University of Botswana Law Journal - PULP

178 UNIVERSITY OF BOTSWANA LAW JOURNAL DECEMBER 2010
complaint that the allottee breached the conditions of the allocation, s/he is
entitled to remedy the breach failing which the allocation could be revoked. In
the event of revocation the allottee is entitled to challenge it by way of review
proceedings. Allocations relating to land in the urban areas follows almost the
same procedure except that in the event that the allocating authority has to deal
with commercial and industrial grants it must include a representative from the
ministry of trade and industry (Section 25). If land is available for title the
minister is obliged to publicise this fact in the gazette and the commissioner of
lands must publicise this fact in at least one of the newspapers circulating in the
country and invite applications for grant of title (Sections 26 and 27). A person
affected by the notice is entitled to object to the grant of title by challenging
such notice before a district land court within one month from the date of
publication (Section 28). Titles in the urban areas are held through a leasehold
system (Section 30). A lease can only be terminated if the lessee is in breach of
its terms and has failed to comply with a notice from the commissioner calling
upon her/him to remedy the breach within a reasonable specified period of time
(Section 37). Upon the expiry of the period of the lease the lessee is entitled to
the first option for a new lease over the land (Section 38). A lessee may
extinguish his/her rights to land by surrendering the lease or through
abandonment of land (Sections 39 and 43).
The Act authorises the government to expropriate land for public
purposes or in the public interest. The minister is entitled to set aside and
declare in a gazette land required for public purposes after consultation with
the allocating authority (Section 48). The Act sets out circumstances that are
considered to be in the public interest or for which land may be acquired for
public purposes (Section 50 and 51). The state is obliged to compensate title
holders if their land is expropriated and the Act sets out the scheme of
principles which the state must uphold in expropriating land (Sections 52 to
60).
Finally, the Act provides for the scheme of regularisation. The
commissioner of lands after consultation with the chief and residents of the
area selected for regularisation must prepare a scheme of regularisation in
accordance with the regulations and in conjunction with an allocating
authority in whose jurisdiction the proposed scheme is to take place (Section
61). Upon approval of the scheme the minister declares the area to which it
applies in a gazette and thereafter the commissioner assumes responsibility for
implementing the scheme (Sections 61, 62 and 63).
1.2 EDUCATION ACT NO. 20 OF 2010
The main purpose of this Act is to make provision for free and compulsory
primary education (Section 3). Parents are obliged to enrol children aged six up