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TRIBAL LAND: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Establishment of Subordinate Land Boards Order

Tribal Land (Establishment of Land Tribunals) Order

Tribal Land (Land Board Service ) Regulations

Tribal Land (Subordinate Land Boards) Regulations

Tribal Land Regulations

ESTABLISHMENT OF SUBORDINATE LAND BOARDS ORDER

(section 19)

(15th June, 1973)

ARRANGEMENT OF PARAGRAPHS

   PARAGRAPH

   1.   Citation

   2.   Establishment

   3.   Area of jurisdiction

   4.   Functions

      SCHEDULE

S.I. 47, 1973,
S.I. 3, 1979,
S.I. 125, 1979,
S.I. 132, 1980,
S.I. 78, 1981,
S.I. 81, 1981,
S.I. 110, 1981,
S.I. 68, 1982,
S.I. 5, 1984,
S.I. 92, 1984,
S.I. 36, 1986,
S.I. 55,1987,
S.I. 97, 1989,
S.I. 45, 1992,
S.I. 66, 1994,
S.I. 53, 2002,
S.I. 7, 2005,
S.I. 13, 2005
S.I. 16, 2011,
S.I. 85, 2012,
S.I. 98, 2012,
S.I. 36, 2013.

1.   Citation

   This Order may be cited as the Establishment of Subordinate Land Boards Order.

2.   Establishment

   The subordinate land boards referred to in the second column of the Schedule hereto are established as the subordinate land boards within the district named in the first column of the said Schedule.

3.   Area of jurisdiction

   The area of jurisdiction in respect of which each subordinate Land Board will perform its functions shall be the area or villages stated in relation to each subordinate land board in the third column of the Schedule.

4.   Functions

   (1) The functions under customary law which vest in the subordinate land authority which are transferred to the subordinate land board shall include the hearing, grant or refusal of applications to use land for-

   (a)   building residences or extensions thereto;

   (b)   ploughing to a maximum extent of land determined by the tribal land board;

   (c)   grazing cattle or other stock; or

   (d)   communal uses in the village.

   (2) Subordinate land boards shall receive and determine applications for boreholes intheir areas.

   (3) Subordinate land boards shall hear and adjudicate upon disputes concerning customary land grants or rights within their area of jurisdiction.

   (4) Subordinate land boards shall receive and determine applications for common law grants of land.

SCHEDULE

Bakgatla Tribal Territory

Artesia Subordinate
Land Board

Artesia, Dikgonnye, Kgomodiatshaba,
Leshibitse,
Olifantsdrift, Palla
Camp

Mathubudukwane Subordinate Land
Board

Malolwane, Mathubudukwane, Ramonaka, Sikwane

Mochudi Subordinate Land Board

Malotwane, Mochudi,
Rasesa

Oodi Subordinate Land Board

Bokaa, Dikwididi,
Matebele, Modipane,
Morwa, Oodi

Bakwena Tribal Territory

Lentswe-le-tau
Subordinate Land Board

Botlhapatlou-northwest of Hatsalatladi, Gakuto-west of Mmopane, Hatsalatladi, Kopong-north of Mmopane, Lentsweletau, Mahetlwe, Medie

Lephephe Subordinate Land Board

Lephephe, Sojwe

Letlhakeng Subordinate Land Board

Khudumelapye, Letlhakeng, Maboane, Moshaweng, Salajwe, Takatokwane

Mogoditshane Subordinate Land Board

Mogoditshane, Gabane, Mmopane, Nkoyaphiri, Mmokolodi, Kgaphamadi,Tlhape, Gaphatshwe, Dumadumana, Go-nku, Metsimotlhabe, Fikeng, Senamakola,Tloaneng, Phiriyabokwete, Tlhwane, Lelotong, Mosusu, Diphiri, Letlhajweng

Molepolole Subordinate Land Board

Molepolole

Motokwe Subordinate Land Board

Dutlwe, Motokwe, Tsetseng

Thamaga Subordinate Land Board

Kumakwane, Mmankgodi, Thamaga

Bangwaketse Tribal Territory

Kanye Subordinate Land Board

Kanye, Moshaneng

Mabutsane Subordinate Land Board

Khakhea, Mabutsane, Morwamosu, Sekoma

Maokane Subordinate
Land Board

Betesankwe, Gasita, Kadue, Lefoko, Maokane, Mokhomma, Naledi, Samane, Seherelela, Selokolela, Sese, Sesung, Thankane

Mmathethe Subordinate Land Board

Digawana, Gamojela, Magoriapitse, Mmathethe, Mokgomane

Moshupa Subordinate Land Board

Kgomokasitwa, Lekgolobotlo, Manyana, Moshupa, Ntlhantlhe, Ranaka

Phitshane-Molopo Subordinate Land Board

Loporung, Mabule, Mmakgori, Phitshane-Molopo, Tshidilamolomo

Bamangwato Tribal Territory

Bobonong Subordinate Land Board

Bobonong, Kobojango, Mathathane, Molalatau, Semolale, Tsetsebjwe

Letlhakane Subordinate Land Board

Letlhakane, Makoba, Mmatshumo, Mosu, Thalemabele

Mahalapye Subordinate Land Board

Bonwapitse, Dibete, Dovedale, Kudumatse, Makwate, Mahalapye, Mmaphashalala, Mookane, Palla Road, Radisele, Taupswe, Tewane

Marapong Subordinate Land Board

Chadibe, Dukwi, Kutamogoree, Marapong, Marobela, Mathangwane, Mmea, Nshakashogwe, Sebina, Semitwe

Maunatlala Subordinate Land Board

Kgagodi, Maunatlala, Mogapinyana, Tamasane

Mmadinare Subordinate Land Board

Mmadinare, Sefhophe, Serule, Tobane

Nata Subordinate Land Board

Gweta, Nata

Palapye Subordinate Land Board

Lecheng, Lerala,
Malaka, Mekoro,
Palapye, Ratholo

Rakops Subordinate Land Board

Xhumaga,
Makalamabedi,
Mopipi, Rakops,
Xhomo

Sefhare Subordinate Land Board

Chadibe, Maape,
Machaneng,
Matlhakola,
Mhalapitsa,
Mokobeng, Moshopa, Pilikwe,
Ramokgonami,
Sefhare, Seleka,
Shakwe

Serowe Subordinate Land Board

Mabeleapudi,
Mashoro, Mogorosi, Moijabana, Paje,
Serowe, Tlhabala, Tshimoyapula

Shoshong Subordinate Land Board

Kalamare,
Mpolotshane,
Shoshong

Tonota Subordinate Land Board

Borolong, Borotsi, Foley,
Mmandunyane,
Mooke, Shashe,
Tonota

Tutume Subordinate Land Board

Maitengwe,
Nkange,
Tutume

Batawana Tribal Territory

Gomare Subordinate Land Board

Gomare

Maun Subordinate Land Board

Makalamabedi,
Maun, Shorobe

Nokaneng Subordinate Land Board

Danega, Haba,
Nokaneng, Xangwa

Sehitwa Subordinate Land Board

Sehitwa, Toteng,
Tsau

Seronga Subordinate Land Board

Kauxwi, Mogotlho, Mohembo East, Ngarange, Seronga, Xaxao

Shakawe Subordinate Land Board

Sepopa, Shakawe

Ghanzi Tribal Area (as defined in the Fifth Schedule to the Act)

Charles Hill Subordinate Land Board

Charles Hill, Makunda (including Dryhoek and Tjwavango),
Mamono, Nojane

Kgalagadi Tribal Area (as defined in the Fourth Schedule to the Act)

Hukuntsi Subordinate Land Board

Hukuntsi, Kang, Lehututu, Lokgwabe, Tshane

Tshabong Subordinate Land Board

Bogobogobo,
Bokspits, Gakhibana,
Kisa, Kolonkwaneng, Makopong,
Middlepits,
Omaweneno,
Phepheng, Tshabong, Werda

TRIBAL LAND REGULATIONS

(section 37)

(30th January, 1970)

ARRANGEMENT OF REGULATIONS

   REGULATION

PART I
Preliminary

   1.   Citation

PART II
Land Boards

   2.   Procedure for appointment of land board

   3.   Chairmen of land boards

   4.   Duties of secretary

   5.   Consultation with district council

PART III
Grant of Customary Land Rights

   6.   Applications for customary land rights

   7.   Procedure on receipt of application

   8.   Procedure before grant of customary land rights is made

   9.   Decision of board to be communicated

   10.   Demarcation of land over which customary rights are granted

   11.   Certificate of grant of customary land right

   12.   Notice of appeal against decision on application

   13.   Reasons for decision to be furnished

   14.   Allowance of appeal against grant of customary rights

   14A.   Cancellation of customary land rights for failure to develop land

   15.   Procedure before cancellation of customary land rights

   16.   Notice of appeal against decision to cancel

   17.   Reasons for decision to cancel to be furnished

PART IV
Grant of Common Law Land Rights and of Customary Rights under section 33

   18.   Application for common law land rights under section 23

   19.   Application for common law land rights under section 24

   20.   Consideration of application under section 24

   21.   Registration of grant under section 24

   22.   Form of grant under section 24

   23.   Appeal against refusal of consent under section 38

   24.   Applications under section 27

   25.   Consideration of application under section 27

   26.   Registration of endorsement in pursuance of section 27

   27.   Appeal against refusal under section 27

   28.   Service on Registrar of Deeds of certain orders obtained under section 28

   29.   Registration of grant executed under section 32

   30.   Grant of customary rights under section 33

PART V
Treasurer and Audit

   31.   Treasurer of land board

   32.   Accounts and audit

   33.   Disallowance and surcharge

   34.   Financial year

PART VI
Fees

   35.   Fees

      First Schedule

      Second Schedule

S.I. 7, 1970,
S.I. 48, 1973,
S.I. 107, 1973,
S.I. 149, 1976,
S.I. 90, 1984,
S.I. 104, 1985,
S.I. 64, 1994,
S.I. 74, 1999,
S.I. 91, 1999,
S.I. 7, 2004,
S.I. 23, 2005,
S.I. 87, 2006,
S.I. 18, 2011,
S.I. 142, 2016,
S.I. 29 of 2017.

PART I
Preliminary (reg 1)

1.   Citation

   These Regulations may be cited as the Tribal Land Regulations.

PART II
Land Boards (regs 2-5)

2.   Procedure for appointment of land board

   The Ministry of Lands and Housing shall invite members of the public residing in a tribal territory, to apply to the secretary of a land board for appointment as members of the land board as specified in the third column of the First Schedule to the Act.

   (1) The invitation in terms of subregulation (1) shall be-

   (a)   made at least two months before appointment to any land board; and

   (b)   published in two or more newspapers of national circulation.

   (2) In order to qualify as a candidate for appointment as a member of any land board the applicant shall-

   (a)   be a citizen of Botswana, holding a valid identity card issued under the National Registration Act;

   (b)   have attained the age of 26 years and not be over the age of 70 years;

   (c)   hold a minimum academic qualification of a Secondary School Junior Certificate;

   (d)   reside within the tribal area in respect of which he seeks appointment; and

   (e)   not be actively involved in party politics.

   (3) Subject to subregulation (3B), the Land Board Selection Committee established in terms of subregulation (11) shall interview every person who has, in terms of subregulation (1), submitted his or her application to the secretary of the land board.

   (3A) The Land Board Selection Committee shall, from among the persons interviewed in terms of subregulation (3), shortlist 15 candidates and refer them to the Minister for appointment.

   (3B) The Land Board Selection Committee shall only interview an applicant who qualifies as a candidate in terms of subregulation (2) of this regulation and is not disqualified from being appointed in terms of section 3(3) of the Act.

   (4)-(7) . . .

   (8) From the lists of candidates submitted, the Land Board Selection Committee shall select the most eligiblemembers, from whom the Minister shall make appointments to the land board (in accordance with the number of members and period of office for that land board, as provided in the third column of the First Schedule to the Act) and in doing so shall endeavour to ensure that, so far as possible, all relevant parts of the tribal area, including subordinate land board areas, are represented on the land board.

   (8A) Notwithstanding the provisions of subregulation (8), the Minister may appoint to a land board, a person who is not in the list of candidates submitted to the Minister by a Land Board Selection Committee.

   (9) The names of the candidates who have been shortlisted but not appointed to the land board by the Minister shall be kept in the Ministry for the purposes of appointing-

   (a)   under regulation 3(2)(a) of the Tribal Land Board (Subordinate Land Boards) Regulations,members to any subordinate land board within the land board area, from candidates, appointed in terms of regulation 2(b) of the Tribal Land Board (Subordinate Land Boards) Regulations, residing within the area of jurisdiction of that subordinate land board;

   (b)   new members, should the office of any appointed member to the land or subordinate land board become vacant; or

   (c)   in the Minister’s discretion, for appointing any other member of the land board or subordinate land board.

   (10) In making appointments the qualifications and experience of the candidate shall be taken into consideration.

   (11) There is hereby established, for each land board listed in the First Schedule to the Act, a Land Board Selection Committee for the corresponding tribal area, which shall be comprised of-

   (a)   the appropriate District Commissioner, who shall be the chairperson;

   (b)   the Land Board Secretary of the tribal area concerned, who shall be the secretary of the Land Board Selection Committee;

   (c)   the Council Secretary of the District Council concerned;

   (d)   the Chief or Sub-Chief of the tribal area concerned; and

   (e)   a member appointed by the Minister.

   (12) The Land Board Selection Committee shall determine its own procedure.

3.   Chairman of land boards

   (1) The Minister shall, at intervals of approximately 12 months, appoint a chairperson of the board and a deputy chairperson who shall act as chairperson of any meeting at which the chairman is absent.

   (2) The chairman and the deputy chairman of a land board shall hold office as such until the appointment of a new chairman or deputy chairman, as the case may be:

   Provided that the office of the chairman or of the deputy chairman of a land board shall immediately become vacant on:

   (i)   his ceasing, for any reason, to be a member of the board;

   (ii)   the submission to the board of his written resignation from office; or

   (iii)   the passing at a meeting of the board, by the members of the board present, of a resolution of no confidence in him.

   (3) Notwithstanding subregulation (1), where the office of the chairman or deputy chairman of a land board becomes vacant, the board shall forthwith proceed to elect from among its members a member to be the new chairman of the board, or the new deputy chairman of the board, as the case may be.

   (4) Where the chairman of a land board is unable or not readily available to perform the functions of his office as such at any meeting of the board, and where the deputy chairman is also unable or not readily available to perform the functions of the chairman, the members present at the meeting shall elect one of themselves to act as chairman for the purpose of the meeting.

4.   Duties of secretary

   The records of a land board shall be kept be the secretary who shall record and preserve the minutes of all its proceedings, receive all applications and other documents addressed to the board, and conduct correspondence on behalf of the board.

5.   Consultation with district council

   (1) Whenever it proposes to formulate or adopt a policy relating to its functions under the Act, a land board shall outline such proposed policy and enumerate any matters connected therewith on which it desires the views of the district council and cause the said policy and matters to be submitted in writing by the secretary to the district council, with a request to the district council to express its views thereon.

   (2) The district council shall consider the land board's proposal, and if it disagrees with it the council shall, within a period of six months from the date of receipt of such proposal, so inform the land board, giving the reasons for its disagreement in writing.

   (3) The land board shall not be obliged to accept the district council's opinion, but if it rejects it the land board shall inform the Minister of its decision, confirming that the district council was consulted, accurately reporting the council's disagreement and the reasons given therefor, and at the same time stating its own reasons for rejecting the council's opinion.

   (4) After due consideration of the report from the land board, the Minister may make such order in respect of the matter as he thinks fit, and the district council and the land board concerned shall comply with the Minister's order.

PART III
Grant of Customary Land Rights (regs 6-17)

6.   Application for customary land rights

   (1) An applicant for a customary law right to the use of land shall produce his national identity card, and furnish verbally or in writing to the secretary of the land board within whose area the land falls the following particulars which the secretary shall record-

   (a)   the full name and postal address of the applicant;

   (b)   whether the applicant is married and how many children he has;

   (c)   the ward, if any, in which the land right is sought;

   (d)   the nature of the right sought, e.g. for grazing, ploughing or building purposes;

   (e)   the location, description and extent of the land affected;

   (f)   the ward affiliations of the applicant; and

   (g)   what other land rights the applicant possesses in the tribal territory concerned and in any other tribal territory or city or town.

   (2) An applicant may also produce to the secretary a letter from the head of the ward concerned or his local representative stating whether the granting of the right applied for will conflict with other people's land rights, or with present land use, which letter the secretary shall file.

7.   Procedure on receipt of application

   (1) As soon as may be after receipt of an application for a customary land right the secretary shall-

   (a)   notify the applicant of the date and place of the next meeting of the land board, not being less than 21 days after the said receipt, at which representations concerning the application will be heard;

   (b)   post on a notice board open to public inspection at the land board's offices a notice of such application giving details thereof and the date and place of the meeting at which representations concerning the application will be heard and calling upon any interested person who wishes to make such representations to appear at the said meeting; and

   (c)   ascertain in the most expedient manner the attitude towards the application of the head of the ward concerned, or his local representative, if it has not already been communicated to him in writing.

   (2) Any meeting of the land board at which representations concerning an application for a customary land right are heard shall be held in public and any interested person shall be entitled to make representations concerning the application, the substance of which shall be recorded by the secretary.

   (3) For the purpose of resolving any dispute or difference arising from the representations submitted to it, or otherwise for the purpose of enabling it to decide upon an application, a land board shall have power to summon persons to give evidence before it.

   (4) Any person who without reasonable excuse fails to obey a summons under this regulation which has been served upon him shall be guilty of an offence and liable to a fine of P100 and to imprisonment for three months.

   (5) A land board shall have power, for the purpose of determining any application for a customary land right, to administer an oath or affirmation to any person appearing to give evidence before it.

   (6) No evidence shall be heard by a land board unless the applicant and any interested person whose name has been recorded as objecting to the application has been given notice of the meeting at which the evidence is heard.

   (7) The applicant and any interested person attending the meeting of the land board at which representations concerning the application are heard shall be entitled to call and question any witness.

8.   Procedure before grant of customary land rights is made

   (1) The land board shall satisfy itself-

   (a)   whether or not the applicant is a citizen of Botswana;

   (b)   whether or not the land is subject to rights in favour of any person other than the applicant;

   (c)   whether or not the land is available for the use proposed by the applicant;

   (d)   whether or not the size of the land applied for and its location are suitable for the proposed use.

   (2) If it is proposed to make a grant of customary rights, a resolution to that effect, embodying any conditions which it is proposed to impose, shall be put to the land board and if such resolution is passed it shall be recorded in the minutes of the meeting at which it was passed.

9.   Decision of board to be communicated

   The land board's decision on an application for a customary land right shall be communicated in writing to the applicant by the secretary by registered post, and shall be posted by the secretary on a notice board open to public inspection at the land board's offices, as soon as the land board has made its decision.

10.   Demarcation of land over which customary rights are granted

   (1) With the object of avoiding disputes arising from imprecise or conflicting grants, it shall be the duty of a land board in making a grant of customary rights in respect of a piece of land which is not defined by a diagram to describe it in the certificate of grant by reference to permanent and ascertainable boundary points or boundaries whenever possible, and whenever possible to attach a sketch plan.

   (2) For the purposes of fixing boundary points not otherwise readily ascertainable it shall be the duty of the grantee within six weeks of the issue to him of a certificate of grant to demarcate the land in respect of which customary rights have been granted to him in such a manner as the land board may direct.

   (3) Any grantee who fails to demarcate land in respect of which customary rights have been granted to him in the manner directed by the land board within the period prescribed in subregulation (2) or who fails to maintain any mark which has been established to demarcate such land shall forfeit his rights to such land, and any person who without reasonable excuse damages, destroys, moves or otherwise interferes with any mark established by or under the direction of a land board to demarcate land, shall be guilty of an offence and liable to a fine of P100 and to imprisonment for three months.

   (4) Before a certificate of grant of customary land rights is issued, it shall be the duty of the land board to ensure that the boundaries of the area of land concerned are pointed out to the grantee by a person designated by it for the purpose in the presence of the head of the ward or of two responsible heads of family, and such pointing out shall be recorded in the certificate of grant.

11.   Certificate of grant of customary land right

   A certificate of grant of any customary right to the use of land issued by a land board shall specify whatever conditions the land board with the approval of the Minister imposes, shall be signed by the chairman or the secretary, and shall be in Form I set out in the First Schedule.

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