BULLETIN 2018 – NUMBER OF ACTS ENACTED  

NEW LEGISLATIONS

1.TRIBAL LAND ACT (ACT 1, 2018)

An Act to provide for the continuation of land boards; to vest tribal land in such boards; to define the powers and duties of such boards; and to provide for matters incidental thereto.

Date of Commencement: On Notice.

[Download]


3.BOTSWANA DEFENCE FORCE ACT (ACT 3, 2018)

An Act to provide for the establishment, administration, recruitment, conditions of service, training, command, discipline and employment of the Botswana Defence Force; to declare offences, restrictions and penalties; to make provision for trials by court-martial and for appeals therefrom; to prevent the unauthorised wearing or use of military uniforms, decorations, medals or badges, and the unauthorised use of certain military documents; and for matters incidental to the foregoing and connected therewith.

Date of Commencement: 23rd April 2018 (ss 1 to 158, 168, 194 to 216, 220 and 222 to 351); 6th July, 2018 (ss 159 to 167, 169 to 193, 217 to 219 and 221).

[Download]

4.COMPETITION ACT (ACT 4, 2018)

An Act to provide for the establishment of the Competition and Consumer Authority and its mandate; for the establishment of the Competition and Consumer Board, its functions and proceedings; for the establishment of the Competition and Consumer Tribunal to adjudicate over breaches of the provisions of the Act; and for matters incidental thereto or connected therewith.

Date of Commencement: On Notice..

[Download]

5.CONSUMER PROTECTION ACT (ACT 5, 2018)

An Act to provide for the protection of the interests of consumers by means of investigation, prohibition and control of unfair business practices; and to provide for matters incidental thereto.

Date of Commencement: On Notice.

[Download]




9.CHEMICAL WEAPONS (PROHIBITION) ACT (ACT 16, 2018)

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.

Date of Commencement: 29th June, 2018.

[Download]

10.NUCLEAR WEAPONS (PROHIBITION) ACT (ACT 17, 2018)

An Act to provide for the domestication of the Non-Proliferation of Nuclear Weapons Treaty of 1 July 1968, to prohibit the production, possession and use of nuclear weapons and nuclear materials and to provide for matters incidental or connected therewith.

Date of Commencement: 29th June, 2018.

[Download]


12. ARMS AND AMMUNITION ACT (ACT 19, 2018)

An Act to provide for the sale, import, export and illicit manufacturing of arms and ammunitions and trafficking in firearms; and to provide for matters incidental or connected therewith.

Date of Commencement: 29th June, 2018.

[Download]

13. MATIMELA ACT (ACT 23, 2018)

An Act to re-enact, with amendments, the Matimela Act to provide for the collection, reporting and sale of matimela within districts and elsewhere in Botswana; and to provide for matters incidental thereto.

Date of Commencement: On Notice.

[Download]





17. BIOLOGICAL AND TOXIN WEAPONS (PROHIBITION) ACT (ACT 27, 2018)

An Act to provide for the domestication of the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction of 10 April, 1972 in order to ensure that Botswana conforms to and implements her obligations under the Convention relating to the regulation of the use of biological or toxin weapons, and for matters incidental thereto.

Date of Commencement: 29th June, 2018.

[Download]

18. DATA PROTECTION ACT (ACT 32, 2018)

An Act to regulate the protection of personal data and to ensure that the privacy of individuals in relation to their personal data is maintained; to establish the Information and Data Protection Commission; and to provide for all matters incidental thereto.

Date of Commencement: On Notice.

[Download]

19. CUSTOMS ACT (ACT 33, 2018)

An Act to provide for imposition of customs duty, the prohibition and control of the importation, export or manufacture of certain goods; and for its matters incidental thereto.

Date of Commencement: 27th August 2018.

[Download]


AMENDING LEGISLATIONS

1.FINANCIAL INTELLIGENCE (AMENDMENT) ACT (ACT 7, 2018)

An Act to amend the Financial Intelligence Act.

Date of Commencement: 29th June, 2018.

Amends: ss 2, 3, 4, 5, 6, 9, 10, 14, 12, 15, 16, 19, 20, 21, 23, 27, 28, 31, 32, 33,
Schedules I and II.

Ins: ss 2A, 3A, 9A, 9B, 9C, 9D, 10A, 10B, 10C, 10D, 10E, 10F, 10G, 21A, 26A, 27A,
34A, Schedule III

Subs: ss 17, 18, 24, 25, 36, 38, 40

Repeals: ss 37, 39

Section 2 of this Act substitutes the word “Director” for the word “Director General” wherever it appears in the Act.

See: Financial Intelligence Act (Cap. 08:07)

[Download]


2.PROCEEDS AND INSTRUMENTS OF CRIME (AMENDMENT) ACT (ACT 8, 2018)

An Act to amend the Proceeds and Instruments of Crime Act.

Date of Commencement: 29th June, 2018.

Amends: ss 2, 21, 35, 39, 43

Ins: ss 43A, 43B, 69A

Subs: s 20

See: Proceeds and Instruments of Crime Act (Act 14, 2014)

[Download]


3.COUNTER-TERRORISM (AMENDMENT) ACT (ACT 9, 2018)

An Act to amend the Counter-Terrorism Act.

Date of Commencement: 4th July, 2018.

Amends: ss 2, 4, 5, 10, Part VII

Ins: s 12A, Part VIII

Subs: ss 6, 7, 12, 13, 14

See: Counter-Terrorism Act (Cap. 08:08)

[Download]


4.BANKING (AMENDMENT) ACT (ACT 10, 2018)

An Act to amend the Banking Act, which provides for the licensing, control and regulation of banks, and for matters incidental thereto.

Date of Commencement: 29th June, 2018.

Amends: ss 2, 21, 43

See: Banking Act (Cap. 46:04)

[Download]


4.ANTI-HUMAN TRAFFICKING (AMENDMENT) ACT (ACT 13, 2018)

An Act to amend the Anti-Human Trafficking Act.

Date of Commencement: 29th June, 2018.

Amends: s 2

Ins: s 12A

See: Anti-Human Trafficking Act (Cap. 08:09)

[Download]


5.MUTUAL ASSISTANCE IN CRIMINAL MATTERS (AMENDMENT) ACT (ACT 14, 2018)

An Act to amend the Mutual Assistance in Criminal Matters Act.

Date of Commencement: 29th June, 2018..

Amends: ss 2, 4, 5, 9, 10

Ins: ss 30A, 32A

Subs: ss 27, 28, 29, 30, 31, 32

Section 2 of this Act substitutes the words “police officer”, “commissioner of police” and “Proceeds of Serious Crimes Act” for the words “law enforcement officer”, “head of law enforcement agency” and “Proceeds and Instruments of Crime Act” wherever they appears in the Act.

See: Mutual Assistance in Criminal Matters Act (Cap. 08:04)

[Download]


6.POLICE (AMENDMENT) ACT (ACT 20, 2018)

An Act to amend the Police Act.

Date of Commencement: 4th July, 2018.

Amends: ss 2, 6, 8, 13, 14, 15, 21, 24, 25, 27, 29, 37

Ins: ss 15A, 15B, 21A, 61A, 65A

Subs: ss 27, 28, 29, 30, 31, 32

See: Police Act (Cap. 21:01)

[Download]


7.PENAL CODE (AMENDMENT) ACT (ACT 21, 2018)

An Act to amend the Penal Code to, among others enhance penalties at Division II and sections 177-189 which are considered low and therefore not deterring, insert new provisions dealing with possession of human flesh, body parts or human remains and cannibalism, and align the Act with certain provisions of the Children’s Act..

Date of Commencement: 4th July, 2018.

Amends: ss 2, 13, 94, 101, 104, 108, 142, 146, 147, 151, 152, 154, 168, 175, 176,
178, 180, 181, 183, 184, 185, 186, 187, 188, 189, 203, 263, 270, 305, 347, 385

Ins: ss 191A, 201A, 201B, 342A

br

Subs: ss 99, 100, 141, 145, 177, 179, 217, 250, 251, 253, 260, marginal note to s 296, 315, 362

Repeals: ss 166, 274, 375, 376

See: Penal Code (Cap. 08:01)

[Download]


8.COMPANIES (AMENDMENT) ACT (ACT 22, 2018)

An Act to amend the Companies Act.

Date of Commencement: On Notice.

Amends: ss 2, 11, 13, 21, 34, 48, 50, 55, 59, 66, 81, 162, 191, 248, 273, 277, 278,
279, 280, 331, 333, 341, 345, 347, 493, 528

Ins: s 31A

Subs: ss 3, 37, 145, 217, 250, 252

Repeals: Part XXVIII

See: Companies Act (Cap. 42:01)

[Download]


9.LIQUOR (AMENDMENT) ACT (ACT 28, 2018)

An Act to amend the Liquor Act.

Date of Commencement: 1st October, 2018.

Amends: ss 2, 15, 18

Ins: ss 3A, 3B, 3C

See: Liquor Act (Cap. 43:11)

[Download]


10.CORRUPTION AND ECONOMIC CRIME (AMENDMENT) ACT (ACT 29, 2018)

An Act to amend the Corruption and Economic Crime Act.

Date of Commencement: 10th August, 2018.

Ins: ss 44A, 44B

See: Corruption and Economic Crime Act (Cap. 08:05)

[Download]


11.CRIMINAL PROCEDURE AND EVIDENCE (AMENDMENT) ACT (ACT 30, 2018)

An Act to amend the Criminal Procedure and Evidence Act.

Date of Commencement: 10th August, 2018.

Amends: s 3

Subs: ss 2, 214

See: Criminal Procedure and Evidence Act (Cap. 08:02)

[Download]


12.ELECTRONIC COMMUNICATIONS AND TRANSACTIONS (AMENDMENT) ACT
(ACT 31, 2018)

An Act to amend the Electronic Communications and Transactions Act.

Date of Commencement: On Notice.

Amends: s 19

See: Electronic Communications and Transactions Act (Act 14, 2014)

[Download]


13.NATIONAL ASSEMBLY (SALARIES AND ALLOWANCES) (AMENDMENT) ACT
(ACT 35, 2018)

An Act to amend the National Assembly (Salaries And Allowances) Act.

Date of Commencement: 1st April, 2018.

Amends: Schedule

See: National Assembly (Salaries And Allowances) Act (Cap. 02:06)

[Download]


14.NATLO YA DIKGOSI (SALARIES AND ALLOWANCES) (AMENDMENT) ACT
(ACT 36, 2018)

An Act to amend the Natlo ya Dikgosi (Salaries And Allowances) Act.

Date of Commencement: 1st April, 2018.

Amends: s 4

Subs: s 3

See: Natlo ya Dikgosi (Salaries And Allowances) Act (Cap. 02:08)

[Download]


15.JUDICIAL SERVICES (AMENDMENT) ACT (ACT 37, 2018)

An Act to amend the Judicial Services Act.

Date of Commencement: 1st April, 2018.

Amends: ss 3, 4, 5

Subs: s 3

See: Judicial Services Act (Cap. 04:03)

[Download]