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CHAPTER 18:01
SOCIETIES

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Appointment of Registrar

    4.    Establishment of society

    4A.    Exemption of political parties from the provisions of the Act

    4B.    Reservation of name

    5.    Application for registration

    6.    Refusal of registration

    7.    Disqualification for office-bearers

    8.    Register

    9.    Cancellation of registration

    10.    Consent of Registrar

    11.    Publication of registration and cancellation

    12.    Cessation of existence of society

    13.    Particulars to be furnished by societies

    14.    Office-bearer

    15.    Presumptions of membership

    16.    Winding up of society

    17.    Application of assets and costs of winding up

    18.    Search warrants

    19.    Powers of Registrar to summon witness

    20.    Inspection of premises

    21.    Establishment of Advisory and Arbitration Council

    22.    Members of Council

    23.    Functions of Council

    24.    Meetings of Council

    25.    Quorum and procedure at meetings

    26.    Co-opted members

    27.    Service of documents

    28.    Evidence

    29.    Accounts and audits

    29A.    Amendment of Schedule

    29B.    Annual return

    29C.    Penalties

    29D.    Accessing information

    30.    Regulations

    31.    Repeal of Cap. 18:01

    32.    Savings and transitional provisions

        Schedule

Act 19, 1972,
Act 11, 1978,
Act 32, 1979,
Act 23, 1983,
S.I. 110, 1983,
S.I. 102, 2010,
Act 9, 2015,
Act 10, 2016,
S.I. 119, 2016,
S.I. 120, 2016,
Act 6, 2022,
Act 10, 2023,
S.I. 97, 2023,
5 of 2025,
S.I. 1, 2025.

An Act to regulate the registration, monitoring and supervision of societies and matters incidental thereto and connected with.

[Date of Commencement: 25th February, 2022]

1.    Short title

    This Act may be cited as the Societies Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "authorised officer" means an officer of the Registrar authorised by the Registrar to perform duties under this Act;

    "ammunition" has the same meaning assigned to it under the Arms and Ammunition Act (Cap. 24:01);

    "arms" has the same meaning assigned to it under the Arms and Ammunition Act;

    "competent authority" has the same meaning assigned to it under the Financial Intelligence Act (Cap. 08:07);

[5 of 2025, s. 2.]

    "Council" means the Advisory and Arbitration Council established under section 21;

    "day" means any day other than a Saturday, Sunday or any day which is a public holiday under the Public Holidays Act;

[5 of 2025, s. 2.]

    "financial offence" has the same meaning assigned to it under the Financial Intelligence Act (Cap. 08:07);

    "formation" means first meeting of the proposed society for the drafting of the constitution after name reservation;

[5 of 2025, s. 2.]

    "illegal society" means a society in terms of section 5(7) that operates without a certificate of registration of approval issued by the Registrar of societies;

    "illicit dealing in arms or ammunition" means a contravention of any of the provisions of Parts IV to VI of the Arms and Ammunition Act;

    "money laundering" has the same meaning assigned to it under the Proceeds and Instruments of Crime Act (Cap. 08:03);

    "office-bearer" of a society means any elected, appointed or co-opted person who is a member of the board, committee or governing body thereof;

    "premises" means a place of operation and or an administrative office of the society;

[5 of 2025, s. 2.]

    "proliferation" has the same meaning assigned to it under the Counter Terrorism Act (Cap. 08:08);

    "proposed society" means any club, company, partnership political party or association of 20 or more persons, whatever its nature or objects, or any association of 20 or more persons, for a religious society who have submitted their intentions to register a society;

[5 of 2025, s. 2.]

    "register" means a register of societies that is kept and maintained by the Registrar under section 8;

    "Registrar" means the Registrar of Societies appointed under section 3;

    "society" means—

    (a)    any club, company, partnership or association of 20 or more persons, whatever its nature or objects, or any association of 20 or more persons, for a religious society, but does not include—

        (i)    any company as defined by the Companies Act (Cap. 42:01), or any company to which Part VII of that Act applies which has complied with the requirements of section 285 of that Act;

        (ii)    any company or association constituted under any written law for the time being in force in Botswana;

        (iii)    any trade union, federation of trade unions or employers' organisation registered under the Trade Unions and Employers' Organisations Act (Cap. 48:01),

        (iv)    any company, association or partnership consisting of not more than 20 persons, formed for the sole purpose of carrying on any lawful business,

        (v)    any co-operative society, registered under the Co-operative Societies Act (Cap. 42:04),

        (vi)    any board of governors, local education authority, school committee or similar organization established under Education Act (Cap. 58:01),

        (vii)    any building society registered under the Building Societies Act (Cap. 42:03); or

        (viii)    any society or class of society which may be declared not to be a society for the purposes of this Act; or

    (b)    a political party of 20 or more persons listed in the Schedule.

[5 of 2025, s. 2.]

    "terrorism" has the same meaning assigned to it under the Counter-Terrorism Act (Cap. 08:08); and

[5 of 2025, s. 2.]

    "terrorism financing" has the same meaning assigned to it under the Counter-Terrorism Act.

[5 of 2025, s. 2.]

    (2) Where a body of persons, whether corporate or unincorporated is a member of an association, all members of such body shall be deemed to be members of such association.

[5 of 2025, s. 2.]

3.    Appointment of Registrar

    (1) The Minister shall by Notice published in the Gazette appoint a public officer to be the Registrar.

    (2) The Registrar shall, subject to any directions given by the Minister, be charged with the general administration of this Act and shall not be liable to a suit or to prosecution in respect of anything done in good faith in execution of his or her duties.

    (3) The Minister shall appoint an officer to be a point of contact to respond to an international request for information.

[5 of 2025, s. 3.]

4.    Establishment of society

    (1) A society shall be considered to be established in Botswana if—

    (a)    it has its headquarters or premises in Botswana; and

    (b)    two thirds of the office bearers reside in Botswana and hold critical roles relating to the day to day running of the society.

[5 of 2025, s. 4.]

    (2) When establishing a society, in accordance with the provisions of subsection (1), the Registrar shall verify the identity of a person who controls or directs the activities of the society, including a senior office bearer and board member.

[5 of 2025, s. 4.]

    (3) The Minister may prescribe any further requirements with regard to the establishment of a society.

[5 of 2025, s. 4.]

    (4) For purposes of this section, "critical roles" means any office bearer or an officer who is responsible for keeping records, accounts of a registered society or for the collection, receipt, disbursement, custody or control of the finances of the society.

[5 of 2025, s. 4.]

4A.    Exemption of political parties from the provisions of the Act

    A political party shall be exempted from the provisions of this Act, except for sections 2, 4, 5(1), 5(2)(a) and (b), 5 (3), 5(4), 5(6), 5(7), 6(1)(a), (b), (d), (e), (f), (g), (h), (j), (k), (l), (m) and (n), 13(1)(a), 29A and 32.

[10 of 2023, s. 3.]

4B.    Reservation of name

    A proposed society shall, prior to making an application for registration under this Act, make an application in such form as may be prescribed to the Registrar for the reservation of a name under which the proposed society may be registered.

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