CHAPTER 70:01
BOTSWANA RAILWAYS

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

PART II
Establishment, Constitution and Membership of Organisation

    3.    Establishment of Organisation and legal personality

    4.    Composition of Organisation

    5.    Resignation and removal from office

    6.    Tenure of office

    7.    Payment of members

PART III
Meetings and Proceedings of Board

    8.    Meetings

    9.    Signification of documents

PART IV
Officers, Employees and Agents of Organisation

    10.    Appointment of officers and employees

    11.    Delegation to committee

PART V
Functions, Powers and Duties of Organisation

    12.    Functions and powers

    13.    Exclusive privilege of Organisation

    14.    Co-operation with authorities

    15.    Research and records

    16.    Powers of Minister to give directions

PART VI
Finance

    17.    Principles of financial operations

    18.    Fixing of tariffs and surplus funds

    19.    Borrowing powers

    20.    Vesting of property in Organisation

    21.    Accounts and audit

PART VII
General

    22.    Annual report

    23.    Compulsory acquisition of land

    24.    Resettlement measures

    25.    Compensation for loss or damage

    26.    Power to call for information

    26A.    Confidentiality

    26B.    Powers of arrest

    27.    Power to make bye-laws, etc.

    28.    Protection from personal liability

    29.    Power to make regulations

    30.    Transitional provisions

    31.    Application of certain laws

Act 22, 1986,
S.I. 104, 1987,
Act 22, 2004.

An Act to provide for the establishment of an Organisation to be known as the Botswana Railways for the provision and operation of railway services and for matters connected therewith or incidental thereto.

[Date of Commencement: 1st October, 1987]

PART I
Preliminary (ss 1-2)

1.    Short title

    This Act may be cited as the Botswana Railways Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "contiguous railways" means any railway outside Botswana to which traffic can travel, to and from Botswana, in the same rail vehicle;

    "financial year" means the year ending on 31st March in each year;

    "former owners" means the National Railways of Zimbabwe or the Railways Unitary System Board of Management so far as they relate to assets within the borders of Botswana;

    "Organisation" has the meaning assigned to it under section 3;

    "private siding" means any line of railway which is connected to, or is contiguous with, Botswana Railways, other than such connections at the national borders, which has been constructed on land not owned or leased by Botswana Railways, for the specific purpose of facilitating rail transport access to premises or works situated on that land;

    "railway jurisdiction" means any property of the Organisation and includes any of the following which belong to the Organisation, namely, buildings, offices, premises, warehouses, trains, locomotives, carriages, wagons, railway yards, railway tracks and the adjoining land;

[22 of 2004, s. 2.]

    "railways services" means the conveyance of passengers, parcels and goods traffic by rail or road in accordance with the provisions of this Act;

    "senior officer" means any employee of the Organisation who holds a position which is designated as such by the Board.

PART II
Establishment, Constitution and Membership of Organisation (ss 3-7)

3.    Establishment of Organisation and legal personality

    (1) There is hereby established a commercial enterprise of the Government of Botswana to be known as the Botswana Railways Organisation (in this Act referred to as "the Organisation").

    (2) Notwithstanding any other law to the contrary, all legal proceedings by or against the Organisation shall be instituted by or against the Botswana Railways in its own name, and the necessary service of process shall be effected on the general manager of the Organisation.

[22 of 2004, s. 3.]

    (3) Sections 3 and 6 of the State Proceedings (Civil Actions by or against Government or Public Officers) Act shall not apply to actions by or against Botswana Railways.

4.    Composition of Organisation

    (1) There is hereby established a Board of Management (hereinafter referred to as "the Board") which shall consist of the following members appointed by the Minister—

    (a)    the chairman;

    (b)    the general manager of the Organisation appointed under section 10, ex-officio; and

    (c)    not less than five or more than nine other persons who in the opinion of the Minister have knowledge and experience likely to contribute to the successful management of the Organisation.

    (2) A person shall not be competent to be appointed or to act as a member of the Board if—

    (a)    he is a Member of the National Assembly;

    (b)    he is an employee of the Organisation;

    (c)    he has been declared insolvent or bankrupt under any law in any country and has not been discharged, or has made a composition with his creditors and has not paid his debts in full; or

    (d)    he or she has been convicted of an offence involving dishonesty, or commits an act of misconduct which, in the opinion of the Minister, renders him or her unfit to hold office as a member of the Board.

[22 of 2004, s. 4.]

5.    Resignation and removal from office

    (1) Any member of the Board, other than the general manager, may resign from the Board by notice in writing addressed to the Minister.

    (2) A member of the Board may be removed from the Board if—

    (a)    ceases to hold the office by virtue of which he was appointed;

    (b)    becomes of unsound mind;

    (c)        is declared insolvent or bankrupt under any law in force in any country;

    (d)    suspends payment of his debts or compounds with his creditors;

    (e)    is absent from three consecutive meetings of the Board without such reason as appears to the Minister to be sufficient;

    (f)    is sentenced to imprisonment without the option of a fine or is convicted of an offence involving dishonesty;

    (g)    in the case of a person possessed of professional qualifications, is disqualified or suspended, otherwise than at his own request, from practising his profession in Botswana or in any other country by order of any competent authority made in respect of him personally.

6.    Tenure of office

    (1) A member of the Board, other than the chairman and the general manager, shall hold office for such period, not exceeding four years, as may be specified in the notice appointing him, and on the expiration of such period shall be eligible for re-appointment:

    Provided that in appointing members of the Board, the Minister shall specify such periods of appointment so that the periods of appointment of not more than one-third of the members shall expire in any one year.