TRIBAL LAND: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
(15th June, 1973)
ARRANGEMENT OF PARAGRAPHS
3. Area of jurisdiction
S.I. 47, 1973,
S.I. 3, 1979,
S.I. 125, 1979,
S.I. 132, 1980,
S.I. 78, 1981,
S.I. 81, 1981,
S.I. 110, 1981,
S.I. 68, 1982,
S.I. 5, 1984,
S.I. 92, 1984,
S.I. 36, 1986,
S.I. 97, 1989,
S.I. 45, 1992,
S.I. 66, 1994,
S.I. 53, 2002,
S.I. 7, 2005,
S.I. 13, 2005
S.I. 16, 2011,
S.I. 85, 2012,
S.I. 98, 2012,
S.I. 36, 2013.
This Order may be cited as the Establishment of Subordinate Land Boards Order.
The subordinate land boards referred to in the second column of the Schedule hereto are established as the subordinate land boards within the district named in the first column of the said Schedule.
The area of jurisdiction in respect of which each subordinate Land Board will perform its functions shall be the area or villages stated in relation to each subordinate land board in the third column of the Schedule.
(1) The functions under customary law which vest in the subordinate land authority which are transferred to the subordinate land board shall include the hearing, grant or refusal of applications to use land for-
(a) building residences or extensions thereto;
(b) ploughing to a maximum extent of land determined by the tribal land board;
(c) grazing cattle or other stock; or
(d) communal uses in the village.
(2) Subordinate land boards shall receive and determine applications for boreholes intheir areas.
(3) Subordinate land boards shall hear and adjudicate upon disputes concerning customary land grants or rights within their area of jurisdiction.
(4) Subordinate land boards shall receive and determine applications for common law grants of land.
Bakgatla Tribal Territory
Artesia, Dikgonnye, Kgomodiatshaba,
Mathubudukwane Subordinate Land
Malolwane, Mathubudukwane, Ramonaka, Sikwane
Mochudi Subordinate Land Board
Oodi Subordinate Land Board
Bakwena Tribal Territory
Subordinate Land Board
Botlhapatlou-northwest of Hatsalatladi, Gakuto-west of Mmopane, Hatsalatladi, Kopong-north of Mmopane, Lentsweletau, Mahetlwe, Medie
Lephephe Subordinate Land Board
Letlhakeng Subordinate Land Board
Khudumelapye, Letlhakeng, Maboane, Moshaweng, Salajwe, Takatokwane
Mogoditshane Subordinate Land Board
Mogoditshane, Gabane, Mmopane, Nkoyaphiri, Mmokolodi, Kgaphamadi,Tlhape, Gaphatshwe, Dumadumana, Go-nku, Metsimotlhabe, Fikeng, Senamakola,Tloaneng, Phiriyabokwete, Tlhwane, Lelotong, Mosusu, Diphiri, Letlhajweng
Molepolole Subordinate Land Board
Motokwe Subordinate Land Board
Dutlwe, Motokwe, Tsetseng
Thamaga Subordinate Land Board
Kumakwane, Mmankgodi, Thamaga
Bangwaketse Tribal Territory
Kanye Subordinate Land Board
Mabutsane Subordinate Land Board
Khakhea, Mabutsane, Morwamosu, Sekoma
Betesankwe, Gasita, Kadue, Lefoko, Maokane, Mokhomma, Naledi, Samane, Seherelela, Selokolela, Sese, Sesung, Thankane
Mmathethe Subordinate Land Board
Digawana, Gamojela, Magoriapitse, Mmathethe, Mokgomane
Moshupa Subordinate Land Board
Kgomokasitwa, Lekgolobotlo, Manyana, Moshupa, Ntlhantlhe, Ranaka
Phitshane-Molopo Subordinate Land Board
Loporung, Mabule, Mmakgori, Phitshane-Molopo, Tshidilamolomo
Bamangwato Tribal Territory
Bobonong Subordinate Land Board
Bobonong, Kobojango, Mathathane, Molalatau, Semolale, Tsetsebjwe
Letlhakane Subordinate Land Board
Letlhakane, Makoba, Mmatshumo, Mosu, Thalemabele
Mahalapye Subordinate Land Board
Bonwapitse, Dibete, Dovedale, Kudumatse, Makwate, Mahalapye, Mmaphashalala, Mookane, Palla Road, Radisele, Taupswe, Tewane
Marapong Subordinate Land Board
Chadibe, Dukwi, Kutamogoree, Marapong, Marobela, Mathangwane, Mmea, Nshakashogwe, Sebina, Semitwe
Maunatlala Subordinate Land Board
Kgagodi, Maunatlala, Mogapinyana, Tamasane
Mmadinare Subordinate Land Board
Mmadinare, Sefhophe, Serule, Tobane
Nata Subordinate Land Board
Palapye Subordinate Land Board
Rakops Subordinate Land Board
Sefhare Subordinate Land Board
Mokobeng, Moshopa, Pilikwe,
Serowe Subordinate Land Board
Mashoro, Mogorosi, Moijabana, Paje,
Serowe, Tlhabala, Tshimoyapula
Shoshong Subordinate Land Board
Tonota Subordinate Land Board
Borolong, Borotsi, Foley,
Tutume Subordinate Land Board
Batawana Tribal Territory
Gomare Subordinate Land Board
Maun Subordinate Land Board
Nokaneng Subordinate Land Board
Sehitwa Subordinate Land Board
Seronga Subordinate Land Board
Kauxwi, Mogotlho, Mohembo East, Ngarange, Seronga, Xaxao
Shakawe Subordinate Land Board
Ghanzi Tribal Area (as defined in the Fifth Schedule to the Act)
Charles Hill Subordinate Land Board
Charles Hill, Makunda (including Dryhoek and Tjwavango),
Kgalagadi Tribal Area (as defined in the Fourth Schedule to the Act)
Hukuntsi Subordinate Land Board
Hukuntsi, Kang, Lehututu, Lokgwabe, Tshane
Tshabong Subordinate Land Board
Kisa, Kolonkwaneng, Makopong,
Phepheng, Tshabong, Werda
(30th January, 1970)
ARRANGEMENT OF REGULATIONS
2. Procedure for appointment of land board
3. Chairmen of land boards
4. Duties of secretary
5. Consultation with district council
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
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
Treasurer and Audit
31. Treasurer of land board
32. Accounts and audit
33. Disallowance and surcharge
34. Financial year
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.
Preliminary (reg 1)
These Regulations may be cited as the Tribal Land Regulations.
Land Boards (regs 2-5)
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.
(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.
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.
(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.
Grant of Customary Land Rights (regs 6-17)