   (2) No person shall, without first obtaining permission from the manager, enter the abattoir premises or any part thereof before the prescribed hours of opening, or remain on such premises after the prescribed closing hours, or after being requested by the manager to leave.

   (3) Without the permission of the manager, no person shall enter the abattoir premises or any part thereof unless on lawful business connected therewith.

 

5.   Delivery of animals

   (1) Every person who delivers any animal to the abattoir shall, on entering, hand to the manager or other duly authorized official a correct written statement of the number and description of the animals and of the name of the owner thereof and shall, if so requested by such official, furnish such further information as may be reasonably required to facilitate identification.

   (2) The owner or person in charge of any animal so delivered shall have it marked with a distinguishing mark approved by the manager so that it can be easily and quickly identified.

   (3) The same identification mark shall always be used by or on behalf of each owner, and such mark shall be registered in a register provided for the purpose.

   (4) The owner, or person in charge, of any bull or other dangerous animal shall, when bringing such animals to the abattoir, either have it conveyed in a suitable vehicle in which it shall be securely bound and tied up, or led by means of a chain or rope of sufficient strength.

 

6.   Penning, care, feeding and treatment of animals

   (1) The owner or person in charge of any animal brought into the abattoir, except draught animals, shall pen it as and where provided by the manager.

   (2) Every owner or person in charge of any animal within the abattoir shall ensure that such animal is properly cared for and is provided with sufficient suitable food and water:

   Provided that no person shall overfeed or give salt to any animal while in the abattoir.

   (3) If the manager discovers that any animal within the abattoir has been without food and water for a period exceeding 48 hours, or if he is requested so to do by the owner or person in charge of any animal within the abattoir, he may cause such animal to be fed and watered and the Council may recover the cost thereof from the owner or person in charge.

   (4) No person shall permit any animal in the abattoir, whether awaiting slaughter or in the process of slaughter, to be treated with any but the utmost care, or permit any cruelty or any unnecessary suffering to any animal. The manager may, in his discretion, take summary measures to prevent any unnecessary suffering or cruelty to animals.

 

7.   Diseased animals

   (1) No person shall knowingly bring, or cause or permit to be brought, into the abattoir any animal suffering from any infectious or contagious disease unless with special permission of an authorized veterinary surgeon.

   (2) No person found guilty of contravening this bye-law shall, by virtue of having paid the penalty prescribed for such contravention, be absolved from any liability to make good to the Council any expenses incurred in cleaning and disinfecting the abattoir premises and for any losses occasioned by his action.

   (3) The manager may refuse to admit into the abattoir any animal suffering from any infectious or contagious disease and, if he has reasonable grounds for suspecting that any animal already admitted or for which admission is sought is suffering from any such disease, he may require or cause such animal to be examined by an authorized veterinary surgeon.

   (4) The manager, may, after obtaining the opinion of an authorized veterinary surgeon, cause or order any animal which is found to be diseased, or which has been in contact with an infected or suspected animal, to be slaughtered at a place set apart for the slaughtering of diseased animals. If after slaughter the carcase is found to be fit for human consumption, the carcase shall be returned to the owner or person in charge thereof but, if it is found to be diseased and unfit for human consumption, it shall be seized and condemned.

 

8.   Unpenning restricted

   No person shall without the permission of the manager or any authorized official unpen any animal, unless for the purpose of removing to the waiting pen or slaughter chamber.

 

9.   Condemnation of carcasses of certain animals

   The carcass of any animal dying within the abattoir otherwise than by slaughter, or arriving dead at the abattoir, or of any animal less than 14 days old, shall be condemned, seized and destroyed as unfit for human consumption. Skins of animals condemned under this bye-law may be released to the owner at the discretion of an authorized veterinary surgeon.

 

10.   Slaughtering

   (1) No person shall slaughter or cause to be slaughtered at the abattoir any animal without the prior consent of the manager.

   (2) No person shall, without the written consent of an authorized veterinary surgeon, a Medical Officer or the manager, slaughter any animal intended for human consumption at any place within the Council area other than the abattoir.

   (3) Slaughtering in accordance with a written consent referred to in paragraph (2) shall take place only at such hours and in such manner as are prescribed in these Bye-laws.

   (4) An authorized veterinary surgeon may, if he deems fit, authorize in writing the slaughter of any animal or animals at any place outside the abattoir in cases where, on account of religious requirements or of injuries received by any animal or for any other cause, it is considered impracticable, inadvisable or undesirable to have the animal removed to the abattoir. In every such case the owner of the animal or other person or persons responsible shall comply with any condition imposed by the authorized veterinary surgeon and shall also conform with the requirements of these Bye-laws.

 

11.   Authority of manager

   (1) Every person employed at, or making use of any facilities provided in, the abattoir shall comply with all lawful instructions given by the manager, and any person failing to comply with such instructions may, in addition to being liable to prosecution for a contravention of this bye-law, be required by the manager to leave the abattoir premises forthwith.

   (2) No person shall interfere with or obstruct the manager or any of his staff or cause any disturbance within the abattoir, and any person who so interferes or obstructs or causes any disturbance may, in addition to being liable to prosecution for a contravention of this bye-law, be removed from the premises.

 

12.   Cleanliness and hygiene

   (1) Every person engaged in any duties at the abattoir, or making use of any facilities therein shall observe strict cleanliness in his person and attire and shall at all times wear a clean butchering coat or overall of a design approved by Medical Officer and made of a washable material.

   (2) Every slaughterman shall keep a special suit of clothes made of washable material and shall wear such suit while engaged in slaughtering any animal or dressing any carcass and for no other purpose, and shall wash such suit daily to ensure its cleanliness.

   (3) No person shall hang up or deposit or cause or permit to be hung up or deposited any article of wearing apparel in any room or enclosure in which meat is slaughtered, dressed or prepared for use as food for human consumption.

 

13.   Restrictions on slaughter

   (1) No bull, bullock, cow, heifer, steer, pig, sheep, lamb or goat shall be slaughtered on the day it enters the abattoir:

   Provided that the owner or person in charge of any animal which, on arrival at the abattoir, is found to be suffering from any serious injury, shall cause such animal to be slaughtered as soon as possible after arrival after having notified the manager and obtained his consent.

   (2) No person shall slaughter for human consumption any calf, lamb, kid, pig or other animal unless it is at least 14 days old, is fully developed and is in a well nourished condition.

   (3) No person shall without the consent of the manager, slaughter or cause to be slaughtered any animal which appears to be heavy in young or which is on the point of giving birth to young.

 

14.   Place for slaughter and dressing of animals

   No person shall slaughter or dress any animal in any part of the abattoir premises except in the place specially appointed and set apart for such purpose.

 

15.   Manner of slaughtering

   (1) Every person engaged in the slaughtering of animals shall, before proceeding to slaughter, cause the head of the animal to be securely held or fastened to ensure that such animal shall be slaughtered as quickly and with as little pain as possible.

   (2) No person shall slaughter or permit or suffer to be slaughtered in the abattoir any animal, the flesh which is intended to be used as human food, except by shooting with the humane killer:

   Provided that the requirement of this paragraph shall not be enforced in the case of animals slaughtered for the use of Mohammedans or Jews.

   (3) Slaughtering under Jewish or Mohammedan rites shall be executed and superintended by members of the Jewish or Mohammedan faith respectively approved by the manager, and every such person shall in every respect comply with the requirements of the manager under these Bye-laws:

   Provided that nothing in these Bye-laws shall interfere with the ceremonies or killing under Jewish or Mohammedan rites, and so long as all unnecessary cruelty is avoided.

   (4) Every person shall in the process of slaughtering any animal use only such instruments, appliances and methods as may be approved by the manager with the object of ensuring the infliction of as little pain or suffering as practicable.

 

16.   Time for flaying and dressing

   No person shall commence to flay or dress any slaughtered animal unless the flow of blood has ceased and all signs of life are extinct. Thereafter, however, the flaying or dressing shall be completed without delay.

 

17.   Carcasses to be marked after slaughter

   As soon as possible after an animal has been slaughtered and flayed, the slaughterman shall clearly brand or mark the carcass with the registered mark of the owner of the animal.

 

18.   Deceptive dressing prohibited

   No person shall inflate, stuff or dress any carcass or any portion thereof with the object of giving it a deceptive appearance.

 

19.   Soiled meat to be condemned

   All meat, fat and offal which becomes soiled by the contents of the alimentary tract shall be condemned as unfit for human consumption:

   Provided that if, in the opinion of an authorized veterinary surgeon or any meat inspector, the above-mentioned soiling may be removed by cutting away the soiled portions, the said surgeon or inspector may authorize this to be done and any meat, fat or offal so treated shall if not otherwise unfit, be deemed to be fit for human consumption.

 

20.   Examination of animals, carcasses, etc.

   (1) No person shall remove from the immediate vicinity of the carcass of any animal slaughtered at the abattoir any portion of the hide, flesh, bone, fat or feet or of the internal organs or entrails until they have been duly examined and dealt with by a meat inspector.

   (2) Immediately after an animal has been slaughtered and dressed, it shall be examined and stamped as hereinafter provided and the slaughterman and his assistants shall then remove the stamped carcass and deposit it in the part of the abattoir set aside for such purpose:

   Provided that no person shall deposit any carcass or portion thereof in such part of the abattoir unless and until it has been stamped.

   (3) An authorized veterinary surgeon or any meat inspector may inspect and examine any animal brought into the abattoir premises for slaughter for human consumption for the purpose of ascertaining whether it be diseased, unsound or in any way unfit for human consumption.

   (4) A meat inspector shall examine, handle and cut into the carcass and offal of every animal which has been slaughtered at the abattoir immediately after it has been dressed, for the purpose if ascertaining whether it is diseased, unsound, unwholesome or in any way unfit for human consumption.

   (5) In no case shall any examination of carcass, meat or offal be made except by daylight.

   (6) Any animal found to be diseased, unsound or in any way unfit for human consumption upon inspection or examination under paragraph (3) shall be dealt with in accordance with bye-law 7(4).

   (7) The carcass of every animal condemned under bye-law 7(4) and any part of the carcass or offal of a slaughtered animal which has been found under paragraph (4) to be diseased, unsound, unwholesome or in any way unfit for human consumption shall be destroyed at the abattoir by the manager or under his direction.

 

21.   Concealment of diseased or injured parts prohibited

   No person shall cut away remove or otherwise attempt to conceal any diseased or injured part of any slaughtered animal, whether slaughtered at the abattoir or not, unless he shall have obtained the permission of a meat inspector so to do.

 

22.   Marking of healthy carcasses, etc.

   (1) The meat inspector shall brand or stamp with the official mark of the Council in such places and in such ways as he may deem advisable or necessary all carcasses, meat and offal submitted for examination and passed as healthy, wholesome, sound, and fit for human consumption.

   (2) No person other than an official duly authorized thereto, shall stamp or mark or attach to or impress on any meat or offal any official brand or mark or any similar marking, and no person shall attach to or impress on any meat or offal any forged brand or mark or any brand or mark intended or liable to deceive the public or to induce the belief that such meat or offal has been inspected and approved under these Bye-laws or slaughtered at the abattoir.

 

23.   Removal of meat, etc., from abattoir restricted

   (1) No person shall, without the permission of the manager, remove or cause to be removed from the abattoir any meat or offal unless and until it has been examined, approved and stamped in accordance with these Bye-laws.

   (2) No person shall remove from the abattoir, without the express permission of the manager, any fat or offal unless and until it has been washed and cleaned to the satisfaction of a meat inspector.

 

24.   Introduction of meat into Council area restricted

   No person shall introduce into the Council area for sale any carcass or any butcher's meat of animals (other than game) slaughtered outside the Council area unless such animals have been slaughtered at an abattoir approved by the Council.

 

25.   Condemnation of meat

   (1) An authorized veterinary surgeon or a meat inspector shall seize and condemn any carcass, meat, fat or offal which, as a result of examination is found to be diseased, unsound, unwholesome or unfit for human consumption.

   (2) Any carcass, meat, fat or offal seized and condemned shall upon a certificate by an authorized veterinary surgeon, be destroyed, or alternatively it may, at the owner's risk, be treated, in such manner as the authorized veterinary surgeon may decide, to render it fit for human consumption.

   (3) Nothing contained in these Bye-laws shall preclude any person mentioned in paragraph (1) from taking action in terms of this bye-law in respect of any meat or offal which, although marked or branded as approved under these Bye-laws, is subsequently found to be diseased, unsound, unwholesome or otherwise unfit for human consumption.

   (4) No compensation shall be paid for any meat, carcass or animal which has been condemned, seized and destroyed.

 

26.   Appropriation of meat, etc.

   (1) All meat (except such carcasses as may be held in the freezer unit) which is not removed from the abattoir premises before closing time on the day on which the animal from which it was taken was slaughtered, may be taken possession of by the manager and destroyed or treated on behalf of the Council and sold to defray expenses.

   (2) All blood, refuse, condemned carcasses or portions of condemned carcasses shall become the property of the Council.

 

27.   Human diseases or injuries

   (1) No person knowingly suffering from any notifiable infectious or contagious disease, who has within twelve hours previously been knowingly exposed to infection from any such disease, shall engage in the slaughter of animals, dressing of carcasses or handling or conveyance of meat intended for human consumption, nor shall any employer permit any person in his employment who is so suffering or who has been so exposed to infection to be so engaged unless he has obtained the prior written permission of the Medical Officer.

   (2) The Medical Officer shall have the power to examine (which may include examination of the blood) any person engaged in the slaughtering of animals, the dressing of carcasses or handling or conveyance of meat whenever he deems it necessary to do so for the purpose of ascertaining whether such person is suffering from any disease or condition liable to contaminate the meat, as a result of which serious consequences to the health of others may occur, and may prohibit any such person found to be so suffering from being so engaged until he has been again examined and certified by a medical practitioner to be free from such disease or condition.

   (3) Any person engaged in work within the abattoir having any cuts, grazes or abrasions shall have such injuries covered by a clean, waterproof dressing.

 

28.   Disposal of animals of unclaimed or disputed ownership

   The manager may slaughter or cause to be slaugtered any animal in the abattoir which may be unclaimed or as to the ownership of which there is a dispute, and shall, in the case of any such slaughter, dispose of the carcass thereof on behalf of the Council. On ascertaining the rightful owner, the Council shall pay to him the full proceeds of such sale less the amount of any and all expenses and charges incurred in respect of such animal.

 

29.   Exclusion of dogs, cats, birds, etc.

   No person shall bring onto the abattoir premises, or permit to enter or remain thereon, any dog, cat or other animal or any birds which feed on offal, and the manager may remove or cause to be removed from the abattoir any such animal or bird found thereon by such means as he deems advisable.

 

30.   Placing of vehicles

   All vans, lorries, wagons, carts and other vehicles brought into the abattoir shall stand in such places as the manager shall appoint.

 

31.   Exclusion of children from slaughtering, etc.

   No child under the age of 14 years shall at any time be admitted to any part of the abattoir where slaughtering or dressing is taking place:

   Provided that such child can be admitted with the prior permission of the manager and when under the supervision of an adult.

 

32.   Spitting, smoking, etc., prohibited

   No person shall expectorate, smoke, or commit any nuisance in any part of the abattoir premises where carcasses are slaughtered, inspected or kept.

 

33.   Exclusion of intoxicating liquor and intoxicated persons

   No person shall bring, or cause, or permit to be brought any malt liquor, traditional beer, whether manufactured or home brewed, or any intoxicating liquor of any kind on to any part of the abattoir premises and no intoxicated person shall enter or be permitted to enter or remain on such premises.

 

34.   Removal of animals or carcasses without permission prohibited

   No person shall remove from the abattoir any animal, alive or dead, or the carcass of any animal or meat or offal or any thing pertaining to an animal without the prior permission of the manager.

 

35.   Offences and penalties

   (1) Any person who contravenes any of these Bye-laws, or any direction or prohibition duly given in terms thereof, shall be guilty of an offence and liable on first conviction to a fine of P50 and on any subsequent conviction to a fine of P100.

   (2) Any person who, being the holder of a butchery or restaurant licence and who is convicted under this bye-law, shall forfeit the right to make use of the abattoir for a period of 2 months.

JWANENG TOWN COUNCIL (POUND) BYE-LAWS

(under regulations 34 and 35*)

(13th September, 1991)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Establishment of pound

   3.   Appointment of poundmaster

   4.   Financing of pound

 

S.I. 110, 1991.

 

1.   Citation

   These Bye-laws may be cited as the Jwaneng Town Council (Pound) Bye-laws.

 

2.   Establishment of pound

   The Jwaneng Town Council shall establish a pound to be situated and operated within the limits of the township.

 

3.   Appointment of pound master

   The Jwaneng Town Council shall appoint a pound master, and such other persons as may be necessary for the proper conduct of the pound in accordance with the provisions of the Pounds Act.

 

4.   Financing of pound

   All moneys received by the poundmaster in terms of the Pounds Act shall be paid into the funds of the Jwaneng Town Council, and all costs incurred in operating the pound, and all moneys lawfully expended by the poundmaster shall be paid by the Council.

SOWA TOWNSHIP (DOGS) BYE-LAWS

(regs 34 and 35)

(19th February, 1993)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Barking, etc., of dogs and bitches in season

   4.   Troublesome, dangerous or infected dogs

   5.   Detention and destruction of abandoned or diseased dogs

   6.   Licensing of dogs

   7.   Offences and penalties

 

S.I. 10, 1993,
S.I. 29, 2010.

 

1.   Citation

   These Bye-laws may be cited as the Sowa Township (Dogs) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "authority" means the township authority for Sowa Township;

   "dog" includes a bitch;

   "public place" includes any road, street, thoroughfare, bridge, foot pavement, open space or park and any enclosed space to which the public is admitted within Sowa Township;

   "rabies certificate" means a certificate signed by a veterinary officer within a period of three years prior to its production, stating that the dog has been vaccinated against rabies and that it was six months or more in age at the time of vaccination.

 

3.   Barking, etc., of dogs, and bitches in season

   (1) No person shall permit the continual barking or whining of a dog owned by him or in his custody, so as to disturb the comfort of any inhabitants of Sowa Township.

   (2) No person shall allow any bitch owned by him or in his custody to be at large at such times as she is on heat or in season.

 

4.   Troublesome, dangerous or infected dogs

   (1) No person shall allow any troublesome, ferocious or dangerous dog owned by him or in his custody, or any dog owned by him or in his custody which is suffering from a contagious or infectious disease, to be at large off the premises on which such animal is normally kept.

   (2) Any person who keeps any dog of the nature described in subbye-law (1) shall display at the principal entrance of the property where the dog is kept, a legible sign reading "BEWARE OF THE DOG" or "TSHABA NTSA".

 

5.   Detention and destruction of abandoned or diseased dogs

   (1) An employee of the authority authorised thereto by the Chief Executive Officer may detain and remove to kennels or other premises owned by the authority any dog which is at large, or not under the control of any person in a public place.

   (2) Where any dog detained under the provisions of subbye-law (1) is not claimed by or on behalf of its owner within a period of two weeks of such detention, it shall be deemed to be abandoned and, in such event it may be destroyed or otherwise disposed of as the authority may decide:

   Provided that the authority may authorise the destruction of a dog before the expiration of the aforesaid period of two weeks where it has reason to believe it is suffering from any infectious or contagious disease of a serious nature and that the destruction of the dog is necessary for the purpose of controlling the spread of such disease.

   (3) Subject to the provisions of subbye-law (2), the owner of any dog detained under the provisions of this bye-law, may claim such dog on payment of a fee of P10 for each day during which the dog has been detained.

 

6.   Licensing of dogs

   (1) No person shall keep a dog over the age of six months in Sowa Township unless it is licensed in terms of this bye-law:

   Provided that:

   (a)   a dog shall be required to be licensed within four weeks of its attaining the age of six months;

   (b)   a dog brought into Sowa Township during the course of a calendar year shall be required to be licensed within a period of four weeks from the date when it was so brought in.

   (2) The licensing officer of the authority shall-

   (a)   upon application for a dog licence by the owner of the dog;

   (b)   on production of a rabies certificate relating to the dog; and

   (c)   on payment of a fee of P20,

issue a licence which shall be valid for 12 months.

   (3) A licence issued under the provisions of this bye-law shall be in the form of a metal or plastic badge.

   (4) No person shall permit any dog which is required to be licensed under the provisions of this bye-law to be at large unless it is wearing a dog collar to which a current licence issued under the provisions of this bye-law is affixed, and any dog at large in the township which is not wearing such a collar or licence may be detained and dealt with under and in accordance with the provisions of bye-law 5.

   (5) Where a dog licence issued under the provisions of this bye-law has been lost, the licensing officer may issue a duplicate thereof on payment of a fee of P1.

 

7.   Offences and penalties

   Any person contravening any provision of these Bye-laws shall be guilty of an offence and shall be liable to a fine of P100 or, in default of payment, to imprisonment for two months.

SOWA TOWNSHIP AUTHORITY (GENERAL) BYE-LAWS

(sections 6 and 6A*)

(26th March 2010)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

PART I
Preliminary

   1.   Citation

   2.   Interpretation

 

PART II
Health and Sanitation

   3.   Latrines

   4.   Mosquitoes and pests

   5.   Prevention of accumulation of refuse

   6.   Refuse receptacle and removal fees

   7.   Swimming pools and fish ponds

   8.   Overcrowding

 

PART III
Livestock and Other Animals

   9.   Keeping of livestock

   10.   Troublesome or dangerous animals

   11.   Bees, pigeons and poultry

   12.   Powers of Authority

   13.   Disposal of carcasses of dead animals

 

PART IV
Streets

   14.   Naming of streets

   15.   Numbering of houses

   16.   Hoardings

   17.   Bills, posters, placards or advertisements

   18.   Trees

 

PART V
Fire Control Measures

   19.   Accumulation of inflammable or combustible materials

   20.   Grass, rushes or reed fences

   21.   Storing of inflammable, combustible or explosive substances

   22.   Burning of grass, refuse or rubbish

   23.   Fire-fighting appliances in public buildings

   24.   Attendance of fire brigade at fires

 

PART VI
Food Premises

   25.   Construction and use of food premises

   26.   Construction of bakeries

   27.   Construction of butcheries and fishmongers' shops

   28.   Operation of bakeries

   29.   Operation of butcheries and fishmongers' shops

   30.   Personal cleanliness

   31.   Health of employees

   32.   Conveyance, handling, storage and sale of foodstuffs

   33.   Canned food

 

PART VII
Miscellaneous

   34.   Noise and nuisance

   35.   Collection for charity

   36.   Protection of common property

   37.   Barbed wire fences

 

S.I. 95, 1996,
S.I. 32, 2010.

PART I
Preliminary (bye-laws 1-2)

 

1.   Citation

   These Bye-laws may be cited as Sowa Township Authority (General) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "approved" means approved by duly authorised officer of the Authority;

   "Authorised officer" means an employee of the Authority duly authorised in writing, by the Authority to perform the duties under these Bye-laws;

   "Authority" means the Sowa Township Authority;

   "baker"means any person who carries on the business of selling whether by wholesale or retail, bakery products baked or made by such person;

   "bakery" means any premises on which is carried on any of the processes of or incidental to baking or the manufacture or storage of bakery products for use by persons other than those residing on the premises;

   "bakery products" includes bread, biscuits, rolls, tarts, cakes, pies, confectionery or sweet meats;

   "business premises" means any premises which are used or intended to be used as a place of trade or industry;

   "butcher" means any person who sells or exposes for sale or supplies butcher's meat for human consumption;

   "butchery" means any premises used for the purpose of carrying on the business of a butcher;

   "butchers' meat" means the flesh or offal of any animal intended for human consumption or any products manufactured therefrom, but does not in- clude canned or potted meats, biltong, ham, sausages, bacon, salted and other prepared meats, fish, poultry or venison;

   "dwelling" means any house, room, shed, hut or any other structure, plan or any portion which is used by any human being for sleeping in or in which any human being dwells;

   "food" means any thing than drugs or water, which is ordinarily used or intended to be used for human consumption;

   "food premises" means any premises which are used or intended to be used as a place for the preparation, manufacture, keeping, storing, depositing, conveying, handling and exposing for sale of food;

   "latrine" means any building, erection or place adapted or constructed for the use of human beings for the purposes of defecation or urination;

   "livestock" means any domestic bovine animal, goat, sheep, swine, horse, donkey or mule;

   "occupier" means, in relation to any lot or premises-

   (a)   any person in actual occupation of such lot or premises and having charge or management thereof; or

   (b)   in the event of the lot or premises being occupied by anybody other than an employee of the person having charge or management thereof, any person having such charge or management;

   "owner" means, in relation to-

   (a)   any animal, in addition to its ordinary meaning, any person having the charge, custody or control of any animal and the occupier of any premises where any animal is kept or permitted to remain; or

   (b)   any lot or premises, the person in whose name the title to such lot or premises is registered and includes an agent of the owner or any person receiving or entitled to receive rent in respect of such lot or premises;

   "poultry" means any fowl, turkey, goose or duck;

   "premises" means any building or part thereof, store, shop tenement or other erection above or below the ground and the land used or occupied in connection therewith;

   "stable" includes a cowshed, stall, pen or sty;

   "street" means any road, lane, footpath, pavement, thoroughfare or public place extending in width from the boundary of any lot or area of land and includes any work or thing forming part of or connected with such street;

   "Township area" means the area under the jurisdiction of the Sowa Township Authority;

   "veterinary surgeon" means a person duly registered as such under the provisions of the Veterinary Surgeons Act;

   "waste-water" means any discharge of a non-excremental nature from any waste-water fitment, gully trap, grease trap or laundry.

PART II
Health and Sanitation (bye-laws 3-8)

 

3.   Latrines

   (1) The owner of any premises within the Township shall-

   (a)   provide proper and sufficient latrine accommodation for all persons residing or employed in the premises;

   (b)   provide a minimum of one latrine for every 15 persons residing or employed in the premises.

   (2) A person shall not defecate within the township area other than in a latrine.

   (3) The Authority may, by notice in writing served on the owner or occupier of any premises within the Township area, prohibit the use of any latrine on those premises which by reason of faulty construction or neglect or from any other cause has, in the opinion of the Authority, become or is likely to become a nuisance or a danger to public health until such nuisance or danger has been abated to the satisfaction of the Authority.

   (4) An owner or occupier on whom notice has been served under subbye- law (3) shall take every reasonable step to ensure that the notice is complied with all the time.

   (5) A person who contravenes-

   (a)   subbye-law (1) commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months;

   (b)   subbye-law (2) commits an offence and is liable to a fine of P200 or in default of payment to imprisonment for a term not exceeding two months.

 

4.   Mosquitoes and pests

   (1) An owner or occupier of any lot or premises within the Township area shall, in respect of such lot or premises-

   (a)   maintain every water receptacle, such as a tank, cistern, cask, pail and other contrivance in which water is stored or retained for any period in excess of 24 hours covered so as to prevent the ingress and breeding of mosquitoes or other pests;

   (b)   keep guttering and drainpipes in good repair and condition and shall not allow such guttering and drainpipes to be in such condition as to collect water and prevent it from readily flowing away;

   (c)   ensure that no tin, bottle or other refuse, or article capable of holding water is thrown out or allowed to remain on any such lot or premises;

   (d)   ensure that every receptacle for the collection of slop water or household refuse is kept adequately covered.

   (2) A person who contravenes this bye-law commits an offence and is liable to a fine of P250 or in default of payment to imprisonment for a term not exceeding three months.

 

5.   Prevention of accumulation of refuse

   (1) For the purposes of this bye-law "refuse" means any garbage, excreta, night soil, filth stops, waste water, yard flushing, stable litter, rubbish, garden or kitchen refuse, dirt or crockery or glass, tins, cartons, plastic containers, and includes any derelict machinery or vehicle or part thereof.

   (2) A person shall not place, pour, throw or leave on any lot or premises or street or other public place any refuse that could endanger the health or interfere with the comfort of the inhabitants of the Township.

   (3) A person who contravenes the provisions of subbye-law (2) commits an offence and is liable to a fine of P500 or in default of payment to imprison- ment for a term not exceeding six months.

   (4) Without prejudice to any prosecution for contravention of this bye-law, and notwithstanding any penalty which may be imposed under these bye-laws for such contravention, an authorised officer may order any person who contravenes the provisions of subbye-law (2) to remove or dispose of any refuse which is the subject of the contravention in such manner as the authorised officer may specify, and, if that person refuses to obey the authorised officer, the Authority may forthwith remove or dispose of the refuse at that person's expense and such expense shall be a civil debt due to the Authority recoverable in any court of competent jurisdiction.

 

6.   Refuse receptacle and removal fees

   (1) An occupier of premises in the Township Authority area shall, within 14 days of the service upon him or her of a notice in writing requiring him or her to do so, provide a sufficient number of suitable refuse receptacles, for the reception of refuse upon such premises.

   (2) An occupier shall cause such receptacle to be covered at all times except when refuse is being deposited in or discharged from such receptacle.

   (3) An occupier shall cause all refuse receptacles in use on his or her premises and covers thereof to be kept as clean as practicable and maintained in good order and condition.

   (4) The Authority shall perform refuse removal services throughout the entire Township Authority area as often as circumstances warrant and the fee charged shall be such as may be determined from time to time by resolution of the Authority.

 

7.   Swimming pools and fish ponds

   (1) A person occupying premises on which is situated at swimming pool or fish pond shall take such precautions as may be required by the Authority to prevent the breeding of mosquitoes in such swimming pool or fish pond and shall ensure that the water contained therein is always fresh and free from unpleasant or insanitary matter.

   (2) A person who contravenes subbye-law (1) commits an offence and is liable to a fine of P250 or in default of payment to imprisonment for a term not exceeding three months.

 

8.   Overcrowding

   A room in any dwelling shall not be used for human habitation unless there is provided for every person over the age of 14 years 11.33 cubic metres of air space and 3.7 square metres of floor space, and for every person below the age of 14 years 8.50 cubic metres of air space and 2.79 square metres of floor space.

PART III
Livestock and Other Animals (bye-laws 9-13)

 

9.   Keeping of livestock

   (1) A person who keeps any livestock on any residential plot without the written consent of the Authority commits an offence and is liable to a fine of P200 or in default of payment to imprisonment for a term not exceeding two months.

   (2) The Authority may prohibit the use of any stable, cowshed, pen or site which in the opinion of the Authority is unfit, undesirable or objectionable by reason of its locality, construction, condition or manner of use.

 

10.   Troublesome or dangerous animals

   (1) A person shall not allow any wild, troublesome, ferocious or dangerous animal or reptile to be at large off the premises on which such animal is normally kept.

   (2) A person who contravenes subbye-law (1) commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

 

11.   Bees, pigeons and poultry

   (1) A person shall not keep any bees, pigeons or poultry so as to disturb the comfort of the inhabitants of the Township.

   (2) A person who contravenes this bye-law commits an offence and is liable to a fine of P100 or in default of payment to imprisonment for a term not exceeding one month.

 

12.   Powers of Authority

   The Authority may order the seizure and detention of any livestock, poultry, monkey, carnivorous wild animal or reptile found at large within the Township area, and if such animal is not claimed within seven days after seizure, the Authority may order its sale or destruction.

 

13.   Disposal of carcasses of dead animals

   (1) Subject to the provisions of subbye-law (2), a person shall not dispose of the carcass of any dead animal within the Township area except in a place approved by the Authority.

   (2) The provisions of subbye-law (1) shall not apply to the burial by a person within a lot under his or her control, of the carcass of any dog, cat, or other small pet animal.

   (3) Except that-

   (a)   the carcass shall be buried deeply enough to prevent the escape of any offensive odour or the digging up of the carcass by scavenging animals, and to prevent any hazard to health;

   (b)   in the event of the death of the animal being caused by an infectious disease, the burial shall not take place except with the consent of a medical practitioner or veterinary surgeon;

   (c)   if the place where the carcass is buried is marked as a grave, this must be done, or shielded from view, so as not to be offensive to the religious or other susceptibilities of the neighbours, and if these conditions are not complied with, the Authority may give such directions as may be necessary to secure compliance, or may order that the carcass be dug up and disposed of in some other place or manner.

   (4) A person who contravenes subbye-law (1) commits an offence and is liable to a fine of P100 or in default of payment to imprisonment for a term not exceeding one month.

PART IV
Streets (bye-laws 14-18)

 

14.   Naming of streets

   (1) The Authority may name or alter the name of any street.

   (2) The Authority may from time to time, at its own expense, paint upon or affix to any building or erect in any street, within the township, a sign bearing the name of that street.

 

15.   Numbering of houses

   (1) The Authority may from time to time allot a number to a house or building in any street for the purpose of distinguishing such house or building and may from time to time alter such number as it may consider necessary to do so.

   (2) The owner of any house or building to which a number has been allotted by the Authority shall affix or paint the number so allotted in a conspicuous place facing onto the street in which such number has been allotted and shall maintain such number in good order and condition so as to be clearly legible from the other side of the street onto which it faces.

 

16.   Hoardings

   (1) Subject to the provisions of subbye-law (3) this bye-law shall not apply to hoardings which form a temporary part of any building operation or which can be put up as a temporary measure to shield any works in progress or to protect the public from any hazard arising from work in progress nor to any hoarding erected on privately-owned premises for the purpose of advertising the said premises for sale.

   (2) A person shall not, without the written consent of the Authority, erect within the township any hoarding.

   (3) A person who erects any hoarding within the Township without the written consent of the Authority commits an offence and is liable to a fine of P100 or in default of payment to imprisonment for a term not exceeding one month.

   (4) The Authority may withhold its consent to the erection of a hoarding if it considers that the proposed hoarding-

   (a)   will be a distraction or visual obstruction to traffic, or will in any way interfere with free movement of traffic, including pedestrians;

   (b)   is objectionable in substance, presentation or scale;

   (c)   will spoil the appearance of any improved or developed area set aside for industrial development, or any beauty-spot, park or recreational area; or

   (d)   will be offensive to any occupier of residential premises adjacent to or looking upon the site of the proposed hoarding.

   (5) The Authority may charge fees for permission to erect and maintain hoardings on any street or other public place within the Township area.

   (6) The Authority may itself erect hoardings and may permit the use thereof and of any walls or other suitable fixtures being the property of the Authority by any person to display any bill, poster, placard or advertisement and may charge fees for such use.

   (7) The fees mentioned in subbye-laws (5) and (6) shall be determined from time to time by resolution of the Authority and a separate rate may be specified in respect of illuminated hoardings or signs.

   (8) A person who fails to pay any fee charged under this bye-law commits an offence and is liable to a fine of P200 or in default of payment to imprisonment for a term not exceeding two months.

   (9) If any person-

   (a)   erects a hoarding in contravention of this bye-law;

   (b)   refuses to remove any hoarding within a reasonable time when required to do so by the Authority; or

   (c)   fails to pay any fee chargeable under this bye-law, the Authority may, without prejudice to any prosecution of an offence against these bye-laws, remove the hoarding which is the subject of the contravention at the expense of that person, and such expense shall be a civil debt due to the Authority recoverable in any court of competent jurisdiction.

 

17.   Bills, posters, placards or advertisements

   (1) A person shall not, without the written consent of the Authority, display within the Township area any bill, poster, placard or advertisement.

   (2) The Authority shall withhold its consent only if it considers the display of the bill, poster, placard or advertisement to be a distraction to motorists or objectionable in substance, presentation or scale.

   (3) Where the Authority grants its consent, a person granted such consent shall pay a refundable fee of P300 which shall be refunded upon the removal of the bill, poster, placard or advertisement by such person on a date that the Authority shall specify in the consent.

   (4) Notwithstanding the provision of subbye-law (1), a person who holds a licence to trade within the Township may display any bill, poster, placard or advertisement inside the premises to which the licence applies.

   (5) Any bill, poster, placard or advertisement which has been erected in the Township area without the Authority's consent or to which the Authority objects may be removed by the Authority.

   (6) A person who displays any bill, poster, placard or advertisement within the Township without the written consent of the Authority commits an offence and is liable to a fine of P100.

 

18.   Trees

   (1) A person shall not fell or damage any tree or shrub in any street or public place except with the written consent of the Authority.

   (2) A person who contravenes this bye-law commits an offence and is liable to a fine of P100 or in default of payment to imprisonment for a term not exceeding one month.

PART V
Fire Control Measures (bye-laws 19-24)

 

19.   Accumulation of inflammable or combustible materials

   (1) The owner or occupier of any lot or premises shall take every reasonable precaution to prevent the accumulation or deposit of straw, wood, paper or other inflammable or combustible material on the lot or premises which could cause damage or danger from fire to any person, animal or building or to any adjacent property.

   (2) Where, in the opinion of the Authority an owner or occupier has allowed the accumulation of deposit of straw, wood, paper or other inflammable or combustible material on his or her lot or premises, the Authority may, by notice in writing to such owner or occupier, order the occupier or owner to remove such accumulation within a period of not less than three days, which period shall be stipulated in such notice, and it shall thereupon be the duty of the owner or occupier to do so.

   (3) A person who accumulates inflammable or combustible materials on his or her property commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

 

20.   Grass, rushes or reed fences

   (1) If, in the opinion of the Authority, any fence of grass, rushes or reeds is erected in such a position or is allowed to fall into such a state of disrepair that it gives rise to a danger of fire spreading therefrom to any buildings, the Authority may, by notice in writing, order the fence to be removed and the owner, or in his or her absence, the occupier of the premises upon which the fence is situated, shall remove the fence.

   (2) A person who contravenes this bye-law commits an offence and is liable to a fine of P100 or in default of payment to imprisonment for a term not exceeding two weeks.

 

21.   Storing of inflammable, combustible or explosive substances

   (1) A person shall not, without the written permission of the Authority, store any inflammable, combustible or explosive substance on any premises.

   (2) Subbye-law (1) shall not apply to-

   (a)   petrol, paraffin, methylated spirits or other such inflammable substance which is used for household purposes of not more than a total of 22.73 litres stored in a closed-top container or other approved receptacle at a person's place of residence or place of business;

   (b)   fuel contained in the fuel tank of any motor vehicle;

   (c)   liquor which a person may store at his or her place of residence or business;

   (d)   petrol, paraffin, methylated spirits, oil, or other such inflammable substance which is stored at a garage, service station or petrol filling station.

   (3) In granting permission in terms of subbye-law (1) the Authority may impose such conditions as it considers necessary.

   (4) A person who contravenes subbye-law (1) commits an offence and is liable to a fine of P250 or in default of payment to imprisonment for a term not exceeding three months.

 

22.   Burning of grass, refuse or rubbish

   (1) A person shall not burn or set fire to any grass, refuse, rubbish or other material on any private property unless the person-

   (a)   is the owner of the property or has the permission of the owner or occupier of the property;

   (b)   takes every reasonable precaution to avoid any annoyance to owners or occupiers of adjoining properties; and

   (c)   ensures that no buildings are endangered by the burning of such grass, refuse, rubbish or other material.

   (2) A person who contravenes this bye-law commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

 

23.   Fire-fighting appliances in public buildings

   (1) The owner of any hall, shop, offices or other building to which the public has access shall, if required by the Authority, provide such building with portable fire extinguishers at the rate of one fire extinguisher for every 232.25 square metres or part thereof.

   (2) The owner of any such building shall fix any extinguisher which he or she is required to provide in a conspicuous and easily accessible position and shall maintain the extinguisher in good working order.

   (3) A person who contravenes this bye-law commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

 

24.   Attendance of fire brigade at fires

   (1) In the event of a fire brigade attending upon any fire within the township, the officer in charge of the fire brigade party shall have full control over the property on fire and over such other property as he or she may consider to be in danger for the purposes of taking such reasonable measures as he or she may consider necessary to prevent the spread of and to extinguish the fire.

   (2) In exercising his or her powers under subbye-law (1), the officer in charge of the fire brigade-

   (a)   shall have the right of entry to any property and may by himself or herself or through any person under his or her control break into, through, take possession of, or pull down buildings, but shall take every reasonable care to do as little damage as possible;

   (b)   shall have the right of access to any hydrant, pipe, cistern, borehole or otherwater supply and shall be entitled to other water supply and to draw water from such points of supply;

   (c)   may himself or herself, or through any person under his or her control, divert, stop or regulate traffic in the vicinity of the fire; and

   (d)   may temporarily close any street, passage, thoroughfare or greenway in the vicinity of the fire.

PART VI
Food Premises (bye-laws 25-33)

 

25.   Construction and use of food premises

   (1) A person shall not erect or occupy any food premises within the Township area unless-

   (a)   the premises are constructed of brick, concrete or other approved material;

   (b)   the internal faces of the walls are tiled, or plastered with a cement plaster and the surface is brought to a smooth face and painted with three coats of oil paint or washable distemper or other approved decoration to a height of not less than 1.83 metres;

   (c)   the floors are, unless otherwise provided in these Bye-laws, of concrete; or of wood ventilated to prevent dryrot and rendered impervious to rodents;

   (d)   the height of walls from floor to ceiling are not less than 3.05 metres;

   (e)   the premises are provided with a dustproof ceiling;

   (f)   every room is lighted and ventilated by a window or windows of an area not less than one-tenth of the floor area and capable of being opened to at least one-twentieth of the floor area of such room or alternatively an approved system of forced ventilation or air conditioning is provided;

   (g)   the premises are provided with a supply of clear hot and cold water and washing facilities to enable employees to keep clean and washing- up facilities to enable every utensil, storage facility, linen and protective clothing to be kept clean.

   (2) Food premises shall not be used for sleeping accommodation and no portion of such premises shall communicate by door, window or otherwise with any sleeping or living room.

   (3) A person who contravenes this bye-law commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

 

26.   Construction of bakeries

   (1) Without prejudice to bye-law 25, a person shall not erect or occupy any bakery within the Township area unless-

   (a)   a portion of the bakery is underground, except that with the written consent of the Authority an underground room may be used as a store provided that no articles other than those specified in such written consent shall be stored in the underground room;

   (b)   the floors are of smooth, impervious material;

   (c)   no door or window opening which communicates with a bakery is less than 3.05 metres from any latrine;

   (d)   the doors of the bakehouse are self-closing and all doors and windows are provided with effective fly-screens;

   (e)   the opening of the oven furnace is not situated in any room or any place where any foodstuffs are handled and is situated at least 1.83 metres from the nearest part of any door or window of the bakery;

   (f)   a dressing room is provided in which the overalls of the employees can be kept in a clean and sanitary condition and such a room shall be separate from any place where utensils or foodstuffs are handled or stored.

   (2) A person who contravenes this bye-law commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

 

27.   Construction of butcheries and fishmongers' shops

   (1) Without prejudice to bye-law 25 a person shall not erect or occupy any butchery or fishmonger's shop within the Township area unless-

   (a)   no door or window opening in any room in which butcher's meat or fish is stored, handled or placed for sale is less than 3.05 metres from any latrine;

   (b)   the floor is of cement or concrete at least 7.62 centimetres in thickness and topped with granolithic or other impervious material at least 1.90 centimetres in thickness;

   (c)   the doors are self-closing and every door and window is provided with effective fly-screens;

   (d)   cold rooms, compartments or cupboards are provided for the storage of meat or fish and such cold rooms, compartments or cupboards are operated constantly at a temperature of not more than 7.2 degrees centigrade.

 

28.   Operation of bakeries

   (1) A person carrying on the trade of a baker in the Township area shall-

   (a)   cause every inside wall and ceiling of the bakery to be kept in a clean and sanitary condition with three coats of oil paint, or washable distemper or other approved equivalent-

   Provided that-

      (i)   where oil paint is used it shall be renewed at least once in every five years or as often as required by the Authority,

      (ii)   where washable distemper is used it shall be renewed at least once in every 12 months,

      (iii)   if any of the portion of the walls is tiled, it shall be sufficient to wash such portion with hot water and soap to ensure adequate cleanliness,

   (b)   keep every part of his or her bakery and every vessel and utensil, cart and other vehicle, sack, basket and other receptacle used in connection with the preparation, conveyance and storage of bakery products in a clean and wholesome state;

   (c)   ensure that all persons employed in the bakery are clean and dressed in clean overalls while so employed;

   (d)   maintain a supply of soap and clean towels for the use by every person employed in the bakery;

   (e)   take all practical measures to maintain his or her premises from rodents, flies, cockroaches and other insects;

   (f)   provide means of protecting every bakery product by glazed or flyscreened show cases or cabinets from contamination by dust, dirt or flies, while exposed for sale, or by means of closed or covered containers or vehicles when in the course of conveyance in any public thoroughfare;

   (g)   cause the floor of the bakehouse to be washed daily.

   (2) A baker shall mix all dough, batter or paste by means of approved mixing machine except that a baker may mix by hand any dough, batter or paste in a quality not exceeding 4.536 kilograms in weight in a suitable mixing utensil for confectionery purposes.

   (3) A bakery shall not use or permit to be used soiled paper or soiled material of any description for the purpose of covering or wrapping bakery products.

   (4) A person who contravenes this bye-law commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

 

29.   Operation of butcheries and fishmongers' shops

   (1) A butcher or fishmonger shall not keep or allow to be kept in, or allow to enter into his or her shop or the premises, any live animal or bird except that poultry intended for slaughter and sale may be kept in such place as may be approved in writing by the Authority.

   (2) A person carrying on the trade of a butcher or fishmonger in the Township area shall-

   (a)   keep every part of his or her shop in good order and repair and in a clean and sanitary condition;

   (b)   keep thoroughly clean every knife and other instrument and appurtenance, machinery and vehicle used in cutting or handling or moving butchers' meat or fish;

   (c)   provide receptacles of galvanized iron or other non-absorbent material and with close-fitting covers for collecting and conveying from the shop refuse;

   (d)   ensure that every person employed in the shop or delivering the butchers' meat or fish are clean and dressed in clean overalls while performing his or her duties;

   (e)   maintain a supply of soap and clean towels for the use of by every person employed in the shop.

 

30.   Personal cleanliness

   (1) A person employed in any premises where food is handled or offered for sale shall wash his or her hands with soap and water before commencing work.

   (2) A person in any food premises shall expectorate or blow his or her nose into a handkerchief or a tissue and dispose of it in a sanitary way.

   (3) A person shall not smoke in the mixing room, kneading room or baking room of any bakery, or in any place where such smoking is likely to defile foodstuffs deposited or exposed for sale.

   (4) A person who contravenes this bye-law commits an offence and is liable to a fine of P300 or in default of payment to imprisonment for a term not exceeding two months.

 

31.   Health of employees

   (1) An employer shall not permit any person suffering from any infectious or contagious disease tobe employed in or about any food premises and on the occurrence of any such disease amongst any of the persons employed or residing on such premises the employer shall immediately report such occurrence to the Authority.

   (2) A person who contravenes this bye-law commits an offence and is liable to a fine of P300 or in default of payment to imprisonment for a term not exceeding two months.

 

32.   Conveyance, handling, storage and sale of foodstuffs

   (1) A person shall not convey or deposit or cause to be conveyed or deposited or exposed for sale any foodstuffs in an unwholesome, unclean or offensive manner or in such a way as to be unnecessarily or improperly exposed to contamination and no person shall stand, sit or recline on any foodstuff which is being conveyed or has been deposited or is exposed for sale.

   (2) All bakery products shall be covered in plastic or waxed paper before leaving the bakery premises for any purpose.

   (3) A person shall not load onto or transport in any vehicle any carcass if such vehicle contains blood, viscera, intestines or offal and no person shall convey any carcass unless it is completely covered with a clean covering.

   (4) A person shall not sell, expose for sale or deliver any butchers' meat in the Township area unless such meat has been obtained from a slaughterhouse or place approved in writing by the Authority.

   (5) A person shall not slaughter any animal for human consumption in the Township area except at such slaughterhouse or approved place.

   (6) Every vehicle used for the conveyance of meat shall be constructed of or lined with an impervious substance and shall be maintained in good repair and provided with covering to protect the meat therein from contamination by dust or flies, and no person shall convey meat in a vehicle which does not comply with this subbye-law.

   (7) Every utensil, including a tray, bin and other container, and knife, forks and other tools used for handling or storing foodstuffs shall be constructed of stainless steel, galvanized sheet iron, plastic or other non-corrosive and non-staining material and a person shall not handle or store any foodstuffs with tools or in containers which do not comply with this subbye-law.

   (8) A person who sells, exposes for sale or delivers fruit, vegetables, bakery products or other foodstuffs shall protect such foodstuffs from dust and flies.

   (9) A person who loads or unloads meat shall wear clean protective clothing including overalls and headgear.

   (10) A person shall not sell, expose for sale or deliver any bakery products in the Township area unless such bakery products have been obtained from a bakery approved in writing by the Authority.

   (11) All foodstuffs shall be completely wrapped and a person who sells any foodstuffs shall not deliver the same wrapped in a newspaper or in any soiled or previously used wrapping paper.

   (12) A person who contravenes this bye-law commits an offence and is liable to a fine of P1 000 or in default of payment to imprisonment for a term not exceeding eight months.

 

33.   Canned food

   (1) A person shall not sell, prepare, keep, transmit or expose for sale any meat, fish, fruit, vegetables, jam, condensed milk or any other article of food which is packed in a hermetically sealed tin or other airtight receptacle if such tin or receptacle is-

   (a)   blown so that there is unnatural bulging of the flat or concave side or ends of the container or so that gas escapes on puncturing;

   (b)   extensively rusted;

   (c)   damaged so that it leaks or otherwise becomes unsealed or shows evidence of having been punctured and having had the puncture resealed.

   (2) A person who contravenes this bye-law commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

PART VII
Miscellaneous (bye-laws 34-37)

 

34.   Noise and nuisance

   (1) A person shall not-

   (a)   operate or cause or permit to be operated any wireless, musical instrument, loudspeaker, record player, amplifier or similar device to the annoyance of the occupants or inmates of any premises in the neighbourhood;

   (b)   operate any wireless, musical, loudspeaker, record player, amplifier or other similar devices for the purpose of advertising in any street, place or premises without the prior consent of the Authority;

   (c)   continue to make any loud or unseemingly noise or disturbance either by shouting, screaming or yelling, or by blowing a horn or any instrument or by beating any drum or other instrument so as to annoy, disturb or interfere with the rest, peace or tranquility of the inhabitants of the neighbourhood, after having been requested to desist by any member of the Botswana Police Service, any person authorised by the Authority or any person so annoyed, disturbed or inconvenienced;

   (d)   continue to ring any bell or sound any horn or blow any whistle or use any noisy instrument or shout in any market square, street, park or public place for the purpose of attracting customers, or hawk, sell or distribute any article or thing whatsoever to the annoyance, disturbance, or inconvenience of any person who uses such market square, street, park or public place, after having been requested to desist by any member of the Botswana Police Service, any person authorised by the Authority or any person so annoyed, disturbed or inconvenienced;

   (e)   between the hours of 0000 and 0730 carry on any business, trade or industry involving the use of machinery which by reason of the noise created by it is offensive or constitutes a nuisance or which disturbs the peace or tranquility of the inhabitants of the neighbourhood; or

   (f)   between the hours of 1700 and 0730 sing in any public place, or on any property in such manner as to be heard outside the confines of such property, and thereby disturb the peace or tranquility of the neighbourhood.

   (2) A person who contravenes this bye-law commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

 

35.   Collection for charity

   (1) A person shall not collect money or attempt to collect money within the Township area without the prior written consent of the Authority.

   (2) The Authority may in granting its consent to the collection of money impose such conditions as it considers fit.

   (3) A person who contravenes this bye-law commits an offence and is liable to a fine of P500 or in default of payment to imprisonment for a term not exceeding six months.

 

36.   Protection of common property

   (1) A person shall not cause any damage to any property to which the inhabitants of the Authority have a common right.

   (2) A person who contravenes this bye-law commits an offence and is liable-

   (a)   to a fine of P300;

   (b)   to pay compensation for such damage.

 

37.   Barbed wire fences

   (1) A person shall not use, or allow to be used, barbed wire for fencing any area or lot without the written permission of the Authority.

   (2) Where the Authority refuses to give permission, the applicant may appeal to the Minister.

JWANENG TOWN COUNCIL (CEMETERY) BYE-LAWS

(regs 34 and 35*)

(11th April, 1997)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Establishment of cemeteries

   4.   Permission for burial

   5.   Burials

   6.   Register of burials

   7.   Memorial work

   8.   Exhumations

   9.   Opening and closing of cemeteries

   10.   Powers of caretakers

   11.   Offences and penalties

 

      Schedule - Burial Permit

 

S.I. 24, 1997.

 

1.   Citation

   These Bye-Laws may be cited as the Jwaneng Town Council (Cemetery) Bye-Laws.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "adult" means a person of or above the age of 10 years;

   "caretaker" means a person so designated by the Council;

   "cemetery" means a cemetery established in accordance with bye-law 3;

   "child" means a person under the age of 10 years;

   "Council" means the Jwaneng Town Council;

   "memorial work" means any gravestone, monument, cenotaph, tablet or monumental inscription erected over a grave, or any work ancillary thereto;

   "Town Clerk" means the Town Clerk of Jwaneng.

 

3.   Establishment of cemeteries

   (1) The Council shall establish, designate and identify areas within the Township as cemeteries.

   (2) No person shall bury or cause to be buried any body within the Township elsewhere than in a cemetery established and designated in accordance with this bye-law.

 

4.   Permission for burial

   (1) No burial shall take place except under and in accordance with a permit issued by the Town Clerk, and on payment of the fee of P5;

   Provided that the Town Clerk may-

   (i)   waive the payment of such fee, in whole or in part, where-

      (a)   he is satisfied that the person responsible for the burial is unable to pay the full amount;

      (b)   where the person responsible for the burial, at his own request, and in accordance with any conditions with regard to the sitting and digging of graves as may be prescribed or required by or under these Bye-Laws, is authorized by the Town Clerk to dig the grave himself;

   (ii)   additionally or alternatively, permit and make arrangements for the payment of the fee by instalments, the non-compliance with which arrangements, or the non-payment of such instalments resulting in the whole of the fee, or any outstanding amount thereof, becoming a debt due to the Council, recoverable in a court of competent jurisdiction.

   (2) An application for a permit under this bye-law shall state the name, age and sex of the deceased, his religious denomination, if any, and his place of birth, and shall be accompanied by a certificate, signed by a medical practitioner, or a duly certified copy thereof, showing the cause of death, or, in the absence of such a certificate, by the written permission of a magistrate or a district officer authorizing the burial.

   (3) A permit issued under this bye-law shall be in the form indicated in the Schedule.

   (4) The Town Clerk may refuse to issue a permit under this bye-law where the deceased died outside the Township, and was not, prior to his death, a resident of the Township.

 

5.   Burials

   (1) Unless the Town Clerk otherwise directs, graves shall conform with the following dimensions-

      Length   7 feet

      Width      3 feet

      Depth   6 feet

   (2) Unless the Town Clerk otherwise directs, no burial shall take place unless the body is enclosed in a coffin of solid and sound construction.

   (3) Unless the Town Clerk otherwise directs, not more than one adult, or two children, may be buried in the same grave:

   Provided that the body of a still-born child may be buried with the body of its mother.

   (4) The caretaker responsible for a cemetery shall ensure that forthwith upon the placing of the coffin or body in a grave it is covered with earth and the grave is filled in.

 

6.   Register of burials

   (1) All graves in a cemetery shall be allotted a number, and all burials shall be recorded in a register to be kept by the Town Clerk.

   (2) The register required under sub-bye-law (1) shall be kept open for inspection by members of the public during office hours.

 

7.   Memorial work

   (1) Memorial work shall not be erected on or in relation to any grave without the written permission of the Town Clerk, and otherwise than in accordance with any conditions subject to which such permission is given.

   (2) Any person wishing to erect memorial work in a cemetery shall make application to the Town Clerk, and if required to do so shall furnish to the Town Clerk plans and diagrams thereof, and as to the manner in which the work is to be executed, in such detail as he may require.

   (3) The Town Clerk may refuse to grant permission for the erection of any memorial work if he is of the opinion that it would be unsightly or offensive, or if it is not of a permanent and durable nature:

   Provided that a person aggrieved by a decision of the Town Clerk may appeal therefrom directly to the Council.

   (4) The Council may take down, or cause to be taken down, and removed any memorial work which has been placed or erected in a cemetery without permission, or which is not maintained in an adequate state of repair, and any costs incurred thereby may be recovered from the person who erected the works.

 

8.   Exhumations

   Subject to the provisions of the Inquests Act, and without the permission of the Council, no person shall exhume any body, or cause any body to be exhumed, within a cemetery, or reopen any grave, without the written permission of the Council.

 

9.   Opening and closing of cemeteries

   (1) A cemetery shall be open to the public between the hours of sunrise and sunset:

   Provided that-

   (i)   the Town Clerk, or the caretaker of the cemetery concerned may, from time to time, authorize an earlier opening or a later closing thereof;

   (ii)   children, unless accompanied by a responsible adult, may be excluded from a cemetery.

   (2) The Council may close any cemetery, but any cemetery so closed shall continue to be a cemetery, save that no burial may take place therein except on the authority of the Council.

   (3) Nothing in this bye-law shall authorize members of the public to enter any building or enclosed space within a cemetery.

 

10.   Powers of caretakers

   (1) Every person within a cemetery shall be subject to the direction and control of the caretaker of that cemetery, who may also, as he consider necessary, give reasonable directions with regard to the arrangement of funerals.

   (2) Any person who resists or obstructs a caretaker in the exercise of his duties under these Bye-Laws, or who disobeys a reasonable direction given by him in accordance with his duties and responsibilities under these Bye-Laws, shall be guilty of an offence and liable to a fine of P15.

 

11.   Offences and penalties

   Any person who-

   (a)   without the consent of the Town Clerk, or the caretaker, enters or is found within a cemetery other than during the hours when the cemetery is open to the public in accordance with the provisions of bye-law 9;

   (b)   destroys or damages any building, wall, fence, tree or plant in a cemetery;

   (c)   puts up any poster or advertisement in a cemetery or on any wall thereof;

   (d)   destroys, damages or defaces any memorial within a cemetery;

   (e)   plays any game or sport within a cemetery;

   (f)   discharges any firearm within a cemetery, except at a military funeral;

   (g)   disturbs or annoys any person in a cemetery to attend a funeral;

   (h)   shouts or screams, or otherwise behaves in an indecent or offensive manner in a cemetery;

   (i)   enters a cemetery enclosed by a wall or a fence otherwise than through a door or gate provided for entry thereto; or

   (j)   takes any dog or livestock into, or permits any dog or livestock to enter, a cemetery,

   shall be guilty of an offence against these Bye-Laws and liable to a fine of P15.

SCHEDULE
BURIAL PERMIT
SESUPO SA PHITLHO

 

 

No. ............................
Nomoro 

JWANENG TOWN COUNCIL 

Name of Applicant:............................................................................................(Full name)
Leina la Mokopi:         (Block Letters) 

Address of Applicant:...........................................................................................................
Aterese ya Mokopi: 

Name of Deceased:.............................................................................................................
Leina la Moswi: 

Address of Deceased:..........................................................................................................
Aterese ya Moswi: 

Date of Death:.....................................................................................................................
Letsatsi la Loso: 

Place of Death:...................................................................................................................
Felo ga Loso: 

Death Certificate:................................................................................................................
Sesupo sa Loso: 

Age:..................................................................................................................................
Dingwaga: 

Sex:..................................................................................................................................
Mong: 

* Religious Denomination:....................................................................................................
Wa Kereke efe: 

   I certify that the information given above is true in every respect.
Mafoko otlhe a ke a buileng ke boammaruri. 

............................................................
Signature/Boitlamo jwa mokopi   

 

 

.........................................................................................................................................


FOR OFFICIAL USE ONLY/GA TIRISO YA BABEREKI FELA 

Fee:...........................................................
Tuelo: 

Official Receipt No:......................................
Nomoro ya Sesupo sa Tuelo: 

Grave Number:....................................................................................................................
Nomore ya Lebitla: 

Date:................................................................................................................................
Letsatsi: 

 

.........................................................
Town Clerk,
Mokwaledi wa Toropo

GABORONE CITY COUNCIL DAY-CARE CENTRE BYE-LAWS

(under regulations 34 and 35*)

(31st March, 1995)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Registration of day-care centres

   4.   Closure of day-care centres

   5.   Hours of operation

   6.   Age of admission

   7.   Premises

   8.   First aid requirements

   9.   Toilets

   10.   Classroom equipment

   11.   Outdoor play areas

   12.   Pets

   13.   Kitchens

   14.   Staff

   15.   Smoking prohibited

   16.   Responsibilities of owner

   17.   Powers of entry

   18.   Offences and penalties

 

S.I. 21, 1995.

 

1.   Citation

   These Bye-laws may be cited as the Gaborone City Council Day-Care Centre Bye-laws.

 

2.   Interpretation

   In these Bye-laws-

   "day-care centre" means a place for the supervision during the day of young children below normal school age and before they attend a normal school;

   "infectious disease" includes diphtheria, cerebro-spinal meningitis, whooping cough, measles, mumps, German measles (rubella), chicken pox, scabies, ringworm of scalp or body, and typhoid fever.

 

3.   Registration of day-care centres

   (1) No person shall operate a day-care centre without the prior approval of, and registration by, the City Council.

   (2) Any person intending to operate a day-care centre shall make application to the City Council therefor, on the appropriate form, giving details of the premises intended to be used for the centre, the names and qualifications of all the teachers and other assistants to be employed at the centre, and such other information with regard to the proposed centre as the Council may require.

   (3) If the City Council is satisfied that the proposed centre meets all the requirements of these Bye-Laws and any other relevant legislation, it may, on payment of a fee of P100, register the centre, and issue to the applicant a registration certificate, valid until the 31st. December of the year of issue, but thereafter renewable from year to year, on payment of the annual fee of P10.

   (4) The current registration certificate shall be displayed on the wall of the principal office of the centre.

 

4.   Closure of day-care centres

   The City Council may cancel the registration of, and require the closure of, any day-care centre that contravenes or fails to comply with any of the provisions of these Bye-Laws with which it is its duty to comply.

 

5.   Hours of operation

   A day-care centre shall not operate outside the hours between 7.00 am and 17.00 pm on week-days, except with the written approval of the City Council.

 

6.   Age of admission

   Children shall not be admitted to, or be allowed to remain at, a day-care centre, without the written permission of the City Council, if under the age of two and a half years or over the age of six years.

 

7.   Premises

   (1) Occupied residential houses shall not be used as day-care centres, and garages and verandahs shall not be used or extended as classrooms for day-care centres:

   Provided that, with the written consent of the City Council, an occupied residential house may be permitted to be used as a day-care centre if the portion to be used for the centre can be adequately and satisfactorily separated from the portion used for residential purposes.

   (2) Premises used for day-care centres shall be constructed in accordance with and from material permitted by the appropriate building regulations, floors shall be smooth and tiled or carpeted, and every classroom or rest room must be adequately lit and ventilated.

   (3) The size of rooms to be used as classrooms shall directly relate to the number of children permitted to use them at any one time, so that for each child there shall be the equivalent of 1,5 square metres.

   (4) In every day-care centre there shall be a room, equipped with a bed with mattress and clean linen, in which a sick child can rest and be isolated.

   (5) Premises used for day-care centres shall be adequately and securely fenced in, and shall be adequately set back from busy roads or roads regularly used by heavy traffic.

 

8.   First aid requirements

   In every day-care centre there shall be maintained, and readily accessible at all times, a first aid box or cupboard containing an adequate supply of dressings, bandages, sterilized cotton wool, adhesive plasters, disinfectant, safety pins, and a tourniquet.

 

9.   Toilets

   (1) Every day-care centre shall be provided with separate toilets for staff and for children, which shall be well lit, well ventilated, and have adequate running water.

   (2) Toilets for children shall be provided with standard junior toilets and wash hand basins, so that there shall be one toilet and one wash hand basin for every 15 children.

   (3) Storage facilities for towels, face cloths and personal belongings of staff shall be separate from similar facilities for children.

 

10.   Classroom equipment

   (1) Every day-care centre shall, bearing in mind the number of children attending the centre, provide an adequate supply of equipment suitable for use in a day-care centre, such as reading material, picture books, blackboards, toys, paints, crayons, moulding clay, puzzles and beads.

   (2) The City Council may require or approve additional, or alternative equipment to that referred to in sub-bye-law (1).

 

11.   Outdoor play areas

   (1) Outdoor play areas shall be adequate in size, providing a minimum area equivalent to not less than 2 cubic metres for each child attending the day-care centre, shall have a flat, generally dry surface, with adequate shade.

   (2) Outdoor play areas shall be provided with play equipment such as sand pits, swings, slides and climbing frames, to the satisfaction of the City Council, and adequate for the number of children attending the day-care centre.

 

12.   Pets

   Animals, whether pets or otherwise, shall not be permitted within any area used for the purposes of a day-care centre, without the written permission of the City Council.

 

13.   Kitchens

   (1) Where food is provided by a day-care centre, there shall be available in the kitchen adequate hot and cold water, adequate and hygienic storage space for food, adequate cutlery and crockery of a suitably hygienic type, and there shall be available for inspection a detailed menu of food provided, with a suitably balanced diet.

   (2) Where food is brought into a day-care centre by the children there shall be provided suitable facilities for the storage and refrigeration of the food.

 

14.   Staff

   (1) A day-care centre shall have a minimum of two qualified teachers, and at all material times there shall be at least one such teacher on duty:

   Provided that there shall always be at least one teacher on duty for every 30 children at the centre.

   (2) Assistants may be employed to assist the qualified teachers to supervise and look after children at the centre.

   (3) All staff employed at a day-care centre shall be medically examined, including being x-rayed, before taking up employment, and thereafter at six monthly intervals.

   (4) All staff employed at a day-care centre shall at all times wear clean uniforms or clothing.

 

15.   Smoking prohibited

   Smoking shall be prohibited anywhere within the area of a day-care centre, and a notice to this effect shall be displayed prominently at the entrance to the centre.

 

16.   Responsibilities of owner

   (1) The owner of a day-care centre shall ensure that at all times a high standard of maintenance and cleanliness is established and maintained within the centre.

   (2) The owner of a day-care centre shall ensure that any child or member of the staff suffering from, or suspected to be suffering from, an infectious disease is immediately isolated from contact with other children or staff members.

   (3) The owner of a day-care centre shall ensure that all children at the centre shall have a common resting period of not less than an hour each afternoon.

 

17.   Powers of entry

   An officer of the City Council so authorized in writing by the Town Clerk may at any reasonable time enter a day-care centre for the purpose of inspection, and to ensure compliance with these Bye-Laws.

 

18.   Offences and penalties

   Any person who contravenes, or fails to comply with any of these Bye-Laws with which it is his duty to comply, and the owner of any day-care centre which operates in breach of the provisions of any of these Bye-Laws, shall be guilty of an offence and liable to a fine of P200 and to imprisonment for three months.

LOBATSE TOWN COUNCIL (DAY-CARE CENTRE) BYE-LAWS

(section 6*)

(9th July, 2010)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

PART I
Preliminary

   1.   Citation

   2.   Interpretation

 

PART II
Licensing/Registration of Day-Care Centres

   3.   Registration of day-care centres

   4.   Duration and renewal of registration licence

   5.   Registration licence to be displayed

   6.   Closure of day-care centres

 

PART III
Operation of Day-Care Centres

   7.   Hours of operation

   8.   Age of admission

   9.   Premises of day-care centres

   10.   Sick rooms

   11.   Relocation of day-care centres

   12.   Toilets

   13.   First aid requirements

   14.   Classroom equipment

   15.   Curriculum

   16.   Outdoor play areas

   17.   Kitchens

   18.   Staff

   19.   Animals and pets

   20.   Smoking prohibited

   21.   Responsibilities of owner

 

PART IV
General

   22.   Powers ofentry

   23.   Offences and penalties

 

      SCHEDULE

 

S.I. 65, 2010.

PART I
Preliminary (by-laws 1-2)

 

1.   Citation

   These Bye-laws may be cited as the Lobatse Town Council (Day-Care Centre) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "baby care centre" means a place for the care, education and supervision of children below the age of2 1B2 years;

   "Council" means the Lobatse Town Council;

   "day-care centre" means a place for the care, education and supervision of children below the age ofsix which includes a baby care centre; and

   "infectious disease" includes diphtheria, cerebrospinal meningitis, whooping cough, measles, mumps, German measles (rubella), chicken pox, scabies, ringworm ofscalp or body, and typhoid fever.

PART II
Licensing/Registration of Day-Care Centres (bye-laws 3-6)

 

3.   Registration of day-care centres

   (1) A person shall not operate a day-care centre without the prior approval of, and registration, by the Council.

   (2) An application to operate a day-care centre shall be made to the Council in Form 1 as set out in the Schedule and shall provide such information as the Council may require and, in particular-

   (a)   details ofth e premises intended to be used; and

   (b)   the names and qualifications of all teachers and assistants to be employed at the day-care centre.

   (3) Where the Council is satisfied that the proposed day-care centre meets all the requirements of these Bye-laws, it may, on payment of a fee of P300, register a profit making day-care centre, and on payment of a fee P150, register a non profit making day-care centre and issue the applicant a registration licence as set out in Form 2 ofthe Schedule.

 

4.   Duration and renewal of registration licence

   (1) A registration licence shall be valid for a period of 12 months from the date of issue.

   (2) A registration licence may be renewed by an application made to the Council in Form 3 as set out in the Schedule.

   (3) The Council may renew a registration licence upon payment ofa fee of P300 by a profit making day-care centre and on payment of a fee of P150 by a non profit making day-care centre.

 

5.   Registration licence to be displayed

   A registration licence shall be displayed in a conspicuous place in the principal's office in the premises of the day-care centre.

 

6.   Closure of daycare centres

   The Council may cancel the registration of, and require the closure of any day-care centre that contravenes or fails to comply with any of the provisions of these Bye-laws.

PART III
Operation of Day-Care Centres (bye-laws 7-21)

 

7.   Hours of operation

   A day-care centre shall operate between 0700 and 1900 on weekdays unless otherwise authorised in writing by the Council.

 

8.   Age of admission

   (1) Subject to subbye-law (2), a day-care centre shall admit children below the age ofsix years.

   (2) A child who is above six years old shall not be enrolled at a day-care centre without the written permission ofthe Council.

 

9.   Premises of day-care centres

   (1) Subject to subbye-law (2), an occupied residential house or garage shall not be used as a day-care centre.

   (2) An occupied residential house may, with the written approval of the Council, be used as a day-care centre where the residential part of the house can be adequately and satisfactorily partitioned or separated from the part used to operate a day-care centre.

   (3) Premises used for operating a day-care centre shall be constructed in accordance with and from material permitted by the appropriate building regulations, f loors should be smooth and tiled or carpeted, and classrooms or restrooms adequately lit and ventilated.

   (4) The size of rooms to be used as classrooms shall directly relate to the number ofchildren permitted to use them at one time, so that for each child there shall be an equivalent of 1.5 square metres space to occupy.

   (5) Premises used for a day-care centre shall be adequately and securely fenced in, and shall be adequately set back from busy roads.

 

10.   Sick rooms

   A day-care centre shall have a room, equipped with a bed which has a mattress and clean linen, in which a sick child can rest and be isolated for a day.

 

11.   Relocation of day-care centres

   A person shall not relocate a day-care centre without prior approval by the Council.

 

12.   Toilets

   (1) A day-care centre shall provide separate toilets for staff and for children, which shall be well lit, well ventilated and have adequate running water.

   (2) Toilets for children shall be-

   (a)   provided with standard junior toilets and handwash basins, so that there shall be one toilet and one handwash basin for every 15 children; and

   (b)   separated according to gender.

   (3) Storage facilities for towels, face cloths and personal belongings of staff shall be kept separate from those ofth e children.

 

13.   First aid requirements

   (1) In a day-care centre there shall be maintained, and made readily accessible a first aid box or cupboard containing an adequate supply of dressings, bandages, sterilised cotton wool, adhesive plasters, disinfectant, safety pins and a tourniquet.

   (2) A day-care centre shall establish a fire assembly point and keep well maintained portable fire extinguishers within the day-care centre.

 

14.   Classroom equipment

   (1) A day-care centre shall, considering the number of children attending the day-care centre, provide an adequate supply of equipment suitable for use in the day-care centre, such as reading material, picture books, chalk boards, toys, paints, crayons, moulding clay, puzzles and beads.

   (2) The Council may require and approve additional equipment not referred to in subbye-law (1).

 

15.   Curriculum

   The curriculum followed at a day-care centre shall adhere to the standards set by the Ministry responsible for education.

 

16.   Outdoor play areas

   (1) Outdoor play areas shall be adequate in size, providing a minimum area equivalent to not less than 1.5 square metres for each child attending the day-care centre.

   (2) Outdoor play areas shall have a flat, generally dry surface, with adequate shade, and shall be provided with play equipment such as sand pits, swings, slides and climbing frames, which are to the satisfaction of the Council, and adequate for the number of children attending the day-care centre.

 

17.   Kitchens

   (1) Where food is provided by a day-care centre, there shall be available in the kitchen-

   (a)   adequate hot and cold water;

   (b)   adequate storage space for food;

   (c)   adequate cutlery and crockery ofa suitably hygienic type; and

   (d)   a detailed menu off ood and provision ofa detailed balanced diet.

   (2) Where food is brought into the day-care centre by the children, there shall be provided suitable facilities for the storage and refrigeration of the food.

 

18.   Staff

   (1) A day-care centre shall have a minimumoftw o qualified teachers at all material times and there shall be at least one such teacher on duty for every 30 children, and a ratio of five babies per caregiver as a minimum with ten babies being a maximum in a baby care centre.

   (2) Assistants may be employed to assist qualified teachers to supervise and look after the children.

   (3) Staff employed at a day-care centre shall-

   (a)   bemedically examined, including be X-rayed, before taking up employment, and thereafter at six months intervals; and

   (b)   at all times wear clean uniforms or clothing.

 

19.   Animals and pets

   Animals, whether pets or otherwise, shall not be permitted within the day-care centre without the written permission oft he Council.

 

20.   Smoking prohibited

   Smoking is prohibited within the premises ofa day-care centre and a notice to that effect shall be displayed in a conspicuous place at the entrance ofthe day-care centre.

 

21.   Responsibilities of owner

   (1) The owner ofa day-care centre shall ensure that any child or a member of staff suffering from, or suspected to be suffering from an infectious disease is immediately isolated from contact with other children or members of staff.

   (2) The owner ofa day-care centre shall ensure that high standards of maintenance and cleanliness are established within the day-care centre.

   (3) The owner ofa day-care centre shall ensure that the day-care centre provides for a resting period of not less than an hour each afternoon.

PART IV
General (bye-laws 22-23)

 

22.   Powers of entry

   An officer of the Council so authorised in writing by the Town Clerk may at any reasonable time enter a day-care centre for the purpose of inspection, and to ensure compliance with these Bye-laws.

 

23.   Offences and penalties

   Any person who contravenes or fails to comply with any of the provisions of these Bye-laws commits an offence and is liable to a fine not exceeding P500, or to imprisonment for a term not exceeding six months, or to both.

SCHEDULE

FORM 1
APPLICATION TO OPERATE A DAY-CARE CENTRE

(bye-law 3 (2))

LOBATSE TOWN COUNCIL (DAY-CARE CENTRE) BYE-LAWS

6.    Where the applicant is a company, the registration number oft he company:


   ..........................................................................................................................................


(B) PROPOSED DAY CARE CENTRE


1.    Type of day-care centre: .....................................................................................................


2.    Location of the day-care centre:


   .........................................................................................................................................


   .........................................................................................................................................


   (Please attach a copy oft he sketch map showing the location of the school in relation to main roads or busy roads)


3.    Premises:


   (a)   Area of the school (m2): ...........................................................................................


   (b)   Number of classrooms: ............................................................................................


   (c)   Number of children per classroom: ............................................................................


   (d)   Number of toilets for children: ...................................................................................


   (e)   Number of toilets for staff: .........................................................................................


(Attach a list of all equipment at the school)


4.    Staff:


   (a)   Number of experienced teachers: .................................................


   (b)   Number of assistant teachers: .......................................................


   (c)   Number of support staff: ..............................................................


(Please attach the following documents to the application):


   (a)   Zoning approval or land use permit


   (b)   Fire inspection report


   (c)   Environmental health report


   (d)   Qualifications and experience of teachers


   Date: ....................................         Applicant's signature: ..................................


FOR OFFICIAL USE ONLY


Date on which the application was received by Licencing Officer: ..................................................


Date of hearing: ........................................................................................................................


Date of approval/rejection of application: ......................................................................................


..................................................
            Date


...................................................
Council Secretary         

FORM 2
REGISTRATION LICENCE

(bye-law 3 (3))

LOBATSE TOWN COUNCIL (DAY-CARE CENTRE) BYE-LAWS

(Not Transferable)

 

1.    Name of the applicant: ....................................................................................................


                        (Surname first)


2.    Postal address: .............................................................................................................


3.    Residential address: ......................................................................................................


   ......................................................................................................................................


4.    Nationality: ....................................................................................................................


   Identity number: ..............................................................................................................


5.    Where the applicant is a non-citizen, residence permit number and date of expiry of the residence permit: ..........................................................................................................................


6.    Where the applicant is a company, the registration number of the company:
......................................................................................................................................


7.    Licence number: ............................................................................................................


8.    Fee paid: ......................................................................................................................


..................................................
      Applicant's signature


...................................................
Date                     

FRANCISTOWN CITY COUNCIL (PUBLIC SEWER) BYE-LAWS

(section 6*)

(27th August, 2010)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Duty of Council to keep map showing sewers

   4.   Power of Council to alter or close public sewer

   5.   Power of Council to agree to adopt sewer or sewerage disposal works

   6.   Certain matter not to be passed into sewer

   7.   Storm water not to enter public sewer

   8.   Sewerage not to enter storm water drain

   9.   Right to connect to public sewer

   10.   Council to require connection to public sewer in certain circumstances

   11.   Procedure in respect of connection to public sewer

   12.   Common sewer or drain

   13.   Fees

   14.   Maintenance

   15.   Disconnection and re-connection

   16.   Discharge oftrade effluent into public sewer

   17.   Control oftrade effluent

   18.   Sampling and analysis oftrade effluent

   19.   Installation off at, oil and grease interceptors

   20.   Penalties

 

      SCHEDULE I - Sewerage Connection Fees

      SCHEDULE II - Annual Sewerage Services Fee Rates

      SCHEDULE III - Trade Effluent Agreement

      SCHEDULE IV - Acceptable/Maximum Discharge Limits into Public Sewer

 

S.I. 82, 2010

 

1.   Citation

   These Bye-laws may be cited as the Francistown City Council (Public Sewer) Bye-laws.

 

2.   Interpretation

   (1) In these Bye-laws, unless the context otherwise requires-

   "authorised officer" means a person authorised by the Council to inspect public sewers pipes or drains connected to the sewer pipes;

   "Council" means the Francistown City Council;

   "drainage installation" means a system of drains, pipes and sewers used for the sewerage ofa building, including any fitting, appliance or equipment connected to the drains, pipes and sewers;

   "foul water" means water contaminated by soil water, waste water or trade effluent;

   "latrine" includes a privy, urinal, earth-closet or water-closet;

   "owner", in relation to immovable property, means the person or his or her agent receiving the rent or profits for land or premises from the occupier, or a person who occupies or holds land in accordance with terms of an agreement;

   "public sewer" means any piped sewer, ditch or water course for the passage of foul water, constructed or maintained by or vested in the Council;

   "sewer" means a pipe conveying foulwater, forming part of the sewerage or drainage installation ofa building, including any pipe connecting a drain to a public sewer;

   "soil water" means water containing excreted matter, whether human or animal;

   "storm water" means surface water or rain water;

   "trade effluent" means liquid, either with or without particles of matter in suspension, which is wholly or in part produced in the course of trade, industry or research;

   "unit" means a latrine with regards to payment of annual services fees for commercial and industrial plots; and

   "waste water" means used water, not being soil water, trade effluent or storm water.

   (2) For the purposes of these Bye-laws, a building shall not be deemed to have a public sewer available except where there exists or there is, in the course of construction within 30 metres ofthe site of the building, a public sewer or a sewer connecting to a sewer at a suitable invert level which the owner of the building is entitled to use and a sufficient supply of water, except where such is laid on or where a supply can be connected from a point within 30 metres of the site of the building.

   Provided that, where the distance of a public sewer or the point from which a supply of water is available exceeds 30 metres, and the Council agrees to undertake the construction, at its expense, ofa drain to connect to a public sewer or the laying of a pipe to the point of connection to a supply of water, the 30 metres limit shall not apply.

 

3.   Duty of Council to keep map showing sewers

   The Council shall keep deposited at its office for inspection by any person during normal working hours, a map showing and distinguishing each public sewer and any sewer in the course ofconstruction within its area.

 

4.   Power of Council to alter or close public sewer

   (1) The Council may alter the size or course of any public sewer or discontinue and prohibit the use ofthe public sewer.

   (2) Subject to subbye-law (1), the Council shall, at its expense, execute any work necessary to connect to another sewer, the drainage installations of the users ofthe sewer under alteration or discontinued.

 

5.   Power of Council to agree to adopt sewer or sewerage disposal works

   The Council may enter into an agreement with any person constructing or proposing to construct a sewer or sewerage disposal works, to the effect that upon completion of the work to the satisfaction of the Council or on a specified date, the sewer or works shall be vested in and be maintained by the Council.

 

6.   Certain matter not to be passed into sewer

   (1) A person shall not throw, empty or permit to be thrown or emptied into a public sewer or into any drainage, installation or sewer connecting to a public sewer, any-

   (a)   matter which is likely to cause damage to the fabric of the sewer or interfere with the free flow of its contents;

   (b)   chemicals, refuse or waste stream, or liquid which alone or in combination with the contents ofth e sewer, is dangerous or would cause a nuisance or be prejudicial to health;

   (c)   petroleum product, carbide or calcium; or

   (d)   radio active substance.

   (2) A person who contravenes any provision of this bye-law commits an offence and is liable to fine not exceeding P100 for each day on which the offence continues.

 

7.   Storm water not to enter public sewer

   A person shall not discharge or cause or permit the discharge, directly or indirectly, of storm water into a public sewer.

 

8.   Sewerage not to enter storm water drain

   A person shall not discharge, cause or permit the discharge, directly or indirectly, of any sewerage or foul water into a storm water drain, a river, a stream or other water course, whether natural or artificial.

 

9.   Right to connect to public sewer

   (1) Subject to the provisions ofbye-law 11, an owner shall, at his or her expense, be entitled to have the drainage installation of his or her premises connected to a public sewer.

   (2) Notwithstanding the provisions of subbye-law (1), a person shall not discharge, directly or indirectly, into a public sewer, any liquid or other matter-

   (a)   from a factory or trade premises or a manufacturing process except with the written permission of the Council under bye-law 16; or

   (b)   the discharge ofw hich is prohibited under these Bye-laws or any enactment.

 

10.   Council to require connection to public sewer in certain circumstances

   Where a public sewer and sufficient supply of water is available and the Council is ofthe opinion that-

   (a)   satisfactory provision has not been made for hygiene and adequate disposal off oul water; or

   (b)   any cesspool, septic tank, latrine or appliance or equipment provided for the collection or disposal of foul water is defective or insufficient and likely to be prejudicial to health or a nuisance, the Council may, within a specified time and at the owner's expense, require the owner to remove any latrine or other non-waterborne system and replace it with a water closet connected to the Council's sewerage system.

 

11.   Procedure in respect of connection to public sewer

   (1) A person who requires the drainage installation on his or her premises to be connected to a public sewer shall apply in writing to the Council.

   (2) Where the Council receives an application under subbye-law (1) the Council shall, within 21 days ofthe receipt, advise the applicant in writing whether or not the application has been granted.

   (3) A rejection of an application under subbye-law(1) shall be in writing to the applicant and shall state the reason for rejection.

   (4) Where an application is granted, the Council shall advise the applicant whether or not it intends to carry out the work required on behalf of the applicant.

   (5) Where the Council intends to carry out the work under subbye-law (4) the Council shall, before work commences, require the applicant to pay the cost for the drainage installation estimated by the Council.

   (6) Where the applicant carries out or causes to be carried out the work required, he or she shall give to the Council reasonable notice in writing, and shall accord to an authorised officer reasonable access to inspect the work.

   (7) A connecting drain, pipe or sewer constructed under the preceding provisions of this bye-law shall vest in the Council, and the maintenance, repair or renewal shall, at the expense of the owner ofthe premises served, be carried out by the Council.

   (8) A person who causes a drain, pipe or sewer to be connected to a public sewer in contravention of the provisions of these Bye-laws commits an offence and is liable to a fine not exceeding P5 000, and, whether proceedings have or have not been taken in respect ofthat offence, the Council may close the connection in question and recover from the offender any costs incurred.

   (9) Where payment made under subbye-law (5)-

   (a)   exceeds the cost incurred, the Council shall repay the excess to the applicant; or

   (b)   is insufficient, the balance shall be recoverable from the person for whom the work is done.

 

12.   Common sewer or drain

   The Council may, in its discretion and with the agreement ofthe owners concerned, permit the drainage installation of two or more buildings to connect with public sewer by means of a common sewer or drain.

 

13.   Fees

   (1) A person intending to connect a drainage installation on his or her premises to a public sewer shall pay a sewerage connection fee at the rates set out in Schedule I, and shall enter into a sewerage service agreement with the Council after connection of the premises to the sewerage system.

   (2) A person connected to a public sewer shall pay an annual sewerage service fee at the rates set out in Schedule II.

   (3) The due date for the payment of any fees shall be 30 calendar days from the date reflected on any statement sent to the owner by the Council.

   (4) Where the due date under subbye-law (3) lapses, a period of 90 calendar days shall be allowed for the payment of any fees without interest, thereafter all arrears shall be subject to an interest rate of 12 per cent per annum.

   (5) The interest rate accrued on any arrears shall be calculated from the date on which fee becomes overdue until the date ofpayment ofthe fee.

   (6) In the case of change of ownership of the premises or of the postal address of any owner, the person who appears, from the Council records, to be the owner of the premises shall continue to be liable to pay the fees under these Bye-laws unless he or she notifies the Council, in writing, of the change.

   (7) The fees set out under these Bye-laws may be revised at any time, at the discretion of the Council.

 

14.   Maintenance

   (1) The Council shall be responsible for the operation and maintenance of any sewer mains within the streets and public easements.

   (2) The owner shall be responsible for the maintenance of the sewer line within his or her property.

   (3) Any maintenance or work carried out under subbye-law (2) shall be at the expense ofthe owner.

   (4) In the event that any blockage exists between a Council manhole and an inspection chamber, the Council shall be responsible for clearing the blockage at no expense to the owner.

   (5) Any work carried out on the Council sewer system shall take place with the approval of the Council.

 

15.   Disconnection and reconnection

   (1) The sewer line of the owner shall be disconnected and legal action shall commence against that owner if the period of 90 calendar days referred to in bye-law 13 (4) has elapsed without the owner paying the fees due under bye-law 13 (1) and (2).

   (2) A re-connection fee of P100 in respect of residential property and P200 in respect of commercial or industrial property shall be payable by the owner of the premises upon his or her request for the re-connection of the sewer line.

   (3) The Council shall not re-connect any sewer line unless all amounts due to the Council have been paid in full, including any re-connection fees.

   (4) A person shall not obstruct any authorised person executing his or her duties in accordance with this bye-law.

 

16.   Discharge of trade effluent into public sewer

   (1) The Council may, subject to the written approval of the Minister and to any condition the Minister may consider appropriate to impose, grant permission in writing for the discharge into a public sewer of trade effluent from any premises or for any alteration in rate, volume, quality or nature ofthe discharge.

   (2) An approval under subbye-law (1) may incur a charge for the reception and treatment of the trade effluent and for any alteration which may be necessary to a pump, sewer, sewage disposal works or machinery connected to the public sewer.

   (3) A person wishing to discharge trade effluent into a public sewer shall-

   (a)   make an application, in writing, to the Council for permission to do so;

   (b)   sign trade effluent agreement set out in Schedule III; and

   (c)   submit to the Council-

      (i)   the chemical composition, nature and volume ofthe effluent;

      (ii)   a description of the industrial process or trade giving rise to the effluent;

      (iii)   the number of persons employed on the premises; and

      (iv)   such other information, including the submission of samples, which the Council may consider necessary.

   (4) A person permitted in terms of subbye-law (1) to discharge trade effluent into a public sewer shall, prior to any change in the nature or volume of that effluent, notify the Council in writing of the date on which the proposed change will take place and the Council may impose any condition the Council may consider appropriate.

   (5) A person who discharges or causes or permits the discharge, directly or indirectly, of trade effluent into a public sewer without prior written permission of the Council commits an offence and is liable to a fine not exceeding P5 000.

   (6) Without prejudice to its rights in terms of subbye-law (5), the Council may recover from any person who discharges, directly or indirectly, trade effluent into a public sewer, any costs which may be incurred by the Council as a result ofany damage caused to a public sewer or sewerage treatment works.

 

17.   Control of trade effluent

   The responsibility for the control of individual discharges to public sewers, to ensure compliance with the agreement shall lie with the Council which shall formulate the necessary mechanisms and regulations.

 

18.   Sampling and analysis of trade effluent

   The Council shall conduct regular sampling and analysis of trade effluent from the industries to ensure compliance with the discharge limits set out in Schedule IV.

 

19.   Installation of fat, oil and grease interceptors

   (1) The Council may, by written notice to the owner of a hotel, boarding house, restaurant, eating house, hair salon, bakery, food processing company, laundry or other premises from which waste water of a fatty, oily, greasy or soapy nature is discharged into a drain or sewer, require that owner, within a reasonable time to be specified in the notice, to install, to the satisfaction of the Council, a proper and efficient fat, oil and grease interceptor for the reception of fat, oil and grease prior to the waste water being discharged into the sewer or drain.

   (2) A fat, oil and grease interceptor shall be equipped with a sampling port for periodical inspection purposes by an authorised officer from the Council.

 

20.   Penalties

   (1) A person who commits an offence under these Bye-laws where no penalty is prescribed is liable to a fine not exceeding P5 000 and a further fine not exceeding P100 for each day on which the offence continues.

   (2) A person who contravenes any provision of these Bye-laws on second or subsequent conviction commits an offence and is liable to a fine not exceeding P500 or to imprisonment not exceeding six months or to both.

   (3) Subject to bye-law 18, each time the industry discharges into a sewer trade effluent that exceeds the maximum allowable concentrations of the substances included in the formula in Schedule II, the industry commits an offence and is liable to a penalty calculated using the formula set out in Schedule II.

SCHEDULE I

(bye-law 13 (1))

SEWERAGE CONNECTION FEES

 

TYPE OF SERVICE 

CHARGES (P) 

REMARKS 

Connection to residential premises: 

 

 

Low income (Self Help Housing Agency) SHHA 

100 

Perusal fee 

Middle income SHHA 

150 

Plot owner bears the full cost ofall works 

Small plot less than 450 square metre 

200 

 

Large plot up to 700 square metre 

400 

 

Large plot more than 700 square metre 

1 000 

 

Multi units for example flats or town houses 

2 500 

 

Civic and community plots 

2 500 

 

Commercial plots 

2 500 

 

Industrial plots 

5 000 

 

Clearing or removal of blockage within plots 

30 

Flat rate 

Vacuum tank (registration) 

500 

April to March of subsequent year 

Vacuum tank (sewage dumping) from other Councils 

0.5 per cubic metre 

Coupons of different denominations according to vacuum tank capacity available from Council Revenue Office 

Vacuum tanker services (Septic tanks) SHHA area 

30 per load 

 

Vacuum tanker services (Pit latrines) 

50 per load 

 

Vacuum tanker services Non SHHA areas 

100 per load 

 

SCHEDULE II

(bye-law 13 (2) and 20 (3))

ANNUAL SEWERAGE SERVICES FEE RATES

TABLE 1: UNIT RATES

 

TYPE OF PREMISES 

CHARGES INPULA 

REMARKS 

Residential 

60 

Annual sewerage fees 

Commercial 

60 

Annual sewerage fees

TABLE 2: VOLUME UNIT RATES'EFFLUENT RE-USE

 

EFFLUENT RE-USE 

CHARGES
Usage
(Pula per cubic metre) 

Industrial up to 100 cubic metres per day 

0.75 

Industrial 100 cubic metres - 500 cubic metres per day 

1.00 

Industrial 500 cubic metres and above per day 

1.25 

Final treated effluent 

1.00

TABLE 3: DAMAGE TO SEWER PIPES

 

REPAIR TO DAMAGED SEWER PIPES
(Per metre) 

CHARGES PER METRE (Pula

Damage to pipes per meter 

500

TABLE 4: ILLEGAL CONNECTION

 

ILLEGAL CONNECTION 

CHARGES (Pula

Connecting to Council sewer illegally 

500

CALCULATION OF PENALTY FOR NON-COMPLIANT TRADE EFFLUENT

F=B + 1.5S +1.3N

In the formula:

F = Waste water penalty in Pula per cubic metre/day

B = Biological oxygen demand in excess of 5 00mg/1

S = Suspended solids in excess of 4 00mg/1

N = Fats, oil and grease in excess of 1 00mg/1

*Note: The above rates may be subject to an annual increment at the prevailing inflation rate.

Additional concentrations of substances to be used in the formula to calculate the penalty may be added according to observed trends in the quality ofef fluent received from different industries.

SCHEDULE III

(bye-law 16 (3))

TRADE EFFLUENT AGREEMENT

This Agreement is made and entered into by and between Francistown City Council (hereinafter referred to as the Council) and .................................. (hereinafter referred to as the Company).

WHEREAS:

   The Council is responsible for the control and maintenance of sewers, pumping stations and sewage treatment plant. The Company is the occupier of trade premises situate at plot number .................................. The Company intend to operate a ...................................... and have requested the Council to consent to the discharge of the trade effluent by the Company fromthe said trade premises into the sewer shown on the plan ................dated ............... annexed to the agreement. The Council is willing to grant the consent subject to the terms and conditions stated in this Agreement.

   It is hereby agreed as follows:

   (1) The trade effluent shall consist solely of wastewater from ....................... and the Company shall not cause the trade effluent or any surface or storm water to be discharged into the said sewer.

   (2) The Company shall cause the trade effluent to be discharged into the said sewer only in accordance with the following special conditions-

   (a)   The pH value oft he trade effluent shall not be less than 6.0 and not more than 9.5 subject to the water received by the company from the public water supply having a maximum pH value 8.0.

   (b)   The solids in suspension (SS) in the trade effluent shall not exceed 1000 milligrams per litre.

   (c)   The biological oxygen demand (BODs) oft he trade effluent shall not exceed 500 milligrams per litre.

   (d)   The temperature oft he trade effluent at the point of entry into the sewer shall not exceed 43 degrees Celsius.

   (e)   The rate oft he discharge of the trade effluent into the sewer (flow) shall not be onerous to the existing flowand shall not exceed . ..............M3/hr.

   (f)   Free layer ofl iquid fats, grease or oils shall not be permitted in the trade effluent.

   (g)   Solid fats shall not be permitted into the trade effluent.

   (h)   Maximum size ofsolids in the trade effluent shall not be larger than passing through a 15 millimetres sieve.

   (i)   Solids that are able to settle in the trade effluent shall not exceed 20 milligrams per litre allowed to settle in the 1m hoff cone for 15 minutes.

   (j)   Total dissolved inorganic solids shall not exceed 3000 milligrams per litre.

   (k)   Concentration of specific substances in the trade effluent shall comply with standards issued by the Botswana Bureaus of Standards.

   (l)   Visible signs oftar or associated products or distillates bitumen or asphalt shall not be allowed.

   (m)   Pesticides, herbicide or any chlorinated hydrocarbons or their derivatives shall not be allowed into the trade effluent to be discharged into the sewer.

   (3) The trade effluent shall not contain any substances which either alone or in combination with any other matter in any sewer or the pumping station or the treatment plant would give rise to poisonous inflammable gases or obnoxious gases.

   (4) For the purposes ofef fectively complying with paragraph (1), (2) and (5), the Company shall at their own expenses provide and maintain to the satisfaction of the Council-

   (a)   an inspection chamber constructed so as to enable a sample oft he trade effluent to be collected at any time before discharging onto the sewer;

   (b)   a buffer tank for the purposes of adjusting the pH of the trade effluent; and

   (c)   a continuous chart recording apparatus tomeasure the flowand the pH of trade effluent being discharged into the sewer.

   (5) The Company shall at all times furnish the Council with the records made by the recording apparatus for purposes of verifying compliance to the conditions o ft his Agreement.

   (6) The Company shall permit the Town Clerk or authorised representative to inspect and test any works and equipment installed in connection with the trade effluent.

   (7) The Council shall conduct routine sampling oft he trade effluent to ensure compliance to this Agreement.

   (8) The Council shall charge an annual maintenance fee of P ................................ to the Company as may be reviewed from time to time. This payment shall become due and payable on the first day of January of each year.

   (9) The Company shall pay to the Council on demand expenses incurred in connectionwith special cleansing oft he sewer or repair of sewers or pumping machinery necessitated by discharging trade effluent in contravention to paragraph (1), (2) and (3) of this Agreement.

   (10) Failure to comply with any conditions under this Agreement will lead to the termination of this Agreement. The Company will be given 30 days notice, after which the Council will stop the flow of the trade effluent into the sewerage system.

   (11) The special conditions contained in paragraph (2) oft his Agreement shall be reviewed fromtime to time according to the advice fromthe Botswana Bureau of Standards and the Department ofWaterAffairs.

   Signed at .................................. this ........................... day of. ....................... 20.........

SCHEDULE IV

(bye-law 18)

ACCEPTABLE/MAXIMUM DISCHARGE LIMITS INTO PUBLIC SEWER

Subject to the provision of paragraph (1) of the Trade Effluent Agreement in Schedule III, the following are the maximum permissible concentration limits of substances contained in any trade effluent to be discharged into any public sewer in the Francistown City Council administrative area.

 

Sulphates (expressed as SO4) 

-1500.0 mg/1 

Ammonia (expressed as N) 

-100.0 mg/1 

Sulphides (expressed as S) 

-50.0 mg/1 

Cyanide (expressed as CN) 

-20.0 mg/1 

Arsenic (expressed as As) 

-5.0 mg/1 

Boron (expressed as B) 

-5.0 mg/1 

Zinc (expressed as Zn) 

-20.0 mg/1 

Copper (expressed as Cu) 

-5.0 mg/1 

Lead (expressed as Pb) 

-5.0 mg/1 

Cadmium (expressed as Cd) 

-5.0 mg/1 

Selenium (expressed as Se) 

-5.0 mg/1 

Total Chrome (expressed as Cr) 

-10.0 mg/1 

Iron (expressed as Fe) 

-20.0 mg/1 

Manganese (expressed as Mn) 

-20.0 mg/1 

Sodium (expressed as Na) 

-500.0 mg/1 

Chloride (expressed as CI) 

-500.0 mg/1 

Fluoride (expressed as F) 

-5.0 mg/1 

Cobalt (expressed as Co) 

-20.0 mg/1 

Nickel (expressed as Ni) 

-20.0 mg/1 

Molybdenum (expressed as Mo) 

-5.0 mg/1 

Fats, Oil and Grease (FOG) 

-100.0 mg/1 

Suspended Solids 

-1000.0 mg/1 

Settled Solids (60 min) 

-50.0 mg/1 

Temperature at point of entry 

-43 Degrees Celsius 

Electric Conductivity 

-500 mSm 

Caustic Alkalinity 

-2000 mg/1.

 

LOBATSE TOWN COUNCIL (PUBLIC LAND EXCAVATION) (CONTROL) BYE-LAWS

(section 6*)

(10th December, 2010)

ARRANGEMENT OF BYE-LAWS

   BYE-LAWS

 

   1.   Citation

   2.   Interpretation

   3.   Excavation of public land

   4.   Penalty

 

S.I. 119, 2010

 

1.   Citation

   These Bye-laws may be cited as the Lobatse Town Council (Public Land excavation) (Control) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "adequate precautions" means the refilling, fencing or putting warning signs along the edges of the hollow cavity of an excavated land;

   "Council" means the Lobatse Town Council;

   "Excavation" means the hollow cavity formed on the land by cutting or removal of vegetation, soil, sand or gravel; and

   "public land" means land within the Council area which is not private land.

 

3.   Excavation of public land

   (1) A person shall not, without written permission of the Council construct, dig, cause to be constructed or dug, on any public land, any hole, trench or other excavation for the purpose of cutting or removing vegetation, soil, sand or gravel for the purpose of any private construction or drainage or for any other purpose.

   (2) A person who with permission of the Council issued under subbye-law (1) constructs, dig, causes to be constructed or dug any hole, trench or other excavation on public land shall take adequate precautions to ensure the safety of the public, and shall be required to refill the hole, trench or other excavation done immediately on completion of the works.

   (3) Without prejudice to any prosecution for a contravention of this bye-law and notwithstanding any penalty which may be imposed under these Bye-laws for such contravention, the Council may take such measure as it considers necessary to ensure safety to the public.

   (4) Where, in the opinion of the Council, measures required under subbye-law (2) are inadequate, and where any expenses have been incurred by the Council to refill the hole, trench or other excavation done by that person, the expenses incurred by the Council shall be borne by the person responsible for the excavation and shall be a civil debt to the Council recoverable in any court of competent jurisdiction.

 

4.   Penalty

   A person who contravenes the provisions of bye-law 3 commits an offence and shall be liable on conviction to a fine not exceeding P500 for a first offence, or to a fine of P1 000 or to imprisonment for a term not exceeding 12 months or both on subsequent offence.

ESTABLISHMENT OF THE NORTH EAST DISTRICT COUNCIL ORDER

(section 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the North East District Council

   3.   Persons not disqualified for membership of Council

   4.   Filling of vacancies

   5.   Functions to be performed by the Council

 

      First Schedule

      Second Schedule

 

L.N. 38, 1966,
S.I. 110, 1969,
S.I. 68, 1980,
S.I. 114, 1984,
S.I. 94, 1994,
S.I. 63, 1999,
S.I. 109, 2004.

 

1.   Citation

   This Order may be cited as the Establishment of the North East District Council Order.

 

2.   Constitution and establishment of the North East District Council

   (1) There shall be a district council, to be known as the North East District Council, in respect of the area specified in the First Schedule.

   (2) The North East District Council shall consist of-

   (a)   19 elected members; and

   (b)   4 nominated members.

   (3) The elected members of the North East District Council shall be elected in the manner provided by the Electoral Act, each polling district within the Council area returning one member.

   (4) The nominated members of the North East District Council shall be appointed by the Minister by writing under his hand.

   (5) For the purposes of this Order "polling district" means a polling district established under the Electoral Act.

 

3.   Persons not disqualified for membership of Council

   No person shall be deemed to possess the disqualifications for membership of the Council referred to in section 7 of the Act merely because he has applied for and been granted a passport issued by or under the authority of the Government of any of the countries specified in the Second Schedule.

 

4.   Filling of vacancies

   If the seat of a member of the Council becomes vacant by virtue of any of the provisions of the Act the vacancy thus caused shall be filled in the case of-

   (a)   a seat occupied by an elected member, as in paragraph 2(3) of this Order;

   (b)   a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

 

5.   Functions to be performed by the Council

   The Council shall perform the functions set out in paragraph 1 of the Schedule to the Act and may perform any or all of the remaining functions set out in the said Schedule to that Act.

FIRST SCHEDULE

(paragraph 2(1))

   The area of the North East District Council shall be the area defined as the North East District under the Administrative Districts Act.

SECOND SCHEDULE

(paragraph 3)

            The Federal Republic of Germany
The French Republic
The Kingdom of Belgium
The Kingdom of Denmark
The Republic of Greece
The Kingdom of Norway
The Kingdom of Sweden
The Republic of Ireland
The Republic of Italy
The Republic of South Africa
The State of Israel
The State of Spain
The United States of America

ESTABLISHMENT OF THE KGALAGADI DISTRICT COUNCIL ORDER

(under section 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the Kgalagadi District Council

   3.   Persons not disqualified for membership of Council

   4.   Filling of vacancies

   5.   Functions to be performed by the Council

 

      First Schedule

      Second Schedule

 

L.N. 39, 1966,
S.I. 65, 1980,
S.I. 116, 1984,
S.I. 88, 1994,
S.I. 60, 1999,
S.I. 106, 2004.

 

1.   Citation

   This Order may be cited as the Establishment of the Kgalagadi District Council Order.

 

2.   Constitution and establishment of the Kgalagadi District Council

   (1) There shall be a district council, to be known as the Kgalagadi District Council, in respect of the area specified in the First Schedule.

   (2) The Kgalagadi District Council shall consist of-

   (a)   22 elected members; and

   (b)   4 nominated members.

   (3) The elected members of the Kgalagadi District Council shall be elected in the manner provided by the Electoral Act, each polling district within the Council area returning one member.

   (4) The nominated members of the Kgalagadi District Council shall be appointed by the Minister by writing under his hand.

   (5) For the purposes of this Order "polling district" means a polling district established under the Electoral Act.

 

3.   Persons not disqualified for membership of Council

   No person shall be deemed to possess the disqualifications for membership of the Council referred to in section 7 of the Act merely because he has applied for and been granted a passport issued by or under the authority of the Government of any of the countries specified in the Second Schedule.

 

4.   Filling of vacancies

   If the seat of a member of the Council becomes vacant by virtue of any of the provisions of the Act the vacancy thus caused shall be filled in the case of-

   (a)   a seat occupied by an elected member, as in paragraph 2(3) of this Order;

   (b)   a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

 

5.   Functions to be performed by the Council

   The Council shall perform the functions set out in paragraph 1 of the Schedule to the Act and may perform any or all of the remaining functions set out in the said Schedule to the Act.

FIRST SCHEDULE

(paragraph 2(1))

   The area of the Kgalagadi District Council shall be the area defined as the Kgalagadi District under the Administrative Districts Act.

SECOND SCHEDULE

(paragraph 3)

            The Federal Republic of Germany
The French Republic
The Kingdom of Belgium
The Kingdom of Denmark
The Republic of Greece
The Kingdom of Norway
The Kingdom of Sweden
The Republic of Ireland
The Republic of Italy
The Republic of South Africa
The State of Israel
The State of Spain
The United States of America

ESTABLISHMENT OF THE KGATLENG DISTRICT COUNCIL ORDER

(under section 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the Kgatleng District Council

   3.   Persons not disqualified for membership of Council

   4.   Filling of vacancies

   5.   Functions to be performed by the Council

 

      First Schedule

      Second Schedule

 

L.N. 40, 1966,
S.I. 32, 1969,
S.I. 105, 1969,
S.I. 66, 1980,
S.I. 120, 1984,
S.I. 87, 1994,
S.I. 65, 1999,
S.I. 107, 2004.

 

1.   Citation

   This Order may be cited as the Establishment of the Kgatleng District Council Order.

 

2.   Constitution and establishment of the Kgatleng District Council

   (1) There shall be a district council, to be known as the Kgatleng District Council, in respect of the area specified in the First Schedule.

   (2) The Kgatleng District Council shall consist of-

   (a)   23 elected members;

   (b)   4 nominated members; and

   (c)   the Chief or tribal authority of the Bakgatla Tribe.

   (3) The elected members of the Kgatleng District Council shall be elected in the manner provided by the Electoral Act, each polling district within the Council area returning one member.

   (4) The nominated members of the Kgatleng District Council shall be appointed by the Minister by writing under his hand.

   (5) For the purposes of this Order "polling district" means a polling district established under the Electoral Act.

 

3.   Persons not disqualified for membership of Council

   No person shall be deemed to possess the disqualifications for membership of the Council referred to in section 7 of the Act merely because he has applied for and been granted a passport issued by or under the authority of the Government of any of the countries specified in the Second Schedule.

 

4.   Filling of vacancies

   If the seat of a member of the Council becomes vacant by virtue of any of the provisions of the Act the vacancy thus caused shall be filled in the case of-

   (a)   a seat occupied by an elected member, as in paragraph 2(3) of this Order;

   (b)   a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

 

5.   Functions to be performed by the Council

   The Council shall perform the functions set out in paragraph 1 of the Schedule to the Act and may perform any or all of the remaining functions set out in the said Schedule to that Act.

FIRST SCHEDULE

(paragraph 2(1))

   The area of the Kgatleng District shall be the area defined as the Kgatleng District under the Administrative Districts Act.

SECOND SCHEDULE

(paragraph 3)

            The Federal Republic of Germany
The French Republic
The Kingdom of Belgium
The Kingdom of Denmark
The Republic of Greece
The Kingdom of Norway
The Kingdom of Sweden
The Republic of Ireland
The Republic of Italy
The Republic of South Africa
The State of Israel
The State of Spain
The United States of America

ESTABLISHMENT OF THE CENTRAL DISTRICT COUNCIL ORDER

(section 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the Central District Council

   3.   Persons not disqualified for membership of Council

   4.   Filling of vacancies

   5.   Functions to be performed by the Council

 

      First Schedule

      Second Schedule

 

L.N. 41, 1966,
S.I. 106, 1969,
S.I. 63, 1980,
S.I. 119, 1984,
S.I. 93, 1994,
S.I. 64, 1999,
S.I. 104, 2004,
S.I. 85, 2009.

 

1.   Citation

   This Order may be cited as the Establishment of the Central District Council Order.

 

2.   Constitution and establishment of the Central District Council

   (1) There shall be a district council, to be known as the Central District Council, in respect of the area specified in the First Schedule.

   (2) The Central District Council shall consist of-

   (a)   140 elected members;

   (b)   34 nominated members; and

   (c)   the Chief or tribal authority of the Bamangwato Tribe.

   (3) The elected members of the Central District Council shall be elected in the manner provided by the Electoral Act, each polling district within the Council area returning one member.

   (4) The nominated members of the Central District Council shall be appointed by the Minister by writing under his hand.

   (5) For the purposes of this Order "polling district" means a polling district established under the Electoral Act.

 

3.   Persons not disqualified for membership of Council

   No person shall be deemed to possess the disqualifications for membership of the Council referred to in section 7 of the Act merely because he has applied for and been granted a passport issued by or under the authority of the Government of any of the countries specified in the Second Schedule.

 

4.   Filling of vacancies

   If the seat of a member of the Council becomes vacant by virtue of any provisions of the Act the vacancy thus caused shall be filled in the case of-

   (a)   a seat occupied by an elected member, as in paragraph 2(3) of this Order;

   (b)   a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

 

5.   Functions to be performed by the Council

   The Council shall perform the functions set out in paragraph 1 of the Schedule to the Act and may perform any or all of the remaining functions set out in the said Schedule to that Act.

FIRST SCHEDULE

(paragraph 2(1))

   The area of the Central District Council shall be the area defined as the Central District under the Administrative Districts Act.

SECOND SCHEDULE

(paragraph 3)

            The Federal Republic of Germany
The French Republic
The Kingdom of Belgium
The Kingdom of Denmark
The Republic of Greece
The Kingdom of Norway
The Kingdom of Sweden
The Republic of Ireland
The Republic of Italy
The Republic of South Africa
The State of Israel
The State of Spain
The United States of America

ESTABLISHMENT OF THE NORTH WEST DISTRICT COUNCIL ORDER

(under section 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the North West District Council

   3.   Persons not disqualified for membership of Council

   4.   Filling of vacancies

   5.   Functions to be performed by the Council

 

      First Schedule

      Second Schedule

 

L.N. 42, 1966,
S.I. 107, 1969,
S.I. 69, 1980,
S.I. 117, 1984,
S.I. 84, 1994,
S.I. 61, 1999,
S.I. 110, 2004,
S.I. 9, 2006.

 

1.   Citation

   This Order may be cited as the Establishment of the North West District Council Order.

 

2.   Constitution and establishment of the North West District Council

   (1) There shall be a district council, to be known as the North West District Council, in respect to the area specified in the First Schedule.

   (2) The North West District Council shall consist of-

   (a)   39 elected members;

   (b)   eight nominated members; and

   (c)   the Chief or tribal authority of the Batawana Tribe.

   (3) The elected members of the North West District Council shall be elected in the manner provided by the Electoral Act, each polling district within the Council area returning one member.

   (4) The nominated members of the North West District Council shall be appointed by the Minister by writing under his hand.

   (5) For the purposes of this Order "polling district" means a polling district established under the Electoral Act.

 

3.   Persons not disqualified for membership of Council

   No person shall be deemed to possess the disqualifications for membership of the Council referred to in section 7 of the Act merely because he has applied for and been granted a passport issued by or under the authority of the Government of any of the countries specified in the Second Schedule.

 

4.   Filling of vacancies

   If the seat of a member of the Council becomes vacant by virtue of any of the provisions of the Act the vacancy thus caused shall be filled in the case of-

   (a)   a seat occupied by an elected member, as in paragraph 2(3) of this Order;

   (b)   a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

 

5.   Functions to be performed by the Council

   The Council shall perform the functions set out in paragraph 1 of the Schedule to the Act and may perform any or all of the remaining functions set out in the said Schedule to that Act.

FIRST SCHEDULE

(paragraph 2(1))

   The area of the North West District shall be the area defined as the North West District under the Administrative Districts Act.

SECOND SCHEDULE

(paragraph 3)

            The Federal Republic of Germany
The French Republic
The Kingdom of Belgium
The Kingdom of Denmark
The Republic of Greece
The Kingdom of Norway
The Kingdom of Sweden
The Republic of Ireland
The Republic of Italy
The Republic of South Africa
The State of Israel
The State of Spain
The United States of America

ESTABLISHMENT OF THE SOUTH EAST DISTRICT COUNCIL ORDER

(section 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the South East District Council

   3.   Persons not disqualified for membership of Council

   4.   Filling of vacancies

   5.   Functions to be performed by the Council

 

      First Schedule

      Second Schedule

 

L.N. 43, 1966,
L.N. 74, 1966,
S.I. 104, 1969,
S.I. 121, 1984,
S.I. 82, 1994,
S.I. 58, 1999,
S.I. 111, 2004,
S.I. 14, 2007,
S.I. 87, 2009.

 

1.   Citation

   This Order may be cited as the Establishment of the South East District Council Order.

 

2.   Constitution and establishment of the South East District Council

   (1) There shall be a district council, to be known as the South East District Council, in respect of the area specified in the First Schedule.

   (2) The South East District shall consist of-

   (a)   21 elected members;

   (b)   four nominated members; and

   (c)   the Chief or tribal authority of the Bamalete Tribe and the Chief or tribal authority of the Batlokwa Tribe.

   (3) The elected members of the South East District Council shall be elected in the manner provided by the Electoral Act, each polling district within the Council area returning one member.

   (4) The nominated members of the South East District Council shall be appointed by the Minister by writing under his hand.

   (5) For the purposes of this Order "polling district" means a polling district established under the Electoral Act.

 

3.   Persons not disqualified for membership of Council

   No person shall be deemed to possess the disqualifications for membership of the Council referred to in section 7 of the Act merely because he has applied for and been granted a passport issued by or under the authority of the Government of any of the countries specified in the Second Schedule.

 

4.   Filling of vacancies

   If the seat of a member of the Council becomes vacant by virtue of any of the provisions of the Act the vacancy thus caused shall be filled in the case of-

   (a)   a seat, occupied by an elected member, as in paragraph 2(3) of this Order;

   (b)   a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

 

5.   Functions to be performed by the Council

   The Council shall perform the functions set out in paragraph 1 of the Schedule to the Act and may perform any or all of the remaining functions set out in the said Schedule to that Act.

FIRST SCHEDULE

(paragraph 2(1))

   The area of the South East District Council shall be the area defined as the South East District under the Administrative Districts Act.

SECOND SCHEDULE

(paragraph 3)

            The Federal Republic of Germany
The French Republic
The Kingdom of Belgium
The Kingdom of Denmark
The Republic of Greece
The Kingdom of Norway
The Kingdom of Sweden
The Republic of Ireland
The Republic of Italy
The Republic of South Africa
The State of Israel
The State of Spain
The United States of America

ESTABLISHMENT OF THE SOUTHERN DISTRICT COUNCIL ORDER

(section 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the Southern District Council

   3.   Persons not disqualified for membership of Council

   4.   Filling of vacancies

   5.   Functions to be performed by the Council

 

      First Schedule

      Second Schedule

 

L.N. 44, 1966,
S.I. 69, 1969,
S.I. 109, 1969,
S.I. 16, 1971,
S.I. 119, 1974,
S.I. 70, 1980,
S.I. 118, 1984,
S.I. 100, 1994,
S.I. 59, 1999,
S.I. 112, 2004,
S.I. 89, 2009.

 

1.   Citation

   This Order may be cited as the Establishment of the Southern District Council Order.

 

2.   Constitution and establishment of the Southern District Council

   (1) There shall be a district council, to be known as the Southern District Council, in respect of the area specified in the First Schedule.

   (2) The Southern District Council shall consist of-

   (a)   52 elected members;

   (b)   12 nominated members;

   (c)   the Chief or tribal authority of the Bangwaketse Tribe; and

   (d)   the Chief or Chief's representative or tribal authority of the Barolong Tribe.

   (3) The elected members of the Southern District Council shall be elected in the manner provided by the Electoral Act, each polling district within the Council area returning one member.

   (4) The nominated members of the Southern District Council shall be appointed by the Minister by writing under his hand.

   (5) For the purposes of this Order "polling district" means a polling district established under the Electoral Act.

 

3.   Persons not disqualified for membership of Council

   No person shall be deemed to possess the disqualifications for membership of the Council referred to in section 7 of the Act merely because he has applied for and been granted a passport issued by or under the authority of the Government of any of the countries specified in the Second Schedule.

 

4.   Filling of vacancies

   If the seat of a member of the Council becomes vacant by virtue of any of the provisions of the Act the vacancy thus caused shall be filled in the case of-

   (a)   a seat, occupied by an elected member, as in paragraph 2(3) of this Order;

   (b)   a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

 

5.   Functions to be performed by the Council

   The Council shall perform the functions set out in paragraph 1 of the Schedule to the Act and may perform any or all of the remaining functions set out in the said Schedule to that Act.

FIRST SCHEDULE

(paragraph 2(1))

   The area of the Southern District Council shall be the Southern District as defined under the Administrative Districts Act.

SECOND SCHEDULE

(paragraph 3)

            The Federal Republic of Germany
The French Republic
The Kingdom of Belgium
The Kingdom of Denmark
The Republic of Greece
The Kingdom of Norway
The Kingdom of Sweden
The Republic of Ireland
The Republic of Italy
The Republic of South Africa
The State of Israel
The State of Spain
The United States of America

ESTABLISHMENT OF THE KWENENG DISTRICT COUNCIL ORDER

(section 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the Kweneng District Council

   3.   Persons not disqualified for membership of Council

   4.   Filling of vacancies

   5.   Functions to be performed by the Council

 

      First Schedule

      Second Schedule

 

L.N. 45, 1966,
S.I. 108, 1969,
S.I. 113, 1969,
S.I. 117, 1974,
S.I. 67, 1980,
S.I. 115, 1984,
S.I. 86, 1994,
S.I. 57, 1999,
S.I. 108, 2004,
S.I. 88, 2009.

 

1.   Citation

   This Order may be cited as the Establishment of the Kweneng District Council Order.

 

2.   Constitution and establishment of the Kweneng District Council

   (1) There shall be a district council, to be known as the Kweneng District Council, in respect of the area specified in the First Schedule.

   (2) The Kweneng District Council shall consist of-

   (a)   66 elected members;

   (b)   16 nominated members; and

   (c)   the Chief or tribal authority of the Bakwena Tribe.

   (3) The elected members of the Kweneng District Council shall be elected in the manner provided by the Electoral Act, each polling district within the Council area returning one member.

   (4) The nominated members of the Kweneng District Council shall be appointed by the Minister by writing under his hand.

   (5) For the purposes of this Order "polling district" means a polling district established under the Electoral Act.

 

3.   Persons not disqualified for membership of Council

   No person shall be deemed to possess the disqualifications for membership of the Council referred to in section 7 of the Act merely because he has applied for and been granted a passport issued by or under the authority of the Government of any of the countries specified in the Second Schedule.

 

4.   Filling of vacancies

   If the seat of a member of the Council becomes vacant by virtue of any of the provisions of the Act the vacancy thus caused shall be filled in the case of-

   (a)   a seat occupied by an elected member, as in paragraph 2(3) of this Order;

   (b)   a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

 

5.   Functions to be performed by the Council

   The Council shall perform the functions set out in paragraph 1 of the Schedule to the Act and may perform any or all of the remaining functions set out in the said Schedule to that Act.

FIRST SCHEDULE

(paragraph 2(1))

   The area of the Kweneng District Council shall be the Kweneng District as defined under the Administrative Districts Act.

SECOND SCHEDULE

(paragraph 3)

            The Federal Republic of Germany
The French Republic
The Kingdom of Belgium
The Kingdom of Denmark
The Republic of Greece
The Kingdom of Norway
The Kingdom of Sweden
The Republic of Ireland
The Republic of Italy
The Republic of South Africa
The State of Israel
The State of Spain
The United States of America

ESTABLISHMENT OF THE GHANZI DISTRICT COUNCIL ORDER

(under section 4)

(1st July, 1966)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

 

   1.   Citation

   2.   Constitution and establishment of the Ghanzi District Council

   3.   Persons not disqualified for membership of Council

   4.   Filling of vacancies

   5.   Functions to be performed by the Council

 

      First Schedule

      Second Schedule

 

L.N. 46, 1966,
S.I. 64, 1980,
S.I. 122, 1984,
S.I. 90, 1994,
S.I. 62, 1999,
S.I. 105, 2004,
S.I. 137, 2014.

 

1.   Citation

   This Order may be cited as the Establishment of the Ghanzi District Council Order.

 

2.   Constitution and establishment of the Ghanzi District Council

   (1) There shall be a district council, to be known as the Ghanzi District Council, in respect of the area specified in the First Schedule.

   (2) The Ghanzi District Council shall consist of-

   (a)   20 elected members; and

   (b)   six nominated members.

   (3) The elected members of the Ghanzi District Council shall be elected in the manner provided by the Electoral Act, each polling district within the Council area returning one member.

   (4) The nominated members of the Ghanzi District Council shall be appointed by the Minister by writing under his hand.

   (5) For the purposes of this Order "polling district" means a polling district established under the Electoral Act.

 

3.   Persons not disqualified for membership of Council

   No person shall be deemed to possess the disqualifications for membership of the Council referred to in section 7 of the Act merely because he has applied for and been granted a passport issued by or under the authority of the Government of any of the countries specified in the Second Schedule.

 

4.   Filling of vacancies

   If the seat of a member of the Council becomes vacant by virtue of any of the provisions of the Act the vacancy thus caused shall be filled in the case of-

   (a)   a seat occupied by an elected member, as in paragraph 2(3) of this Order;

   (b)   a seat occupied by a nominated member, as in paragraph 2(4) of this Order.

 

5.   Functions to be performed by the Council

   The Council shall perform the functions set out in paragraph 1 of the Schedule to the Act and may perform any or all of the remaining functions set out in the said Schedule to that Act.

FIRST SCHEDULE

(para 2(1))

   The area of the Ghanzi District Council shall be the Ghanzi District as defined under the Administrative Districts Act.

SECOND SCHEDULE

(para 3)

            The Federal Republic of Germany
The French Republic
The Kingdom of Belgium
The Kingdom of Denmark
The Republic of Greece
The Kingdom of Norway
The Kingdom of Sweden
The Republic of Ireland
The Republic of Italy
The Republic of South Africa
The State of Israel
The State of Spain
The United States of America

KGATLENG DISTRICT COUNCIL (CONTROL OF LIVESTOCK AND OTHER ANIMALS) BYE-LAWS

(sections 33 and 34)

(22nd February, 1980)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Power to detain wandering livestock

   4.   Power to destroy certain animals

   4A.   Period of detention of livestock

   5.   Power to prohibit the use of certain stables

   6.   Dangerous animals

   7.   Causing nuisance

   8.   Claiming of livestock

   9.   Penalties

 

      First Schedule - Village Area

      Second Schedule - Council Stable and Kraal Fees

 

S.I. 23, 1980,
S.I. 114, 2010.

 

1.   Citation

   These Bye-laws may be cited as the Kgatleng District Council (Control of Livestock and Other Animals) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "authorised official" means a person authorised by the Council Secretary, in writing, to give effect to or enforce these Bye-laws;

   "Council" means the Kgatleng District Council or any committee appointed by the Council for the purposes of controlling livestock and other animals;

   "Council Officer" means the Council Secretary, the Council Treasurer, Bye-law Enforcement Officer and any other authorised official;

   "Council stable" means a stable established by the Council for the purposes of these Bye-laws;

   "herd boy" means a council employee so authorised to drive astray, wandering or reported animals or detain them into council kraals;

   "livestock" means cattle, sheep, camels, goats, horses, mules, asses, pigs, canines, felines, monkeys, other carnivora and all domesticated birds or poultry;

   "police officer" means any member of the Botswana Police Service;

   "stable" includes a cowshed, stall, pen, kraal or sty;

   "village area" means any village within the Kgatleng District Council.

 

3.   Power to detain wandering livestock

   (1) Any person authorised by the Council in writing in that behalf may seize and detain in a Council stable or kraal any untended livestock found wandering at large within a village area.

   (2) Any person who wilfully obstructs another in the exercise of the powers conferred by subbye-law (1) shall be guilty of an offence.

 

4.   Power to destroy certain animals

   (1) Any person authorized by the Council in writing in that behalf may destroy any animal, other than livestock, found wandering within a village area if-

   (a)   the animal in his presence causes injury or damage to any person or property; or

   (b)   he has reasonable grounds to believe that the animal has recently caused or is about to cause such injury or damage.

   (2) Any person who wilfully obstructs another in the exercise of the powers conferred by subbye-law (1) shall be guilty of an offence.

 

4A.   Period of detention of livestock

   Any livestock detained under these Bye-laws shall, if not claimed within seven days, be handed over to a matimela kraal in terms of the Matimela Act.

 

5.   Power to prohibit the use of certain stables

   (1) Where the Council is of the opinion that any stable ought not to be used for the keeping of livestock by reason of its situation, construction, condition or the habitual manner of its use, the Council may, by notice in writing served on the owner or occupier of the stable, prohibit such use until such time as the notice is cancelled by the Council in writing.

   (2) Any person who uses a stable for the keeping of livestock after a notice under subbye-law (1) has been served on the owner or occupier of the stable and before the notice is cancelled in accordance with subbye-law (1) shall be guilty of an offence and liable to a fine not exceeding P20 or in default of payment to imprisonment for a term not exceeding one month.

 

6.   Dangerous animals

   Any person who permits or allows any troublesome or ferocious dog or monkey or any carnivorous wild animal to be at large off the premises on which such animal is normally kept shall be guilty of an offence.

 

7.   Causing nuisance

   Any person who keeps any livestock or bees so as to disturb the comfort of the inhabitants of a village area shall be guilty of an offence.

 

8.   Claiming of livestock

   (1) Any person entitled to take possession of livestock detained under these Bye-laws in a Council stable or kraal may remove the livestock upon production of certified identity documents on payment of the appropriate fee specified in the Second Schedule.

   (2) Any person who removes or attempts to remove from a Council stable or kraal livestock therein detained under these Bye-laws without payment of the appropriate fee shall be guilty of an offence.

 

9.   Penalties

   Any person guilty of an offence under these Bye-laws forwhich no penalty is provided shall be liable on first conviction to a fine not exceeding P2 000 or in default of payment to imprisonment for a term not exceeding six months days or in the event of a second or subsequent conviction to a fine not exceeding P5 000 or in default of payment to imprisonment for a term not exceeding one year.

FIRST SCHEDULE
VILLAGE AREA

(bye-law 2)

   The area within a radius of eight kilometres from Mochudi Post Office.

SECOND SCHEDULE
COUNCIL STABLE AND KRAAL FEES

(bye-law 8)

 

Animals 

Fee 

Sheep, goat and pig 

P5 per head per day 

Cattle, donkey, mule and horse 

P10 per head per day 

Other animals 

P2 per head per day

SOUTH EAST DISTRICT COUNCIL (NOISE AND NUISANCE) BYE-LAWS

(sections 33 and 34)

(11th August, 1978)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Condition of operating any sound system

   4.   Restriction on advertising by sound system

   5.   Prohibition of continuing certain loud or unseemly noises and disturbances

   6.   Prohibition of continuing certain noises and activities in market squares, etc.

   7.   Playing of any sound system on Sundays, etc.

   8.   Singing during certain hours

   9.   Confiscation of instruments, etc.

   10.   Penalties

 

S.I. 31, 1969,
S.I. 85, 1978,
S.I. 107, 1992
S.I. 28, 2002,
S.I. 88, 2015.

 

1.   Citation

   These Bye-laws may be cited as the South East District Council (Noise and Nuisance) Bye-laws.

 

2.   Interpretation

   In these Bye-laws "Council" means the South East District Council.

 

3.   Condition of operating any sound system

   No person shall operate or cause or permit to be operated any wireless, record player, loudspeaker, amplifier or similar device to the annoyance of the occupants or inmates of any premises in the neighbourhood.

 

4.   Restriction on advertising by sound system

   No person shall operate any wireless, record player, loudspeaker, amplifier or similar device or play any musical instrument for the purpose of advertising on or adjacent to any street without the consent in writing of the Council.

 

5.   Prohibition of continuing certain loud or unseemly noises and disturbances

   No person shall continue to make any loud or unseemly noise or disturbance by shouting, screaming or yelling or by blowing upon any horn or other instrument or by beating upon any drum or other instrument so as to annoy or to disturb or interfere with the rest, peace or tranquillity of the inhabitants of the neighbourhood after having been required to desist from so doing by a police officer or by any inhabitant of the neighbourhood so annoyed or whose rest, peace or tranquillity has been so disturbed or interfered with.

 

6.   Prohibition of continuing certain noises and activities in market squares, etc.

   No person shall in any market square, street, park or public place-

   (a)   continue to ring any bell, sound any horn, blow any whistle, use any noisy instrument or shout; or

   (b)   continue to hawk, sell or distribute any article or thing whatsoever, to the annoyance, disturbance or inconvenience of any person using the market square, street, park or public place, after having been required to desist from so doing by a police officer or by any person so annoyed, disturbed or inconvenienced:

   Provided that this bye-law shall not apply in the case of a person acting under and in accordance with a written permit issued to him by the Council for the purposes of this bye-law.

 

7.   Playing of any sound system on Sundays, etc.

   No person shall at any time on a Sunday or before 8 a.m. or after 4 p.m. on other days play any instrument which, by reason of the noise created thereby, is offensive or constitutes a nuisance or disturbs the comfort or peace of the inhabitants of the neighbourhood.

 

8.   Singing during certain hours

   No person shall between 4 p.m. and 8 a.m. the following day sing in such a manner as to disturb the peace and tranquillity of the neighbourhood.

 

9.   Confiscation of instruments, etc.

   Any member of the Police Force or any person authorised by the Council may confiscate any instrument, bell, horn, record player, amplifier or similar device used for contravening the Bye-laws.

 

10.   Penalties

   Any person who fails to comply with these Bye-laws commits an offence and shall be liable to a fine not exceeding P500 or, in default thereof, to imprisonment for a term not exceeding 21 days, and on a second or subsequent conviction, to a fine not exceeding P2 000 or, in default thereof, to imprisonment for a term not exceeding four months.

NORTH WEST DISTRICT COUNCIL (REFUSE) BYE-LAWS

(under sections 33 and 34)

(12th December, 1969)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Application

   3.   Interpretation

   4.   Refuse not to be deposited in public places

   5.   Refuse not to be accumulated on private premises

   6.   Refuse to be removed from private premises

   7.   Refuse to be removed to receptacle or place designated

   8.   Refuse not to be deposited in water supplies

   9.   Offences

 

S.I. 118, 1969.

 

1.   Citation

   These Bye-laws may be cited as the North West District Council (Refuse) Bye-laws.

 

2.   Application

   These Bye-laws shall apply to the village of Maun, and bye-law 8 shall apply throughout the North West District.

 

3.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "Council" means the North West District Council;

   "occupier" means any person in actual occupation of premises, or legally entitled to occupy them;

   "premises" includes any yard, field, garden or land, whether enclosed or open;

   "public place" means any public street, square, road or thoroughfare, any tribal kgotla and any public or communal land;

   "refuse" includes any filth, rubbish, trash, garbage, excrement, waste products from any source, rubble, derelict vehicles or tyres, and any matter which may be offensive, or a nuisance, or injurious or dangerous to health, or favour the breeding of flies or mosquitoes or favour the harbouring of rodents.

 

4.   Refuse not to be deposited in public places

   No person shall deposit any refuse in or near any public place:

   Provided that refuse may be deposited at a refuse dump designated by the Council or in receptacles provided by the Council.

 

5.   Refuse not to be accumulated on private premises

   No person who is the owner or occupier of any private premises shall permit any refuse to accumulate or remain thereon so as to be offensive or a nuisance or injurious or dangerous to health or to favour the breeding of flies or mosquitoes or to favour the harbouring of rodents.

 

6.   Refuse to be removed from private premises

   (1) The owner or occupier of any private premises shall, within three days after having been given notice to do so by the Council, remove or cause to be removed from such premises any refuse thereon.

   (2) If any owner or occupier of premises fails after due notice to comply with sub-bye-law (1) by removing or causing to be removed from such premises any refuse thereon, the Council shall have power to enter by its agents or servants upon such premises and remove such refuse and to recover from such owner or occupier the cost of such removal.

   (3) Where any Court convicts an owner or occupier of premises of failure to comply with sub-bye-law (1), such Court may, in addition to imposing any penalty prescribed therefor, order that any expense incurred by the Council in removing refuse in consequence of the offender's failure to comply shall be paid by him.

 

7.   Refuse to be removed to receptacle or place designated

   No person shall remove or cause to be removed any refuse to any place other than a receptacle provided, or a place designated, by the Council for the reception of such refuse.

 

8.   Refuse not to be deposited in water supplies

   No person shall deposit any refuse in, or cause or permit any refuse to enter, any river, stream, spring, pool, well, borehole, dam, catchment basin or any channel or source of water supply.

 

9.   Offences

   (1) Any person who contravenes bye-law 4, 5, 6(1) or 7 shall be guilty of an offence and liable on a first conviction to a fine not exceeding P10 or in default of payment, to imprisonment for a term not exceeding one month, and on any subsequent conviction for the same offence to a fine not exceeding P25 or to imprisonment for a term not exceeding three months, or to both.

   (2) Any person who contravenes bye-law 8 shall be guilty of an offence and liable on a first conviction to a fine not exceeding P15 or in default of payment to imprisonment for a term not exceeding six weeks, and on any subsequent conviction to a fine not exceeding P60 or to imprisonment for a term not exceeding six months, or to both.

GHANZI DISTRICT COUNCIL (REFUSE) BYE-LAWS

(under sections 33 and 34)

(7th April, 1978)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Refuse not to be deposited in water supplies

   3.   Penalties

 

S.I. 38, 1978.

 

1.   Citation

   These Bye-laws may be cited as the Ghanzi District Council (Refuse) Bye-laws.

 

2.   Refuse not to be deposited in water supplies

   (1) No person shall deposit any refuse in or cause or permit or allow any refuse to enter any river, stream, spring, pool, well, borehole, dam, catchment basin or any channel or source of water supply.

   (2) In sub-bye-law (1) "refuse" includes any filth, rubbish, trash, garbage, excrement, waste products from any source, rubble, derelict vehicles or tyres, and any matter which is offensive or a nuisance or injurious or dangerous to health or favours the breeding of flies or mosquitoes or the harbouring of rodents.

 

3.   Penalties

   Any person who contravenes bye-law 2(1) shall be guilty of an offence and liable to a fine not exceeding P15, or in default of payment, to imprisonment for a term not exceeding six weeks, or, in the event of a second or subsequent conviction, to a fine not exceeding P60, or in default of payment to imprisonment for a term not exceeding three months.

KANYE (WATER FEES) BYE-LAWS

(under sections 33 and 34)

(15th September, 1972)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Application

   3.   Interpretation

   4.   Annual water fees

   5.   Liability for water fees

   6.   Exemption from liability for water fees

   7.   Collection of water fees and issue of receipts

   8.   Drawing of water from public taps for use in business

   9.   Drawing of water from public taps into drums or containers restricted

   10.   Application for installation of private taps

   11.   Drawing of water at private taps restricted

   12.   Livestock not to be watered at public taps

   13.   Attachment of hosepipes or other conduits to public taps prohibited

   14.   Interference with pipelines, etc. prohibited

   15.   Production of water fees receipts

   16.   Penalty

 

      First Schedule

      Second Schedule - Water (Business Use) Permit

      Third Schedule - Fees for Water (Business Use) Permits

      Fourth Schedule

      Fifth Schedule

      Sixth Schedule - Price of Water Tickets

 

S.I. 69, 1972,
S.I. 113, 1975.

 

1.   Citation

   These Bye-laws may be cited as the Kanye (Water Fees) Bye-laws.

 

2.   Application

   These Bye-laws shall apply to the villages of Kanye, Moshupa, Mabutsane, Mmathethe, Moshaneng and Good Hope.

 

3.   Interpretation

   In these bye-laws, unless the context otherwise requires-

   "business" means an undertaking carried on for profit or reward from fixed premises within the villages where these Bye-laws apply, and where such an undertaking is carried on for more than one set of premises the undertaking as carried on in each such set shall be deemed to be a separate business;

   "collector" means a collector or assistant collector appointed by the Council to collect any tax on behalf of the Council;

   "consumer" means a person entitled by virtue of payments made in accordance with bye-law 4, to draw water from public taps provided by the Council;

   "Council" means the Southern District Council;

   "head", in relation to a lolwapa, means the senior male person over the age of 21 years residing in such lolwapa or, if no such person resides therein, the senior female person over the age of 21 years residing therein;

   "livestock" means cattle, goats, sheep, horses, donkeys and mules;

   "lolwapa" means a customary residential precinct.

   "private tap" means a water drawing point located within the confines of a lolwapa or any private property;

   "public tap" means a water drawing point located in a public place and available for public use;

   "village of Kanye" means the area described in the First Schedule;

   "village of Moshupa" means the area defined in the Fifth Schedule;

   "villages of Mabutsane, Mmathethe, Moshaneng and Good Hope" means the area within one kilometre of any public stand-pipe in these villages;

   "Water Authority" means the authority appointed for the villages of Kanye and Moshupa under section 4 of the Waterworks Act.

 

4.   Annual water fees

   (1) There shall be payable to the Council in respect of every lolwapa, every private dwelling-house and every set of premises of a business or of any religious, educational or other institution an annual water fee of P2 or as prescribed from time to time by the Council.

   (2) Such fee shall become due and payable on 1st January in every year.

   (3) Payment of such fee shall, subject to bye-laws 9 and 10, entitle persons residing or employed in the lolwapa, private dwelling-house or premises in respect of which it is paid, to draw water when available, from public taps provided by the Council during 12 months from the date on which it became payable.

   (4) Any person who contravenes sub-bye-law (1) shall be guilty of an offence.

 

5.   Liability for water fees

   (1) The water fees due and payable in respect of any lolwapa shall be paid by, and may be collected or recovered by legal process from, the head of such lolwapa.

   (2) The water fees due and payable in respect of any private dwelling-house, not being a lolwapa, shall be paid by, and may be collected or recovered by legal process from, the occupier, failing whom the owner, of such dwelling-place.

   (3) The water fees due and payable in respect of any other premises shall be paid by, and may be collected or recovered by legal process from, the occupier, failing whom the owner, of such premises.

   (4) Any person living outside the areas defined as the villages of Kanye, Moshupa, Mabutsane, Mmathethe, Moshaneng and Good Hope who is found to be using water from these villages shall be subject to the provisions of bye-law 4(1).

 

6.   Exemption from liability for water fees

   Any person who would in terms of bye-law 5 be liable to pay water fees shall be exempt from such liability if the Finance and General Purposes Committee of the Council declares itself satisfied that he can reasonably be considered destitute.

 

7.   Collection of water fees and issue of receipts

   (1) Water fees due and payable under these bye-laws may be collected from persons obliged to pay such fees by collectors.

   (2) Every collector who receives a water fee shall immediately deliver to the person paying such a fee an official receipt therefor.

   (3) Whenever the Council receives a water fee otherwise than through a collector who has delivered a receipt therefor in terms of sub-bye-law (2), it shall immediately deliver to the person paying such fee an official receipt therefor.

 

8.   Drawing of water from public taps for use in business

   (1) No person shall draw water from any public tap for use in a business unless he is employed in or by the business and the person carrying on such business has obtained from the Council on payment of the prescribed fee a permit in the form set out in the Second Schedule authorizing persons employed in or by such business to draw water from public taps.

   (2) The fees to be charged for permits referred to in sub-bye-law (1) shall depend on the type of business carried on and shall be as specified in the Third Schedule.

   (3) The period of a permit shall extend from 1st January to the following 31st December.

   (4) In the event of a contravention of sub-bye-law (1), if the person drawing water is not employed in or by the business for use in which the water is drawn he shall be guilty of an offence, and if such person is so employed the person carrying on such business shall, unless he proves that he took all reasonable steps to prevent the contravention, be guilty of an offence.

 

9.   Drawing of water from public taps into drums or containers restricted

   (1) No person shall draw water from any public tap into a drum or container of 200 litres (44 gallons) capacity or more except at a water point named in the Fourth Schedule and after presenting to an attendant at such water point, being a person apparently in the service of the Council, a water ticket purchased from the revenue department of the Council authorizing the drawing of a quantity of water not less than the capacity of such drum or container.

   (2) The price of water tickets shall be as specified in the Sixth Schedule.

   (3) Any person who contravenes sub-bye-law (1) shall be guilty of an offence.

 

10.   Application for installation of private taps

   (1) Any person may apply to the Water Authority or Council, as the case may be, in the villages where these Bye-laws apply to have a private tap installed in a lolwapa, private dwelling-house, premises of a business, religious, educational or other character upon such terms and conditions as may be agreed by the applicant and the Water Authority or Council.

   (2) There shall be payable to the Council in respect of every private tap in the villages of Mabutsane, Mmathethe, Moshaneng and Good Hope a water fee of 11 thebe for 1000 litres (50 thebe per 1000 gallons) used or as prescribed from time to time by the Council.

 

11.   Drawing of water at private taps restricted

   (1) No person shall draw water at a private tap without the consent of the head of the lolwapa or the occupier or owner of the private dwelling-house or premises within the confines of which it is located.

   (2) Any person who contravenes sub-bye-law (1) shall be guilty of an offence.

 

12.   Livestock not to be watered at public taps

   (1) No person shall water livestock at a public tap.

   (2) Any person who contravenes sub-bye-law (1) shall be guilty of an offence.

 

13.   Attachment of hosepipes or other conduits to public taps prohibited

   (1) No person shall attach to a public tap a hosepipe or other such device for conducting water other than to fill a drum or container at water points specified in the Fourth Schedule.

   (2) Any person who contravenes sub-bye-law (1) shall be guilty of an offence.

 

14.   Interference with pipelines, etc. prohibited

   (1) No person shall in any way alter or tamper with any pipeline or other installation for the supply of water without-

   (a)   in the case of a pipeline or installation owned by the Council, the express consent of the Council; or

   (b)   in the case of a pipeline or installation owned by a person other than the Council, the express consent of such other person.

   (2) Any person who contravenes sub-bye-law (1) shall be guilty of an offence.

 

15.   Production of water fees receipts

   (1) Any collector may require the head of any lolwapa and the occupier of any private dwelling-place or other premises to produce on demand, or at the Council's offices within 24 hours, a water fee receipt in respect of such lolwapa, private dwelling-place or premises issued in terms of bye-law 7 not earlier than 1st January preceding the date of demand.

   (2) Any head of a lolwapa or occupier to whom a receipt such as is referred to in sub-bye-law (1) has been issued who fails to produce such receipt or who produces a falsified receipt shall be guilty of an offence and liable on conviction to a fine not exceeding P20 or to a term of imprisonment not exceeding one month, or to both.

 

16.   Penalty

   Any person found guilty of an offence under bye-law 4(1), 8(1), 9(1), 10(2), 11(1), 12(1), 13(1) or 14(1) shall be liable to a fine not exceeding P50 and to imprisonment for a term not exceeding two years.

FIRST SCHEDULE

(bye-law 3)

   The area contained within the boundary described as follows-

   Commencing at a point A the co-ordinates of which are y-115000 x+9055000 the boundary runs in a straight line in a southerly direction to point B the co-ordinates of which are y-115000 x+9063000; thence in a straight line in an easterly direction to point C the co-ordinates of which are y-121000 x+9063000; thence in a straight line in a southerly direction to point D the co-ordinates of which are y-121000 x+9071000; thence in a straight line in a south-westerly direction to point E the co-ordinates of which are y-118000 x+9076000; thence in a straight line in a westerly direction to point F the co-ordinates of which are y-112000 x+9076000; thence in a straight line in a north-westerly direction to point G the co-ordinates of which are y-104000 x+9076000; thence in a straight line in a northerly direction to point H the co-ordinates of which are y-104000 x+9065000; thence in a straight line in a north-easterly direction to point J the co-ordinates of which are y-107000 x+9055000; thence in a straight line in an easterly direction to the point of commencement, as will more fully appear from Plan KO-140/1, filed in the Department of Surveys and Lands, the co-ordinates of points A, B, C, D, E, F, G, H and J being expressed in English feet on the Trigonometrical system Lo 25°.

SECOND SCHEDULE
WATER (BUSINESS USE) PERMIT

(bye-law 8(1))

KANYE (WATER FEES) BYE-LAWS

 

Name of Permit-holder: ............................................................................................


Name of Business, if different from above: ..................................................................


Type of Business: ....................................................................................................


Fee Paid: ................................................................................................................


Date of Expiration of Permit: 31st December, 20 .........................................................


   This is to certify that the permit-holder named above has paid a fee in terms of bye-law 8 of the Kanye (Water Fees) Bye-Laws, and that persons employed in or by the business named above are permitted to draw water from public taps within the village of Kanye for use in the same business. 

Date: ................................................ 

.......................................................
Authorized Officer

THIRD SCHEDULE
FEES FOR WATER (BUSINESS USE) PERMITS

(bye-law 8(2))

 

Business requiring General Trading Licence ........................ 

P10 per annum 

Business requiring small General Trading Licence ............... 

P10 per annum 

Business requiring Restaurant Licence ............................... 

P10 per annum 

Business requiring Fresh Produce Licence ......................... 

P10 per annum 

Business requiring Petrol Filling Station Licence ................. 

P10 per annum 

Brickmaker's Business ..................................................... 

P10 per annum 

Any other business .......................................................... 

As determined in each case by the Council.

FOURTH SCHEDULE

(bye-laws 9(1) and 13(1))

            Goo Bome Borehole Pumphouse tap, Kanye
Mmasekou Borehole Pumphouse tap, Kanye
Mmatshitswane Borehole Pumphouse tap, Kanye
Moshupa Dam
No. 1102 Borehole Pumphouse tap, Mabutsane
No. 31 Borehole Pumphouse tap, Mmathethe
No. BH 2358 Borehole Pumphouse tap, Moshaneng
No. BH 110 Borehole Pumphouse tap, Good Hope.

FIFTH SCHEDULE

(bye-law 3)

 

Starting from the Spillway of Moshupa dam 

X 8998000 Y-134700 

Following the Spillway and then southeastwards to 

X 9000000 Y-138000 

East of Hatsalatladi River 

X 9000000 Y-138650 

Following the river to 

X 8998300 Y-144000 

North to 

X 8990000 Y-144000 

Northwest to 

X 8989000 Y-143000 

West to 

X 8989000 Y-137000 

South West to 

X 8990000 Y-136000 

West to 

X 8990000 Y-134000 

South Southwest to 

X 8994000 Y-132000 

South to 

X 8995000 Y-132000 

East to 

X 8995000 Y-133000 

East Southeast to 

X 8995900 Y-134900 

South East to 

X 8996530 Y-135470 

Following the dam wall to 

X 8996840 Y-134870 

Following the riverbed back to 

X 8998000 Y-134700

SIXTH SCHEDULE
PRICE OF WATER TICKETS

(bye-law 9(2))

 

Tickets authorizing the drawing of not more than 200 litres (44 gallons): 


5 thebe

KGATLENG DISTRICT COUNCIL (REFUSE) BYE-LAWS

(under sections 33 and 34)

(27th March, 1992)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Application

   3.   Interpretation

   4.   Charges for collection of refuse etc.

   5.   Removal of refuse from private premises

   6.   Accumulation of refuse

   7.   Deposit of refuse

   8.   Penalties

 

S.I. 29, 1992.

 

1.   Citation

   These Bye-laws may be cited as the Kgatleng District Council (Refuse) Bye-laws.

 

2.   Application

   These Bye-laws shall apply to the village areas specified in the Schedule to these Bye-laws and to such village areas as the Council may, by resolution, from time to time, specify:

   Provided that no such resolution of the Council shall have force and effect unless 14 days prior notice of such resolution and the terms thereof has been communicated to the inhabitants of any village area affected or likely to be affected by the operation of such resolution.

 

3.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "Council" means the Kgatleng District Council;

   "refuse" includes any filth, rubbish, trash, rubble, garbage, excrement, waste product from any source, derelict vehicles or tyres, and any matter which may be offensive, or a nuisance, or injurious or dangerous to health, or favours the breeding of flies or mosquitoes, or the harbouring of rodents;

   "refuse dump" means any piece of land designated by the Council, in consultation with the land board concerned, for the disposal of refuse.

 

4.   Charges for collection of refuse etc.

   The Council may, by resolution, impose such charges in respect of the collection by it of refuse and the emptying of dustbins and septic tanks from or on institutional or private premises as it may, from time to time, determine.

 

5.   Removal of refuse from private premises

   (1) The Council may, by notice in writing served on the owner or occupier of private premises, require him to remove from such premises, within three days after service of such notice, any refuse thereon.

   (2) If any owner or occupier of private premises on whom a written notice has been served in accordance with the provisions of sub-bye-law (1) fails to comply with the requirement to remove refuse stated in such notice, the Council may, by its employees or agents, enter upon the premises and remove the refuse therefrom, and may recover from such owner or occupier any expenses incurred in carrying out such removal.

 

6.   Accumulation of refuse

   No tenant or occupier of premises shall allow or permit any refuse to accumulate or remain on such premises so as to be offensive or constitute a nuisance to the public, or be or likely to be injurious or dangerous to health, or favour the breeding of flies or mosquitoes, or harbour rodents.

 

7.   Deposit of refuse

   (1) Any person who removes refuse from a village area as specified in accordance with the provisions of bye-law 2, shall deposit such refuse at a rubbish dump and at no other place.

   (2) No person shall deposit any refuse in or near a public place:

   Provided that the provisions of this sub-bye-law shall not apply to the deposit of refuse at a refuse dump, or in a receptacle for the deposit of refuse provided by the Council, or provided by the owner or occupier of private premises and approved by the Council.

   (3) No person shall deposit any refuse in, or cause or permit any refuse to enter any river, stream, pool, spring, well, borehole, dam, catchment basin, canal or any source of water supply.

 

8.   Penalties

   (1) Any person who contravenes or fails to comply with any provision of these Bye-laws shall be guilty of an offence and shall be liable, for a first offence, to a fine of P10 or in default of payment to imprisonment for one month, and for a second or subsequent offence to a fine of P25 and to imprisonment for three months:

   Provided that where the offence is in respect of the provisions of sub-bye-law (3) of bye-law 7, the penalty for a first offence shall be a fine of P15 and in default of payment to imprisonment for six weeks, and for a second or subsequent offence shall be a fine of P60 and to imprisonment for six months.

   (2) Where any person is convicted of an offence under bye-law 5, the court convicting him may, in addition to any penalty imposed, order such person to pay to the Council such expenses incurred by the Council in removing the refuse as may be assessed by the court.

SCHEDULE

(bye-law 2)

KGATLENG DISTRICT COUNCIL (NOISE AND NUISANCE) BYE-LAWS

(sections 33 and 34)

(27th March, 1992)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Restriction on operating sound systems

   4.   Restriction on certain loud noises, disturbances and activities

   5.   Playing of instruments or singing at certain times

   6.   Penalties

 

S.I. 31, 1992,
S.I. 118, 2010.

 

1.   Citation

   These Bye-laws may be cited as the Kgatleng District Council (Noise and Nuisance) Bye-laws.

 

2.   Interpretation

   In these Bye-laws "Council" means the Kgatleng District Council.

 

3.   Restriction on operating sound systems

   (1) No person shall operate, or cause or permit to be operated, any wireless, record player, loudspeaker, amplifier or similar device to the annoyance of the occupants or inmates of any premises in the neighbourhood.

   (2) No person shall operate any wireless, record player, loudspeaker, amplifier or similar device, or play any musical instrument for the purpose of advertising on or adjacent to any street, without the consent in writing of the Council.

 

4.   Restriction on certain loud noises, disturbances and activities

   (1) No person shall continue to make any loud or unseemly noise or disturbance by shouting, screaming or yelling, or blowing upon any horn or other instrument, or by beating upon any drum or other instrument so as to annoy, or to disturb or interfere with the rest, peace or tranquillity of the inhabitants of the neighbourhood, after having been required to desist from so doing by a police officer or by any of such inhabitants.

   (2) No person shall, in any market place, street, park or public place-

   (a)   continue to ring any bell, sound any horn, blow any whistle, use any noisy instrument or shout; or

   (b)   continue to hawk, sell or distribute any article or thing whatsoever, to the annoyance, disturbance or inconvenience of any person using the market place, street, park or public place, after having been required to desist from so doing by a police officer, or by any person so annoyed, disturbed or inconvenienced:

         Provided that this subbye-law shall not apply in respect of a person acting under and in accordance with a written permit issued to him by the Council for the purposes of this subbye-law.

 

5.   Playing of instruments or singing at certain times

   (1) No person shall at any time on a Sunday, or before 8 a.m. or after 4 p.m. on any other day of the week, play any instrument which, by reason of the noise created thereby, is offensive or constitutes a nuisance, or disturbs the peace or tranquillity of the inhabitants of the neighbourhood.

   (2) No person shall, between 4 p.m. and 8 a.m. the following day, sing in such a manner as to disturb the peace and tranquillity of the neighbourhood.

 

6.   Penalties

   Any person who contravenes or fails to comply with any provision of these Bye-laws shall be guilty of an offence and liable, for a first offence, to a fine of P350 or in default of payment to imprisonment for 14 days, or for a second or subsequent offence to a fine of P700 or in default of payment to imprisonment for three months.

GHANZI DISTRICT COUNCIL (NOISE AND NUISANCE) BYE-LAWS

(sections 33 and 34)

(16th August, 2002)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Noises and nuisances prohibited

   4.   Penalties

   5.   Power to confiscate

 

S.I. 63, 2002,
S.I. 28, 2010.

 

1.   Citation

   These Bye-laws may be cited as the Ghanzi District Council (Noise and Nuisance) Bye-laws.

 

2.   Interpretation

   In these Bye-laws "Council" means the Ghanzi District Council.

 

3.   Noises and nuisances prohibited

   (1) No person shall-

   (a)   operate or cause to be operated any wireless, loudspeaker, record player, amplifier or similar instrument to the annoyance of the occupants or inmates of any premises in the neighbourhood;

   (b)   operate any wireless, musical instrument, loudspeaker or other similar device for the purposes of advertising on, or adjacent to, any street without the prior consent of the District Council;

   (c)   continue to make any loud or unseemly noise or disturbance either by shouting, screaming or yelling, or by blowing upon any horn or any instrument or by beating upon any drum or other instrument so as to annoy, disturb or interfere with the rest, peace or tranquillity of the inhabitants of the neighbourhood, after having been requested to desist by any member of the Police Force, any person authorised by the Council or any person so annoyed, disturbed or inconvenienced;

   (d)   continue to ring any bell or sound any horn or blow any whistle or use any noisy instrument or shout in any market square, street, park or public place, after having been requested to desist by any member of the Police Force, any person authorised by the Council or any person so annoyed, disturbed or inconvenienced;

   (e)   between the hours of 12 midnight and 7.30 a.m. carry on any business, trade or industry involving the use of machinery which by reason of the noise created by it is offensive or constitutes a nuisance or which disturbs the comfort or peace of the inhabitants of the neighbourhood;

   (f)   between the hours of 10 p.m. and 7.30 a.m. sing in any public place, or on any property in such a manner as to be heard outside the confines of such property, and thereby disturb the peace or tranquillity of the neighbourhood;

   (g)   make or cause to be made any noise by any instrument before 4 p.m. on Mondays to Fridays and before 12 noon during weekends and public holidays, and thereby disturb the peace or tranquillity of the neighbourhood:

   Provided that a person may make or cause to be made any noise by any instrument before 4 p.m. on Mondays to Fridays and before 12 noon during weekends and public holidays, if such noise is made for the purposes of announcing to the public; or

   (h)   between the hours of 12 midnight and 6 a.m. make any noise by any instrument in a place designated as a picnic area or entertainment area unless such person had upon written application been granted permission by the council.

 

4.   Restriction on certain loud noises, disturbances and activities

   Any person who fails to comply with these Bye-laws shall be guilty of an offence and liable to a fine not exceeding P500 or to imprisonment for a term not exceeding 14 days, and on a second or subsequent conviction, to a fine not exceeding P2 000 or to imprisonment for a term not exceeding two months.

 

5.   Playing of instruments or singing at certain times

   Upon any subsequent convictions under these Bye-laws, a magistrate may, in addition to any penalties imposed by him and on application by the Prosecutor, by warrant authorise any police officer of the rank of inspector or above to confiscate and dispose of any instrument, bell, horn, record player, amplifier or similar device used in the commission of the subsequent offence.

SOUTH EAST DISTRICT COUNCIL (REFUSE) BYE-LAWS

(under sections 33 and 34)

(11th December, 1992)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Application

   3.   Interpretation

   4.   Charges for collection of refuse etc.

   5.   Removal of refuse from private premises

   6.   Accumulation of refuse

   7.   Deposit of refuse

   8.   Penalties

 

S.I. 122, 1992.

 

1.   Citation

   These Bye-laws may be cited as the South East District Council (Refuse) Bye-laws.

 

2.   Application

   These Bye-laws shall apply to the village areas specified in the Schedule to these Bye-laws, and to such village areas as the Council may, by resolution, from time to time, determine:

   Provided that no such resolution of the Council shall have force and effect unless 14 days prior notice of such resolution and the terms thereof has been communicated to the inhabitants of any village area affected or likely to be affected by the operation of such resolution.

 

3.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "Council" means the South East District Council;

   "refuse" includes any filth, rubbish, trash, rubble, garbage, excrement, waste product from any source, derelict vehicles or tyres, and any matter which may be offensive, or a nuisance, or injurious or dangerous to health, or favours the breeding of flies or mosquitoes, or the harbouring of rodents;

   "refuse dump" means any piece of land designated by the Council, in consultation with the land board concerned, for the disposal of refuse.

 

4.   Charges for collection of refuse etc.

   The Council may, by resolution, impose such charges in respect of the collection by it of refuse and the emptying of dustbins and septic tanks from or on institutional or private premises as it may, from time to time, determine.

 

5.   Removal of refuse from private premises

   (1) The Council may, by notice in writing served on the owner or occupier of private premises, require him to remove from such premises, within three days after service of such notice, any refuse thereon.

   (2) If any owner or occupier of private premises on whom a written notice has been served in accordance with the provisions of sub-bye-law (1) fails to comply with the requirement to remove refuse stated in such notice, the Council may, by its employees or agents, enter upon the premises and remove the refuse therefrom, and may recover from such owner or occupier any expenses incurred in carrying out such removal.

 

6.   Accumulation of refuse

   No tenant or occupier of premises shall allow or permit any refuse to accumulate or remain on such premises so as to be offensive or constitute a nuisance to the public, or be or likely to be injurious or dangerous to health, or favour the breeding of flies or mosquitoes, or harbour rodents.

 

7.   Deposit of refuse

   (1) Any person who removes refuse from a village area as specified in accordance with the provisions of bye-law 2, shall deposit such refuse at a rubbish dump and at no other place.

   (2) No person shall deposit any refuse in or near a public place:

   Provided that the provisions of this sub-bye-law shall not apply to the deposit of refuse at a refuse dump, or in a receptacle for the deposit of refuse provided by the Council, or provided by the owner or occupier of private premises and approved by the Council.

   (3) No person shall deposit any refuse in, or cause or permit any refuse to enter any river, stream, pool, spring, well, borehole, dam, catchment basin, canal or any source of water supply.

 

8.   Penalties

   (1) Any person who contravenes or fails to comply with any provision of these Bye-laws shall be guilty of an offence and shall be liable to a fine of P200, or in default of payment to imprisonment for six months:

   Provided that where the offence is in respect of a contravention of the provisions of sub-bye-law (3) of bye-law 7, the penalty for a first offence shall be a fine of P15 or in default of payment imprisonment for six weeks, and for a second or subsequent offence shall be a fine of P60 and imprisonment for six months.

   (2) Where any person is convicted of an offence under bye-law 5, the court convicting him may, in addition to any penalty imposed, order such person to pay to the Council such expenses incurred by the Council in removing the refuse as may be assessed by the court.

SCHEDULE

(Bye-law 2)

 

Ramotswa

Tlokweng

Taung

Otse

Mogobane

KGALAGADI DISTRICT COUNCIL (NOISE AND NUISANCE CONTROL) BYE-LAWS

(under sections 44 and 45)

(13th April, 2017)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Nuisance prohibited

   4.   Restriction on operating sound systems

   5.   Restriction on certain loud noise, disturbances and other activities

   6.   Application for licence

   7.   Issue of licence

   8.   Suspension or revocation of licence

   9.   Odour and smoke control

   10.   Abatement notice

   11.   Power to confiscate

   12.   Appeals

   13.   Offences and penalties

   14.   Revocation of S.I. No. 41 of 1995

      SCHEDULE

 

S.I. 42, 2017.

 

1.   Citation

   These Bye-laws may be cited as the Kgalagadi District Council (Noise and Nuisance Control) Bye-laws.

 

2.   Interpretation

   In these Bye-laws, unless the context otherwise requires-

   "abatement notice" means a written communication to a violator requiring the stoppage of a nuisance with immediate effect or placing restrictions on when and how long an activity can occur or place other restrictions as necessary;

   "anti-social" means material that is obscene and harmful to existing social norms or annoying to other people;

   "Council" means the Kgalagadi District Council;

   "designated area" means an area designated by the Council as an area where the issue of a noise licence is likely to cause disturbance or nuisance to the premises in the neighbourhood;

   "musical instrument" includes a wireless radio, loudspeaker, record player, amplifier or any similar device; and

   "nuisance" means any disturbance that materially interferes with another person's enjoyment of his or her own home or habitation.

 

3.   Nuisance prohibited

   (1) A person shall not make, cause or allow to be made any disturbance which causes interference and annoyance in the enjoyment of another's premises or neighbourhood.

   (2) In determining whether an activity causes nuisance the following factors may be considered-

   (a)   the time of day;

   (b)   duration;

   (c)   location;

   (d)   frequency;

   (e)   loudness; and

   (f)   type of noise or disturbance.

   (3) The following activities may constitute a nuisance-

   (a)   noise;

   (b)   odour;

   (c)   smoke from bonfires; or

   (d)   any other activity which may be deemed by the Council to be falling within sub-bye-law (1).

 

4.   Restriction on operating sound systems

   A person shall not-

   (a)   operate, cause or permit to be operated any musical instrument to the annoyance of the inhabitants of any premises in the neighbourhood; or

   (b)   operate, cause or permit use of any musical instrument for the purpose of advertising in public,

without the approval of the Council or any authority delegated so by the Council for the purpose.

 

5.   Restriction on certain loud noise, disturbances and other activities

   A person who has not been issued a licence shall not-

   (a)   operate or cause or permit the continuous hooting of a vehicle horn, or the use of a siren from the person's vehicle or his or her visitor vehicle parked next to their premises to the annoyance of other occupants;

   (b)   after being requested to stop the noise by a law enforcement officer by a way of an abatement notice, or by a police officer or by an inhabitant of the neighbourhood so annoyed or whose rest, peace or tranquillity has been disturbed or interfered with, continue to make any loud or unseemly noise or disturbance by-

      (i)   shouting, screaming or yelling; or

      (ii)   blowing upon a musical instrument or beating upon any drum,

      so as to annoy or disturb or interfere with the rest, peace and tranquillity of the inhabitants of the neighbourhood;

   (c)   in a street or other public place-

      (i)   continue to ring any bell, sound any horn, blow any whistle, use any noisy instrument, shout, or play loud music in his or her motor vehicle; or

      (ii)   continue to hawk, sell or distribute any anti-social material, article or thing,

      to the disturbance or inconvenience of any person using the street or other public place after having been requested to desist by a law enforcement officer by way of abatement notice, or by a police officer or by the person so annoyed, disturbed or inconvenienced; or

   (d)   for the purpose of carrying on any business, trade or industry involving the use of machinery, use such machinery in a manner that constitutes a nuisance or disturbs the rest, peace and tranquillity of the inhabitants or a section of the inhabitants of the township between the hours of 6 p.m. and 8 a.m., or on a Sunday or on any public holiday.

 

6.   Application for licence

   (1) Subject to sub-bye-law (2), a person who wishes to engage in any activity under bye-laws 3, 4 or 5 shall make an application to the Council for a licence, seeking authorisation to carry out the activity.

   (2) The Council may where it considers expedient, necessary and not against public interest, issue the applicant with a licence.

   (3) An application under sub-bye-law (1) shall be made in Form A set out in the Schedule 1 accompanied by fees specified in Form B.

   (4) The Council may, upon receipt of an application under sub-bye-law (1)-

   (a)   issue a licence on such conditions as may be provided in the licence; or

   (b)   reject an application.

   (5) The Council may reject an application where it is satisfied that-

   (a)   the applicant has been convicted of an offence under these Bye-laws;

   (b)   the issue of a licence is likely to cause nuisance; or

   (c)   the information provided in the application form is insufficient.

   (6) A person who intends to make or cause the making of noise in a designated area shall not be issued with a licence.

   (7) Any person who violates the conditions of a licence, shall not be eligible for issuance of a subsequent licence within 72 hours.

 

7.   Issue of licence

   (1) The Council shall, upon approval of an application made under bye-law 6 issue a licence in Form C set out in the Schedule.

   (2) The hours of operation for a licence issued under this sub-bye-law shall be stated in the licence.

   (3) The Council may upon application by the licence holder extend hours of operation for a licence issued under sub-bye-law (2) by two hours.

 

8.   Suspension or revocation of licence

   The Council may suspend or revoke a licence issued under bye-law 7 where the licence holder-

   (a)   fails to comply with the conditions of the licence; or

   (b)   operates outside the stipulated time on the licence.

 

9.   Odour and smoke control

   (1) A person shall not-

   (a)   operate, cause or harbour any material substance or waste that emits a foul, strong or noxious odour; or

   (b)   allow smoke from a bonfire in his or her premises to disturb inhabitants of the neighbourhood.

   (2) Any person who contravenes this bye-law shall be issued with an abatement notice by a bye-law enforcement officer and required to remove the material, substance or waste complained of or to stop the smoke.

   (3) The abatement notice shall specify the period within which such smoke should be stopped, or material substance, or waste emitting the odour should be removed.

   (4) A person who contravenes the provisions of this bye-law commits an offence and is liable to a fine not exceeding P300.

 

10.   Abatement notice

   (1) A law enforcement officer shall issue an abatement notice for any violation or offence under these Bye-laws which shall specify-

   (a)   the violator's full names and address;

   (b)   the nature of the offence and time of the occurrence of the offence;

   (c)   corrective steps or instructions; or

   (d)   any restrictions.

   (2) Any person who contravenes an abatement notice commits an offence and is liable to a fine not exceeding P1 000.

 

11.   Power to confiscate

   A police officer or a bye-law enforcement officer may confiscate any musical instrument used, and anti-social material, article or thing used in contravening the provisions of these Bye-laws.

 

12.   Appeals

   Any person aggrieved by any decision of the Council under these Bye-laws may appeal in writing to the Minister within 14 days of notification of the decision.

 

13.   Offences and penalties

   A person who contravenes or does not comply with any of the provisions of these Bye-laws shall be liable to a fine not exceeding P 500 or to imprisonment for a term not exceeding three months, or to both and for a second or subsequent offence, to a fine not exceeding P 1000 or to imprisonment for a term not exceeding six months or to both.

 

14.   Revocation of S.I. No. 41 of 1995

   The Kgalagadi District Council (Noise and Nuisance) Bye-Laws, are hereby revoked.

SCHEDULE 1

FORM A
APPLICATION FOR NOISE LICENCE

(bye-law 6 (3))

KGALAGADI DISTRICT COUNCIL (NOISE AND NUISANCE CONTROL) BYE-LAWS

Particulars 

1.   Name of the company/applicant ......................................................................................... 

2.   Age ................................................................................................................................. 

3.   Postal Address ................................................................................................................. 

4.   Physical Address ............................................................................................................. 

5.   Telephone Numbers ................................................................................................ (Work) 

   .............................................................................................................................. (Home) 

   ................................................................................................................................ (Cell) 

6.   Identity Number ......................................... Passport Number ............................................

Details of Activity 

1.   Type of Activity ................................................................................................................. 

............................................................................................................................................ 

............................................................................................................................................ 

............................................................................................................................................ 

2.   Venue or place of activity .................................................................................................. 

............................................................................................................................................ 

............................................................................................................................................ 

3.   Date: from .................................................. to ................................................................. 

4.   Time: from .................................................. to ................................................................. 

I, .................................................................... (Name of Applicant), certify that the information given in this application form is true to the best of my knowledge and belief. 

..................................... 

Signature of Applicant 

..................................... 

Date

FORM B
PERMIT FEES

(bye-law 6 (5))

Item

Fee

1.   Non charitable fund raising activities
..................................................................................

P5/per day

2.   Beauty contest
..................................................................................

P10/flat rate

3.   Church service
..................................................................................

P10/flat rate

4.   Disco
..................................................................................

P20/flat rate

5.   Picnic
..................................................................................

P20/per day

6.   Music festivals
..................................................................................

P50/flat rate

FORM C
NOISE LICENCE (bye-law 7

KGALAGADI DISTRICT COUNCIL (NOISE AND NUISANCE CONTROL) BYE-LAWS

(Ref. Application No. .................... Dated ......................... 20 .........................)

 The applicant: ................................................................. (Full Names) is hereby issued with a

Noise Licence to engage in ................................... (Description of Activity)

 Venue or place of activity ................................................................................................

 Times Approved ........................... (Start)

.................................................. (End)

 Conditions (if any) applicable …..........................................................................................    ...................................................................................................................................

(Filled in by Bye-Law Enforcement Officer) Council Stamp .................................................................................................................. Date of issuance ............................................................................................................... Bye-Law Enforcement Officer .............................................................................................

KGALAGADI DISTRICT COUNCIL (REFUSE) BYE-LAWS

(under sections 33 and 34)

(21st March, 1997)

ARRANGEMENT OF BYE-LAWS

   BYE-LAW

 

   1.   Citation

   2.   Application

   3.   Interpretation

   4.   Charges for collection of refuse

   5.   Removal of refuse from private premises

   6.   Accumulation of refuse

   7.   Deposit of refuse

   8.   Penalties

 

S.I. 17, 1997.

 

1.   Citation

   These Bye-Laws may be cited as the Kgalagadi District Council (Refuse) Bye-Laws.

 

2.   Application

   These Bye-Laws shall apply to the whole area of the Kgalagadi District Council as defined under the Administrative Districts Act.

 

3.   Interpretation

   In these Bye-Laws, unless the context otherwise requires-

   "Council" means the Kgalagadi District Council;

   "refuse" includes any filth, rubbish, trash, rubble, garbage, excrement, waste product from any source, derelict vehicles or tures and any matter which may be offensive, or a nuisance, or injurious or dangerous to health, or favours the breeding of flies or mosquitoes, or the harbouring of rodents;

   "refuse dump" means any piece of land designated by the Council, in consultation with the land board concerned, for the disposal of refuse.

 

4.   Charges for collection of refuse

   The Council may, by resolution, impose such charges in respect of the collection by it of refuse and the emptying of dustbins and septic tanks from or on institutional or private premises as it may, from time to time, determine.

 

5.   Removal of refuse from private premises

   (1) The Council may, by notice in writing served on the owner or occupier of private premises, require him to remove from such premises, within three days after service of such notice, any refuse thereon.

   (2) If any owner or occupier of private premises on whom a written notice has been served in accordance with the provisions of sub-bye-law (1) fails to comply with the requirement to remove refuse stated in such notice, the Council may, by its employees or agents, enter upon the premises and remove the refuse therefrom, and may recover from such owner or occupier any expenses incurred in carrying out such removal.

 

6.   Accumulation of refuse

   No tenant or occupier of premises shall allow or permit any refuse to accumulate or remain on such premises so as to be offensive or constitute a nuisance to the public or be likely to be injurious or dangerous to health, or favour the breeding of flies or mosquitoes, or harbour rodents.

 

7.   Deposit of refuse

   (1) Any person who removes refuse from a village area as specified in accordance with the provisions of bye-law 2, shall deposit such refuse at a rubbish dump.

   (2) No person shall deposit any refuse-

   (a)   in or near a public place:

         Provided that the provisions of this sub-bye-law shall not apply to the deposit of refuse at a refuse dump or in a receptacle for the deposit of refuse provided by the Council, or provided by the owner or occupier of private premises and approved by the Council;

   (b)   in, or cause or permit any refuse to enter any river, stream, pool, spring, well, borehole, dam, catchment basin, canal or any source of water supply.

 

8.   Penalties

   (1) Any person who contravenes or fails to comply with any provisions of these Bye-Laws shall be guilty of an offence, and shall be liable to a fine not exceeding P10 or, in default of payment, to imprisonment for a term not exceeding one month, and for a second or subsequent offence to a fine of P25 and to imprisonment for three months.

   (2) Where any person is convicted of an offence under bye-law 5, the court convicting him may, in addition to any penalty imposed, order such person to pay to the Council such expenses incurred by the Council in removing the refuse as may be assessed by the court.

GHANZI DISTRICT COUNCIL (MARKETS) BYE-LAWS

(section 33)

(8th February, 2008)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

 

   1.   Citation

   2.   Interpretation

   3.   Establishment and control of market

   4.   Application to hire stall

   5.   Issue of permit

   6.   Hire fees and rent

   7.   Hours and days of operation

   8.   Subletting of stall

   9.   Revocation of permit

   10.   Cleanliness of stall

   11.   Order in market

   12.   Animals not allowed in market

   13.   Inspection in market

   14.   Condition of stall at end of hire

   15.   Appeal

   16.   Penalties

 

      Schedule

 

S.I. 20, 1997,
S.I. 70, 2007,
S.I. 4, 2008.

 

1.   Citation

   These Bye-Laws may be cited as the Ghanzi District Council (Markets) Bye-Laws.

 

2.   Interpretation

   In these Bye-Laws, unless the context otherwise requires–

   "Council" means the Ghanzi District Council;

   "health inspector" means a health inspector employed by the Government or by the Council;

   "market" means a market established under bye-law 3;

   "Council Officer" means the Council Secretary or any Council employee authorised by the Council Secretary in writing for the purpose of these Bye-Laws;

   "Licensing Officer" means the Council Secretary or any Council employee authorised by the Council Secretary in writing for the purpose of these Bye-Laws;

   "stall" includes a building, stand, shelter and table used for the provision of a service to the public; and

   "stall holder" means a person hiring a stall under these Bye-Laws.

 

3.   Establishment and control of market

   (1) The Council may establish a market.

   (2) The Council shall control and supervise any market established under sub-bye-law (1).

   (3) No person may erect a building, tent, booth, shelter or other structure within a market without the written permission of the Council.

 

4.   Application to hire stall