Non-compliance threatens BAA's existence
Calistus Kolantsho | Tuesday November 18, 2025 09:53
Chairperson of the Constitution Taskforce, Legojane Kebaitse, revealed that most clubs have not re-registered although societies are expected to re-register under the new Incorporated Societies Act 2022.
He said if they fail to re-register by April 2026 deadline, they cease to exist, which will affect BAA.
Kebaitse added compliance will continue to get tougher moving forward and existence of BAA is under threat because of compliance issues.
“It has been realised that things are done through societies because there is lapse of regulations,” he said during a presentation at the SGM.
“Compliance is more than paying P200 and submitting returns, it is more than that. The BAA must assist affiliates to deal with these challenges because there is no BAA without affiliates.”
Kebaitse told the gathering that the Registrar approved the constitution in December 2024.
He explained that the AGM that was held in May decided to give the constitution review committee the mandate to re-look at the amendments.
The committee was then expected to report back to the general meeting with guidance on the way forward.
He noted that the draft constitution was never shared with the affiliates to peruse, appreciate and give suggestions to post initial comment from Registrar and World Athletics as per the constitution amendments process.
Kebaitse said there was a major omission with affiliates which caused the mistrust between the board and affiliates.
During the May AGM, the Chairperson of the Constitution Taskforce had said some affiliates raised objection to the new Registrar approved constitution, which led to adjournment.
“It has been difficult for the task force to meet until October, we were also not given minutes.
“What we discovered was that BAA submitted draft constitution to World Athletics, Botswana National Sport Commission (BNSC), National Olympic Committee (BNOC) and Registrar of Societies,” he said.
“The only response came from World Athletics and Registrar of Societies. But we have not seen the document from the Registrar.”
Kebaitse added the constitution is complemented by the secondary statutes such as the Rules and Regulations, Governance, Safeguarding policy and Code of Conduct.
He said the terms of reference to develop further statutes for BAA must be clearly defined.
Meanwhile, Amogelang Masugae of Maun BDF athletics club wanted to understand what the constitution was stipulating with regards to the absence of BAA president.
He said it was also not clear on the procedure of a president being involved in politics. The comment followed a decision by BAA president, Moses Bantsi, to become Botswana National Front (BNF) chairman.
The SGM adopted the constitution and it was agreed that there should be a timeframe for the secondary statutes to be added to the document.
In his reaction, Legojane explained that there are some gaps in the constitution such as involvement in politics that can be addressed by statutes.
BAA legal advisor, Tiroyaone Sedimo, told the meeting they attempted to use the old constitution against Bantsi when he showed interest in BNF campaign.
He said unfortunately he Bantsi was found not be in the wrong.
“The gap we have right now is that there are statutes that run parallel with the previous constitution,” Sedimo said.
“Now we need either to import, augment or come up with the new once to run along with the amended constitution.”