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The Income Tax (Superannuation Funds) Regulations No. 147 of 2022

The Income Tax (Superannuation Funds) Regulations No. 147 of 2022 (“the Regulations”) were signed by the Minister of Finance on October 25, 2022. The Regulations came into effect on 11 November 2022. One of the significant changes brought about by the Regulations is that the rules of a pension fund may now allow a retiree to withdraw up to 50% of his or her pension at retirement. Previously, a retiree was only allowed to withdraw up to 33.5%. Furthermore, an employee who is a member of pension funds where his or her employer contributes at least 51 percent of total contributions may now retire at any time after the age of 45, provided his or her employer approves same.

Minchin Kelly Legislation, Regulatory

Dispute Resolution & Compliance

  • Comprehensive Representation: We represent you in all employment-related forums, including the Department of Labour Arbitrations, Industrial Court, High Court, and Court of Appeal.
  • Department of Labour Liaison: We handle interactions with the Department of Labour on your behalf, streamlining the process and ensuring a smooth resolution.
  • Unfair Dismissals, Labour Practices & Discrimination: Challenge wrongful terminations, unfair labour practices, and workplace discrimination. We fight for fair treatment and a just outcome.
  • Wage & Benefit Disputes: Recover unpaid wages, overtime, leave pay, and severance pay you are rightfully entitled to.
  • Retrenchments: We guide you through retrenchment processes, addressing issues like unfair dismissals, restructures, industrial action, severance benefits, trade disputes, and employer-employee relations.
  • Disciplinary Proceedings: We assist with disciplinary hearings, ensuring fair procedures and protecting your rights.

Employee Benefits

  • Independent Contractors & Fringe Benefits: We clarify the application of pay-as-you-earn (PAYE) to independent contractors and fringe benefits, ensuring you meet all tax reporting requirements.
  • Share Schemes & Employer Benefits: We provide clear guidance on the tax implications of share schemes and other benefits employers are required to offer, minimizing potential tax liabilities.
  • Non-Compliance Identification: We help you identify areas of potential non-compliance with tax regulations related to employee benefits.
  • Benefit Restructuring: Our team can assist with restructuring your employee benefit programs, including share incentive schemes, to optimize tax efficiency and minimize tax burdens.
  • Pension & Provident Funds: We provide comprehensive support with pension and provident funds, as well as other retirement benefits for your employees.

Corporate Immigration

  • General Work Permits: Obtain the necessary permits for skilled professionals from outside Botswana.
  • Intra-Company Transfer Work Permits: Facilitate the smooth relocation of employees within your organization.
  • Special Skills Work Permits: Secure permits for highly specialized roles where local skills are unavailable.
  • Family Visas: Help spouses and dependent children obtain the necessary visas to join their loved ones in Botswana.
  • Study Permits: Support the educational pursuits of international students.
  • Permanent Residence: Guide individuals through the process of obtaining permanent residency in Botswana.
  • Temporary Residence: Assist with securing temporary residence status for those with specific needs.
  • Immigration Regulations & Updates: Stay ahead of the curve with our up-to-date knowledge of Botswana's Department of Home Affairs requirements.
  • Legal Queries & Support: We address your legal questions regarding immigration processes and ensure you have the information needed to make informed decisions.

Consulting

  • Employment Law Advice & Opinions: We provide insightful legal advice and opinions on a wide range of employment matters, from corporate restructuring to performance management.
  • Commercial Issues with Employment Implications: We help you navigate the intersection of commercial decisions and their potential employment law implications.
  • Corporate Restructuring & Retrenchment: We guide you through the entire restructuring process, including offering step-by-step guidance, managing consultations, drafting essential documentation, and representing you at bargaining council meetings.
  • Disciplinary Procedures: Our team assists with drafting notices, preparing for hearings, and representing you at disciplinary proceedings (when permissible).
  • Performance Management: We offer strategies for managing underperforming employees, including the introduction of performance management systems and employee grading processes.
  • Transfer of Business as a Going Concern: We advise on valuation, apportionment of liability, and restructuring during business transfers, ensuring a smooth transition and compliance with relevant regulations.
  • Mergers & Employee Impact: We facilitate the employee consultation process during mergers, prepare impact reports, and support your merger filing with the Competition Commission.
  • Employment Law Acts: We stay up to date on essential employment law legislation, including the Basic Conditions of Employment Act (BCEA), Employment Equity Act (EEA), Compensation for Occupational Injuries and Diseases Act, Employment Services Act, and Occupational Health and Safety Act (OHSA). We can advise you on your obligations and ensure compliance with each.

Victor Chilembwe, Associate Attorney / Corporate & Commercial

Victor, an Associate in our Corporate and Commercial Division, where he has been a key member of the firm’s team since 2021. With a comprehensive background in data protection, project finance, and legal compliance, Victor brings a wealth of expertise to the firm’s diverse practice areas. / See full biography

Namie Modiri, Senior Associate / Corporate & Commercial

Namie Modiri, a Senior Associate in Minchin & Kelly's Corporate & Commercial Division, navigates complex transactions for local and international companies. Her expertise spans mergers & acquisitions, competition law, banking, project finance, and more. She tackles employment, trust and estate administration matters with the same dedication. A leader in regulatory laws, data protection, privacy, and communications law, Namie advises clients across diverse industries. Her experience extends to public-private partnerships, energy regulation, and financial services law. Joining Minchin & Kelly in January 2017, Namie's contributions continue to impress. / See full biography

Obakeng Mmopi, Associate / Financial Recoveries

Obakeng Keith Mmopi is a dedicated attorney with a strong focus on Financial Recoveries. Joining Minchin & Kelly in January 2021, he brings a strategic approach to managing and resolving complex financial disputes. His keen interest in Labor Law and Tax Law enhances his ability to provide comprehensive legal services, ensuring that clients receive well-rounded and informed counsel. Whether navigating the intricacies of financial recoveries or exploring the nuances of labour and tax regulations, Keith is committed to delivering exceptional legal solutions to both individuals and businesses. / See full biography

Isaac Ntombela / Partner and Head of Corporate & Commercial

Isaac Ntombela, ranked Band 3 in General Business Law – Botswana by Chambers Global in leads the firm's Corporate & Commercial division as Partner.  He advises local and international companies on a broad range of commercial matters, including mergers & acquisitions, competition law, tax, and regulatory compliance.  His expertise spans transactions, corporate governance, and all aspects of company law. Isaac started his career in January 2010 as a lecturer with Gaborone Universal College of Law. He joined the Attorney General's Chambers for a short stint from August to September 2011 focusing on litigation. Isaac then joined Minchin & Kelly (Botswana) in October 2011 as a professional assistant in the Corporate and Commercial Business Unit and was promoted to Partner in January 2017. / See full biography

Terence Dambe/ Managing Partner and Head Of Real Estate

Terence steers Minchin & Kelly (Botswana) as Managing Partner. Leading the Real Estate practice, he offers comprehensive legal guidance on property and mining transactions, crucial to the firm's success. His expertise extends to major commercial deals, particularly in property, mining, and energy sectors. Since joining Minchin & Kelly in 1989, Terence has risen through the ranks, becoming partner in 1993 and ultimately, Managing Partner in 2006.. / See full biography

Tatenda C. Dumba / Partner and Head of Banking & Project Finance

Partner Tatenda Dumba spearheads Minchin & Kelly (Botswana)'s Banking and Project Finance Division. Her practice encompasses project finance, debt & equity markets, derivatives and hedging transactions and public-private partnerships (PPPs). This breadth of knowledge extends to mining, energy, retail and property development. Tatenda’s experience in advising multinational banks and development financial institutions on cross-border transactions makes her a sought-after expert in banking and finance, ISDA, custodian and insolvency matters. Recognized by Chambers and Partners (Band 3) for her finance and project acumen, she is a trusted advisor for a diverse spectrum of clients. She joined Minchin & Kelly (Botswana) in 2017 as a senior associate and her talent and dedication led to her well-deserved partnership promotion in July 2019. / See full biography

Obakeng Nthomamisi, Associate / Civil & Corporate Litigation

Obakeng is a dedicated Associate in Minchin & Kelly (Botswana)'s Civil & Corporate Litigation Division. After joining the firm in May 2019 as a legal assistant, his talent, dedication and hard work led to his admission as an attorney in February 2020, having graduated 3rd in his class. Obakeng continues to perfect his skills in dispute resolution. In addition to being an astute civil litigator, Obakeng is a qualified arbitrator and has experience dealing with arbitrations. / See full biography

Nyaradzo Mupfuti / Partner and Head of Financial Recoveries

Nyaradzo Mupfuti heads the Financial Recoveries Division at Minchin & Kelly (Botswana), specializing in debt collection legal services tailored for banks, insurers, financial institutions and various other entities. In addition to her expertise in collections, Nyaradzo offers strategic guidance to businesses navigating evolving debt collection policies and regulations. She oversees the soft collection operations within the firm's debt collection portfolio and provides clients with valuable insights into effective debt collection strategies. She possesses extensive knowledge and experience in civil litigation cases as well. / See full biography

Lesego Babitseng / Senior Associate and Head of Employment

Lesego is a seasoned attorney with over a decade of experience in general civil and commercial litigation, with particular emphasis on employment law, medical malpractice, insurance law and procurement law. Lesego has also successfully represented numerous clients in complex litigation matters, thereby making him a well-rounded attorney for your legal needs. He joined Minchin & Kelly (Botswana) in December 2017 and has steadily grown his practice and reputation. / See full biography

Jayne Cross / Partner and Head of Civil & Corporate Litigation

Jayne Cross heads the Civil & Corporate Litigation Division at Minchin & Kelly (Botswana).  Jayne tackles complex litigation related claims relating to, amongst other things, commercial disputes, insurance law, insolvency and liquidations. She has been involved in many intricate legal proceedings both in and outside Botswana and regularly works with international clients and firms. Her expertise in domestic and cross-border litigation is recognized by Chambers Review, in which she has been ranked from 2017 to date.  Beyond the courtroom, Jayne also guides clients on the best strategies and practical commercial solutions to be adopted. / See full biography