This Part shall apply, in addition to and not in derogation from Parts III and IV, to the recruitment of persons for employment either within or outside Botswana:

            Provided that this Part shall not apply to recruitment for employment within Botswana unless such recruitment is undertaken by a person or association engaged in professional recruitment.

54.     Prohibition of recruitment except under licence

            (1) No person shall be engaged in recruitment unless he is the holder of a valid recruiter's licence issued to him under this Part.

            (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to the penalties prescribed by section 151(d).

55.     Issue of recruiter's licence

            (1) Every application for a recruiter's licence shall be made to the Commissioner in the prescribed manner and every such licence shall be issued in the prescribed form and contain the prescribed particulars.

            (2) Subject to the other provisions of this section, every recruiter's licence shall be valid, unless previously cancelled or suspended, during such period not exceeding 12 months as shall be specified therein and there shall be paid for the licence such fee or fees as may be prescribed.

            (3) A recruiter's licence shall be issued at the discretion of the Commissioner; but before issuing such a licence the Commissioner shall-

     (a)     take into account the possible effects of the withdrawal of adult males to be recruited on the health, welfare (both physical and moral) and development of the local population concerned;

     (b)     satisfy himself that adequate provision has been made for safeguarding the health and welfare of the persons to be recruited; and

     (c)     satisfy himself that the applicant is a fit and proper person to hold a recruiter's licence and is in a position to fulfil his obligations thereunder.

            (4) Every recruiter's licence shall be subject to such conditions as the Commissioner may, subject to any general or special directions he may be given by the Minister, think fit to specify therein and, without prejudice to the generality of the foregoing, the Commissioner may, for the purpose of safeguarding the population of any area likely to be adversely affected by the withdrawal of adult males therefrom following their recruitment under the licence or for any other good and sufficient reason, specify in the licence conditions as to any of the following matters-

     (a)     the restriction of the number of adult males which may be recruited under the licence in any area;

     (b)     the closing of any area to recruitment under the licence; or

     (c)     the employment of persons recruited under the licence in a particular area within a specified area only.

            (5) The holder of a recruiter's licence who fails to comply with any condition specified therein by the Commissioner shall be guilty of an offence and liable to the penalties prescribed by section 151(d).

            (6) Any applicant for a recruiter's licence who is aggrieved by any decision of the Commissioner to refuse to issue the licence or to specify any condition therein may appeal against that decision to the Minister.

            (7) Every appeal under this section shall be in writing and shall be delivered to the Minister not later than 30 days immediately after the day on which the decision complained of was communicated to the applicant.

            (8) The Minister shall consider every appeal made to him under this section and shall-

     (a)     in the case of an appeal against a decision to refuse to issue a licence, either dismiss the appeal or allow the appeal, in which last case the Commissioner shall forthwith issue a recruiter's licence to the applicant; or

     (b)     in the case of an appeal against a decision to specify any condition in the licence, either dismiss the appeal or allow the appeal, either wholly or in part, and rescind the condition or vary its terms accordingly, in which last case the condition as so varied shall be deemed, for the purposes of this section, to have been specified in the licence by the Commissioner.

56.     Prohibition of assisting recruitment without permit

            (1) No person shall assist a recruiter in recruitment and no recruiter shall employ any person to assist him in recruitment unless that person is the holder of a valid recruitment permit to do so issued to him under this Part.

            (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to the penalties prescribed by section 151(b).

            (3) Every application for a recruitment permit shall be made to the Commissioner in the prescribed manner and every such permit shall be issued in the prescribed form and contain the prescribed particulars.

            (4) Subject to the other provisions of this section, every recruitment permit shall be valid, unless previously cancelled or suspended, during such period not exceeding 12 months as shall be specified therein and there shall be paid for the permit such fee or fees as may be prescribed.

            (5) A recruitment permit shall be issued at the discretion of the Commissioner and shall be subject to such conditions as the Commissioner may think fit to specify therein; but before issuing such a permit the Commissioner shall satisfy himself that the applicant is a fit and proper person to hold a recruitment permit and is in a position to fulfil his obligations thereunder.

            (6) The holder of a recruitment permit who fails to comply with any condition specified therein by the Commissioner shall be guilty of an offence and liable to the penalties prescribed by section 151(d).

            (7) Subject to any general or special directions he may be given by the Minister and without prejudice to the generality of subsection (5), the Commissioner may specify as a condition of a recruitment permit that the holder thereof shall not receive from the recruiter for his services remuneration calculated at a rate per head of employees recruited; where the Commissioner permits such remuneration, he shall specify in the permit a condition that such remuneration shall not exceed such amount per head as shall be specified.

            (8) Every recruiter shall, on being required to do so by a labour officer, tender his recruiter's licence to the labour officer for entry therein of the name of every person in his employment who is the holder of a valid recruitment permit issued to him under this Part.

            (9) Any applicant for a recruitment permit who is aggrieved by any decision of the Commissioner to refuse to issue the permit or to specify any condition therein may appeal against that decision to the Minister.

            (10) Every appeal under this section shall be in writing and shall be delivered to the Minister not later than 30 days immediately after the day on which the decision complained of was communicated to the applicant.

            (11) The Minister shall consider every appeal made to him under this section and shall-

     (a)     in the case of an appeal against a decision to refuse to issue a permit, either dismiss the appeal or allow the appeal, in which last case the Commissioner shall forthwith issue a recruitment permit to the applicant; or

     (b)     in the case of an appeal against a decision to specify any condition in the permit, either dismiss the appeal or allow the appeal, either wholly or in part, and rescind the decision or vary its terms accordingly, in which last case the condition as so varied shall be deemed, for the purposes of this section, to have been specified in the permit by the Commissioner.

57.     Power of Commissioner to take security from applicants

            Before issuing a recruiter's licence or a recruitment permit, the Commissioner may require the applicant to execute a bond in the prescribed form for such amount as the Commissioner may consider reasonable for the due observance and fulfilment of any condition which may be specified in the licence or permit and for the due observance of this Act.

58.     Power of Commissioner to cancel or suspend licences and permits

            (1) The Commissioner may-

     (a)     cancel any recruiter's licence or recruitment permit if, in the opinion of the Commissioner, the holder thereof has committed an offence under this Act or is guilty of other misconduct rendering him unfit to engage in recruitment; or

     (b)     suspend any recruiter's licence or recruitment permit pending the result of any enquiry by the Commissioner into the fitness of the holder thereof to continue to hold the licence or permit.

            (2) Any person aggrieved by any decision of the Commissioner to cancel or suspend a recruiter's licence or recruitment permit may appeal against that decision to the Minister.

            (3) Every appeal under this section shall be in writing and shall be delivered to the Minister not later than 30 days immediately after the day on which the decision complained of was communicated to the appellant.

            (4) The Minister shall consider every appeal made to him under this section and may either dismiss the appeal or allow the appeal, in which last case the Minister shall set aside the cancellation or suspension, as the case may be.

59.     Renewal of licence or permit

            A recruiter's licence or recruitment permit may be renewed by the Commissioner and the material provisions of sections 55, 56 and 57 shall apply, with all necessary modifications, in respect of every such renewal and application therefor.

60.     Liability of recruiter for offences committed by his employees

            (1) Where any employee of a recruiter commits an offence under this Act, the recruiter shall be deemed, for the purposes of this Act, also to have committed that offence unless he proves that the offence was committed without his knowledge or consent.

            (2) Where a recruiter is deemed by virtue of subsection (1) to have committed an offence under this Act, he may be prosecuted for the offence either alone or jointly with the employee who in fact committed the offence.

61.     Prohibition of recruitment of children, etc.

            (1) No person shall recruit any child or young person.

            (2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to the penalties prescribed by section 151(d).

62.     Families of recruited persons

            (1) No member of the family of a recruited person shall be treated as if he has himself been recruited solely by reason of the recruitment of that other person.

            (2) Where the wife or child of a recruited person has been authorized by the employer to accompany or follow the recruited person to and to remain with him at the place of employment, the wife or child shall not be separated from the recruited person except with that person's express consent.

            (3) The authorization by the employer of the wife or child of a recruited person to accompany or follow him to the place of employment shall be deemed, for the purposes of this section, to be an authorization to remain with him at the place of employment for the full duration of his term of employment:

            Provided that this subsection shall not apply where the recruited person has entered into an agreement to the contrary before his departure from the place of recruitment.

            (4) Any person who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(c).

63.     Prohibition of recruitment by public officers

            (1) No public officer shall-

     (a)     recruit, either directly or indirectly, for a private undertaking except where the recruited employees are to be employed on works of public utility for the execution of which a private undertaking is acting as contractor for a public authority;

     (b)     exercise pressure on persons to engage or not to engage for employment; or

     (c)     receive from any source whatsoever any remuneration or other special inducement for assistance in recruitment.

            (2) No person shall give or offer to give any money or other consideration whatsoever to a public officer for the purpose of obtaining a supply of labour.

            (3) Any person who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(d).

64.     Transport of recruited persons and their families to place of engagement

            (1) Every recruiter shall at his own expense provide the persons recruited by him with reasonable means of transport to the place of engagement.

            (2) Subsection (1) shall apply to the members of the family of the recruited person who have been authorized to accompany or follow him to the place of engagement.

            (3) Any recruiter who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(d).

65.     Transport of recruited persons and their families in special circumstances

            (1) Where any recruited person-

     (a)     becomes incapacitated through sickness or accident during the journey to the place of employment;

     (b)     is not engaged after recruitment for any reason for which he is not responsible;

     (c)     on arrival at the place of employment is not employed for any reason for which he is not responsible or is found on medical examination to be physically unfit to perform the work contemplated by his contract of employment; or

     (d)     after arrival at the place of employment is found after due enquiry by a labour officer to have been recruited by misrepresentation or mistake,

the employer shall at his own expense provide that person and his family with reasonable means of transport to the place of recruitment.

            (2) Where any recruited person dies during the journey to the place of employment or during the period of his employment, the employer shall at his own expense provide the family of that person with reasonable means of transport to the place of recruitment and pay the reasonable expenses of a decent burial.

            (3) Any employer who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(d).

66.     Transport of recruited persons and their families to place of employment

            (1) In addition to his obligations under section 64, every recruiter shall at his own expense provide the person recruited by him with reasonable means of transport to the place of employment.

            (2) Subsection (1) shall apply to the members of the family of the recruited person who have been authorized to accompany or follow that person to the place of employment.

            (3) Any recruiter who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(d).

67.     Supply of necessaries during journey to place of engagement or employment

            (1) Every recruiter who is required under this Act to provide transport for recruited persons or their families during a journey to the place of engagement or the place of employment shall provide them with everything necessary for their welfare during the journey at the recruiter's expense and, without prejudice to the generality of the foregoing, shall-

     (a)     where it is necessary to break the journey for the night, supply them, except in the case of an unforeseeable stoppage, with suitable housing and sanitary accommodation;

     (b)     obtain for them, when required, such medical attention as is reasonably procurable; and

     (c)     where the Commissioner so requires, cause them to be accompanied by an authorized employee of the recruiter or the employer, as the case may be.

            (2) Any recruiter who contravenes this section shall be guilty of an offence and liable to the penalties prescribed by section 151(c).

68.     Regulations in connection with employment

            Regulations may be made under this Act for any of the following purposes-

     (a)     prescribing measures to be taken for the following purposes in any area within which a scheme of economic development which is likely to involve recruitment is to be applied-

           (i)       to avoid the risk of pressure being brought to bear on the inhabitants of the area by or on behalf of any employer in order to obtain the labour required;

          (ii)       to ensure that, as far as possible, the political and social organization of such inhabitants and their powers of adjustment to the changed economic conditions will not be endangered by the demand for labour; and

          (iii)       to deal with any other possible untoward effects of such development on such inhabitants;

     (b)     prescribing the records to be kept and the returns to be rendered by employers and recruiters in connection with recruitment;

     (c)     prescribing the housing accommodation and the transport, feeding, medical and other arrangements to be made available where recruited persons and their families are carried to and from the place of employment;

     (d)     requiring recruited persons to be medically examined;

     (e)     prescribing measures to be taken for the acclimatization of recruited persons and the protection from and immunization against disease of recruited persons and their families travelling with them;

     (f)      regulating recruitment for service outside Botswana and the travel arrangements from Botswana of persons so recruited;

     (g)     providing for the repatriation of recruited persons who become unfit or whose services are not required and of their families;

     (h)     prohibiting the employment of recruited persons in any prescribed industry, business or undertaking;

     (i)      restricting the amounts which may be paid to recruited persons in respect of advances of wages and regulating the conditions under which such advances may be made;

     (j)      providing for the regulation of vehicle loading and for the proper cleanliness and disinfestation of vehicles.