The objective of this report is to inform our clients of any new legislative developments during the reporting period of September 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 |
| Public Health (Notification of Disease) (Covid-19) Order, 2021 – S.I. No. 78 of 2021 (the “Regulations”) | Published in the Government Gazette Extraordinary, the Regulations provide that the Minister of Health and Wellness (the “Minister”) has declared Covid-19 a notifiable disease in terms of the Public Health Act [Cap 63:01] being a disease which is, inter alia, under surveillance and any positive case thereof must be reported to the Minster in writing. | 28 September 2021 |
| Public Health (Prevention of Introduction or Spread of Covid-19) Order, 2021 – S.I. No. 79 of 2021 (the “Regulations”) | Published in the Government Gazette Extraordinary, the Regulations provide that in order to control the spread of COVID-19, a person shall be subjected to requirements or conditions for medical examination, detention, quarantine, cleansing, vaccination, isolation or medical surveillance or otherwise, of that person entering Botswana or the examination, detention or cleansing or otherwise of any article or thing introduced into Botswana, at its borders or any part of Botswana. A person who refuses to be subjected to the above commits and offence and is liable to a fine not exceeding BWP5,000.00 or a term of imprisonment not exceeding 1 year, or both. A person who enters Botswana shall: • at the port of entry, present a negative Polymerase Chain Reaction test (“PCR test”) result, or any other test result as the Director of Health Services (the “Director”) may determine, not older than 72 hours from time of departure from the country of origin; or • at their own cost, where he or she is unable to present a negative PCR test result (i) be required to undertake immediate Covid-19 PCR testing and isolate within the district of port of entry where the test result is positive. Further, where the Director considers it necessary, any person who enters Botswana may be required to undertake immediate COVID-19 testing | 28 September 2021 |
| Public Health (Covid-19 Control Measures) Order, 2021 – S.I. No. 80 of 2021 (the “Regulations”) | Published in the Government Gazette Extraordinary, the Regulations provide that certain COVID-19 protocols that were in place during the state of nation emergency remain in place, now in terms of section 177 of the Public health Act [Cao 63:01]. Namely: • Wearing a face mask in a gathering, public place or public service vehicle; • Maintaining social distance of 1-2 metres from another person in a gathering, a lace of trade or business a school and industry or place where goods and services are offered to the public and a public place or any public service vehicle; • People in charge of a trade, business, school, industry or place where goods and services are offered to the public including public service vehicles must provide a person accessing such place or vehicle with clean water and soap to wash their hands or with a hand sanitiser with alcohol content of at least 70% and place distance makers to ensure that persons accessing the place or vehicle comply with social distance requirements; • A person exposed for COVID-19 shall quarantine for a minimum period of 14 days at a place where the Director of Health Services may specify and undergo a COVID-19 test thereafter; and • A person who tests positive for COVID-19 and who has not recovered, shall isolate at such place as the Director of Health Services may specify for a period of 10 days or some other period as the Director of health Services may determine. The Regulations provide that a: • person who has a medical conduction of disability which makes wearing a face mask unsuitable where such condition or disability is certified in writing shall not be required to wear a face mask; • parent of guardian of a child, or a person responsible for the case of a child shall, as far as practically possible, ensure that the child is wearing a face mask when the child is in a public place or public service vehicle; and • parent or guardian of an infant shall not be required to place a face mask on an infant. | 28 September 2021 |
| Botswana National Sport Commission (Covid-19) (Sport Safety Standards) Regulations, 2021 – S.I. No. 81 of 2021 (the “Regulations”) | Published in the Government Gazette Extraordinary, the Regulations provide for certain COVID-19 protocols that must be observed at every sport activity. Namely: • appointment of a SHE officer; • participants of non-vigorous sport activities (such as chess, bridge, darts, golf and bowling) must wear a face mask; • disinfection of sport facilities; • team members must present a negative COVID-19 Polymerase Chain Reaction test prior to taking art in training camps for vigorous sport activates (such as football, athletics, boxing, netball, tennis, basketball etc.) or before any game or sporting event when there is no training camp. | 28 September 2021 |
| Road Traffic (Amendment) Regulations, 2021 – S.I. No. 82 of 2021 (the “Regulations”) | Published in the Government Gazette Extraordinary, the Regulations provide that effective 1 October 2021: • a person shall not sell any item or eat in a public service vehicle; • a public service vehicle shall stop after every 2 hours 30 minutes to allow passengers to eat on long distance travel; • a public transport operator shall ensure that a seat on a public service vehicle is not shared unless a child or infant is sharing with their parent or guardian of person responsible for them; • a public transport operator shall ensure that no standing is allowed; and • notice must be conspicuously displayed inside a public service vehicle stating the load that may be carried therein in the following terms “CERTIFIED TO CARRY …….. PASSENGERS SEATED, AND…………….. KG GOODS.” | 28 September 2021 |
| Control of Goods, Prices and Other Charges (Restriction on the Importation of School Uniform Regulations, 2021 – S.I. No. 76 of 2021 (the “Regulations”) | Published in the Government Gazette Extraordinary, the Regulations provide that no person shall import school uniform except with a permit issued under the Regulations. The application for a permit to import school uniform under the Regulations to the Director of the Department of International Trade (the “Director”) in the prescribed form and accompanied by an application fee of BWP100.00. Further, where the Director approves an application for a permit to import school uniform, the Director shall issue the applicant with the import permit in the prescribed form within 21 days of receiving the application. The Director may make the import permit subject to such conditions as they may consider necessary which must include the validity period of such import permit. Where an application for a permit is refused, the Director must notify the applicant in writing stating the reasons for refusing the application and an applicant aggrieved with the refusal to issue an import permit may appeal to the Minister of Investment, Trade and Industry within 30 days of receiving the Director’s decision. | 06 September 2021 |
| Programmatic Economic Resilience and Green Recovery Development Programme (International Bank for Reconstruction and Development (IBRD)) (Loan Authorisation) Act, 2021 – Bill No. 28 of 2021 (the “Act”) | Published in the Government Gazette Extraordinary, the Act is an act to authorise the raising by the government of a loan from the International Bank of Reconstruction and Development (IBRD) for the purpose of budget support for the financing of the Economic Resilience and Green Recovery Development Programme for purposes of, inter alia, supporting the response to the Covid-19 pandemic, strengthening private sector development and promoting a resilient green recovery. | 17 September 2021 |
| Wildlife Conversation and National Parks (Open Season Hunting Declaration) Order, 2021 – S.I. No. 27 of 2021 (the “Order”) | Published in the Government Gazette Extraordinary, the object of the Order is to declare an open hunting season for special elephant quota from 5 April 2022 to 31 December 2022. For the period of 5 April 2022 to 31 January 2023 is also declared open season in Controlled Hunting Areas CT 16, CT 18, CT 24, CT25 and NE 1 (as defined in the Wildlife Conservation and National Parks Act [Cap. 38:01] for hunting elephants only, by citizens. For the period of 5 April 2022 to 13 September 2022 is declared open hunting season in Controlled Hunting Area. | 01 September 2021 |