Key Benefits:
61. Inspection of records in custody of Registrar
All registers, books and other documents in the custody of the Registrar by virtue of this Act shall be open for inspection by members of the public during such hours, on payment of such fees and subject to such conditions as may be prescribed.
63. Restriction on receipt of funds
(1) A registered trade union, federation of the trade unions or employers' organization may, subject to the provisions of any other law in force, accept funds originating from outside Botswana.
(2) In this section, "funds" includes all donations, loans or other assistance having pecuniary value, other than air, road or sea passages, or scholarships.
Every summons, notice or other document required to be served on a registered trade union, federation of trade unions or employers' organization in any civil or criminal proceedings shall be deemed, for the purposes or those proceedings, to be duly served if it is delivered at its registered office or posted to its registered postal address or served personally on its president, principal secretary or treasurer or any other of its officers, in so far as that service is otherwise in compliance with the requirements of any other law relating to the service of documents.
65. Certain facts to be notified in Gazette
The Registrar shall, by notice published in the Gazette, notify-
(a) every registration of a trade union, federation of trade unions or employers' organization under this Act or refusal of such registration;
(b) every cancellation of the registration of a trade union, federation of trade unions or employers' organization registered under this Act;
(c) every registration of a change of name by a registered trade union, federation of trade unions or employers' organization;
(d) every registration of a proposed amalgamation of registered trade unions under this Act or refusal of such registration; and
(e) every dissolution of a registered trade union, federation of trade unions or employers' organization.
66. Power of Minister to require certain information
(1) The Minister may, by notice published in the Gazette, require-
(a) any trade union or employers' organization or the officials thereof;
(b) any federation or other association or organization of or to which trade unions or employers' organizations are members or otherwise affiliated or any body of or to which any such federation or other association or organization is itself a member or otherwise affiliated or the officials thereof;
(c) the representatives of any class of workers or any industry; or
(d) any person or body of persons who or which represents more than one registered trade union or represents any trade or workers' movement or is concerned with and devoted to trade unionism, labour relations or other such matters,
to notify his, their or its existence in writing lodged with the Registrar.
(2) Any person or body of persons of whom a requirement is made under subsection (1) shall forthwith comply therewith and any person or body of persons who fails knowingly to do so and any other person who is knowingly a party to the failure shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both; and where, in any proceedings for an offence under this subsection, it is proved that a person or body of persons failed to comply with such a requirement, the court shall presume that he failed knowingly to do so unless the contrary is proved.
(3) The Minister may, by notice in writing served on any person or body of persons such as is referred to in subsection (1), require him to provide the Minister, within such reasonable time as shall be specified in the notice, with such particulars as appear to the Minister necessary to have for the purpose of ascertaining whether this Act (including any regulations made thereunder) is or is not being or has or has not been complied with.
(4) Any person or body of persons on whom a notice has been served under subsection (3) who fails, without reasonable excuse, to comply therewith or, in compliance or purported compliance therewith, provides particulars that he knows to be false or does not believe to be true or omits particulars that he knows or suspects to be material particular and any other person who is knowingly a party to the failure, provision or omission shall be guilty of an offence and liable to a fine not exceeding P100 or to imprisonment for a term not exceeding three months, or to both; and where, in any proceedings for an offence under this subsection, it is proved that a person or body of persons failed to comply with such notice, the court shall presume that the failure was without reasonable excuse unless the contrary is proved.
67. Power of Minister to make regulations
The Minister may make regulations for the better carrying into effect of the purposes and provisions of this Act and, without prejudice to the generality of the foregoing, such regulations may-
(a) prescribe the fees payable in connection with registration under this Act;
(b) prescribe the hours during which and the conditions subject to which documents in the custody of the Registrar shall be open to inspection by members of the public and the fees to be paid in respect thereof;
(c) ...
(d) ...
(e) prescribe the basic agreements and arrangements in respect of the system commonly known as "check-off" and the subscriptions to trade unions, federations of trade unions and employers' organizations; and
(f) provide generally for all matters connected with or incidental to the matters referred to in this section.
68. Inapplicability of certain laws
The Companies Act and the Co-operative Societies Act shall not apply to a trade union, federation of trade unions or employers' organization and the registration of a trade union, federation of trade unions or employers' organization under either of those Acts shall be void.
69. Matters not affected by Act
Nothing in this Act shall-
(a) affect any agreement-
(i) between partners as to their own business;
(ii) between an employer and those employed by him as to their employment by him; or
(iii) in consideration of the sum of the goodwill of a business or of instruction in a profession, trade or handicraft; or
(b) preclude any registered trade union, federation of trade unions or employers' organization from providing benefits for its members or any registered federation of trade unions from providing benefits for members of a trade union belonging to the federation.
SCHEDULE
[repealed]
