TRIBAL LAND REGULATIONS

(section 37)

(30th January, 1970)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

PART II
Land Boards

   2.   Procedure for appointment of land board

   3.   Chairmen of land boards

   4.   Duties of secretary

   5.   Consultation with district council

PART III
Grant of Customary Land Rights

   6.   Applications for customary land rights

   7.   Procedure on receipt of application

   8.   Procedure before grant of customary land rights is made

   9.   Decision of board to be communicated

   10.   Demarcation of land over which customary rights are granted

   11.   Certificate of grant of customary land right

   12.   Notice of appeal against decision on application

   13.   Reasons for decision to be furnished

   14.   Allowance of appeal against grant of customary rights

   14A.   Cancellation of customary land rights for failure to develop land

   15.   Procedure before cancellation of customary land rights

   16.   Notice of appeal against decision to cancel

   17.   Reasons for decision to cancel to be furnished

 

PART IV
Grant of Common Law Land Rights and of Customary Rights under section 33

   18.   Application for common law land rights under section 23

   19.   Application for common law land rights under section 24

   20.   Consideration of application under section 24

   21.   Registration of grant under section 24

   22.   Form of grant under section 24

   23.   Appeal against refusal of consent under section 38

   24.   Applications under section 27

   25.   Consideration of application under section 27

   26.   Registration of endorsement in pursuance of section 27

   27.   Appeal against refusal under section 27

   28.   Service on Registrar of Deeds of certain orders obtained under section 28

   29.   Registration of grant executed under section 32

   30.   Grant of customary rights under section 33

 

PART V
Treasurer and Audit

   31.   Treasurer of land board

   32.   Accounts and audit

   33.   Disallowance and surcharge

   34.   Financial year

 

PART VI
Fees

   35.   Fees

 

      First Schedule

      Second Schedule

 

S.I. 7, 1970,
S.I. 48, 1973,
S.I. 107, 1973,
S.I. 149, 1976,
S.I. 90, 1984,
S.I. 104, 1985,
S.I. 64, 1994,
S.I. 74, 1999,
S.I. 91, 1999,
S.I. 7, 2004,
S.I. 23, 2005,
S.I. 87, 2006,
S.I. 18, 2011,
S.I. 142, 2016,
S.I. 29 of 2017.

PART I
Preliminary (reg 1)

 

1.   Citation

   These Regulations may be cited as the Tribal Land Regulations.

PART II
Land Boards (regs 2-5)

 

2.   Procedure for appointment of land board

   The Ministry of Lands and Housing shall invite members of the public residing in a tribal territory, to apply to the secretary of a land board for appointment as members of the land board as specified in the third column of the First Schedule to the Act.

   (1) The invitation in terms of subregulation (1) shall be-

   (a)   made at least two months before appointment to any land board; and

   (b)   published in two or more newspapers of national circulation.

   (2) In order to qualify as a candidate for appointment as a member of any land board the applicant shall-

   (a)   be a citizen of Botswana, holding a valid identity card issued under the National Registration Act;

   (b)   have attained the age of 26 years and not be over the age of 70 years;

   (c)   hold a minimum academic qualification of a Secondary School Junior Certificate;

   (d)   reside within the tribal area in respect of which he seeks appointment; and

   (e)   not be actively involved in party politics.

   (3) Subject to subregulation (3B), the Land Board Selection Committee established in terms of subregulation (11) shall interview every person who has, in terms of subregulation (1), submitted his or her application to the secretary of the land board.

   (3A) The Land Board Selection Committee shall, from among the persons interviewed in terms of subregulation (3), shortlist 15 candidates and refer them to the Minister for appointment.

   (3B) The Land Board Selection Committee shall only interview an applicant who qualifies as a candidate in terms of subregulation (2) of this regulation and is not disqualified from being appointed in terms of section 3(3) of the Act.

   (4)-(7) . . .

   (8) From the lists of candidates submitted, the Land Board Selection Committee shall select the most eligiblemembers, from whom the Minister shall make appointments to the land board (in accordance with the number of members and period of office for that land board, as provided in the third column of the First Schedule to the Act) and in doing so shall endeavour to ensure that, so far as possible, all relevant parts of the tribal area, including subordinate land board areas, are represented on the land board.

   (8A) Notwithstanding the provisions of subregulation (8), the Minister may appoint to a land board, a person who is not in the list of candidates submitted to the Minister by a Land Board Selection Committee.

   (9) The names of the candidates who have been shortlisted but not appointed to the land board by the Minister shall be kept in the Ministry for the purposes of appointing-

   (a)   under regulation 3(2)(a) of the Tribal Land Board (Subordinate Land Boards) Regulations,members to any subordinate land board within the land board area, from candidates, appointed in terms of regulation 2(b) of the Tribal Land Board (Subordinate Land Boards) Regulations, residing within the area of jurisdiction of that subordinate land board;

   (b)   new members, should the office of any appointed member to the land or subordinate land board become vacant; or

   (c)   in the Minister’s discretion, for appointing any other member of the land board or subordinate land board.

   (10) In making appointments the qualifications and experience of the candidate shall be taken into consideration.

   (11) There is hereby established, for each land board listed in the First Schedule to the Act, a Land Board Selection Committee for the corresponding tribal area, which shall be comprised of-

   (a)   the appropriate District Commissioner, who shall be the chairperson;

   (b)   the Land Board Secretary of the tribal area concerned, who shall be the secretary of the Land Board Selection Committee;

   (c)   the Council Secretary of the District Council concerned;

   (d)   the Chief or Sub-Chief of the tribal area concerned; and

   (e)   a member appointed by the Minister.

   (12) The Land Board Selection Committee shall determine its own procedure.

 

3.   Chairman of land boards

   (1) The Minister shall, at intervals of approximately 12 months, appoint a chairperson of the board and a deputy chairperson who shall act as chairperson of any meeting at which the chairman is absent.

   (2) The chairman and the deputy chairman of a land board shall hold office as such until the appointment of a new chairman or deputy chairman, as the case may be:

   Provided that the office of the chairman or of the deputy chairman of a land board shall immediately become vacant on:

   (i)   his ceasing, for any reason, to be a member of the board;

   (ii)   the submission to the board of his written resignation from office; or

   (iii)   the passing at a meeting of the board, by the members of the board present, of a resolution of no confidence in him.

   (3) Notwithstanding subregulation (1), where the office of the chairman or deputy chairman of a land board becomes vacant, the board shall forthwith proceed to elect from among its members a member to be the new chairman of the board, or the new deputy chairman of the board, as the case may be.

   (4) Where the chairman of a land board is unable or not readily available to perform the functions of his office as such at any meeting of the board, and where the deputy chairman is also unable or not readily available to perform the functions of the chairman, the members present at the meeting shall elect one of themselves to act as chairman for the purpose of the meeting.

 

4.   Duties of secretary

   The records of a land board shall be kept be the secretary who shall record and preserve the minutes of all its proceedings, receive all applications and other documents addressed to the board, and conduct correspondence on behalf of the board.

 

5.   Consultation with district council

   (1) Whenever it proposes to formulate or adopt a policy relating to its functions under the Act, a land board shall outline such proposed policy and enumerate any matters connected therewith on which it desires the views of the district council and cause the said policy and matters to be submitted in writing by the secretary to the district council, with a request to the district council to express its views thereon.

   (2) The district council shall consider the land board's proposal, and if it disagrees with it the council shall, within a period of six months from the date of receipt of such proposal, so inform the land board, giving the reasons for its disagreement in writing.

   (3) The land board shall not be obliged to accept the district council's opinion, but if it rejects it the land board shall inform the Minister of its decision, confirming that the district council was consulted, accurately reporting the council's disagreement and the reasons given therefor, and at the same time stating its own reasons for rejecting the council's opinion.

   (4) After due consideration of the report from the land board, the Minister may make such order in respect of the matter as he thinks fit, and the district council and the land board concerned shall comply with the Minister's order.

PART III
Grant of Customary Land Rights (regs 6-17)

 

6.   Application for customary land rights

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