SOWA TOWNSHIP (DAY-CARE CENTRE) BYE-LAWS

(section 6A)

(11th September, 2009)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

PART I
Preliminary

    1.    Citation

    2.    Interpretation

    3.    Licensing of day-care centres

    4.    Duration and renewal of day-care licence

    5.    Suspension and revocation of licence

    6.    Licence to be displayed

    7.    Transfer of licence

    8.    Closure of day-care centres

PART II
Premises

    9.    Type of premises used

    10.    Outdoor play areas

    11.    Toilets

    12.    Washing facilities

    13.    Kitchen

    14.    Furniture and classroom equipment

    15.    Fire extinguisher

    16.    First aid requirements

    17.    Cleanliness

    18.    Smoking

    19.    Pets

    20.    Transportation

    21.    Use of premises for other activities

PART III
Operation and Staff of the Centre

    22.    Hours of operation

    23.    Resting period

    24.    Age of admission

    25.    Staff

    26.    Staff-child ratio

    27.    Curriculum

    28.    Register to be kept

PART IV
Powers of Entry, Offences and Penalties

    29.    Appeals

    30.    Powers of entry

    31.    Offences and penalties

        Schedule

S.I. 78, 2009*

PART I
Preliminary (bye-laws 1- 8)

1.    Citation

    These Bye-Laws may be cited as the Sowa Township (Day-Care Centre) Bye-Laws.

*Originally made under the Township Act now repealed, these Regulations have been continued under s 94(2) of the Local Government Act, 2013.

2.    Interpretation

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

    "authorised officer" means the Township Authority or any employee of the Council duly authorised, in writing, by the Council to perform duties under these Bye-Laws;

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

    "Authority" means the Sowa Township Authority;

    "day-care centre" means a place for the care, education and supervision of children below the age of six;

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

    "licence" means a licence issued under bye-law 3;

    "qualified teacher" means a teacher qualified to the satisfaction of the Ministry of Education, to teach children below the age of six.

3.    Licensing of day-care centres

    (1) A person shall not operate a day-care centre (hereinafter referred to as a "centre") without a licence issued by the Authority.

    (2) A person under the age of 18 years shall not operate a centre.

    (3) Any person who wishes to operate a centre shall make an application for a licence to the Authority, in Form 1 set out in the Schedule hereto, giving details of—

    (a)    the premises intended to be used for the centre;

    (b)    the names and qualifications of all the teachers and assistants to be employed at the centre; and

    (c)    any other information with regard to the proposed centre as the Authority may require.

    (4) Upon receipt of the application, the Authority shall cause to be conducted such inspections as it may consider appropriate to ensure that the premises of the centre comply with the relevant health and building control standards.

    (5) If the Authority 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, issue to the applicant a licence in Form 2 set out in the Schedule hereto.

    (6) A licence issued under sub-bye-law (5) may be subject to such conditions as the Council considers necessary, which conditions shall be endorsed on the licence.

    (7) A person who contravenes sub-bye-law (1) commits an offence and is liable to the penalties prescribed under bye-law 31.

4.    Duration and renewal of day-care licence

    (1) A licence issued under bye-law (3) shall be valid until the 31st December of the year of issue.

    (2) A licence shall be renewable from year to year, on payment of an annual fee of P100.

    (3) An application for the renewal of a licence shall be made in Form 3 set out in the Schedule hereto.

5.    Suspension and revocation of licence

    (1) The Authority may—

    (a)    suspend a licence issued under bye-law 4 where—

        (i)    any condition of the licence is not adhered to;

        (ii)    a centre has failed to comply with these Bye-Laws; or

        (iii)    an authorised officer, after conducting an inspection, has recommended a suspension of the licence due to a failure of the centre to comply with the relevant health standards.

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

        (i)    a centre has failed to comply with any of the conditions of the licence;

        (ii)    a centre has contravened or failed to comply with any of the provisions of these bye-laws; or

        (iii)    an authorised officer, after conducting an inspection, has recommended a revocation of the licence due to any reason.

    (2) Any suspension or revocation of a licence under this bye-law shall be published by notice in the Gazette, and two newspapers in circulation in Botswana.