The objective of this report is to inform our clients of any new legislative developments during the reporting period of October 2021. The report provides a record of new legislation published in the Government Gazette in a summary form. Legislation for purposes of this report refers to Acts of Parliament, regulations prescribed pursuant to Acts of Parliament, any other statutory instruments and Bills before the National Assembly.
For purposes of the below table, terms defined and used in each row will bear the meaning as given to them in their respective row and will not bear the same meaning
| Update | Comment | Date Published |
| Data Protection Act (Commencement Date) Order, 2021 – S.I. No. 86 of 2021 (the “Order”) | The Order provides that the Data Protection Act, 2018 Act 32 of 2018 (the DPA), which was assented to on 03 August 2018 has come into operation effective the date of publication of the Order. It is noteworthy that in terms of section 54 of the DPA, the processing of personal data by any person, which was ongoing before the commencement of the DPA or is ongoing and does not conform to the provisions of the DPA, shall be rectified to conform with the provisions of the DPA within a period of 12 months from the Order. We will be proving a detailed summary of the DPA in due course. | 15 October 2021 |
| Credit Information Act, 2021 – Act. No. 17 of 2021 (the “Act”) | The main object of the Act is to provide for the regulation of the credit reporting system, the licensing and supervision of credit bureaus by the Bank of Botswana and for matters connected therewith and incidental thereto. The Credit Information Bill, 2021 – Bill No. 17 of 2021 (the Bill) was published in the government gazette of 11 June 2021 and was debated by Parliament in the most recent Parliamentary sitting. Thereafter, the Bill was assented to by the President on 8 October 2021 and the Act is now on notice pending publication of a commencement date order. We have previously discussed the provisions of the Bill here in the event you wish to get a better understanding of same. | 22 October 2021 |
| Tobacco Control Act, 2021 – Act No. 19 of 2021 (the “Act”) | The main objects of the Act are to: establish the Tobacco Control Committee and to set out its functions; regulate the demand and supply for consumption of tobacco and tobacco products; control the production, manufacture, sale, labelling, advertising, promotion and sponsorship of tobacco and tobacco products; and provide for related matters. The Tobacco Control Bill, 2021 – Bill No. 9 of 2021 (the Bill) was published in the government gazette of 12 March 2021 and was debated by Parliament in the most recent Parliamentary sitting. Thereafter, the Bill was assented to by the President on 18 October 2021 and the Act is now on notice pending publication of a commencement date order. We have previously discussed the provisions of the Bill here in the event you wish to get a better understanding of same. | 29 October 2021 |
| Public Finance Management (Amendment) Act, 2021 – Act No. 12 of 2021 (the “Act”) | The Act is intended to amend the Public Finance Management Act [Cap 54:01] (the “PFM Act”) by essentially expanding the purview of the PFM Act to include disposal over and above control and issue of public supplies. The Act was assented to by the President on 08 October 2021 and the Act is now on notice pending publication of a commencement date order. | 15 October 2021 |
| Income Tax (Special Economic Zones Development Approval) Order, 2021 – S.I. No. 89 of 2021 (the “Order”) | The Order makes provision for development projects or activities carried out by investors or developers in any area which may be declared as a special economic zone or any single factory special economic zone established as such by any outside party in terms of section 30(2)(e) of the Special Economic Zones Act [Cap 43:13], the applicable tax rates for activities carried out in special economic zones, the procedure for applying for and issuing a tax relief certificate and the criteria for making an application for a tax relief certificate. | 22 October 2021 |
| Immigration (Exemption) (Amendment) Order, 2021 – S.I. No. 88 of 2021 (the “Order”) | The Order seeks to amend the second Schedule of the Immigration (Exemption) Order by inserting immediately after the last entry therein that non-citizen employees of Botswana Institute for Technology Research and Innovation (BIRTI) holding the positions of Researcher, Senior Researcher, Land Researcher and Executive Director are exempted from the requirement of obtaining a permit in order to reside or work in Botswana, provided they are in possession of valid passports or certificates of identification. | 22 October 2021 |
| Hypothecation (Authorised Creditors) (Amendment) Act, 2021 – S.I. No. 85 of 2021 (the “Regulations”) | Published in the Government Gazette Extraordinary, the Regulations add Africa Conservation and Communication Tourism Fund L.P. as an authorised creditor. | 07 October 2021 |
| Aviation Security (Amendment) Act, 2021 – Act No. 17 of 2021 (the “Act”) | The Act is the culmination of the ascension of the Aviation Security (Amendment) Bill, 2021 —Bill No. 18 of 2021 (the “Bill”). The Bill has been assented to by the President on 08 October 2021 and the Act is now on notice pending publication of a commencement date order. We have previously discussed the objectives of the Bill here in the event you wish to get a better understanding of same. | 22 October 2021 |
| Declaration of Avian Influenza (H5N1) (Infected Areas) Order, 2021 – S.I. No. 90 of 2021 (the “Order”) | The Order provides notice that the Director of Veterinary Services (in terms of section 4 of the Diseases of Animals Act [Cap 37:01]) has declared the Veterinary disease control zones in the whole of Botswana are declared to be infected with avian flu (H5N1). This means that until further notice: movement of wild and domestic birds and ostrich or other ratites, within and between veterinary disease control zones, is prohibited, except under and in accordance with a permit issued by a veterinary officer; commercial live birds may be moved within a veterinary disease control zone under and in accordance with a permit issued by a veterinary officer; and Export of live birds, poultry, ostrich and other ratites and products thereof, inducing eggs, is prohibited. | 29 October 2021 |
| Liquor (Amendment) Act, 2021 – Act No. 9 of 2021 (the “Act”) | The Act is the culmination of the ascension of the Liquor (Amendment) Bill, 2021 – Bill No. 28 of 2021 (the “Bill”). The Bill has been assented to by the President on 08 October 2021 and the Act is now on notice pending publication of a commencement date order. We have previously discussed the objectives of the Bill here in the event you wish to get a better understanding of same. | 22 October 2021 |
| Citizenship (Amendment) Act, 2021 – Act No. 10 of 2021 (the “Act”) | The Act is intended to amend the Citizenship Act [Cap 01:01] by substituting the number “21” with the number “18” everywhere the former appears in sections 9 and 15 thereof. This means that the Minister of Nationality, Immigration and Gender Affairs may cause a person under the age of 18, if such person was not a citizen of Botswana by birth or descent and whose father or mother has become a citizen of Botswana, to be registered as a citizen of Botswana upon application made by that person’s citizen father or mother. Further, the amendment requires that dual citizens elect their preferred nationality/citizenship upon attaining the age of 18. The Act has been assented to by the President on 08 October 2021 and the Act is now on notice pending publication of a commencement date order. | 15 October 2021 |
| Change of Surname Act, 2021 – Act No. 11 of 2021 (the “Act”) | The Act is intended to re-enact, with amendments, the Change of Name Act [Cap 15:01] and to make provision for restriction and regulation of the right of any person to assume a surname and for matters incidental thereto. | 15 October 2021 |
| Motor Vehicle Accident Fund (Amendment) Act, 2021 – Act No. 13 of 2021 (the “Act”) | The Act is the culmination of the ascension of the Motor Vehicle Accident Fund (Amendment) Bill, 2021 – Bill No. 10 of 2021 (the “Bill”). The Bill has been assented to by the President on 08 October 2021 and the Act is now on notice pending publication of a commencement date order. We have previously discussed the objectives of the Bill here (at page 3) in the event you wish to get a better understanding of same. | 15 October 2021 |
| Diamond Cutting (Amendment) Act, 2021 – Act No. 14 of 2021 (the “Act”) | he Act is the culmination of the ascension of the Diamond Cutting (Amendment) Bill, 2021 – Bill No. 5 of 2021 (the “Bill”). The Bill has been assented to by the President on 08 October 2021 and the Act is now on notice pending publication of a commencement date order. The object of the Act is to ensure that diamonds mined in Botswana are beneficiated (including being sorted, valued, processed, sold, bought, marketed or otherwise dealt with) in Botswana. This is achieved by inter alia, substituting the words “Mining Commissioner” wherever it appears with “authorized officer” and removing restrictive definitions and amending certain definitions such as person (a person now includes a body corporate, an unincorporated body as well as individuals) as they are used in the Diamond Cutting Act (Cap 66:04). | 15 October 2021 |
| Precious Stone and Semi-Precious Stones (Protection) (Amendment) Act, 2021 – Act No. 15 of 2021 (the “Act”) | The Act is the culmination of the ascension of the Precious and Semi-Precious Stones (Protection) (Amendment) Bill, 2021 – Bill No. 6 of 2021 (the “Bill”). The Bill has been assented to by the President on 08 October 2021 and the Act is now on notice pending publication of a commencement date order. This Act was presented as an amendment bill to the Precious and Semi-Precious Stones (Protection) Act (Cap 66:03) in order to, inter alia, substitute language enhance penalties, clarify provisions, introduce notification obligations and legislate for the dealings (or not dealing) with uncut precious stones. The object of the Act is to ensure that diamonds mined in Botswana are beneficiated (including being sorted, valued, processed, sold, bought, marketed or otherwise dealt with) in Botswana. Further, stiffer penalties have been introduced to enhance protection, and integrity of the Botswana diamond industry and to curb the illicit trade in diamonds. | 15 October 2021 |