1. Short title
3. Authorization of
guards and watchmen
4. Protected places
5. Protected areas
6. Publication of
7. Measures for protection
of protected place or area
8. Safeguarding of
10. Powers to arrest
Law 18, 1965,
L.N. 84, 1966.
Commencement: 21st December, 1965]
[Ch2201s1]1. Short title
Act may be cited as the Protected Places and Areas Act.
this Act, unless the context otherwise requires-
(a) any police officer of or above the rank of
(b) any administrative officer (other than a
(c) any person performing the duties of a guard
or watchman in a protected place or a protected area authorized in that behalf
under section 3; and
(d) any other person or class of persons
declared by the President by order published in the Gazette to be such
either generally or in respect of any specified place or area or class of place
includes any land in Botswana and any building or structure upon such land;
area" means any area declared to be a protected area under section 5;
place" means any premises declared to be a protected place under
[Ch2201s3]3. Authorization of guards and watchmen
administrative officer (other than a cadet) or any police officer of or above
the rank of Assistant Superintendent may authorize in writing any person
performing the duties of a guard or watchman in a protected place or a
protected area to exercise the powers of an authorized officer in such place or
[Ch2201s4]4. Protected places
If in regard to any premises it appears to the President to be necessary or
expedient that special precautions should be taken to prevent the entry of
unauthorized persons, he may, by order, declare those premises to be a
protected place for the purposes of this Act; and so long as the order is in
force no person, other than a person who is, or who belongs to a class of
persons which is, specifically exempted in such order, shall not be in those
premises unless he is in possession of a pass card or permit issued by such
authority or person as may be specified in the order, or has received the
permission of an authorized officer on duty at those premises to enter them.
Where under this section any person is granted permission to be in a protected
place, that person shall, while acting under such permission, comply with such
directions for regulating his conduct as may be given by the authority or
person granting the permission, and an authorized officer or any person
authorized in that behalf by the occupier of the premises may search any person
entering, or seeking to enter, or being in a protected place, and may detain
any such person for the purpose of searching him.
If any person is in a protected place in contravention of the provisions of
this section or, while in such place, fails to comply with any directions given
under this section, he shall be guilty of an offence and liable to a fine not
exceeding P2000 or to imprisonment for a term not exceeding five years, or to
both, and he may in addition be removed from the place by an authorized officer
or by any person authorized in that behalf by the occupier of the premises.
Pass cards or permits issued under subsection (1) shall be in such form as the
authority or other person issuing them may determine.
[Ch2201s5]5. Protected areas
If, in regard to any area, it appears to the President to be necessary or
expedient that special measures should be taken to control the movements and
conduct of persons, he may, by order, declare such area to be a protected area.
Any person who is in any protected area shall comply with such directions
regulating his movements and conduct as may be given by an authorized officer,
and an authorized officer may search any person entering, or seeking to enter,
or being in a protected area, and may detain any such person for the purpose of
If any person while in a protected area fails to comply with any direction
given under the provisions of subsection (2) he shall be guilty of an offence
and liable to a fine not exceeding P2000 or to imprisonment for a term not
exceeding five years, or to both, and he may in addition be removed from the
area by an authorized officer.
[Ch2201s6]6. Publication of Orders
order made under this Act shall come into force upon the making thereof, and
shall within seven days be published in the Gazette and in a newspaper
circulating in the district in which the protected place or area to which it
relates is situated:
that failure to publish an order in a newspaper shall not invalidate such order
nor shall it be a defence to any charge under section 4 or section 5.
[Ch2201s7]7. Measures for protection of protected
place or area
The Minister may, by notice in writing to the occupier of any protected place
or protected area, direct such occupier at his own expense to take such
measures for the better protection of the place or area as the Minister may
consider reasonably necessary.
Any occupier aggrieved by directions given by the Minister under subsection (1)
may within 14 days next after receiving such directions appeal to the
President. On any such appeal the President may revoke or vary the directions
given by the Minister, and notice in writing of such revocation or variation
shall be given by the Minister to the occupier concerned.
If an occupier fails or refuses within a reasonable time to comply with
directions given under the provisions of subsection (1), or where such
directions have been varied by the President, with the directions as so varied,
the Minister may cause such measures to be taken and may recover the expenses
incurred in so doing from the occupier concerned.
[Ch2201s8]8. Safeguarding of information
The Minister may, by notice in writing, require an occupier of any protected
place or area to take such steps as the Minister may deem necessary in the
public interest for the safe-guarding of information relating to such place or
area, or for the security of any classified information or document which may
be furnished to such occupier, in his capacity as such, by any public officer.
Any person who fails to comply with any of the requirements of a notice issued
to him under subsection (1) shall be guilty of an offence and liable to a fine
not exceeding P100 or to imprisonment for a term not exceeding six months, or
The Minister may make regulations requiring the erection by persons specified
in such regulations or in any order made thereunder of warning notices at or
near the site of protected places or protected areas, and such other
regulations as may be necessary or expedient for carrying out the objects of
Any person who contravenes or fails to comply with any regulations made under
this section shall be guilty of an offence and shall be liable to a fine not
exceeding P50 or to imprisonment for a term not exceeding three months, or to
[Ch2201s10]10. Powers to arrest
police officer may arrest without warrant any person reasonably suspected of
committing an offence contrary to any of the provisions of this Act.