Acts & Bills

22nd April 2016

The Electronic Records (Evidence) Act shall come into operation on 1st May 2016.

1st April 2016

The Electronic Communications and Transactions Act shall come into operation on 1st April 2016.

30th March 2016

The Act is intended to authorise the payment out of the Consolidated Fund and the Development Fund of sums of money for the year ending 31st March 2017.

The Minister of Finance and Development Planning may issue a warrant for the payment from the Consolidated Fund for the year ending 31st March, 2017 of the sum of BWP51, 677,753,282.00.This sum is appropriated to, and shall be applied for, the purposes of the Heads (Organisations) of Expenditure set out in the first and second columns of the Schedule, in the amounts set out in the corresponding entries in the third column of the said Schedule.

The Minister of Finance and Development Planning may issue a warrant for the payment from the Development Fund for the year ending 31st March, 2017 of the sum of BWP14,821,209,754.00.This sum is appropriated to, and shall be applied to meet the total amount of expenditure necessary for development projects during the financial year ending 31 March, 2017.

24th March 2016

The object of the Bill is to re-enact the Presidents (Pensions and Retirement Benefits) Act to amend the short and long title of the Act to include gratuity; to introduce the payment of gratuity to a person who ceases to the be President; and to review other retirement benefits to allow flexibility in choosing between an official residence and office or an allowance in lieu of the office or official residence.

24th March 2016

The Golden Horses Riding Club Race scheduled for 26th March, 2016, at Shashe Race Track, Maun, is declared a race.

18th March 2016

The schedule to the Immigration (Points of Entry) Order is amended by inserting, in its correct alphabetical order, under the heading “Border Posts”, the following new entry – “Mabolwe”.

18th March 2016

Part VI to Part XXI of the Gambling Act, shall come into operation on 1st April 2016.

4th March 2016

The object of the Bill, which is presented in accordance with the requirements of section 119 (4) of the Constitution and paragraph 10 of the Schedule to the Public Finance Management Act, is to meet expenditure incurred from the Consolidated Fund and the Development Fund, in excess of the amounts appropriated through the Appropriation (2014/2015) Act,2014.

26th February 2016

The object of the Bill, which is presented in accordance with the requirements of section 119 (4) of the Constitution and paragraph 10 of the Schedule to the Public Finance Management Act, is to meet expenditure incurred from the Consolidated Fund and the Development Fund, in excess of the amounts appropriated through the Appropriation (2014/2015) Act,2014.

19th February 2016

There have been a number of amendments of schedules. Please contact Armstrongs for further information.

12th February 2016

The object of the Bill is to amend the Societies (Amendment) Act No. 9 of 2015 by substituting the words “Non-Governmental Organisation Council” with the words, “registered society”.
The amendment will ensure that members of the Council are appointed from a wider representation of registered societies with expertise in matters related to societies.

12th February 2016

The schedule to the Commissioner’s Oaths Act is amended in part II entitled “Ministry of Finance & Development Planning”, by substituting for the entry falling under “Public Procurement & Asset Disposable Board”, a number of entries.

12th February 2016

The object of the Bill is to amend the Societies (Amendment) Act No. 9 of 2015 by substituting the words “Non-Governmental Organisation Council” with the words, “registered society”.The amendment will ensure that members of the Council are appointed from a wider representation of registered societies with expertise in matters related to societies.

5th February 2016

The proposed Bill intends to increase the offices of Minister from 16 to 18 and offices of Assistant Minister from 8 to 10.This proposed increase will enable the President to assign responsibility for the business of Government by reviewing Ministries whose portfolios are too wide with the view to reducing the mandate.

At the same time presenting an opportunity to create new Ministries which will cater for priority areas or emerging areas of responsibility.

5th February 2016

The object of the Bill is to increase the number of Specially Elected Members from 4 to 6.
The economy of Botswana continues to grow in size and therefore the increase in number of Specially Elected Members will provide a window of opportunity for the National Assembly and by extension Cabinet, to increase the number of members with the necessary expertise and skills to manage a modern and complex economy.

29th January 2016

The Act came into operation on the 1st February 2016.

8th January 2016

No person shall hunt, capture or remove in any area of Botswana any animal, or any specimen or part of animal listed in certain parts of the second Schedule of the Act.

13 November 2015

The object of the Bill is to repeal and reenact with amendments the Non-Bank Financial Institution Regulatory Authority Act (Cap 46:08). The Bill continues the regulatory authority with improved corporate governance aspects, focus structure and function to the regulatory authority.

It is important that Botswana’s financial services regulatory environment is harmonized with regional frameworks, particularly those that apply in the SADC region and are in accordance with the SADC finance and investment protocol.

6th November 2015

The object of the Bill is to provide for the domestication of the Rome Statute of the International Criminal Court, which was ratified by Botswana on the 8th of September 2000.

  •  This is to ensure that Botswana, as a state party conforms to and implements her obligations as set out under the Rome Statute.

30 October 2015

The Act essentially exempts Botswana Meat Commission from tax and treating income from cattle like any other income for tax purposes.
The following amendments have been made:

  • Substitution of Section 30, hereby doing away with the current scenario where a tax payer may elect to offset farming losses against the other income, including employment income;
  • Treatment of farming like any other business which is allowed to offset losses against the business income of the tax payer;
  • Deleting Sections 47 & 48 respectively because they relate to offsetting of farming loss against other sources of income;
  • Allowing for the deduction of expenditure for any donations made to help charitable institutions;
  • Adding employment for the purchase of livestock to payments that are subject to withholding tax;
  • Allowing BURS to refund tax payers on tax over-paid (excess and any interest and on the tax overpaid) this should be done after the tax return has been lodged by the tax payer. This will save BURS from overspending and later, requesting for supplementary funding to pay out any tax refunds; and
  • Proposing and withholding tax at the rate of 4% on each payment made to any person in respect of the sale of livestock for slaughter or feeding for slaughter. The date of commencement is on notice.

2 October 2015

The object of the Bill is to amend the Companies Act in order to align it with the Securities Act with regard to issues relating to securities and the public offerings of securities, such as;

  • The Bill proposes to delete Section 324, 325, 326, 327 and 328 of the Companies Act
  • There is an amendment of Section 2 of the Act by substituting the definition of Securities to a meaning assigned to the Securities Act, 2014.
  • The definition of Stock Exchange will be amended to the definition of a securities exchange as defined in the Non-Bank Financial Institutions Regulatory Authority Act.
  • Substituting the definition of stock market to mean such primary and secondary order stock market as may be established by the Securities Exchange,
  • Amendment of Section 28 to provide that ownership or transfers of shares in a company may pass by operation of law notwithstanding the Constitution of the Company
  • Section 295 of the Act is amended by substituting the definition of
    rights offer to an offer for subscription with the right to renounce in favour of other persons to those shareholders or debenture holders of a company who are not excluded from such offer under subsection 2 for any securities of that company or any other company where a securities exchange has granted or has agreed to grant a listing for the shares which is subject to the offer.
  • Section 297 of the Act has been amended by substituting the following sub-paragraph:
    “any other company which carries on the business of portfolio fund management and it is approved for the purposes of this section by the securities exchange which is acting as principle and also to a wholly owned subsidiary of such bank or insurer while the company when it acts as an agent and the capacity of the authorized portfolio manager for a pension fund approved by the Minister responsible for financing development planning of a collective investment undertaking licence under the CIU Act managed by the said wholly owned subsidiary which is manager company in terms of the CIU Act”
  • Section 323 of the Act is amended by deleting the definition of the “affected transaction”. Furthermore section 323 is amended by inserting a definition of “securities transaction” to mean “any transaction (including a transaction which forms part of a series of transactions) or a scheme, whatever form it may take, which, taking into account any securities held before such transactions or scheme, has or would have the effect in the event of any offers to acquire securities of a company being accepted of the transfer of all the securities included in a class of securities being transferred to the offeror”
  • Section 5 is amended by substituting the word “Botswana Stock Exchange Act” to “Securities Act”

21 August 2015

The object of the Bill is to amend the Botswana Examination Councils Act to:

  • make provision for the appointment of Board members of the Council on the basis of competence, knowledge and experience;
  • remove standards for attainment test, development publication criteria for accreditation for external qualification from the functions of the Council;
  • make provisions for the appointment of the CEO of the Council and
  • provision for invigilation and supervision of course work or examination.

The object of the Bill is to ensure diamonds mined in Botswana are beneficiated (including being sorted, valued, processed, sold, bought, marketed or otherwise dealt with) in Botswana. In order the achieve that act is amended as follows:

  • deleting the restrictive definition of person;
  • deleting all references to words nominees in the rest of the Act.

A new Section 48 place is inserted which places an obligation on a license to notify the Minister of possession of any rough one cut diamond within 30 days of possession of such unusually rough one cut diamonds.

  • Deleting of Section 18 of the Act;
  • deleting sub-section 19 (3 of the Act) and Section 25 1b of the Act and penalties have been increased from P1000 to P500 000 and imprisonment of a term exceeding 5 years in respect of Section 14, Section 13 has also increased penalties from P 2000 to P2 000 000 and from 2 years to 20 years or to both.

The object of the Bill is to ensure diamonds mined in Botswana are beneficiated (including being sorted, valued, processed, sold, bought, marketed or otherwise dealt with) in Botswana. In order to achieve that the proposed amendments to the act are as follows:

  • deleting the restrictive definition of person;
  • deleting all references to words nominees in the rest of the Act.

A new Section 48 place is inserted which places an obligation on a license to notify the Minister of possession of any rough one cut diamond within 30 days of possession of such unusually rough one cut diamonds.

  • New penalties in terms of Section 3 will be increased from P100 to P1 000 000 and imprisonment limited to 6 months will change to imprisonment limited to 10 years. Section 7a will dispense with the requirement that a precious stone dealer shall not deal with a rough cut precious stone except under such conditions as may be determined by the Minister.
  • A precious stone dealer will be empowered to sort or value precious stones and a precious stones dealer will make available to another precious stone dealer for a fee, facilities in the licensed premises including rendering of assistance in the use of such facilities.
  • Producers are mandated to supply precious stones to precious stone dealers and the precious stone dealers to supply to other precious stone dealers.
  • There is an obligation on a producer or precious stone dealer to notify the Minister of the position of an unusual rough or uncut precious stone and;
  • An obligation on the precious stone dealer to make available for inspection by the Minister or an authorized officer records and any other documents related to his or her business operations.

14 August 2015

Botswana Postal Services is hereby designated as a public postal operator from the 1st April 2014 to the 31st March 2019

24 December 2015

The Schedule to the Act has been amended as follows:
(a) In Paragraph D by substituting for the paragraph, the following new paragraph –“Operations that make, plan or reserve travel arrangements for clients or other tourist services excluding air, sea or ocean ticketing but not offering accommodation

(b) By inserting immediately after paragraph K, the following new paragraph –
“ L Operations that make, plan or reserve travel arrangements for clients in the form of air, sea or ocean ticketing but do not offer accommodation (whether fixed or not). Licensed operators for category “L” must be accredited or affiliated to any of the International Air Ticketing Agencies”.

20 November 2015

The golden horse club race is scheduled for the 5th December 2015 at the National Agricultural Showground race track is declared a race.

Regulations

17th June 2016

There is an amendment to the Golden Jubilee Medal for the Outstanding Achievement.

17th June 2016

The Schedule to the Botswana Honours Act is amended by inserting immediately after the last entry, the following new entry. The Golden Jubilee Medal for Outstanding Achievement, being an honour awarded in 2016 to individuals and organisations for outstanding contribution to the development of Botswana.

10th June 2016

The Control of Goods Restriction on Importation of Wheat Flour) Regulations are amended in regulation 4 by substituting for the word “13.5%” appearing in subregulation (2), the word “12%”.

10th June 2016

Please contact Armstrongs for further information.

27th May 2016

Schedule 1 to the Immigration (Visa) Regulations is amended by deleting the words “Saudi-Arabia” appearing therein

27th May 2016

The Electronic Records (Evidence) Regulations have been issued in terms of Section 16 of the Electronic Records (Evidence) Act. Please contact Armstrongs for further information.

27th May 2016

The Double Taxation Avoidance Agreement between the Government of the Republic of Malawi and the Government of the Republic of Botswana is presented to the National Assembly for approval, and shall, upon approval, take effect from the date specified in the Agreement. Both Governments, desiring to conclude an agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

27th May 2016

Choppies Distribution Centre (Pty) Ltd is cited as an authorised creditor.

20th May 2016

Trans Africa (Pty) Ltd t/a Trans Evergreen Cash and Carry at Lobatse is exempted from the provisions of regulation 7 (1) of the Liquor Regulations, which requires proposed business premises to be at least 500m away from a school, highway, major road or church.

6th May 2016

The Botswana University of Agriculture and Natural Resources shall, pending the adoption of its academic regulations, use the University of Botswana academic regulations and programmes offered by the university. For more information, please contact Armstrongs

17th June 2016

There are Fees set out which are payable to the BQA. For more information on the Schedule, please contact Armstrongs.

17th June 2016

For more information, please contact Armstrongs.

30th June 2016

For more information, please contact Armstrongs.

8th July 2016

The Pension Liability Service Fund is hereby dissolved.

5th August 2016

The Gambling regulations are amended in regulation 28 (1), by substituting the words “P25 000” to “P10 000”.

19th August 2016

The schedule to the Order is amended by adding the “World Bank Country Office Country Representative” in Part I and also adding “World Bank Country Office Operations Analyst Program Assistant Team Assistant” in Part II.

9th September 2016

Seedco (Pty) Limited has been added as an authorised creditor.

9th September 2016

The schedule to the Customary Courts (Enforcement of Specified Laws) Order is amended by inserting the following new entries which are “Maintenance Orders Enforcement Act”, “Domestic Violence Act”; and “Affiliations Proceedings Act”.

9th September 2016

The Establishment and Jurisdiction of Customary Courts Order 2014, is amended in Schedule 3 by substituting for “Southern” where the words “Bangwaketse and Barolong” appear and the words “South East” where “Balete and Batlokwa” appear.

9th September 2016

The Ntlo ya Dikgosi Committees Rules, 2016 have been issued. For more information, please contact Armstrongs.

23rd September 2016

Parts I and II of the Private Security Services Act, shall come into operation on the 1st October, 2016.

28th September 2016

Please contact Armstrongs for further information.

14th October 2016

No person shall sell or cause to be sold any snare, trap or similar contrivance. A fine of P1,000 and up to imprisonment for 1 year shall be liable upon conviction.

14th October 2016

The error appearing in Section 1 of the Electricity Supply (Amendment) Act No. 14/2016 is rectified by deleting the words “(Amendment)” appearing therein.

21st October 2016

The Schedule to the Diplomatic Immunities and Privileges (Conferment of Personal Immunities and Privileges) Order, is amended to include the Executive Director and other officers of the Centre for Coordination of Agricultural Research and Development for Southern Africa.

21st October 2016

The Schedule to the Order, is amended to introduce the Centre for Coordination of Agricultural Research and Development for Southern Africa.

28th October 2016

The 1st of November, 2016 is appointed the date on which the Trade Disputes Act, 2016, shall come into operation.

1st November 2016

The Societies (Amendment) Act, 2016, shall come into operation on the 04th of November, 2016.

11th November 2016

Parts I to VI, VIII,IX and XI of the Non-Bank Financial Institutions Regulatory Authority Act shall come into operation on the 11th of November, 2016.

2nd December 2016

The revocation shall come into operation on the 01st of December, 2016.

2nd December 2016

Botswana Qualifications Authority (National Credit and Qualifications Framework) Regulations, 2016, have been issued in terms of the Botswana Qualifications Authority Act. For more information, please contact Armstrongs.

9th December 2016

The Whistleblowing Act shall come into operation on the 09th of December, 2016.

23rd December 2016

The First Schedule to the Regulations is amended by inserting new entries of Ephedrine, Ephedrine hydrochloride and Ephedrine sulphate in their correct order.

1st April 2016

No person shall undertake any fishing activity at Lake Ngami and Lake Xau with effect from 1st April 2016 to 28th February 2017.

8th April 2016

There are a number of bodies corporate which are wholly owned by the Government which have been exempt from tax under paragraph (xx) Part 1 of the Second Schedule.

15th April 2016

The purpose of these Regulations is to award the Pearl Jubilee Medal (P.J.M) to any member of the Botswana Defence Force who has completed 30 years of honourable continuous service in the BDF.

The Special Service Medal (S.S.M) shall be awarded to any member of the BDF in recognition of a special service performed under exceptional circumstances.

There is also the Foreign Service Medal (F.S.M) which shall be awarded to any member of the BDF for honourable service outside the borders of Botswana on operational deployment and related foreign assignment of collective training for a period not less than two months.

The Thebe Ya Sechaba (T.Y.S) shall be awarded posthumously to a legal beneficiary of a deceased member of the BDF who dies in the line of duty but precludes death as a result of accident, sickness or natural causes.

8th April 2016

The Minster of Trade and Industry by virtue of section 47 of the Electronic Communications and Transactions Act has issued Regulations to the Act. For more information, please contact Armstrongs.

22nd April 2016

The Liquor Regulations are amended in the Third Schedule by substituting for Form 2 appearing therein, a new Form 2 which allows any person who wishes to object to the grant of a liquor licence to do so within twenty-one (21) days of the last publication of this notice.

22nd April 2016

The Electronic Records (Evidence) Act shall come into operation on 1st May 2016.

24th March 2016

A person who produces intoxicating liquor specified in the Schedule or imports intoxicating liquor specified in the Schedule shall pay a levy on the cost of production of such goods.

24th March 2016

Lebo’s Catering Services (Pty) Ltd is exempted from the provisions of regulation 7 (1) of the Liquor Regulations which requires proposed business premises to be at least 500 metres away from a school, highway, major road or church.

18th March 2016

There are certain By-Laws which have been provided in respect of bees and poultry.

18th March 2016

There are a number of supervisory levies that have been issued in respect of Non-Bank Financial Institutions Services; this includes Asset Mangers, Insurance Brokers and Companies, Insurance Agents, IFSCC, Management Companies of CIU, Micro Lenders, Retirement Funds, Trustees of CIUs, Security Brokers/Dealers, Transfer Agents and Transfer Secretaries, Participant/Market Makers and Retirement Funds Administrators.
Furthermore there will also be licencing fees in respect of all those Non-Bank Financial Institutions that we have mentioned.

4th March 2016

There are a number of Bye-Laws that have been issued in respect of establishing cemetery, burial, permit for a burial, application for a burial permit, and the fees. Please contact Armstrongs for further information.

4th March 2016

Nommy Nom Nom (Pty) Ltd is exempt from the provisions of regulation 29 (jj) of the Trade Regulation which restricts a licence holder to trade within fixed premises.

19th February 2016

Plutarch Investments (Pty) Ltd is exempt from the provisions of regulation 29 (jj) of the Trade Regulations which restricts a licence holder to trade within fixed premises.

19th February 2016

The Minister of Environment, Wildlife and Tourism has issued Regulations in terms of section 3 of the Fish Protection Act.
There is a prohibition of catching fish without a licence to do so.
Only citizens of Botswana are allowed to engage in subsistence fishing. There is a licence required in respect of commercial fishing. There are guidelines in respect of the required size of gillnets, a prohibition of importation of gillnets unless they have the necessary permits.

19th February 2016

A holder of a permit may lodge an application to vary terms and conditions of his/her permit with an authorised officer in Form 7A or 7B as applicable, set out in the Schedule. An application for variation of a permit made under subregulation (1) shall be accompanied by non-refundable fee of BWP1,000.00.

26th February 2016

The Minister of Trade and Industry has by virtue of section 135 of the Gambling Act issued regulations in respect of the Gambling Act. For more information, please contact Armstrongs.

15th January 2016

These regulations are issued in terms of Section 71 of the Financial Reporting Act. The regulations provide a threshold in order to qualify as a public interest entity in terms of Section 22(d) of the Act. Subject to qualification, a public interest entity will have to be registered with the Botswana Accountancy Oversight Authority. There will be ongoing compliance particularly with the reporting of financial matters.

8th January 2016

Royal Orchid (Pty) Ltd, Maun, is exempted from the provisions of regulation 7 (1) of the Liquor Regulations which require proposed business premises to be at least 500 metres away from a school, highway, major road or church.

6 November 2015

The issuance of Tourists Enterprise Licences for category D is hereby suspended until further notice.

23 October 2015

The Regulations relate to the operations of a Nursing and Midwifery School of Institution and approval thereof of the School.

23 October 2015

There are regulations that have amended the definitions of carriage of goods and conductor.They also have amended provisions in respect of public service vehicle driving licences.

25 September 2015

There are regulations issued in respect of Forensic Procedures.

14 September 2015

Architects registration regulations have been issued which provides for the application of Architects to be registered.

4 September 2015

New prices have been amended in respect of petroleum prices.

28 August 2015

The Minister hereby revokes a planning permission granted by Gaborone Physical Planning Committee to Joo Whyn Kim c/o Agora Architecture for change of land use from single family residence to commercial) self-catering apartments on Plot 95433, Gaborone as such change of land use contrivance the guide line on Tourism accommodation.

21 August 2015

The amendment of Bye-Law 10 of the Bye- Laws which provides that any person who fails to comply with the Bye-Laws will commit an offence and shall be subject to a fine exceeding P500 or in default imprisonment of term not exceeding 21 days and on a second or subsequent conviction to a fine not exceeding P2000 or in default imprisonment for a term not exceeding 4 months

14 August 2015

Schedule 3 of the Botswana Tourism Organisation Regulations is amended by substituting the schedule of grading fees with a proposed new schedule.

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