Botswana

To view the full article, please click here.

sector legislation effective date/status key points and impact
Employment Trade Unions and Employers' Organisations (CAP 48:01) The Act:
  • amends the law relating to trade unions to make better provision therefor and for federations of trade unions and employers' organisations;
  • requires every trade union, federation of trade unions or employers' organisation formed in Botswana to, within 28 days after its formation, apply to the Registrar for registration as a trade union, federation of trade unions or employers' organisation, as the case may be; and
  • provides that where a trade union, federation of trade unions or employers' organisation fails to apply for registration, every officer of the trade union, federation of trade unions or employers' organisation and every person acting or purporting to act as such an officer shall be guilty of an offence and liable to a fine not exceeding BWP100.
Corporate / Commercial Industrial Development Act No. 23 of 2019 The Act is on notice. The Act:
  • provides for the regulation of manufacturing enterprises through their licensing, registration and supervision to facilitate industrial development;
  • applies to any manufacturing enterprise which:
    • is operated and/or owned, wholly or partly by a citizen of Botswana; or
    • is operated and/or owned by any person not being a citizen of Botswana by himself or herself or with others;
  • provides that a person shall not operate a manufacturing enterprise, to manufacture for sale:
    • animal feed;
    • baby formula;
    • food;
    • beverages;
    • cement;
    • chemical products; or
    • such other products as the Minister may prescribe, at any place in Botswana except in terms of an industrial licence issued by the Director, in accordance with this Act, authorising the person to manufacture such a product.
Banking and Finance Guidance Note on Proliferation and Proliferation Financing: Non-Bank Financial Institutions: AML/CFT&P Guidance Note No. 1 of 2020 Published by the Non-Bank Financial Institutions Regulatory Authority ("NBFIRA") in January 2020. The Guidance Note:
  • is aimed at raising awareness of the risks and vulnerabilities with regard to proliferation and proliferation financing, as well as the potential effect if a non-banking financial institution knowingly or unknowingly plays an appreciable role in proliferation financing;
  • is applicable to all persons and entities regulated and supervised by the NBFIRA; and
  • encourages non-bank financial institutions to consider measures such as:
    • improved staff training;
    • implementation of new policies and procedures or adaptation of existing ones;
    • undertaking risk assessments of clients, customers, suppliers, end-users and third parties involved in particular areas of their business; and
    • employing enhanced due diligence procedures to any higher-risk transactions or entities.

To view the full article, please click here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.