State Land (Procedure for Enforcement of Payment of Levies and Loans) Regulations, 1982 (S.I. No. 137 of 1982)

Supplt-mt-nc C- Bocswifna G<»'t'1"11mNt1 Gazt"ur da1t'd 10th Dttrmbtt, 1982. Statutory ftutrummt No. JJ7 of 1982 STATE LAND ACT (Cap. 32:01) STATE LAND (PROCEDURE FOR ENFORCEMENT Of PAYM!.NT or LEVIES AND LOANS) REGULATIONS, 1982 (Published on 10th Decmiber, 1982/ ARRANGEMENT OF REGULATIONS REGULATIONS l. Citation 2. Interpretation .!J. Consequences of default jn payment o( service levy or loan repaymenl instalment 4. Issue o( notice o( demimd and calling in of loans 5. Service ol notice ol demand 6, Name o{ ddaultingoccupierandamoun1 owed to be published in Gazette 7. Enforcement of payment of .service levy, loan repayment instal­ ment by sale o( defaulting occupier's movable property 8. R.eposstssion o( plot o( State land where occupirrr in default in payment ol servicr levy, loan or loan repayment instalmeni 9. Procedure where plot of State land repossessed following court order 10. Evidence of service levy, loan or loan repayment instalment owing JJ. RevocationofS.J.ll2ofl980 IN EXERCISE of the powers con(ened on the Minister o( Local Government and Lands by section 40 o{ the State Land Act, the following Regulations are hereby made 1. These Regulations may be cited as the State Land (Procedure for Enforcement o( Payment o( Levies and Loans) R.egulations, 1982. 2. In these Regulations, unless the context otherwise requires, "authorized person", in relation 10 an occupjer, muns the person authorized under section 4 o( the Act to make and execute on behalf of thr President grants or other dispositions of Srate Jand or of any interest the~in by whom 1hr occupier wa, iHued with his Certificate o( R.ights in respect o( the ploto( State land in question; "loan" means a loan granted under section 4C of the A.ct: ''occupier" means the hoJdero( a Certificate of Rights issued 10 him b)' an authorized person whereby a grant or other disJ>Osition o( a plot of State land or of an interest therein was made and executed on behalf o( the Prnidrm by the authorized person under stttjon 4 of theAc-t; "service levy" means a levy imposed under section 4A of 1hr Act. 5. Notwithstanding the terms in which a service levy was imposed or the re-rmsand conditions on which a loan was granted, where the levy or any instalment towards repayment of the loan remains wholly or partially unpaid at the eJ(piry o( the ~iod of 2 months immediately following the day on which the- levy or instalment became due and Citation lnterpttUHWfl: c.oru,qurna,, of delault in pa:ymml ol &erl'i«~)' or loan J'C'p,it)'lllt'Dl ins1almtnl C.506 luuror uocin-ol drm,md;md n•llingin of Joan &r11i«-of 1ID1i« o( drm.and payab1e. interest shall accrue on 1he amoun1 of the )evy or inHalment for the time beingou1standingat the ra1e of 5 ~rcent a mon1h from the day o( expiry of that 2 months' period until such time as the whole amount of the levy or instalmem is paid. 4. (I) Subject to subregulation (2), where an occupier £ails, either wholly or in part, to pay a service levy or any instalment towards repaymen1 of a loan after the expiry of the period of 2 months immediately fo1lowing the day on which the levy or instalment became due and payable, the authorized person shall issue a written notice of demand addressed to the occupier requiring him 10 pa'/ the whole amount outstanding of the levy or inuahnent, which amount shall be specified in the notice, together with the interest .tccruing thereon, within 14 days immediately following the day on which service of the notice is effected in accordance with regulation 5. (2) Notwithstanding the terms and conditions on which a loan was granted, (a) where an occupier fails, either wholly or in pan, to pay any instalment towards repaymen1 of the !pan after the expiry o( the period o( 2 months immediately following 1he day on which the instalment became due and payable, the authorized person may caJJ in the whole amount outstanding o( the loan and shall, for this purpose, issue a wrinen notice of demand addressed to the occupier requiring him to pay the whole amount outstanding of the loan, which amount shall be specified in the notice, together with 1he interest accruing thereon, within 14 days immediately followiog the day on which service or the notice is effected; and ( b) where the whole amount outstanding of 1he loan is caJ1ed in under this subregulation, interest shall thereupon cease to accrue on 1he amount of the loan for the time being outstanding: Provided that interest shall continue 10 accrue on so much of the amount o( the loan outstanding as represents the amount outstanding o( the instalment or part theuof, in consequence of the Cailure 10 pay which the notice of demand is issued, at the rate o( 5 per cent a month in accordance with regulation 5. 5. (I) Service of n01ice issued in termsof regulation4 shall be effected by (a) personal service of the notice upon the occupier; (b) posting the notice to the occupier•, postal address or last known postal address; (c) leaving the notice for the occupier with his duly authoriud agent; (d) leaving the notice for 1he occupier with any person apparently having for the time being immediate control and management of the plot of State land in question; or (e) leaving the notice for the occupier at his usual or last known place of abode or business with a person apparently over the age o( l6 years and apparently residing or employed at that place. (2) Notwithstanding subregulation (I), where service by none of the means thereby prescribed is reasonably practicable, service of a notice issued in terms of regul1ion 4 may be effected by exhibiting the notice on the public notitt board o( the local authority within whose area the plo1 of Stale land in question is situated; and service by this means shall be dttmed lo be eUected on the day the notice is £int so exhibiled if it is therealtet so exhibited (or at least l4 <:onvcuti"'le days. 6. Where ,n occupier fails to pay th~ fuU a111oum specified jn a notice addressed 10 him, issued in terms of regulation 4 and duly served in terms of regulation 5, togethet with the interest accruing thereon, ahe1 the expiry of the period of 14 days immediately foUowingtheday oa which st"rvice of the notice was efCected, the authorized person shall cause to be J)ublished in the Gazette, and in a newspaper circulating in the area in which the plot of State land in question is situated, the name ol the Occupier and the amount of the service levy, loan or loan ~ymem instalment owned by and due from him. 7. (l) Theau1horized person shall, as soon as is reasonably practicabJe afcer publka1ion of the name of the occupier in accordance with regulation 6. 9-pply in wrlling to the court o( a Magistrate Grade J or over for an order to sell any movable property of the occupier in satisCaccion of his default in payment or repaymem of the service levy, loan or loan repayment ins\alment and o{ l~ interest acuuing in re-spt-cl ther('()/. (2) The magistrate's court to which an application is made in accordance with subregulation (1) may, a{ter the expiry of the period of \4. days immediate\y fo\lcYWing the day on which the application was received by it and on being satisfied that regularions 4, 5 and 6 have bttn duly complied with, make the order £or which application is made whereupon a warrant shall be issued out of the court to giveeHect to the order. (3) Norwithstanding subrt-gulation (2), where, before the expiry o( the 11 days' period thereby prescribed, payment is made into thP. magistrate's court by or on behalf or the occupier of part of the amoum owed by and due from Jljm, 1he court ma>" direcl that J 4 day's pt!riod shall, from the day on which the paymt-nt is eUected, cease for the time being to run: Provided that the court ihall not SQ direct unless. ,he pa,imem into court amounts to not less than 25 per ctnt of the amount then owed by and due (rom the occupier and o( the aruount o( any court fees incurred up to thf' date o( the p.1yment by the authorized person in using the procedure ptncribed by this regulation. (i) Where the magistrate's court gives a direction under subregulation (!S), it shall m.lke a payment order requiring the occupier 10 pay into court lhe whole a.mount outstanding of the service levy, loan or loon re-payment Instalment, as is appropriate, together with the interesc already accrued thereon and to accrue thereon during the period in which 1hr ordrr is lo be discharged and the amount of any court fees inn1rrt"d or to be incurred by the authorized person in using the pnx-edutt· prescribed by this regulation. (5) A payment ordt-r made in accordance with subregula1ion (4} shed I Rquire the occupier <o make payment into the court o( such amount in such number of equal inst.:tlmeJUs not exceeding 12 as the coll.rt shall detennillt'; the first such ins talmrnt shall be paid be(ore the expiry o( the period o{ one month immedia,ely following the initial payment into court in terms of subregula1ion (3) and each subsequ-:m instalment shall be paid before theexpil)' or each succredins period of oflr month. C.507 N.tnJt•ol ddauhinK onupit't a.l\d.<l,R\<"- l OWl-d IU bt­ publi1,bnf in Ga.irlt~ .tnlOf"rr'ffit'l'lf of p!,llfflt'nl of lit"l'\'in• k•,·r, Joao nr loan n•paymt'm im,t~lffll'll1 '11·•l~al dt-fauhing nrn.1plt'T\ mo\·abk­ pmpt'rt)' ~~ion o( plot ol Stall!' o( land wht~ ocnipil!'r in dl!'Ulull inpayfflf'nl ol ,rrvi« k-vy,\oltl "''°'" rq:,a,yffll!'fll inualmntl (6) Where any instalmem required lo be paid in compJiance with a payroem order made in accordanct with subregulation (4) remains wholly or pani.a\ly unpaid at the expiry o( the period within which the instalment is reqllirrd to be paid, lhe l4 days.' period pt6Ctibed by subregu)ation (2) 5halJ thereupon resume running and that provision shall apply accordingly. (7) A warrant issued in acc.otdance with subregulation (2) shall contain every authority and be executed in all respects as i( it were a wammf of execution again,1 properly issued oUl o( a magistrate's court and any ruleso{ court for the time being applicable" to such a warranto( execution shall apply, with air necessary ,nodifica1ions, to a wanant issued in accordance with subregulation (2}. 8. (I) Where no or insufficient movable property o! the occupier is found to satisfy a warrant issued inaccordan« with 1egulation 7 (2}, the authorized person may apply lO the court out of which the warrant issued for an order to re-enter and repossess the plot of State land in question in satisfaction or the occupier's default in payme-m or rrpaymem ol the sen ice levy, loan or Joan repayment innalmemandof the interest accruing in respttl the-reof. (2) WM~ the magistrate's court grants an application under 1ubregu­ lation { l} and makes the order for which application is made, a warrant shall thereupon be issued ou1 of the court to gi~ eUect to the 01der, (:J) A warrant issued in accordance with subregulation (2) shall au1horize and require 1he oWcer o( the court to whom it is. addreued to put the authorized person imo possession o( the- plo1 of Staie land in question by removing therefrom and out of a.H occupation and pos~ssion whatsoever thereo( the occupier and aU persons claiming 1hrough him alld removing therefrom his and their goods and posses­ sions; and any rnles of court for the time being applicable to a warrant of ejecuncnt issued ou1 of a magis.1ra1e's court shall apply, with all necc-ss.ary modifications, to a warrant issued in accordance with subregulation (2). (4} Where the magistrate's court makes an order in 1erms ol ,his regulation, the authorized person shall issue a wriuen notice addressed 10 the occupier inlorming him of the contents of 1he order and the date­ on which it was made and requfring him and aH those who may claim through. hi.m to remove himself and themselves from the plot o( State land in question and out of all Occupation and possession whatsoever there<>! and to removr 1herelrom his and their goods and possessions within 10 days imrnediately followillg the day on which service of the notice is effected, (5) ~rviceof the notice issued in .iccordince with subregu)ation (4) shall be effected by personal service upon tl'lr occupier: Provided 1ha1. where lhc occupier cannot be found at the plol of State land in question, service of the notice may be dfected by publication of the no1ice in the Gazene; and service by this means shall be deemed to be cUected on 1he day of such publicaiion. (6) Where, at the plot of Staie land in queHion, a person other than the occupier is found apparently having for the time being immed.Uue connol and management of the plot, a cop,; o{ the not.ice issued in accordance with subregulation (4) s.hall be personally served upon that person. (7) Alter the expiry of the period of 10 days immediately following the day on which service o( the original notict issued in accordance with subregulation (4} was effected, but no earlier. the wanant l11ued i.n accordance with subregulation (2) may be executed. 9. (l) Where, by virtue of an order ,nadc by a magistrate's court in iermsol regula1ion 8, the authodU'd person re..enrcrsand ~ the plot. o( State land in question, the authorized person WU forthwith proceed 10 (a) cancel the c.er,mcate of R.ights issued to the late occupier in respect ol the plot; (6} cause the imp1ovrments, if any, ef(ected to the p}ot by the fonner occupier to be valued by a suitably qualified and independent member of the Botswana lnstitute of ~velopment Professions; and (c) tnakcandextcoteafresh, by the issoeo(a new certificate of RighU, such grant or other disposition of the plot or of any interest therein as he is authorized to make and execute on t,rhal£ 0£ the President under section 4 0£ 1he Ac1: Provided that the term, thereof shall provide Cor the n~ occupier fully to compensate the authorized person for any loss incurred or to be incurrtd, by virtue. ,0£ subrcgulation (2), in compensating the formet' occupier £or illlJ>rovements effeeted to 1he plot. . . • (2) Where the amount represtming rhe :valueo( the improvmems, if any, effected to the plot by the former occupier, as asartained in accordance with subrrgulation (1) (b), is (a) )rss than the total amount owed by the former occupier. the £onner amount shall be deducted from the total amount owed; or (b) more tha:n the total amoum owed by the former OCCLtpier, the balance of th,, former amoupt, aha deducting from that amount the total amount owed, whether, in the case of a loan, the whole amount thereof outstandi.ng has or has not been called in, shall, if j1 is reasonably practicable to do so, be paid by the authorized person to the former. OCcupier within the petiod o( Ml days immedia1ely following the day on which the authoriztd person re-entered and repos~ the plot of State land in qucation. (5) Notwithstanding ~e terms and conditions on which a loan was granted, when! the plot of State land is re-entered and repos~swd by the aulhorized person in consequellce, either wholly or in part, of a failure to pay any instahnenl or part t~~ol towards repayment of the loan and the whole amount outstanding o( the loan has not been called in by the authorized pe"°n under regulation 4 (2), the authorized prnon ma-y, at any time after re--entering and repossessing the plot, call in the whole amount outstanding o( the loan, together whh the interest accruing thereon. (4) The Minister may give to any authorizNJ pason in11ructions regarding (a) the m;1.king and executing of grants or other dispositions o( plots olStatelandorol any intere:fs therein inaa:ordancewith subrqulalion (I) (c); or (b) the making ol deductions and payments in accordance with subrcgulation (2), C.90I l',o«dun, .,..,.,,.. of Saaat Lanll ...,........, (allowing roun C.510 E,·idt-nct' ol ~•i<e lt'\1, loan or loan rl:"pll}'llll'nl ir11U1lmrm owing Rt"voca1ion nl S.1. 112 or 1980 and, where any authorized person has received such instructions, he shall comply therewith: Provided 1ha1 the powers hereby con(enrd in relation to lhe matters rderred to in paragraph (a) shall noi be exercised so as 10 prejudice any material conditions or restrictions for the time being specified by 1hr President under section 4 of the Act. 10. In any proettdings to recover 1he amount oumanding of any service 1evy, loan or loan repaymem instalme-m or o( any interest accruing thereon, the ttcords. o{ the authorized p«son relating thereto and all e-ntries made therein and every document purponing to be ctnified under the hand of the authorized person or of his servant or officer to bc:a ttueextractfromor copy o( such records.or entries sha\\ be admissible in evidence upon produc1ion without further proof 1hereof and the court shall presume that the facts stated therein are true unless the contrary is proved. 11. The State Land (Procedure for Enforcement of Payment o{ Levies and Loans) Regula1ions, 1980, are hereby revoked. MADE this Isl day of D«ember, 1982. L.M. SERETSE, Minister of Loco.I Government and Lands. l.2171127 II