The objective of this report is to inform our clients of any new legislative developments during the reporting period of May 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, and any other statutory instruments and Bills before the National Assembly.
For purposes of the below table, defined terms used in each row shall bear the meaning as given thereto in their respective row and shall not bear the same meaning when used in other rows.
| Update | Comment | Date Published |
| Registration of Business Names (Amendment) Act (Date of Commencement) Order, 2021– S.I. No. 43 of 2021 (the “Order”) | The Order commences the Registration of Business Names (Amendment) Act (Act No.10 of 2012) as at 7 May 2021. The Registration of Business Names (Amendment) Act was passed to amend the Companies Act as a consequence of the enactment of the Companies and Intellectual Property Authority Act (CAP 42:13) and it provides for the appoint of the Registrar of the Companies and Business names. | 7 May 2021 |
| Companies (Amendment) Act (Date of Commencement) Order, 2021 – S.I. No. 44 of 2021 (the “Order”) | The Order commences the Companies (Amendment) Act (Act No. 12 of 2012) as at 7 May 2021. The Companies (Amendment) Act (Act No. 12 of 2012) was passed to amend the Companies Act as a consequence of the enactment of the Companies and Intellectual Property Authority Act (CAP 42:13) and it provides for the appoint of the Registrar of the Companies and Business names. | 7 May 2021 |
| Industrial Property (Amendment) Act (Date of Commencement) Order, 2021 – S.I. No. 45 of 2021 (the “Order”) | The Order commences the Industrial Property (Amendment) Act (Act No. 7 of 2013) as at 7 May 2021. | 7 May 2021 |
| Income Tax (Amendment) Act 2021 – Act No. 6 of 2021 (the “Act”) | The Act was assented to on 29 April 2021 and is on notice. Please see our Legislative update for the Month of March 2021. | 14 May 2021 |
| Sexual Offenders Registry Act, 2021 – Act No. 7 of 2021 (the “Act”) | The Act was assented to on 29 April 2021 and is on notice. The Act makes provision for the establishment of a sexual offenders register and a sexual offenders inter-sectoral council. The Act provides, in its schedule a list of offences which would amount to a sexual offence. Further, the Act mandates a person who has been convicted of a sexual offence in Botswana or outside Botswana to disclosure such conviction to a prospective or existing employer in an institution, entity or trade that has vulnerable persons in its care or that provides service to such persons. Failure to disclose is an offence which attracts a fine not exceeding BWP 200,000.00 or to imprisonment for a term not exceeding 3 years or both. Vulnerable person means a child, a person with disability, a hospitalised person, or a person who has attained the age of 60 and above. | 14 May 2021 |