Ministry of Lands and Water Affairs

Department of Lands

The Department of Lands is the focal point for Land Governance, Government Immovable Asset / Estate Management and Conveyancing matters. Its specific mandate includes advice to Government Departments and stakeholders on policy and operational issues on the following:

• Planning, Acquisition, Operation & Maintenance, and Disposal of government immovable property, including land;
• Initiation, Development and Monitoring of implementation of land related policy and legislation;
• Facilitation and coordination of land related and property development programmes and projects;
• Overseeing the administration of state land and tribal land;
• Management of government estate / immovable assets, including state land;
• Advising government in land dispute resolution and general land management and administration.

Department of  Town and  Country Planning

​The Department of Town and Country Planning (DTCP) is mandated with the responsibility to facilitate orderly and sustainable spatial development of land in Botswana. The activities of the Department are guided by the Town and Country Planning Act (TCPA) 2013 which makes provision;

• For the orderly and progressive development of land in both urban and rural areas
• to preserve and improve the amenities thereof
• for the regulation of physical planners
• and for matters incidental thereof or connected therewith

Other legal instruments which derive their legitimacy from the TCPA, include the General Development Order of 2014, the Urban Development Standards of 1995, the Development Control Code (DCC) of 2013 and the National Spatial Plan.

In addition to the functions prescribed by the Act, the Department also:

Formulate National Physical Planning Policies, as well as facilitates and manages orderly and sustainable spatial development of human settlements in Botswana. Advises Ministries, Local Authorities, Government Departments, Private Sector, NGOs on Town & Country planning matters and determines optimal use of land. Furthermore, the department advise the Ministry of Land, Water and Sanitation on town and country planning matters.

Department of Survey and Mapping

The department is the main national surveying and mapping organization of the country and its mandate is to provide basic geospatial information and services for socio-economic development.

The department is responsible for:

• The collection, management and disseminate geospatial information using surveying and mapping technologies such as Remote Sensing, Global Navigation Satellite System (GNSS), Geo-spatial Information Systems (GIS) and aerial photography and satellite imagery.
• Provides professional services and advice to Government institutions, Parastatals and private sector on all matters related to the above technologies and efficient use of geo-spatial data.
• National Mapping Programme to facilitate mapping at various scales across the country such as village mapping, delineation of electoral boundaries, Tourism, Facilities Mapping (Schools, health, Wildlife Management Areas,) etc.
• Delimitation, demarcation and surveying of national and international boundaries
• Execution of cadastral survey countrywide and Provision of Control through geodetic surveys
• Regulates Cadastral surveying, topographic surveying and mapping in Botswana through statutory examination and approval of cadastral surveys to facilitate registration of title as per the Land Survey Act and Regulations (CAP. 33:01)

Department of Water and Sanitation

The Department is responsible for Water resource management and planning. The mandate of the department seeks to ensure that the limited water resources are protected, managed conserved and used sustainability for the benefit of all life forms and the economy, in an integrated manner.

The main functions of the Department are;

• Water resource management
• Water resource planning
• Water resource protection and monitoring

Hydro-Informatics

• Integrated Water Resources Data Management
• Instrumentation and Telemetry (procurement & maintenance)

Water Resources Planning & Modelling

• Ground and Surface Water Resources Identification
• Flood Forecasting and Early Warning
• International Water protocols and agreements
• Water Resources Modelling

Water Resource Management

• Water Accounting
• Water Resources Protection
• Waste Water Management
• Water Conservation and Demand Management
• Water Resource Monitoring & Evaluation

 Sanitation Resource Management

• Coordination & monitoring of sanitation performance
• Resource recovery
• Bio solids management
• On-site sanitation management
• Risk management of reuse

Laboratory Services

• Laboratory Services

Water Apportionment Board

• To grant, deny, vary and withdraw/ cancel water rights
• National Water Accounting and Apportionment of the countries water resources
• Regulate  and coordinate  all activities relating to and affecting abstractions, use and quality of the resource
• Monitor adherence, compliance to water rights
• Water rights enforcements.
• To impose adequate controls for  ensuring safe disposal of sewage effluent into public streams and prevention of pollution to the viable water resources and the entire environment
• Regulate wastewater discharges to surface water (rivers, dams, etc.) and to groundwater (via land)
• To ensure proper coordination of all activities which may influence the quality, quantity, distribution, use, management and administration of water resources
• To ensure compliance with any relevant international agreement regulating the use of water

Land Tribunal

​The Land Tribunal is a specialized court created in terms of the Land Tribunal Act No.4 of 2014. It is empowered to:

• hear and determine appeals arising from decisions of Land Boards in terms of Sections 14  and 40 of the Tribal Land Act (Cap: 32:02).
• The Land Tribunal mandate was expanded in 2013 to include jurisdiction to hear and determine planning appeals from decisions of Physical Planning Committees of District Councils in terms of Sections 27, 32 and 33 of the Town and Country Planning Act. (Cap 32:09);
•  Adjudicate over applications for enforcement by public bodies in terms of Section 7(3) of the Land Tribunal Act.  

Special Characteristics

As a Court of Law and Equity, the Land Tribunal is free to regulate its own procedure, and presents the following attributes:

• Speed
• Cheapness
• Flexibility (No rigidness)
• Less Technical
• Accessible
• Simplicity

Matters That The Land Tribunal Is Not Empowered To Determine

Land Tribunal has limited jurisdiction on land matters it can handle. It therefore cannot hear and determine the following disputes;

• Issues of amount of compensation
• Inheritance issues
• Enforcement of transfer /Sale contracts
• Matters already concluded by other courts of competent jurisdiction e.g. Magistrate Court, Customary court, High Court and Court of Appeal.
• Issues concerning Public Bodies delays to make a decision on an application for land Rights or Planning Permission.
• Any other matter which by any applicable law falls outside the jurisdiction of the Land Tribunal.
• Disputes involving State and Free Hold Land (except for planning issues)

Determination

• The Land Tribunal conducts hearings in a customer friendly atmosphere, both in Setswana and English
• Interpretation to either language is provided.
• After hearing a written judgment is delivered.
•  The Land Tribunal’s decisions are appealable to the High court within 8 weeks from the date of judgment delivery.

Deeds Registry

The Deeds Registry is established by the Deeds Registry Act (Cap. 33:02). It is headed by the Registrar of Deeds. The Deeds Registry’s main function is to register and preserve;

Title deeds to pieces of land owned by the state, individuals and other entities capable of owning land or real rights in land

Other various legal documents, including among others, the following;

• Registration and cancellations of mortgage bonds.
• Registration of leases (including tribal Leases), sub-leases and cessions of rights    in such leases.
• Registration of ante-nuptial contracts as well as those signed under the Married Persons Property Act, deeds of donations and such other notarial documents as may be prescribed by the Deeds Registry Act.
• Registration of General Plans of surveyed and demarcated land.
• Registration of Certificates of Rights to Minerals and such notarial contracts relating to prospecting of minerals.
• Registration of Powers of Attorney whereby agents named therein are authorized to act generally or specifically for their principals.

Project Management Office

Project Management Office was formed by combining of the Department of Technical Services (DTS) which came as a result of Presidential Directive CAB Memo 39/2002 in 2007 and exist to provide land servicing infrastructure within urban and major centers, together the Project Implementation Unit (PIU) from the former Ministry of Minerals, Energy and Water Energy Resources (MMEWR) formed specifically to implement development project for the Ministry.

This infrastructure is in the form of:

• Dams and Major Pipelines, treatment plants, pump/lift stations
• Water and Sanitation infrastructure
• Land Servicing in the form of roads and storm water drainage, sewerage and water reticulation, power reticulation, and telecommunication ducts

The overall mandate covers:

Project infrastructure & Reporting

• Responsible for design of PM methodology and tools and improve effectiveness.
• Advises project steering committee on project prioritisation and resource allocation.
• Track and consolidate info on projects and reports to steering committee & advice on future actions.
• Maintain and update project data bank

Project Implementation

• Prepares PM and administer procurement
• Create activity schedules, resource plans , budgets, project controls and QA plans
• Attends project reviews and conduct site visits
• Conducts post implementation reviews

Contract Administration

• Designs contracts and participates on contract negotiations
• Advise project teams and management on contractual issues
• Effect changes in the contract that may arise
• Maintains proper contract documentation and records

Planning and Project Finance

• Coordinates budget submissions to MFED.
• Monitors whether public monies are being used as intended and are producing the intended economic benefit.
• Advises MFED on impact of expenditure.
• Analyses progress and implementation of sectoral plans and report to MFED.

Department of Corporate Services

• Corporate Services is responsible for providing leadership, support and management of Ministry of Land Management Water and Sanitation Services.
• It serves as the ministry’s focal point for national policy and operational matters relating to human resources management and development, financial management, general administration, information technology, public relations and technical support.

Land Boards

Land Boards derive their mandate from the Tribal Land Act and are responsible for management of Tribal land. There are 12 Land Boards across the country, with 41 subordinate Land Boards.

The Land Boards are comprised of Land Board Members who deal with land allocation/management matters and public employees who manage administrative functions.

The main functions of Land Boards are:- 

• Granting of rights to use land- allocation of land for residential, commercial, agricultural, civic and community use; 
• Cancellation of the grant of any right to use any land;
• Authorising transfers of land rights; 
• Hearing of appeals from any subordinate land authority; and 
• Regulating the use of land

The 12 main land boards and their territories are :