The objective of this report is to inform our clients of any new legislative developments during the reporting period of July and August 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 when used in other rows.
| Update | Comment | Date Published |
| Wildlife Conservation and National Parks (hunting and Licencing) (Amendment) Regulations, 2021 – S.I No. 62 of 2021 (the “Regulations”) | The Regulations amend the Seventh Schedule of the Wildlife Conservation and National Parks (Hunting and Licencing) Regulations, 2001 (as amended) – S.I. No. 35 of 2001. In terms of the Regulations: • Buffalo/Nare – the fees payable for each licence to hunt this species is now BWP1,500 for citizens and BWP5,000 for non-citizens which are reductions from the previous fees of BWP5,240 and BWP25,000 respectively. The maximum number of Single Game Licences to be held by one person in one season to hunt this species is 1 for citizens and 5 for non-citizens which is an increase from a 1 licence maximum for non-citizens; • Elephant/Tlou – the fees payable for each licence to hunt this species is now BWP8,000 for citizens and BWP20,000 for non-citizens which are reductions from the previous fees of BWP28,000 and BWP70,000 respectively. The maximum number of Single Game Licences to be held by one person in one season to hunt this species is 1 for citizens and 5 for non-citizens which is an increase from a 1 licence maximum for non-citizens; and • Leopard/Letotse – the fees payable for each licence to hunt this species is now BWP1,500 for citizens and BWP10,000 for non-citizens which are reductions from the previous fees of BWP5,240 and BWP50,000 respectively. The maximum number of Single Game Licences to be held by one person in one season to hunt this species is 1 for citizens and 2 for non-citizens which is an increase from a 1 licence maximum for non-citizens. The fees payable and maximum limits for the remaining species remain unchanged. | 23 July 2021 |
| Securities (Institutions Licencing) (Amendment) Regulations, 2021 – S.I. No. 65 of 2021 (the “Regulations”) | These Regulations revoke the Securities (Institutions Licencing) (Amendment) Regulations, 2020 – S.I. No. 49 of 2020 and set out the licencing fees payable for licencing required and applied for in terms of the Securities Act [Cap 56:08] as read with the extant Securities (Institutions Licencing) Regulations. We remain available to advise on the types of activities for which licencing is required and the respective applicable fees. Please contact us for further information. | 30 July 2021 |
| Securities (Persons Operating a Securities Infrastructure Business) Amendment Regulations, 2021 – S.I. N0 66 of 2021 (the “Regulations”) | These Regulations revoke the Securities (Persons Operating a Securities Infrastructure Business) Amendment Regulations, 2020 – S.I. No. 48 of 2020 and set out licencing fees payable for licencing required and applied for in terms of the Securities Act [Cap 56:08] as read with the extant Securities (Persons Operating a Securities Infrastructure Business) Regulations. We remain available to advise on the types of activities for which licencing is required and the respective applicable fees. Please contact us for further information. | 30 July 2021 |
| Retirement Funds (Amendment) Regulations, 2021 – S.I. No 67 of 2021 (the “Regulations”) | These Regulations revoke the Retirement Funds (Amendment) Regulations, 2020 – S.I. No. 50 of 2020 and set out licencing fees payable for licencing required and applied for in terms of the Retirement Funds Act [Cap 27:03] as read with the extant Retirement Funds Regulations. We remain available to advise on the types of activities for which licencing is required and the respective applicable fees. Please contact us for further information. | 30 July 2021 |
| Income Tax (Bodies Corporate Exempt from Tax) (Amendment) Regulations, 2021 – S.I. No. 63 of 2021 (the “Regulations”) | The Regulations, amending the extant Income Tax (Bodies Corporate Exempt from Tax) Regulations, 2016 – S.I. 41 of 2016, adding Botswana Privatisation Asset Holdings to the bodies corporate exempt from paying tax under the Income Tax Act [Cap 52:01]. | 23 July 2021 |
| Excise Duty Amendment of Schedule (No. 13) Notice, 2021 – S.I. No. 59 of 2021 (the “Notice”) | The Notice advises of changes made to various Schedules and Annexures as they appear in the substantive Excise Duty Act (No. 4 of 2018) (the “Excise Duty Act”). The provisions of the Excise Duty Act which specifically referred to the European Union (the “EU”) were promulgated at a time when the UK was part of the EU. Since the UK has left the EU, those same provisions were amended to specifically make additional reference to the UK as such to extend the same privileges and exclusions to the United Kingdom (the “UK”) in the same manner as they extend to the EU as currently constituted. This is following the UK’s exit from the EU in 2020 (“Brexit”) and the Brexit transition period coming to an end. | 9 July 2021 |
| Corruption and Economic Crimes (Amendment) Bill, 2021 – Bill No. 27 of 2021 (the “Bill”) | Published in the Government Gazette Extraordinary, the object of the Bill is to amend the Corruption and Economic Crimes Act [Cap. 08:05] (the “Act”) with a view of making it more independent in form and function, thereby enhancing its efficiency. The Bill does this, inter alia, by: expanding the composition of the Directorate on Corruption and Economic Crime (the “DCEC”) from mainstream public service by removing sections from the Act which made employees of the DCEC public servants; clothing the DCEC with corporate status thus imbuing it with the autonomy to hire its own staff; creating an autonomous structure being the Commission of for the Directorate of Economic Crimes (the “Board”); and amending the power to appoint the Director General of the DCEC from the President of Botswana solely to now make such power to appoint based on the recommendation of the Board. | Government Gazette Extraordinary – 02 August 2021 |
| Civil Aviation (Construction of Visual and Instrument Flight Procedures) Regulations, 2021 – S.I No. 68 of 2021 (the “Regulations”) | The Regulations are promulgated in terms of Civil Aviation Act [Cap. 71:01] provide for the construction of visual and instrument flight procedures applicable to any person providing an instrument flight procedure design service within a designated airspace and at an aerodrome for civil aviation purposes In terms of the Regulations, instrument flight procedure design services are defined as services established for the design, documentation, validation, maintenance and periodic review of instrument flight procedures necessary for the safety, regularity and efficiency of air navigation. The Regulations provide, inter alia, for: requirements for the provision of an instrument flight procedure design services; the competency requirements for an instrument flight procedure design service designer; approvals of instrument flight procedures by the Civil Aviation Authority (the “Authority”); limits of usability of an aerodrome; exemptions from the Regulations, applications for same, requirements for same and evaluations of such applications; licencing of instrument flight procedure design service designers, suspension of such licences, failure to comply with directions, appeals to decisions of the Authority, savings and transition periods subsequent to the coming into effect of the Regulations; and offences and penalties for failing to abide by the provisions of the Regulations. | 06 August 2021 |
| Weights and Measures (Assize Fees) (Amendment) Regulations, 2021 – S.I. No. 69 of 2021 (the “Regulations”) | The Regulations seek to amend the fees payable by traders and their activities subject to the Weights and Measures Act [Cap. 43:06] that appear in the First Schedule of the Regulations. We remain available to advise on the types of activities and instruments, weights and capacities to which the fees are applicable. Please contact us for further information. | 06 August 2021 |
| Liquor (Amendment) Bill, 2021 – Bill No. 28 of 2021 (the “Bill”) | The Bill intends to make amendments to the Liquor Act [Cap. 43:11] (the “Act”) by inserting provisions: which provides that a wholesale liquor or distributor liquor to only sell liquor to a person who holds a liquor licence issued in terms of the Act; prohibiting the consumption of alcoholic beverages on licences premises where the Director of Health Services declares a public health emergency in terms of section 23 of the Public Health Act [Cap. 63:01]; and increasing the penalties from consumption of alcohol in gazetted areas. | Government Gazette Extraordinary – 06 August 2021 |
| Designations made by the United Nations Security Council – G.N. No. 448 of 2021 (the “Notice”) | Regulations [S.I. 9 of 2020] made in terms of the Counter-terrorism Act [Cap. 08:08]. The Notice, published in the Government Gazette Extraordinary, gives notice to the general public on recent updates made to the list of names of persons, entities or groups designated by a competent United Nations body as persons, entities or groups against whom member states must take action for the prevention and combating of any activity specified in the applicable resolution (the “UN List”). The Notice further notifies the public that it is an offence to deal, knowingly or having reasonable cause to suspect, with property or economic resources held or controlled directly or indirectly or the property or economic resources wholly or jointly held by a person designated in the UN List. The complete UN List can be found at https://www.interpol.int/How-we-work/Notices/View-UN-Notices-Entities and https://www.interpol.int/How-we-work/Notices/View-UN-Notices-Individuals. | 13 August 2021 |
| Liquor (Amendment) Bill, 2021 – Bill No. 29 of 2021 (the “New Bill”) | The New Bill is meant to replace the Liquor (Amendment) Bill, 2021 – Bill No. 28 of 2021. The only change that the New Bill introduces is to increase the penalty amount for consumption of alcohol in public areas or gazetted areas from BWP5,000 to BWP10,000. | Government Gazette Extraordinary – 20 August 2021 |
| Liquor (Exemption) (No.10) Regulations, 2021 – S.I. No. 71 of 2021 (the “Regulations”) | In terms of the Regulations, discotheques and nightclubs are exempt from the requirement to apply for the renewal of liquor licences and payment of liquor licence fees and a penalty for a period of 2 years with effect from 1 April 2020 to 31 March 2022. | 27 August 2021 |