SOUTHERN DISTRICT COUNCIL (DAY CARE CENTRE) BYE-LAWS

(under section 44)

(8th May, 2015)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

PART I
Preliminary

    1.    Citation

    2.    Interpretation

PART II
Registration of Day Care Centres

    3.    Registration of day care centres

    4.    Duration and renewal of registration licence

    5.    Suspension and revocation of day care centre licence

    6.    Registration licence to be displayed

    7.    Closure of day care centres

PART III
Premises

    8.    Premises of day care centres

    9.    Furniture and classroom equipment

    10.    Sick rooms

    11.    Toilets and washing facilities

    12.    Kitchens

    13.    Outdoor play areas

    14.    Animals and pets

    15.    Smoking prohibited

PART IV
Operation of Day Care Centres

    16.    Hours of operation

    17.    Age of admission

    18.    First aid requirements

    19.    Accidents

    20.    Staff

    21.    Staff-child ratio

    22.    Responsibilities of owner

    23.    Curriculum

    24.    Register to be kept

    25.    Health care

PART V
Miscellaneous

    26.    Powers of entry

    27.    Offences and penalties

        SCHEDULES

S.I. 56, 2015.

PART I
Preliminary

1.    Citation

    These Bye-laws may be cited as the Southern District Council (Day Care Centre) Bye-laws.

2.    Interpretation

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

    "assistant teacher" means a citizen of Botswana qualified in junior secondary school or senior secondary school certificate;

    "care giver" means a person trained to teach, train and care for children below the age of six years, and registered with the Council as such;

    "Council" means the Southern District Council;

    "day care centre" means a place for the care, education and supervision of children below the age of six years, which includes a baby care centre, nursery centre and pre-primary centre;

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

    "nursery care" means the supervision of young children between the ages of two and a half, and four years;

    "pre-primary care" means the supervision of young children between the ages of four and six years; and

    “qualified teacher” means a teacher qualified in early childhood and education.

PART II
Registration of Day Care Centres

3.    Registration of day care centres

    (1) A person shall not operate a day care centre without the prior approval and registration of the day care centre, by the Council.

    (2) A person who wishes to operate a day care centre shall make an application to the Council in Form A set out in Schedule 1 and shall provide such information as the Council may require and, in particular—

    (a)    details of the 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 set out in Schedule 2, register the centre and issue the applicant with a licence in Form B set out in Schedule 1.

    (4) A licence shall not be transferable.

4.    Duration and renewal of registration licence

    (1) A licence shall be valid for a period of 12 months from the date of issue.

    (2) The owner of a day care centre may make an application to renew a licence to the Council in Form C set out in Schedule 1, and upon payment of a fee set out in Schedule 2.

    (3) Where the owner fails to renew a licence upon its expiry, a penalty fee per day as set out in Schedule 2 shall be charged by the Council until such time when the applicant applies for a renewal of a registration licence.

    (4) A renewal of a licence made after a period of six months shall be treated as a new application.

5.    Suspension and revocation of day care centre licence

    (1) The Council may—

    (a)    suspend a licence issued under bye-law 3 where—

        (i)    the owner has failed to comply with any of the conditions of the licence,

        (ii)    the owner has contravened or failed to comply with the provisions of these Bye-laws, or

        (iii)    a law enforcement officer, after conducting an inspection, has recommended a suspension of the licence due to failure of the day care centre to comply with the relevant health standards; or