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Country: Botswana

  1. Botswana - - Law, Act

    Societies Act (Act 6, 2022) (CHAPTER 18:01). - Legislation on-line

    Adoption: 2022-02-25 | BWA-2022-L-113960

    An Act to regulate the registration, monitoring and supervision of societies and matters incidental thereto and connected with.

  2. Botswana - - Law, Act

    Companies (Amendment) Act, 2022 (Act 7, 2022). - Legislation on-line

    Adoption: 2022-02-25 | BWA-2022-L-113961

  3. Botswana - - Law, Act

    Criminal Procedure and Evidence (Controlled Investigations) Act, 2022 (Act 14, 2022). - Legislation on-line

    Adoption: 2022-02-25 | BWA-2022-L-113962

    An Act to provide for the authorisation of investigations for purposes of controlled investigations and the gathering of criminal evidence within and outside Botswana and to provide for any other related matters.

    PART I — Preliminary
    PART II — Undercover Operations
    PART III — Interception of Communications
    PART IV — Handling of Information from Controlled Investigations
    PART V — Admissibility of Evidence
    PART VI — Miscellaneous Provisions

  4. Botswana - - Regulation, Decree, Ordinance

    Declaration of State of Public Emergency (S.I. 59 of 2020). - Legislation on-line

    Adoption: 2020-03-31 | BWA-2020-R-110016

    WHEREAS it is provided by section 17 (1) of the Constitution that the President may at any time declare that a state of public emergency exists;

    AND WHEREAS on 11th March, 2020, the World Health Organization declared the COVID-19 outbreak as a “global pandemic”;

    AND WHEREAS it is necessary to declare a state of public emergency for the purpose of taking the necessary measures to address the risks posed by COVID-19;

    NOW THEREFORE in exercise of the powers conferred upon me by section 17 (1) of the Constitution, I, DR. MOKGWEETSI ERIC KEABETSWE MASISI, President of the Republic of Botswana, hereby proclaim and declare a state of public emergency with effect from midnight of 2nd April, 2020.

    Given under my hand and the Public Seal at Gaborone this 31st day of March, 2020.


    Dr. Mokgweetsi Eric Keabetswe Masisi,

  5. Botswana - - Regulation, Decree, Ordinance

    Trade (Amendment) Regulations, 2020 (SI 40 of 2020). - Legislation on-line

    Adoption: 2020-03-28 | BWA-2020-R-110018

    IN RECOGNITION of the risk posed by the COVID-19 pandemic and in exercise of the powers conferred on the Minister of Investment, Trade and Industry by section 31 of the Trade Act, the following Regulations are hereby made —

    1. Citation and commencement
    These Regulations may be cited as the Trade (Amendment) Regulations 2020 and shall come into operation on 28th March, 2020.

    2. Amendment of regulation 3 of Cap. 43:02 (Sub. Leg.)
    The Trade Regulations are amended in regulation 3 by suspending operation of the licences for the following trades or businesses, until further notice —
    (a) amusement arcade;
    (b) hair or beauty parlour; and
    (c) gymnasium.

    Peggy O. Serame,
    Minister of Investment, Trade and Industry.

  6. Botswana - - Regulation, Decree, Ordinance

    Essential Supplies and Services (Availability of Supplies at Fair Price) Regulations, 2020 (SI 57 of 2020). - Legislation on-line

    Adoption: 2020-03-27 | BWA-2020-R-110017

    IN RECOGNITION of the risk posed by the COVID-19 pandemic and in exercise of the powers conferred on the President by section 3 (1) (a) of the Essential Supplies and Services Act, the following Regulations are hereby made —

    1. Citation
    These Regulations may be cited as the Essential Supplies (Availability of Supplies at Fair Price) Regulations, 2020.

    2. Availability of supplies at fair price
    A trader shall not increase the prices of the following supplies by more than the cost incurred to procure or produce the supplies —
    (a) medical supplies and equipment including sanitisers, gloves, masks and hygiene supplies;
    (b) pharmaceutical supplies;
    (c) food supplies; and
    (d) commercial goods.

    Dr. Mokgweetsi Eric Keabetswe Masisi

  7. Botswana - - Regulation, Decree, Ordinance

    Public Finance Management (Covid-19 Pandemic (Corona Virus) Relief Fund) Order, 2020 (S.I. 38 of 2020). - Legislation on-line

    Adoption: 2020-03-25 | BWA-2020-R-110019

    Establishes the COVID-19 Pandemic (Corona Virus) Relief Fund. The purpose of the Fund is to respond to the economic and social impact of the COVID-19 pandemic through provision of relief funding for the control, prevention and treatment of the disease and the after effect.

  8. Botswana - - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    RIATT-ESA Strategic Plan and Costed Implementation Plan (2019-2022).

    Adoption: 2019 | INT-2019-M-111800

  9. Botswana - - Law, Act

    Chemical Weapons (Prohibition) Act (Act 25, 2014). - Legislation on-line

    Adoption: 2018-06-29 | BWA-2018-L-108625

    An Act to re-enact with amendments, the Chemical Weapons (Prohibition) Act and to provide for the prohibition of the development, production, acquisition, stockpiling, retention, transfer and use of chemical weapons, the co-ordination of the management of chemical weapons, nuclear weapons and the management of biological and toxin weapons, and other matters incidental thereto.

  10. Botswana - - Law, Act

    Whistleblowing Act (Act 9, 2016). - Legislation on-line

    Adoption: 2016-12-01 | BWA-2016-L-108628

    An Act to provide for the manner in which a person may disclose conduct adverse to the public interest; to provide for the manner of reporting and investigations of disclosures of impropriety; and the protection against victimisation of persons who make the disclosures; and to provide for related matters.

  11. Botswana - - Law, Act

    Special Economic Zones Act (Act 13, 2015). - Legislation on-line

    Adoption: 2016-05-02 | BWA-2016-L-108627

    An Act to make provision for the establishment, development and management of special economic zones; for creating a conducive environment for local and foreign investment; to facilitate expansion of employment opportunities, attainment of economic growth targets and to provide for matters related therewith and incidental thereto.

  12. Botswana - - Law, Act

    Counter-Terrorism Act (Act 24, 2014). - Legislation on-line

    Adoption: 2015-05-01 | BWA-2015-L-108626

    An Act to provide for measures to prevent and combat acts of terrorism including financing of terrorism; to establish the Counter-Terrorism Analysis and Fusion Agency and to provide for matters related thereto.

  13. Botswana - - Law, Act

    Proceeds and Instruments of Crimes Act, 2014 (Act No. 28 of 2014). - Legislation on-line

    Adoption: 2014-08-28 | BWA-2014-L-103958

  14. Botswana - - Law, Act

    Retirement Funds Act, 2014 (Act No. 27 of 2014). - Legislation on-line

    Adoption: 2014-08-27 | Date of entry into force: 2017-04-01 | BWA-2014-L-98258

    Part I - Preliminary
    Part II - Licensing of Funds
    Part III - Governance of Funds
    Part IV - Financial Requirements
    Part V - Termination and Winding Up
    Part VI - Amalgamations and Transfers
    Part VII - Provisions Relating to Pension Benefits
    Part VIII - Miscellaneous Provisions

  15. Botswana - - Law, Act

    Anti Human Trafficking Act, 2014 (Act No. 32 of 2014). - Legislation on-line Legislation on-line

    Adoption: 2014 | BWA-2014-L-98257

    The Act establishes an Human Trafficking (Prohibition) Committee which is to oversee the implementation of the Act. Prohibits human trafficking, puts in place protective measures for the victims of human trafficking including the setting up of specific centres and the creation of a human trafficking victim fund.

  16. Botswana - - Law, Act

    Human Resource Development Council Act (Cap. 57:04). - Legislation on-line

    Adoption: 2013-11-08 | BWA-2013-L-108629

    An Act to establish the Human Resource Development Council and to provide for its powers and functions; and to provide for the promotion and funding of work-place training, human resource development planning and funding of tertiary education institutions and for matters connected or incidental thereto.

  17. Botswana - - Regulation, Decree, Ordinance

    Public Service Regulations 2011 (S.I. No. 50 of 2011). - Legislation on-line

    Adoption: 2011-06-24 | BWA-2011-R-91515

    Part I - Preliminary
    Part II - Constitution and Abolition of Public Service Post
    Part III - Appointments
    Part IV - General Conditions of Service
    Part V - Performance Management
    Part VI - General

    Repeals S.I. No. 39 of 2010.

  18. Botswana - - Law, Act

    Companies (Amendment) Act, 2011 (Act No. 6 of 2011). - Legislation on-line

    Adoption: 2011-05-03 | BWA-2011-L-91553

    Amends section 21 concerning competent persons to make a declaration of compliance. Also makes minor amendments to sections 106 and 297.

  19. Botswana - - Miscellaneous (circular, directive, legal notice, instruction, etc.)

    Decent Work Country Program 2011-2015. - Program on-line

    Adoption: 2011-02 | BWA-2011-M-93022

  20. Botswana - - Law, Act

    Immigration Act (Act No. 3 of 2011). - Legislation on-line Legislation on-line

    Adoption: 2011 | BWA-2011-L-91527

    Part I - Preliminary
    Part II - Immigration Procedures
    Part III - Establishment of Immigrants Selection Boards
    Part IV - Permits
    Part V - Prohibited Immigrants
    Part VI - Undesirable Immigrants
    Part VII - Miscellaneous Provisions

  21. Botswana - - Law, Act

    Employment (Amendment) Act 2010 (Act No. 10 of 2010). - ILO

    Adoption: 2010 | BWA-2010-L-91528

    This Act amends section 23 of the Employment Act concerning restrictions of the grounds upon which an employer may terminate the employment contract by adding sexual orientation and health status (including HIV/AIDS status) as prohibited grounds of discrimination. It also introduces a new section 23(e), which provides more general protection against discrimination.
    23(d) the employee's race, tribe, place of origin, social origin, marital status, gender, sexual orientation, colour, creed, health status or disability; or
    23(e) any other reason which does not affect the employee's ability to perform that employee's duties under the contract of employment.

  22. Botswana - - Law, Act

    Competition Act (Act No. 17 of 2009). - Legislation on-line

    Adoption: 2009-12-24 | BWA-2009-L-91552

    An Act to provide for the establishment of the Competition Authority, its mandate, the regulation of competition in the economy, and matters incidental thereto.

  23. Botswana - - Law, Act

    Children's Act, 2009 (No. 8 of 2009). - Legislation on-line

    Adoption: 2009-06-16 | BWA-2009-L-97343

    Part I - Preliminary
    Part II - Application, Objects and Guiding Principles of the Act
    Part III - Bill of Child Rights
    Part IV - Parental Duties and Rights
    Part V - Community and Government Support to Parents
    Part VI - Childrens Consultative Forum
    Part VII - National Children's Council
    Part VIII - Children's Courts
    Part IX - Commissioners of Child Welfare
    Part X - Children in Need of Protection
    Part XI - Offences
    Part XII - Alternative Care of Children in Need of Protection
    Part XIII - Foster Care
    Part XIV - Children in Conflict with the Law
    Part XV - Homes, Schools and Institutions for the Reception of Children
    Part XVI - Child Abduction and Trafficking in Children
    Part XVII - Miscellaneous

  24. Botswana - - Law, Act

    Public Service Act (Act No. 30 of 2008) (Cap. 26:01). - Directorate of Public Service Management Legislation on-line

    Adoption: 2008-12-26 | Date of entry into force: 2010-05-01 | BWA-2008-L-80401

    Public Service Act No 30 of 2008 is a direct result of the ratification of three International Labour Organization (ILO) Conventions by the Botswana Government in 1997. Subsequently, national labour laws were amended in 2004 to align them with the ILO Conventions following which Government appointed a Reference Committee comprising some public service unions, representatives from Government appointing authorities, Ministry of Labour and Home Affairs and Attorney Generals' Chambers to merge all employment laws governing public employees.

    Part I - Preliminary
    Part II - Public Service Structure
    Part III - Composition of the Public Service
    Part IV - General Public Service Principles and Standards
    Part V - Administration of the Public Service
    Part VI - Appointments to the Public Service
    Part VII - Termination of Appointments and Retirement
    Part VIII - Public Officers - General Provisions
    Part IX - Misconduct and Unsatisfactory Service
    Part X - Settlement of Disputes
    Part XI - Freedom of Association for Public Officers
    Part XII - Industrial Action
    Part XIII - Collective Bargaining in the Public Sector
    Part XIV - Offences and Penalties
    Part XV - Miscellaneous

  25. Botswana - - Law, Act

    Media Practitioners Act, 2008 (Act No. 29 of 2008). - Act on-line

    Adoption: 2008-12-22 | Date of entry into force: 2008-12-31 | BWA-2008-L-81615

    Part I - Preliminary
    Part II - Establishment and Membership of the Council
    Part III - Conduct of Media Practitioners
    Part IV - Committees
    Part V - Management and Staff of the Council
    Part VI - Meetings of the Council
    Part VII - Miscellaneous Provisions

  26. Botswana - - Regulation, Decree, Ordinance

    Vocational Training (Levy) Order (S.I. 9, 2008). - Legislation on-line

    Adoption: 2008-12-05 | BWA-2008-R-98273

  27. Botswana - - Regulation, Decree, Ordinance

    Radiation Protection Regulations (Chapter 24:03). - Legislation on-line

    Adoption: 2008-06-13 | BWA-2008-R-91532

    These Regulations implement and carry into effect provisions of the Radiation Protection Act in relation with, among other things, safety precautions and requirements, inspection, protection from public exposure, management of radioactive waste, classification of radioactive waste, transport of radioactive materials and emergency interventions.

  28. Botswana - - Regulation, Decree, Ordinance

    Fish Protection Regulations (Chapter 36:02). - Legislation on-line

    Adoption: 2008-05-23 | BWA-2008-R-91540

    1. Citation
    2. Interpretation
    3. Application
    4. Prohibition of catching fish without licence
    5. Application for commercial fishing licence
    6. Commercial fishing licence
    7. Duplicate fishing licence
    8. Restriction on size of gill nets
    9. Prohibition of importation of gill nets
    10. Prohibition of sale of gill nets
    11. Open season
    12. Permits that may be granted by the Director
    13. Conditions applicable to permits
    14. Appeals
    15. Prohibition of fishing without recreational licence
    16. Recreational fishing competitions
    17. Catching fish without permission of landowner or occupier
    18. Power to search
    19. Fishing at night
    20. Prohibited fishing practices
    21. Prohibition of moving fish from one water body to another
    22. General penalty

  29. Botswana - - Law, Act

    Domestic Violence Act (Cap. 28:05). - Act on-line

    Adoption: 2008-04-30 | BWA-2008-L-84993

    An Act to provide for the protection of survivors of domestic violence and for matters connected therewith.

  30. Botswana - - Law, Act

    Bogosi Act (Chapter 41:01). - Legislation on-line

    Adoption: 2008-04-30 | BWA-2008-L-91536

    This Act makes provision with respect to the recognition of tribes and certain matters regarding the administration of tribes, i.e. the institution of traditional leadership by a person designated by the tribe and recognized by the Minister.
    The Act, among other things, sets out the procedures for the designation and recognition of traditional leaders, provides for appeal against decisions of the Minister, defines the functions of traditional leaders, defines the jurisdiction of courts in matters of administration of tribes and defines regulation-making powers of the Minister.

    Repeals Chieftainship Act (Cap. 41:01).

  31. Botswana - - Law, Act

    Industrial Development Regulations (Chapter 43:01). - Legislation on-line

    Adoption: 2008-03-31 | BWA-2008-L-91545

    First adopted in 1989 (S.I. 4, 1989), these Regulations implement the Industrial Development Act in relation with the application for an industrial licence, a licence to a new product, and a licence to manufacture on a new or additional location. They also concern the registration of micro or small enterprises, prescribe the form a licence, prescribe fees and provide for cancellation of a licence if licensed operations are not commenced with a prescribed period of time.

    1. Citation
    2. Interpretation
    3. Application for industrial licence
    4. Application to produce new products
    5. Application to manufacture on additional premises
    6. Application to manufacture on new location
    7. Application to transfer a licence
    8. Form of licence
    9. Registration of micro and small enterprises
    10. Failure to commence or recommence operation
    11. Failure to pay annual licence fee
    12. Fees
    13. Reservation of enterprises for Botswana citizens

  32. Botswana - - Regulation, Decree, Ordinance

    Vocational Training (Reimbursement) Regulations (S.I. 8, 2008). - Legislation on-line

    Adoption: 2008-02-15 | BWA-2008-R-98275

  33. Botswana - - Regulation, Decree, Ordinance

    Vocational Training (Structured Training) Regulations (S.I. 74, 2006). - Legislation on-line

    Adoption: 2008-01-11 | BWA-2008-R-98274

  34. Botswana - - Law, Act

    Public Holidays Act, 2006 (Cap. 03:07) (Act 17, 2006). - Act on-line

    Adoption: 2006-09-17 | BWA-2006-L-76156

    An Act to re-enact, with amendments the Public Holidays Act. Consolidates the Public Holidays Act of 1959 along with its amendments.

  35. Botswana - - Law, Act

    Constitution (Amendment) (Consequential Provisions) (No. 2) Act, 2005 - Act No. 1 of 2006.

    Adoption: 2006 | BWA-2006-L-76155

  36. Botswana - - Law, Act

    Radiation Protection Act, 2006 - Act No. 22 of 2006. - Legislation on-line

    Adoption: 2006 | BWA-2006-L-76157

    An Act to provide for the safe use of atomic energy and nuclear technology and for matters incidental thereto.

  37. Botswana - - Regulation, Decree, Ordinance

    Regulation of Minimum Wages Order 2003 (S.I. 72, 2005).

    Adoption: 2005-12-02 | Date of entry into force: 2005-06-01 | BWA-2005-R-81617

    Provides for the minimum wage to be paid to employees in the trades or industries listed under paragraph 3 of the Order. Amends the minimum wage in various orders listed below.

  38. Botswana - - Law, Act

    Environmental Impact Assessment Act (Act No. 6 of 2005) (Cap. 65:07). - Legislation on-line

    Adoption: 2005-05-27 | BWA-2005-L-91538

    An Act to provide for environmental impact assessment to be used to assess the potential effects of planned developmental activities; to determine and to provide mitigation measures for effects of such activities as may have a significant adverse impact on the environment; to put in place a monitoring process and evaluation of the environmental impacts of implemented activities; and to provide for matters incidental to the foregoing.

  39. Botswana - - Law, Act

    Constitution (Amendment) Act, 2005 - Act No. 9 of 2005.

    Adoption: 2005 | BWA-2005-L-76152

  40. Botswana - - Law, Act

    Constitution (Amendment) (Consequential Provisions) Act, 2005 - Act No. 14 of 2005.

    Adoption: 2005 | BWA-2005-L-76153

  41. Botswana - - Regulation, Decree, Ordinance

    Vocational Training (Registration and Accreditation of Trainers and Assessors) Regulations (S.I. 32, 2004). - Legislation on-line

    Adoption: 2004-04-02 | BWA-2004-R-98272

  42. Botswana - - Regulation, Decree, Ordinance

    Accreditation of Vocational Training Institutions and Assessment Centres Regulations (S.I. 17, 2004). - Legislation on-line

    Adoption: 2004-02-17 | BWA-2004-R-98271

  43. Botswana - - Law, Act

    Small Business Act (Cap. 43:10) (Act 7, 2004). - Act on-line

    Adoption: 2004-02-13 | BWA-2004-L-84997

    An Act to establish the Local Enterprise Authority and to provide for functions and matters incidental thereto.

  44. Botswana - - Law, Act

    Control of Smoking (Amendment) Act, 2004 - Act No. 28 of 2004.

    Adoption: 2004 | BWA-2004-L-76150

  45. Botswana - - Law, Act

    Companies Act, 2003 (Act No. 32 of 2004). - Legislation on-line Commencement Order on-line

    Adoption: 2004 | Date of entry into force: 2007-03 | BWA-2004-L-76151

    Updates and consolidates the laws relating to companies. Repeals the old Companies Act (Cap. 42:01) of 10 November 1959.

  46. Botswana - - Regulation, Decree, Ordinance

    Registration of Vocational Training Institutions and Assessment Centres Regulations, 2003 (S.I. 56, 2003). - Legislation on-line

    Adoption: 2003-10-30 | BWA-2003-R-98276

  47. Botswana - - Regulation, Decree, Ordinance

    Agrochemicals Regulations (Chapter 35:09). - Legislation on-line

    Adoption: 2003-08-08 | BWA-2003-R-91534

    These Regulations implement provisions of the Agrochemicals Act with respect to registration, labelling, storage and other handling of agrochemicals as defined by the Act and record keeping by a licensee. An application to register an agrochemical shall be made to the Registrar in Form 1 set out in the First Schedule to these Regulations and shall further be accompanied by data and samples as specified by these Regulations. The Registrar shall, where he or she is satisfied that an application meets the requirements of registration, register the agrochemical and issue a registration certificate, as set out in the Second Schedule. The classification of an agrochemical on a label regarding toxicity shall be in accordance with the Fourth Schedule and the codes to be used for an agrochemical formulation on a label shall be as set out in the Fifth Schedule. A licensee shall ensure that an agrochemical distributed by him or her is approved, marked, packed and labelled in accordance with the provisions of these Regulations. The Regulations contain a provision relative to the disposal of agrochemicals.

  48. Botswana - - Law, Act

    Trade Disputes Act, 2003 (Act No. 15 of 2004) (Cap. 48:02). - Legislation on-line

    Adoption: 2003-07-09 | Date of entry into force: 2004-04-23 | BWA-2003-L-67388

    Part I: Preliminary
    Part II: Establishment of panel and procedure for settlement of trade disputes generally
    Part III: Industrial Court
    Part IV: Settlement of claims that recognised terms and conditions of employment are not being observed
    Part V: Collective Labour Agreements
    Part VI: Unlawful industrial action and enforcement of collective labour agreements
    Part VII: Protection of essential services, life and property

  49. Botswana - - Law, Act

    Trade Unions and Employers' Organisations (Amendment) Act, 2003 - Act No. 16 of 2004.

    Adoption: 2003-07-09 | BWA-2003-L-68367

    Amends Trade Unions and Employers' Organisations Act. Amendments concern sections 2, 3, 10, 12, 14, 21, 27, 28, 32, 39, 45, 48, 49, 50, 52, 53, 54, 63 and 68. Also repeals sections 22, 51, 60 and 62. Section 2 is amended to the effect that term "employee" does not include members of Botswana Defence Force, Botswana Police Service, Local Police, and Prison Service. Also provides for recognition of trade union at workplace, recognition at level of industry, organisational rights of recognised trade union, disclosure of information to recognised trade union and some related matters.

  50. Botswana - - Regulation, Decree, Ordinance

    Non-Citizens (Exemption) (Amendment) Order, 2003 (S.I. No. 5 of 2003).

    Adoption: 2003-01-30 | BWA-2003-R-65103

    Amends Schedule to Non-Citizens (Exemption) Order by inserting the following new entry: "Expatriate Employees of the Public Enterprise Evaluation and Privatisation Agency".

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