Ministry of Local Government (MLG)
Councils as Body-Corporate
10/02/12
Councils as Body-Corporate

Based on the Botswana legal framework, a Council is a corporate body with judicious powers, with a name and a seal by which it is established and is capable of suing and being sued under the said name. Some of the key characteristics of Councils as body-corporate are the following:


i) Established by an Act of Parliament
ii) Have delegated powers
iii) Identifiable by a seal
iv) A defined geographical area of jurisdiction
v) Comprise of elected and nominated members
vi) Can make bye-laws

In addition to the acts establishing councils, other legislative instruments governing the operations of Councils include, among others, the following;

i) Children’s Act (Cap 28:04), 1981
ii) Adoption of Children Act (Cap 28:01), 1952
iii) Public Health Act (Cap 63:01), 1981
iv) Water Act (Cap 34:01), 1968
v)  Education Act (Cap 58:01), 1967
vi) Public Roads Act (Cap 69:04), 1907
vii) Matimela Act (Cap 36:06), 1969, Amendment, 2004 (Currently under review)
viii) Pounds Act (CAP: 36:05), 1925, 1984
ix) Building Control Act, 1962
x) Fire Services Act, 1994
xi) Liquor Regulations, 2008
xii) Environmental Impact Assessment Act, 2005
xiii) Local Authorities Procurement and Asset Disposal Act, 2008
xiv) Finance and Audit Act (Cap 54:01), 1970
xv) Tribal Land Act (CAP 32:02), 1970; Amendment, 1993
xvi) Town and Country Planning Act (CAP 32:09), 1980
xvii) Public Service Act (CAP 26:01) of 2008 (Revision)s

These Acts elaborate on the major powers, functions and responsibilities of councils based on modern community expectations. They give councils powers to plan for and manage local community services and facilities in order to enhance service delivery.


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