Acts, Bills & Regulations 2017 - 2018

Acts & Bills

26th January 2018

The Interstate Transfer of Prisoners Act shall come into operation on the 1st February 2018.This Act provides for the extradition of citizen prisoners to allow them to serve the rest of their sentence in Botswana.

2nd March 2018

This Act is intended to replace the current Tribal Land Act. Commencement date is yet to be announced. The Act introduces provisions that now expressly regulate dealings in tribal land by non-citizens as well as requiring the mandatory registration of all tribal land with the Deeds Registry. It is an Act to provide for the continuation of land boards; to vest tribal land in such boards; to define the powers and duties of such boards; and to provide for matters incidental thereto.

26th March 2018

This Act authorizes the payment out of the Consolidated Fund and the Development Fund of sums of money for the year ending 31st March 2019.

9th April 2018

The date of Assent for the Act is 27 March 2018. An Act to provide for the establishment, administration, recruitment, conditions of service, training, command, discipline and employment of the Botswana Defence Force; to declare offences, restrictions and penalties; to make provision for wearing or use of military uniforms, decorations, medals or badges, and the unauthorised use of certain military documents; and for matters incidental and foregoing and connected therewith.

20th April 2018

The date of Assent for the Act is 27 March 2018. It has not commenced. The Act provides for the establishment of the Competition and Consumer Authority and its mandate; for the establishment of the Competition and Consumer Board, its functions and proceedings; for the establishment of the Competition and Consumer Tribunal to adjudicate over breaches of any provisions of this Act. Under the Act, the Competition and Consumer Authority shall be responsible for the prevention of, and redress for, anti-competitive practices in the economy and the removal of constraints on the free play of competition in the market. Under the Act, the Competition and Consumer Board shall be the governing body of the Authority and shall be responsible for the direction of the affairs of the Authority.

20th April 2018

The date of Assent for the Act is 27 March 2018. It has not commenced. The Act introduces a number of far reaching protections of the interests of consumers by means of investigation, prohibition and control of unfair business practices, including the introduction of minimal terms that are required to be included in consumer contracts.

20th April 2018

Commencement of Sections 1 to 158;168;194 to 216;220; and 22 to 351 of Act No3/2018.

4th May 2018

This Act authorises the payment out of the Consolidated Fund to meet expenditure incurred during the year ending 31st March 2017. This Act is due to commence on the 4th May 2018.

9th February 2018

The object of the Bill is to enact the Companies Re-registration Act, to provide for the re-registration of existing companies under the Companies Act. This is aimed at facilitating the reforms identified in the Doing Business Reforms Roadmap. One of the reforms is the introduction of an Online Registration System. The purpose of re-registration is to enable the migration of accurate and reliable data to the new online system through a seamless and conjoined process.

9th February 2018

The object of the Bill is to enact the Registration of Business Names Re- registration Act and to provide for the re-registration of existing business names under the Registration of Business Names Act. This is aimed at facilitating the reforms identified in the Doing Business Reforms Roadmap. One of the reforms is the introduction of an Online Registration System. The purpose of re-registration is to enable the migration of accurate and reliable data to the new online system through a seamless and conjoined process.

9th February 2018

The Object of this Bill is to amend the Companies Act and cater for the above mentioned Bills.

23rd February 2018

The object of this Bill is to amend the Penal Code.

9th March 2018

The object of the Bill is to amend the Citizenship Act among others to align the Act with the age of majority as set out in the amended Interpretations Act. The age of majority has been reduced from 21 years to 18 years, and is a threshold of adulthood and a person who has attained this age assumes full legal capacity and can, without assistance of his or her guardian, enter into legally binding contract; sue and be sued in his or her own name etc.

23rd March 2018

The object of this Bill is to comply with the Eastern and Southern African Anti-Money Laundering Group mutual evaluation of Botswana which elevation identified gaps in the Extradition Act.

29th March 2018

The object of the Bill is to amend the Banking Act in order to harmonise Botswana’s banking legislation with international standards, in particular, the Financial Action Task force (FATF) recommendations on anti-money laundering and combatting the financing of terrorism.

10th April 2017

This Act charges the consolidated fund with the sum of P715, 165,149 to meet expenditure incurred during the financial year which ended on 31st March 2016.

10th April 2017

The Court of Appeal Act is amended with respect to the compensation of the Court of Appeal and the validation of previous appointments. The Act is amended by inserting a new sub-section 4(b) on the validation of judicial pronouncements and judicial Acts and sub-section 4(c) for the validation of proceedings.

28th April 2017

Section 6 of the Residence (Pensions and Retirement Benefits) Act is amended to provide for 3 motor vehicles to be permanently at the disposal of the former President and to carry BX registration number plates unless decided otherwise by Parliament and for such motor vehicles to be replaced where necessary.

28th April 2017

This Act authorises the Minister to raise, by loan from the International Bank of Reconstruction and Development sums not exceeding US145,500,000 subject to such terms and conditions as may be agreed between the Minister and the Bank for the purpose of financing the Emergency Water Security and Efficiency project.

28th April 2017

Section 11 of the Immigration Act has been amended by inserting a new sub-section 5 which allows the Minister to establish on an ad-hoc basis, such immigrants sector – specific selection boards as he/she considers necessary for the purposes of issuing permits and performing any other functions as may be conferred on it by regulations made under the Immigration Act. Section 28 of the Immigration Act has been amended by inserting a sub-section 2(a) which confers on the Minister the right to confer the status of permanent residence on a non-citizen who has resided lawfully in Botswana for a period of less than 5 years where the Minister decides such non-citizen has established a significant business in Botswana or intends to establish a significant business in Botswana.

28th April 2017

The 12th Schedule to the Income Tax Act has been amended to allow any mining company which is subject to an existing mining tax agreement to continue to operate under the terms of such agreement or make a once off election to come under the provisions of the 12th Schedule by written notice to the Commissioner General, not later than 30th June 2017.

16th July 2017

This Order brings the Immigration Amendment Act into operation on 1st July 2017.

25th August 2017

This Order brings the remaining Parts of the Botswana Energy Regulatory Authority Act into operation on 1st September 2017.

1st September 2017

This Act amends Sections 2, 6, 7, 9, 12, 14, 17, 18, 19 of the National Registration Act.

1st September 2017

This Act makes provision for the transfer of prisoners between Botswana and countries with which Botswana has entered into agreements for the transfer of prisoners; and for matters connected with or incidental to the foregoing.

10th November 2017

This Act makes provision for the continuation of the Botswana College of Distance and Open Learning under the name of the Botswana Open University and also provides for its powers and functions and for the governance structures of the university and for matters connected or incidental thereto.

27th January 2017

The object of the Bill is to amend the Citizenship Act among others to allow for dual citizenship in certain restricted circumstances; and resume Botswana citizenship of persons who ceased to be citizens of Botswana as a result of acquiring citizenship of another country as a consequence of marriage.

10th March 2017

The object of the Bill is to make provision to meet expenditure incurred from the Consolidated Fund in excess of the amount appropriated through the Appropriation (2015/2016) Act, 2015.

21st April 2017

The object of the Bill is to bar the making of deductions from the pay of officers and soldiers of the Botswana Defence Force by reason of such officers or soldiers being the subject of disciplinary proceedings within the Botswana Defence Force or by reason of facing charges before a Court martial or criminal charges before a Court of law.

21st April 2017

The object of the Bill is to amend Section 13(2) of the Police Act to ensure that Police Officers interdicted under the Act continue to receive full salary and benefits during interdiction; and to ensure there is uniformity in terms of treatment for Police Officers and other public servants facing charges.

21st April 2017

The object of the Bill is to amend Section 52 of the Prisons Act which mandates the forwarding of a portion of the salary for Prison Officers inducted under the Act or any other law by ensuring that there is uniformity in terms of treatment for Prison Officers and other government employees similarly placed.

5th May 2017

The object of the Bill is to provide for the amendment of the Public Service Act by repealing and re-enacting it in order to align its provisions with the Constitution and other employment laws, as well as to provide for other related issues.

26th May 2017

The object of the Bill is to re-enact the Botswana College of Distance and Open Learning Act (Cap 57:03) in order to provide for the continuation of the Botswana College of Distance and Open Learning under the new name of Botswana Open University.

30th June 2017

The object of the Bill is to-
1. Facilitate the transfer of prisoners between Botswana and certain countries with which Botswana has entered into agreements for the transfer of prisoners, so that the prisoners may serve the remainder of their sentences of imprisonment in their countries of nationality or in countries with which they have community ties; and
2. To facilitate the transfer of prisoners into Botswana from countries in which prisoners are serving sentences of imprisonment.

30th June 2017

The object of the Bill is to amend the Liquor Act to provide for definitions of the words “liquor depot”, “liquor depot licence”, “smoker’s requisite” and “major road” (Clause 2). In addition, to provide for a Secretariat for the Liquor Control Authority and to provide for its functions (Clause 3).

The Bill further does away with the requirement of a residence and work permit during an application for a licence.

7th July 2017

The object of the Bill is to delete section 19 (d) of the Electronic Communications and Transactions Act.

12th July 2017

The object of the Bill is to ensure that diamonds mined in Botswana are beneficiated (including being sorted, valued, processed, sold, bought, marketed or otherwise dealt with) in Botswana.

12th July 2017

The object of the Bill is to ensure that precious and semi-precious stones mined in Botswana are beneficiated (including being sorted, valued, processed, sold, bought, marketed or otherwise dealt with) in Botswana.

12th July 2017

The object of the Bill is to repeal and re-enact with amendments, the Competition Act (Cap 46:09). The Bill continues the Competition Authority under the new name of Competition and Consumer Authority.

12th July 2017

The object of the Bill is to create and introduce new consumer protections and for such protection and consumer affairs to be regulated by the Competition and Consumer Authority.

21st July 2017

The object of the Bill is to amend the National Registration Act in order to provide for the following with respect to Botswana Identity Cards:
1. That the photograph of the identity card bearer should clearly show a person’s uncovered face;
2. Gives the Registrar the power to refuse to register applicants who do not submit all the required information;
3. Provides for the cancellation and destruction of lost and found identity cards where a duplicate has been issued;
4. Provides for payment of fees for renewal of identity cards;
5. Provides for the surrender of a deceased person’s identity card.

28th July 2017

The object of the Bill is to repeal and re-enact with amendments, the Arms and Ammunition Act (Cap 24:01) and to domesticate the United Nations Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition as well as the SADC protocol on Control of Firearms, Ammunition and Other Related Materials by instituting measures for the implementation of the Protocols.

9th September 2017

The object of the Bill is to address the deficiencies of the Counter Terrorism Act. More particularly, the Bill amends Sections 2, 4, 5, 6, 7, 12, 13, 14 and substitutes Part VIII of the Counter Terrorism Act.

13th October 2017

The object of the Bill is to amend the Police Act (Cap 21:01).

13th October 2017

The object of the Bill is to repeal and re-enact, with amendments, the Matimela Act to improve management of Matimela and remove archaic or obsolete provisions in order to modernize the Act.

13th October 2017

The object of the Bill is to amend the Liquor Act to provide for the definitions of the words “liquor depot”, “liquor depot license”, “smoker’s requisite” and “major road”. The Bill further does away with the requirement of a residence and work permit during and application for a license.

13th October 2017

The purpose of the Bill is to amend section 30 (2)(a) by empowering the Minister to create an additional tourism levy which will be used for purposes for the improvement and maintenance of quality standards in the facilities and services provided for tourists by the Government, and generally promoting the development and well-being of the tourist industry.

Regulations

26th January 2018

This Order amends Section 15 of the Town and Country Planning Act more specifically, it outlines the Mabutsasane Planning Area.

26th January 2018

These Regulations seek to regulate the Animal Information and Traceability System in relation to the control of Animal Diseases.

2nd February 2018

This Order amends Paragraph 7 of the National Environmental Fund Order.

2nd February 2018

This Order outlines the purpose of the Tourism Development Fund and how it will be Managed.

2nd February 2018

These Bye-laws seek to regulate refuse management within the Southern District.

2nd February 2018

This Amendment amends the Bye-laws by inserting a Bye-law 8A, addressing “Protection from personal liability”.

16th February 2018

These Regulation outline the fees to be paid for services offered by the Authority.

16th February 2018

This Order shall apply for purposes of Section 52 (1) (d) of the Act and shall apply to development projects or activities in the “SPEDU Region”. For certain target industries are set at 5% for the first 5 years and 10% thereafter.

23rd February 2018

This Order amends and revokes the Order made in 2017.

23rd February 2018

These Regulations seek to control and outline the functions of the Botswana National Sport Commission.

9th March 2018

This Order inserts a provision granting a person who ceases to be a citizen of Botswana by birth or descent by virtue of the provisions of section 15 of the Citizenship Act exemption when they obtain residence or work permits in Botswana provided he or she is in possession of a valid passport or certificates of identification of his or her country of citizenship.

9th March 2018

This order amends the Fifth Schedule to the Employment Act by substituting (a) for sub paragraph (1), (b) for subparagraph (2) and (c) for subparagraph (6).

9th March 2018

This Order rectifies the error appearing in section 14 of the Tribal Land Act, No.1 of 2018 and is substituted by subsection (7), “ (7) The land board may confirm, vary or revoke any decision taken in consequence of a delegation or assignment, but no variation or revocation of a decision may retract from any rights that may have accrued as a result of the decision.”

27th April 2018

These Regulations provide for the amendment of the First Schedule to Cap 69:01 (Sub. Leg).

30th April 2018

These Regulations seek to regulate the National Meteorological Service.

18th May 2018

The Order rectifies the error appearing in section 35 (3) of the Constitution of Botswana by deleting the words “(1) or” appearing therein.

25th May 2018

This Order amends paragraph 11 of SI No. 93/2017 by substituting the words “Accounting Officer” appearing therein, with the words “Accountant-General”.

8th June 2018

These Regulations establish a Tribunal to hear and adjudicate on disputes. It also outlines the procedures to be followed by the applicants.

3rd March 2017

This regulation brings parts 6-13 of the Medicines and related substances Act into operation on 17th February 2017.

3rd March 2017

These regulations are issued under the Liquor Act and exempt certain license holders from complying with prescribed provisions of the Liquor Act.

3rd March 2017

These are Regulations issued under the Wildlife Conservation and National Parks Act for the prohibition of hunting, capturing and removal of certain wild animals within Botswana.

3rd March 2017

This Order revokes the control of animal feed and group promoters previously issued under the Control of Goods Act.

3rd March 2017

These are regulations issued under the Control of Goods Act for the control and regulation of sugar sold outside Botswana.

3rd March 2017

These regulations are issued under the Control of Goods Act and prescribe or set the petroleum price in Botswana.

10th March 2017

Regulations prohibiting the export of fry fish.

10th March 2017

These Regulations are issued under the Control of Goods Act and revoke previous regulations issued with respect to the sale of milk in Botswana.

17th March 2017

These Regulations are issued under the Control of Goods Act with respect to imports and exports to Iraq or occupied Kuwait.

24th March 2017

Theses Regulations are issued under the Tribal Land Act and insert a new sub-section 8(a) into the Tribal Land Regulations. In terms of the said addition, the Minister may now appoint to the Land Board, a person who is not in the list of candidates submitted to the Minister by the Land Board Selection Committee.

24th March 2017

This Order brings the Retirement Funds Act into operation on the 1st April 2017.

31st March 2017

These Regulations are issued under the Securities Act and concern the licensing of securities institutions.

31st March 2017

These Regulations are issued under the Securities Act and prescribe rules and regulations for persons operating securities and infrastructure businesses.

31st March 2017

The Order brings the Securities Act into operation on the 1st of April 2017.

11th April 2017

These Regulations are issued under the Retirement Funds Act and prescribe regulations for retirement funds.

11th April 2017

This Act amends Schedule 10 and 11 of the Customs and Excise Duty Act.

13th April 2017

These Bye-Laws regulate the hawking and street vending in the Kgalagadi district.

13th April 2017

These Bye-Laws regulate the noise and nuisance control in the Kgalagadi district.

13th April 2017

These Regulations are issued under the Control of Goods Act and impose certain restrictions on importation of wheat flour into Botswana.

21st April 2017

These Regulations are issued to amend the diseases of stock Regulations.

28th April 2017

These Regulations are issued to amend the Traffic Act and amend the current road traffic Regulations.

28th April 2017

These Regulations are issued to amend the road transport (permits) Regulations.

28th April 2017

This Order provides that the Income Tax (amendment) Act shall come into operation on the 2nd of May 2017.

19th May 2017

These Regulations are issued under the Non-Bank Financial Institutions Regulatory Authority Act and amend the Non-Bank Financial Institutions Regulatory Authority supervisory levies.

2nd June 2017

These Bye-Laws amend the Sowa Township Bye-Laws 3,4,7,9 and 12.

2nd June 2017

These Regulations are issued under the Hypothecation Act and amend the list of authorised creditors.

16th June 2017

These Regulations are issued under the Societies Act and set out detailed regulations that apply to societies regulated under the Act.

23rd June 2017

These Regulations are issued under the Income Tax Act and amend the list of corporate bodies exempt from income tax.

30th June 2017

This Order amends the Guardian’s Fund interest rate in the administration of estates.

30th June 2017

These Regulations are issued under the Control of Goods Act and amend previous regulations controlling aviation fuel prices.

30th June 2017

This is a public notification of an amendment to a schedule in the Customs and Exercise Duty Act.

10th July 2017

This notification is issued under the Customs and Excise Duty Act and is a public notification of an amendment to a schedule in the Customs and Exercise Duty Act.

14th July 2017

This Regulation is issued under the Liquor Act and amends the Liquor Regulations.

21st July 2017

These Bye-laws regulate the noise and nuisance in the Kweneng district.

21st July 2017

These Bye-laws focus on the protection of natural resources in the Kweneng district.

21st July 2017

These Bye-laws regulate the hawking and street-vending in the Kweneng district.

4th August 2017

This Order is issued under the Plant Protection Act and amends the Fourth Schedule to the said Act.

25th August 2017

This Bye-law regulates the care and restrictions of dogs in the Kweneng district.

1st September 2017

This Order amends Schedule B of the Botswana Health Professionals Act.

15th September 2017

This Order amends Paragraph 8 of the Levy on Alcoholic Beverages Fund Order.

15th September 2017

This Order replaces and revokes the Botswana Innovation Hub Fund Order 2010.

22nd September 2017

These Regulations are issued under the Income Tax Act and make additions to the list of beneficiaries of donations for tax deduction purposes under the Act.

29th September 2017

These Bye-laws regulate the advertising and hording in the Kgalagadi district.

3rd October 2017

These Regulations amend Regulation 4(a) of the Act.

13th October 2017

The Order amends Schedule to SI 51 of 2002.

27th October 2017

The Order brings the National Registration (Amendment) Act into operation on 1st November 2017.

30th October 2017

These Regulations are issued under the Control of Goods Act and amend previous regulations dealing with petroleum prices.

Acts, Bills & Regulations 2015 - 2016

Acts & Bills

30th June 2016

The object of this Bill is to facilitate the transfer of prisoners between Botswana and certain countries wherein Botswana has entered into agreements for the transfer of prisoners, so that prisoners may serve the remainder of their sentences of imprisonment in their countries of nationality or in countries with which they have community ties. The Bill also intends to facilitate the transfer of prisoners into Botswana from countries in which prisoners are serving sentences of imprisonment.

8th July 2016

The object of the Bill is to re-enact the Presidents (Pensions and Retirement Benefits) Act to include gratuity benefits and to introduce payment of gratuities to former Presidents.

8th July 2016

The object of this Bill is to amend the Electoral Act to improve efficiency in the electoral process. The Bill addresses issues including electronic voting, registration of voters, preparation of rolls, deleting provisions for supplementary rolls and assistance of voters by election officers.

29th July 2016

The object of the Bill is to establish the Botswana Energy Regulatory Authority responsible for providing an efficient regulatory framework for the energy sector with the primary mandate of providing the economic regulation of the sector with a view to protect the interests of consumers and provide confidence to investors.

29th July 2016

The object of the Bill is to re-enact, with amendments, the Electricity Supply Act. The amendments are consequential to the enactment of the Botswana Energy Regulatory Authority Bill, 2016.

29th July 2016

The object of the Bill is to amend the Botswana Power Corporation Act. The amendments are consequential to the proposed enactment of the Botswana Energy Regulatory Authority Act.

29th July 2016

The object of the Bill is to amend the Liquor Act to provide for definitions of the words “liquor depot”, “liquor depot licence”, “smoker’s requisite” and “major road”. The Bill further does away with the requirement of a residence and work permit during an application for a licence. The deletion of Section 15(g), to exclude a bottle store, wholesaler and distributor business from being 500m from a school, a highway, a major road or a church because liquor is sold on a take away basis at these premises and not consumed there.

5th August 2016

The object of the Bill is to amend the Judicial Services Act to give effect to the 3% increase in salaries.

5th August 2016

The object of the Bill is to amend the Specified Offices (Salaries and Allowances) Act to give effect to the 3% increase in salaries with effect from 1st April 2016.

5th August 2016

The object of the Bill is to amend the National Assembly (Salaries and Allowances) Act to give effect to the 3% salary adjustment of 2016.

7th October 2016

The object of the Bill is to amend the Income Tax Act in order to enable any mining company which is subject to an existing mining tax agreement to opt out of such agreement and make a once off election to come under the provisions of the Twelfth Schedule of the Income Tax Act, not later than 30th June, 2017.

11th November 2016

The object of the Bill is to ensure that diamonds mined in Botswana are beneficiated (including being sorted, valued, processed, sold, bought ,marketed or otherwise dealt with) in Botswana. To achieve this, certain definitions in the Diamond Cutting Act have been amended and other provisions have been deleted.

11th November 2016

The object of the Bill is to ensure that 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 Precious and Semi-Precious Stones (Protection) Act has been amended and other provisions have been deleted.

11th November 2016

The error appearing in section 70(1) of the Botswana Energy Regulatory Authority Act No. 13/2016 is rectified by deleting the words “and water” appearing therein.

12th December 2016

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 under the Rome Statute.

12th December 2016

The object of the Bill is to ensure that a President shall be entitled to any pension or benefits after leaving office and shall have access to the use of any Government owned mode of transport on a case by case basis, on such terms as may be determined by the current President.

16th December 2016

The object of the Bill is to amend the Immigration Act in order to empower the Minister to grant the status of permanent residence to non-citizens who are investors and have resided in Botswana lawfully for a period of less than five years in order to promote job creation and encourage foreign investment. Under the proposed amendment, such status may also be extended to a non-citizen investor’s spouse and minor children.

30th June 2016

The Act is to authorise payment out of the Consolidated Fund and the Development Fund, respectively, to meet expenditure incurred during the financial year ending 31 March 2015.

19th August 2016

An Act to continue the establishment of the Non-Bank Financial Institutions Regulatory Authority and to provide for its powers and functions for the purposes of improving the fairness, efficiency and orderliness of the non-bank financial sector and the stability of the financial system and for matters incidental thereto. The date of commencement on notice.

16th September 2016

The Ministerial Offices maximum number have been amended from “16” to “18” and Section 3 of the Act is amended by substituting the word “eight” to “10”.

16th September 2016

Section 58(2)(b) of the Constitution is amended by substituting the word “four” to ”six”. The same applies for the First Schedule.

7th October 2016

An Act to provide for the settlement of trade disputes by the Commissioner of Labour, mediators and arbitrators; for the establishment of the Industrial Court as a court of law and equity; for the recognition of trade unions at the workplace and industry level; for the determination of industrial action, protection of essential services, life and property during industrial action; and for matters incidental or connected therewith.

7th October 2016

The Act has been amended to improve efficiency in the electoral process.

7th October 2016

The Act has been amended to give the 3% increase in salaries.

7th October 2016

An Act to provide for the manner in which a person may disclose conduct adverse to the public interest; to provide for the manner of reporting and investigations of disclosures of impropriety; and the protection against victimization of persons who make the disclosures; and to provide for related matters.

7th October 2016

The Act is amended in section 31 (2) by substituting for paragraph (a) the following new paragraph – “(a) six persons from different registered societies;”.

7th October 2016

Please see Bill section above.

7th October 2016

Please see Bill section above.

7th October 2016

An Act to provide for the establishment of Botswana Energy Regulatory Authority, its mandate, the regulation of the energy sector; and for matters incidental thereto.

7th October 2016

An Act to make provision for the licensing and control of undertakings for the generation and supply of electricity and for matters connected therewith and incidental thereto.

7th October 2016

Please see Bill section above

7th October 2016

The Companies Act has been amended consequential to the Securities Act.

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.

13th 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.

30th 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.

2nd 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”

21th 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.

14th August 2015

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

24th 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”.

20th 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.

6th November 2015

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

23rd October 2015

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

23rd 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.

25th September 2015

There are regulations issued in respect of Forensic Procedures.

14th September 2015

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

4th September 2015

New prices have been amended in respect of petroleum prices.

28th 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.

21st 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

14th 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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