BILL NO 9 OF 2022 (THE “BILL”)
The objective of the Bill is to repeal and re-enact the Legal Practitioners Act [Cap.61;01] (the “Act”). The Bill proposes several far-reaching changes which are summarised below:
ADMISSION AND ENROLMENT OF LEGAL PRACTITIONERS
For one to be admitted as a legal practitioner, he or she must satisfy the High Court that he or she is fit and proper person, has obtained by examination a bachelor’s degree in law from the University of Botswana or a university as may be prescribed. He or she should have passed practical or bar examinations, completed pupillage, and in respect of non-citizens, there must be a reciprocal provision in the laws of the country of which he or she is a citizen to permit a citizen of Botswana to practice in such country.
In addition to this, a new subsection has been added to define the phrase, “fit and proper.” In terms of the Bill, for one to be considered fit and proper, he or she shall not have been convicted of a serious offence in terms of the Proceeds and Instruments of Crime Act, shall not have been convicted outside Botswana of a criminal offence which if committed in Botswana would have been a serious criminal offence, shall not be an unrehabilitated insolvent, shall not have been a subject of any investigation by supervisory authority or investigatory authority in terms of the Financial Intelligence Act, 2022 No. 2 of 2022, and shall not have held a senior management position in a company that is disqualifed from trading by a professional body or supervisory authority. [ Read more ]