A prosecution for an offence under this Act shall not be instituted except by or with the written consent of the Director of Public Prosecutions:

            Provided that a person may be arrested for and charged with such an offence and remanded in custody or on bail notwithstanding that the consent of the Director of Public Prosecutions to the institution of a prosecution for the offence has not been obtained, but no further proceedings shall be taken until that consent has been obtained.

49.     Amendment of Schedule

            The Minister may, by order published in the Gazette, amend the Schedules.

50.     Regulations

            The Minister may, by statutory instrument, make regulations for any matter required to be prescribed under this Act and 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)     regulate the conduct of secret ballots;

     (b)     prescribe the remuneration and allowances payable to persons, other than public officers, appointed by him under this Act; and

     (c)     prescribe the form in which statistics on the mediation, arbitration and adjudication of trade disputes shall be kept under section 52.

51.     Codes and guidelines

            (1) The Minister may, after consultation with the Board, publish Codes of Good Practice, policies, guidelines and model procedures and agreements to guide employers, employees and their respective organisations.

            (2) In making any decision under this Act, a mediator, arbitrator or the Industrial Court shall take any code, policy, guideline or model agreement into account.

52.     Statistics and reports on dispute prevention and resolution

            (1) The Commissioner shall keep prescribed statistics on the mediation, arbitration and adjudication of disputes.

            (2) The Commissioner shall prepare an annual written report for submission to the Board on the state of dispute prevention and resolution.

            (3) The Commissioner shall provide further information on the prevention and resolution of disputes at the request of the Board.

53.     Delegation of functions

            The Commissioner may delegate any of the Commissioner's functions under this Act to labour officers.

54.     Repeal of Cap. 48:02

            The Trade Disputes Act (hereinafter referred to as "the repealed Act"), is hereby repealed.

55.     Savings and transitional

            (1) All subsidiary legislation made under the repealed Act and in force immediately prior to the coming into operation of this Act shall, in so far as it is not inconsistent with the provisions of this Act, continue in force as if made under this Act.

            (2) The repeal of the Trade Disputes Act shall not be construed as invalidating any process to resolve a trade dispute begun or undertaken under or in accordance with the provisions of the said Act.

            (3) Notwithstanding the repeal of the Trade Disputes Act, proceedings commenced under the repealed Act shall be dealt with, inquired into and determined in accordance with that Act.

            (4) Any penalty in respect of an offence under the repealed Act shall be imposed as if this Act had not come into operation, but where, under this Act, the penalty in respect of the offence is reduced or mitigated in relation to the penalty or punishment that would have been applicable before the coming into operation of this Act, the provisions of this Act relating to penalties shall apply.

SCHEDULE 1

(ss 2 and 49)

ESSENTIAL SERVICES

Air traffic control services;

Botswana Vaccine Laboratory;

Electricity services;

Fire services;

Bank of Botswana;

Health services;

Operational and maintenance services of the Railways;

Sewerage services;

Transport and telecommunications services;

Water services;

Veterinary services;

Teaching services;

Diamond sorting, cutting and selling services; and

all support services in connection therewith.

SCHEDULE 2

OATH OF INDUSTRIAL COURT JUDGE

(s 16A(1))

I ....................................................................., do swear that I will well and truly serve the Republic of Botswana in the office of Industrial Court Judge and that I will do justice in accordance with the Constitution of Botswana as by law established and in accordance with the laws and usage of Botswana without fear or favour, affection or ill-will.

So Help Me God