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]
This Act may be cited as the Societies Act.
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.]
(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.]
(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.]
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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