Regulatory - Minchin & Kelly (Botswana)

Extension of Re-registration period for societies

Attention Botswana Societies: Don’t Miss the Extended Re-Registration Deadline!

The Societies (Extension of registration period for societies) Order, 2024 was published on 23^rd of February 2024. The Minister of Labour and Home Affairs has extended the period for societies to reregister by a period of three months, commencing on the 25^th of February 2024, and ending on 24^th of May 2024, in accordance with the powers granted under the Societies Act.

Need assistance? M&K’s experienced legal team can guide you through the process. Contact us today for a consultation.

Minchin Kelly 04/03/2024 Regulatory

Data Privacy Week – Take control of your data

The 2024 data protection week is upon us! This year’s theme is “Take control of your data”.

Information is possibly the greatest asset of our generation whether it be personal, non-personal and/or commercial. Therefore, it is paramount that we are aware of our rights in relation to data. In Botswana, the key statutory instrument that regulates data privacy is the Data Protection Act. The Data Protection Act regulates the protection of personal data and ensures the privacy of individuals in relation to their personal data.

In honour of data protection awareness week our Corporate and Commercial Division invites the general public to enquire on anything in relation to data privacy and protections at our offices on the 26^th of January 2024.

Know your rights, protect your data.

Minchin Kelly 25/01/2024 Commercial Law, Legal Updates, Regulatory

Data Protection (Amendment) Act (Period of processing Personal Data) Order, 2023

On the 15^th of September 2023, the Minister for State President caused to be published in the Government Gazette the Data Protection (Amendment) Act (Period of Processing Personal Data) Order. This Order extends the period within which any person is required to comply with the requirements for the processing of personal data under the Data Protection Act from the 17^th of September 2023 to the 17^th of September 2024.

Minchin Kelly 18/09/2023 Legal Issues, Regulatory

Public Procurement (National Electronic Procurement) Regulations

On 30 June 2023, the Public Procurement (National Electronic Procurement) Regulations were published. They are aimed at providing a guide on the use of electronic procurement processes. They do so by establishing the National eProcurement System (“the NePS”), amongst other things.

The NePS is intended to be used by procuring entities and bidders to enhance efficiency and transparency in public procurement processes. It will allow procurement documents to be uploaded onto it and allow procuring entities and/or bidders to withdraw and/or amend the documents they have uploaded.

The NePS will also allow stakeholders to have access to, amongst other things, issued tenders, procurement notices, quotation submissions and requests, contract management and e-payment, with detailed descriptions of the relevant tenders. The NePS will also allow a tender to be awarded and the relevant contract signed (whether manually or electronically) through it.

To ensure the security and integrity of the NePS, procuring entities will have to be validated. They will also be required to maintain confidentiality. The NePS itself will provide an end-to-end audit trail which shows the activity of a specific procurement process.

Minchin Kelly 14/07/2023 Regulatory

Public Procurement Regulations Statutory Update

On 28 March 2023, the Minister of Finance (“the Minister”) caused to be published in the Government Gazette the much-awaited Public Procurement Regulations (“the Regulations”). The Regulations apply to all public procurement activities except for those determined by the Minister to require a different procurement procedure. The Regulations clarify the practical application of procurement processes and procedures as read with the Public Procurement Act. They also provide for, amongst other things, procurement entity structuring, reservations and preference schemes.

Minchin Kelly 24/04/2023 Regulatory

Extension of Re-Registration Period for Societies

On the 17^th of March 2023, the Minister of Labour and Home Affairs caused to be published in the Botswana Government Gazette the Societies (Extension of Registration Period for Societies) Order. This Order extends the re-registration period of societies for a period of 12 months, commencing from 25 February 2023 to 24 February 2024.

Minchin Kelly 28/03/2023 Legislation Update, Regulatory

Botswana Intellectual Property Policy, 2022 (“BIPP”)

The Botswana Intellectual Property Policy, 2022 (“BIPP”), a government policy initiated by the Companies and Intellectual Property Authority (“CIPA”), was launched on the 16^th of November 2022. The BIPP highlights the scope of intellectual property (“IP”) in Botswana, recognises new IP categories and navigates the landscape of domestic law, international conventions, protocols, and treaties. It focuses on, among other things, financing for IP creation and commercialization, IP entrepreneurship & enterprise development, and the strengthening of IP negotiation structures. The BIPP essentially addresses challenges of harnessing Botswana’s IP potential and provides an institutional structure for IP. The BIPP is due to be implemented in February 2023 and is sure to usher in a new appreciation for IP law in Botswana.

Minchin Kelly 22/11/2022 Property Law, Regulatory

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 17/11/2022 Legislation, Regulatory

Transfer Duty (Amendment) Act – Special Economic Zone Exemption

On the 29^th September 2022, Parliament passed the Transfer Duty (Amendment) Act No. 40 of 2022, which exempts holders of licenses under the Special Economic Zones Act from paying transfer duty for property acquired for the purpose of carrying on business in the economic zone approved in the license. The amendment shall come into effect on notice issued by the Minister of Finance published in the Government Gazette.

Minchin Kelly 04/11/2022 Regulatory

Tribal Land Act and Movable Securities Act

We are proud to announce that on the 9th of September 2022, our Corporate & Commercial Division together with our Real Estate Division, successfully hosted another WIN (What In-House Lawyers Need) event. This was our third WIN event this year and it took the form of an open table discussion. Two (2) pieces of legislation were discussed: the Tribal Land Act (No. 1 of 2018) and the Movable Property (Securities Interests) Act (No. 5 of 2022). The aforesaid acts recently came into effect and immensely impact the landscape which governs the granting of credit facilities and the pledging of security in Botswana.

The discussion on the Tribal Land Act and its implications on the credit facility and security environment was led by Mr Terence Dambe, who is the Managing Partner of the firm and the Head of the Real Estate division. The discussion on the Movable Property (Securities interests) Act was led by Ms Tatenda Dumba, who is a Partner in the Corporate & Commercial division. Mr Victor Chilembwe, a pupil attorney with the firm, facilitated the discussions. The event was a huge success, and we would like to extend our sincere gratitude to the stakeholders who attended the event and shared their views regarding the two acts.