Botswana > General provisions

Botswana - General provisions - Law, Act

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

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.

Botswana - General provisions - Law, Act

Companies (Amendment) Act, 2022 (Act 7, 2022). -

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

Botswana - General provisions - Law, Act

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

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

Botswana - General provisions - Regulation, Decree, Ordinance

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

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.

PULA!

Dr. Mokgweetsi Eric Keabetswe Masisi,
President.

Botswana - General provisions - Regulation, Decree, Ordinance

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

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
President.

Botswana - General provisions - Law, Act

Chemical Weapons (Prohibition) Act (Act 25, 2014). -

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.

Botswana - General provisions - Law, Act

Special Economic Zones Act (Act 13, 2015). -

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.

Botswana - General provisions - Law, Act

Counter-Terrorism Act (Act 24, 2014). -

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.

Botswana - General provisions - Law, Act

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

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

Botswana - General provisions - Law, Act

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

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.

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

Decent Work Country Program 2011-2015. -

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

Botswana - General provisions - Law, Act

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

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.

Botswana - General provisions - Law, Act

Competition Act (Act No. 17 of 2009). -

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.

Botswana - General provisions - Law, Act

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

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.

Botswana - General provisions - Law, Act

Industrial Development Regulations (Chapter 43:01). -

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

Botswana - General provisions - Law, Act

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

Adoption: 2006 | BWA-2006-L-76155

Botswana - General provisions - Law, Act

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

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.

Botswana - General provisions - Law, Act

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

Adoption: 2005 | BWA-2005-L-76152

Botswana - General provisions - Law, Act

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

Adoption: 2005 | BWA-2005-L-76153

Botswana - General provisions - Law, Act

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

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.

Botswana - General provisions - Law, Act

Companies Act, 2003 (Act No. 32 of 2004). -

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.

Botswana - General provisions - Law, Act

Employment (Amendment) Act, 2003 - Act No. 14 of 2003.

Adoption: 2003 | BWA-2003-L-76149

Amends the Act in order to better protect employees if the business for which they are working goes insolvent. It also establishes a Labour Advisory Board which advises the Minister on certain labour related matters.

Botswana - General provisions - Law, Act

Prisons (Amendment) Act, 1999 (No. 12 of 2000).

Adoption: 2000-09-29 | Date of entry into force: 2000-10-06 | BWA-2000-L-58416

Amends Prison Act. Regulates appointment of prison officers, release of terminally ill prisoners, order of extramural labour for offenders by Court and by Commissioner and official visitors.

Botswana - General provisions - Law, Act

Citizenship Act (Cap 01-01) (Act No. 8 of 1998). -

Adoption: 1998-04-24 | BWA-1998-L-84984

1. Short title
2. Interpretation
3. Establishment of Citizenship Committee
4. Citizenship by birth
5. Citizenship by descent
6. Citizenship by settlement
7. Citizenship by adoption
8. Registration of adopted child over three years old
9. Registration of a minor child of citizen
10. President's power to register citizens
11. Effect of registration as a citizen
12. Naturalization
13. Qualifications for naturalization
14. Naturalization of foreign spouse
15. Dual citizenship
16. Renunciation of citizenship by reason of dual citizenship or nationality
17. Resumption of citizenship
18. Deprivation of citizenship
19. Commonwealth citizen
20. Posthumous children
21. Certificate of citizenship in case of doubt
22. Decision of Minister to be final
23. Evidence
24. Offences
25. Regulations
26. Preservation of existing citizenship
27. Saving

Botswana - General provisions - Constitution

Constitution (Amendment) Act, 1997 (No. 16 of 1997).

Adoption: 1997-08-06 | Date of entry into force: 1997-08-29 | BWA-1997-C-57664

Amends section 39 of the Constitution with regard to the election of the Vice-President.

Botswana - General provisions - Constitution

Constitution (Amendment) Act, 1997 (No. 18 of 1997).

Adoption: 1997-08-06 | BWA-1997-C-57665

Amends sections 65, 66 and 67 of the Constitution with regard to appointment of the Independent Electoral Commission, and the Secretary of this Commission.

Botswana - General provisions - Law, Act

Ombudsman Act (Cap 02:12) (Act No. 5 of 1995). -

Adoption: 1995 | Date of entry into force: 1997-12-01 | BWA-1995-L-84985

1. Short title
2. Appointment and tenure of office of Ombudsman
3. Matters subject to investigation
4. Matters not to be investigated by Ombudsman
5. Manner of making complaint
6. Procedure in respect of investigation
7. Evidence
8. Proceedings after investigation
9. Discharge of functions of Ombudsman
10. Investigation not to affect departmental action
11. Privilege of communication
12. Expenses and allowances
13. Administrative expenses
14. Offences
15. Regulations

Botswana - General provisions - Constitution

Constitution (Amendment) Act, 1992 (No. 27 of 1992).

Adoption: 1992-09-23 | Date of entry into force: 1992-10-09 | BWA-1992-C-31243

This Act amends section 58, subsection 2a, of the Constitution by substituting for the words "34 Elected Members" the words "40 Elected Members".

Botswana - General provisions - Law, Act

Employment (Amendment) Act 1992. No. 26.

Adoption: 1992-09-05 | Date of entry into force: 1992-10-09 | BWA-1992-L-31242

Amended in respect of the definition of "casual employee", "serious misconduct", the granting of severance benefits, work during rest periods, overtime, annual paid holidays, sick leave, and maternity leave.

Botswana - General provisions - Law, Act

Industrial Development Act (Chapter 43:01). -

Adoption: 1988-11-15 | Date of entry into force: 1988-11-25 | BWA-1988-L-7244

The Act provides for the establishment of the Industrial Development Authority, which is responsible for issuing manufacturing licences, reviewing policy on industrial development, inspecting industrial enterprises to ensure compliance with labour laws, and collecting information and data required to monitor industrial development. Under this Act, regulations may be made to limit licensing to carry on certain enterprises to citizens of Botswana or companies wholly owned by them. Repeals the Industrial Development Act (Cap. 43:01).

Botswana - General provisions - Regulation, Decree, Ordinance

Regulations for Industrial Employees, 1975 (revised 1988).

Adoption: 1988-02 | BWA-1988-R-59610

Deals with various aspects of work by industrial employees. Part 2 regulates recruitment, Part 3 pay and allowances, Part 4 working hours, and Part 5 overtime. Parts 6 and 7 deal with leave, sickness, injury and medical examinations. Conduct and discipline are regulated in Part 8. Part 9 provides for training, Part 10 for promotion, and Part 11 for termination of employment. Part 12 contains provisions regarding welfare, protective clothing and labour officers. Part 13 makes provision for joint consultations, works committees, and settlement of grievances.

Botswana - General provisions - Constitution

Constitution of Botswana (Amendment) Act, 1987 (No. 22 of 1987).

Adoption: 1987-10-05 | Date of entry into force: 1987-11-10 | BWA-1987-C-57662

Amends sections 33, 39, 66, 96, 97, and 101 of the Constitution. Deals, inter alia, with presidential elections and the supervision of elections.

Botswana - General provisions - Law, Act

Penal Code. -

Adoption: 1986 | BWA-1986-L-61336

Criminal Code of Botswana. Part I contains general provisions. Part II deals with different types of crime. Division I provides for offences against public order, Division II for offences against administration of lawful authority, Division III for offences injurious to the public in general, Division IV for offences against the person, Division V for offences relating to property, Division VI for malicious injuries to property, Division VII for forgery, Division VIII for offences relating to corrupt practices, Division IX for attempts and conspiracies to commit crimes and accessories after the fact, and finally, Division X for indecent advertisements.

Botswana - General provisions - Law, Act

Employment Act 1982 (Cap 47:01) (Act 29, 1982). -

Adoption: 1982-11-30 | BWA-1982-L-842

An Act to repeal and replace the Employment Act in order to amend the law relating to employment, to make comprehensive provision therefore and to provide for matters incidental thereto and connected therewith. Inter alia, Part III: Contracts of Employment; Part V: Recruitment; Part VI: Forced labour; Part VII: Protection of wages; Part VIII: Rest periods, hours of work, holidays, etc.; Part XI: Employment of children and young persons; Part XII: Employment of females; Part XVI: Determination of minimum wages.

In 2010, the Act was amended by the Employment (Amendment) Act 2010 (Act No. 10 of 2010). The Act introduced changes to section 23 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.

Botswana - General provisions - Law, Act

Prisons Act (Cap 21:03) (Act No. 28 of 1979). -

Adoption: 1979 | Date of entry into force: 1980-03-01 | BWA-1979-L-84992

An Act to repeal and replace the Prisons Act to provide for the modernization of the Prison Service and generally for the bringing up to date and rationalization of the law governing prisons and prisoners and for matters connected therewith.

Botswana - General provisions - Law, Act

Electoral Act (Act No. 38 of 1968) (Chapter 02:09). -

Adoption: 1968-05-17 | BWA-1968-L-81612

Part I - Introductory
Part II - Disqualification of Voters
Part III - Registration of Voters and Preparation of Rolls
Part IV - Appeals, Objections and Cancellations
Part V - Supplementary
Part VI - Elections
Part VII - Polling
Part VIII - Election Expenses and Election Agents
Part IX - Corrupt and Illegal Practices
Part X - Election Petitions
Part XI - Offences
Part XII - Miscellaneous

Botswana - General provisions - Law, Act

Public Order (Act 6, 1967) (Chapter 22:02).

Adoption: 1967-04-28 | BWA-1967-L-81614

Contains provisions concerning the preservation of public order on the occasion of public meetings and processions. Provides penalties for disobeying a direction or violating the conditions of a permit. States when public meetings and processions are unlawful.

Botswana - General provisions - Constitution

Constitution of Botswana. -

Adoption: 1966 | BWA-1966-C-844

Botswana - General provisions - Law, Act

Local Government (District Councils) Act (Cap. 40:01) (Act No. 35 of 1965). -

Adoption: 1965-12-31 | BWA-1965-L-84987

An Act to provide for the establishment of District Councils and to provide for matters incidental thereto or connected therewith.

Botswana - General provisions - Law, Act

National Development Bank Act (Chapter 74:05). -

Adoption: 1963 | Date of entry into force: 1964-05-01 | BWA-1963-L-91546

An Act to provide for the establishment and administration of a National Development Bank, the powers, duties and functions of the bank, and for matters incidental thereto.

Botswana - General provisions - Law, Act

Criminal Procedure and Evidence Act, 1939. -

Adoption: 1939-01-01 | BWA-1939-L-61337

Comprehensive legislation on criminal procedure. Divided into 22 parts, which deal with the following matters: criminal jurisdiction of courts, prosecution at the public instance, private prosecutions, prescription of offences, arrests, search warrants and seizures, preparatoy examination, bail, indictments and summons, procedure before the commencement of trial, procedure in case of insanity or other incapacity of an accused person, procedure after commencement of trial, witnesses and evidence in criminal proceedings, discharge of accused persons, previous convictions, judgement on criminal trial, punishments, costs and compensation, reconciliation, appeals, as well as pardon and commutation.

Botswana - General provisions - Law, Act

Witchcraft Act (Cap. 09:02) (Proc. 7, 1927). -

Adoption: 1927-04-29 | BWA-1927-L-84995

1. Short title
2. Offence to practise witchcraft
3. Habitual witch doctor
4. Offence to employ witch doctor
5. Offence to profess to be a witch or wizard
6. Offence to follow witch doctor's advice
7. Fortune telling, etc., for gain