Key Benefits:
No funds of a registered trade union, federation of trade unions or employers' organization shall be expended otherwise than as provided by thier constitutions.
38. Prohibition of payment of certain fines and other penalties
The funds of a registered trade union, federation of trade unions or employers' organization shall not be applied, either directly or indirectly, in payment of the whole or any part of any fine or other penalty imposed upon any person by sentence or order of a court, other than a fine or other penalty imposed upon the trade union, federation of trade unions or employers' organization itself.
39. Interdict to restrain unauthorized or unlawful expenditure of funds, etc.
An interdict restraining any unauthorized or unlawful expenditure of the funds or use of any property of a registered trade union, federation of trade unions or employers' organization may be granted on the application of five or more persons having sufficient interest in the relief sought or of the Registrar or Attorney-General.
(1) Every registered trade union, federation of trade unions or employers' organization shall cause to be kept such proper books of account as are necessary to give a true and fair view of its financial position and more particularly with respect to-
(a) all sums of money received or expended by it and the matters in respect of which such receipt or expenditure takes place; and
(b) its assets and liabilities.
(2) The books of account required to be kept under subsection (1) shall be kept by the trade union, federation of trade unions or employers' organization at its registered office or at such other place in Botswana as its executive committee thinks fit and shall be open at all reasonable times to inspection by members of the executive committee.
(3) Any officer of a registered trade union, federation of trade unions or employers' organization who fails to take every reasonable step open to him to secure compliance by the trade union, federation of trade unions or employers' organization with this section or has, by his own wilful act, been the cause of any failure by the trade union, federation of trade unions or employers' organization to comply with this section shall be guilty of an offence and liable to a fine not exceeding P200 or to imprisonment for a term not exceeding 12 months, or to both:
Provided that no person shall be sentenced to imprisonment under this section unless the court is satisfied that the offence was committed wilfully.
41. Circulation, furnishing and auditing of accounts
(1) The principal treasurer of a registered trade union or employers' organization shall, not later than 18 months immediately after its registration under this Act and subsequently in every financial year, prepare and prominently exhibit at the registered office of the trade union or employers' organization and send to every branch thereof, for similar exhibition at the branch's principal office, a balance sheet in such form as the Minister may require giving a true and fair view of the state of the financial affairs of the trade union or employers' organization at the end of the immediately preceeding financial year.
(2) Subsection (1) shall apply, with all necessary modifications, to the principal treasurer of a registered federation of trade unions.
(3) Every treasurer of a registered trade union or employers' organization and every other officer thereof who is responsible for its accounts or for the collection, disbursement, custody or control of any of its funds or moneys shall, upon resigning or otherwise vacating his office or at any other time when required to do so by the Registrar or by a resolution passed by a general meeting of the trade union or employers' organization, furnish the members of the trade union or employers' organization and the Registrar or, where a requirement is made by the Registrar, the Registrar alone, with a just and true account of all moneys received or disbursed by him during the period that has elapsed since the date of his last assuming office as a treasurer or such other period as the Registrar or the general meeting, as the case may be, may specify.
(4) A treasurer or other officer furnishing an account such as is referred to in subsection (3), shall include therein the balance of any moneys remaining in his hands and of all bonds, securities and other property of the trade union or employers' organization entrusted to his hands or custody or otherwise under his control.
(5) Subsections (3) and (4) shall apply, with all necessary modifications, to every treasurer and every other officer such as is referred therein to of a registered federation of trade unions as if the references therein to a general meeting were references to a meeting of the body in which the ultimate authority of the federation is vested.
(6) Every balance sheet prepared in accordance with subsection (1) and every account such as is referred to in subsection (3) shall be audited at the expense of the registered trade union, federation of trade unions or employers' organization by an auditor approved by an independent and impartial auditing body and, for these purposes, the auditor shall have and be given free access to all books and other documents relating to the accounts of the trade union, federation of trade unions or employers' organization.
(7) After the auditing of an account such as is referred to in subsection (3), the treasurer or other officer concerned of a trade union, federation of trade unions or employers' organization shall forthwith hand over to the trustees of the trade union, federation of trade unions or employers' organization such balance as is due from him of all bonds, securities, effects, books, papers and other property of the trade union, federation of trade unions or employers' organization in his hands or custody or otherwise under his control:
Provided that, in the case of a registered employers' organization that has no trustees in whom all its property is vested, the items specified in this section shall be handed over to the executive committee of the employers' organization.
(8) Any person who obstructs or in any other manner whatsoever hinders an auditor in carrying out his functions in terms of subsection (6) and any person who fails to comply with this section 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 to both.
(1) Every registered trade union, federation of trade unions or employers' organization shall furnish the Registrar, on or before the prescribed date in every financial year, with a copy of the balance sheet prepared and audited in accordance with section 41, together with a copy of the auditor's report thereon.
(2) In addition to furnishing the Registrar with a copy of the balance sheet in accordance with subsection (1), a registered trade union, federation of trade unions or employers' organization shall also furnish the Registrar with-
(a) a copy of its constitution in force at the end of the immediately preceding financial year;
(b) a copy of all amendments to its constitution and a written statement setting out all changes in its officers and trustees made during the immediately preceding financial year; and
(c) a written statement setting out, in the case of a-
(i) registered trade union, the number of its members;
(ii) registered federation of trade unions, the name and registered postal address of each of the trade unions belonging to the federation; or
(iii) registered employers' organization, the name and postal address of each of its members,
at the end of the immediately preceding financial year.
(3) Any registered trade union, federation of trade unions or employers' organization that fails to comply with subsection (1) or (2) and every officer thereof who is knowingly a party to the failure shall be guilty of an offence and liable to a fine not exceeding P200.
(4) Any person who makes or causes to be made any entry in a document, with which the Registrar is required to be furnished in accordance with this section, that he knows to be false or does not believe to be true or omits or causes to be omitted from any such document any fact which he knows or suspects to be a material fact shall be guilty of an offence and liable to imprisonment for a term not exceeding three years.
43. Inspection of accounts and list of members
(1) The books of account of a registered trade union, federation of trade unions or employers' organization, together with its list of current members, shall be open to inspection by any officer or member of the trade union or employers' organization or of a trade union belonging to the federation of trade unions, at such times as shall be provided by its constitution, or by the Registrar or by any person authorized in that behalf by the Registrar, at any reasonable time.
(2) If any inspection to which a person is entitled in terms of this section is refused or unreasonably delayed, every officer of the trade union, federation of trade unions or employers' organization in question who is knowingly a party to the refusal or delay 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 to both.
44. Interdict against officers
(1) A member of a registered trade union or employers' organization or of a trade union belonging to a registered federation of trade unions or the Registrar may apply to the High Court for an interdict prohibiting an officer of the trade union, federation of trade unions or employers' organization from holding office in or controlling the funds of the trade union, federation of trade unions or employers' organization.
(2) Where, on an application under this section, the High Court is satisfied that there is a prima facie case against the officer in question for fraudulent misuse of the funds of the trade union, federation of trade unions or employers' organization or that the officer is disqualified from holding office in the trade union, federation of trade unions or employers' organization, whether by virtue of this Act or otherwise, the High Court may grant the interdict for which the application is made.
