Human-wildlife conflicts (HWC) are regulated by the Wildlife Conservation and National Parks Act (WCNPA), 1992, the Elephant Management Plan and Action Plan (2020 – 2025) and the Wildlife Policy, 2013. The WCNPA permits killing of wildlife in any area in defence of human life or to prevent the infliction of personal injury if immediately and absolutely necessary, and in defence of livestock, grazing, crops, water installations or fences by the owner or occupier of the land except in a national park or a game reserve. The use of a prohibited method of hunting is allowed for self-defence or when the hunting involves an animal causing damage to property, but in this case the use of any poisoned weapon, pitfall or snare is prohibited as per section 46 (1) of the WCNPA. A licensing officer may grant a permit authorizing, elsewhere than in a national park, game reserve or sanctuary- (a) the killing, capturing and driving of animals for the purpose of the control of disease; or (b) the killing or capturing of animals in the interests of public safety or for the protection of livestock, grazing, crops, water installations or fences. Where the animals in respect of which the permit is sought are protected game animals, the licensing officer shall refer the matter to the Director, and the grant of the permit shall be by the Director at his discretion.

In terms of the Wildlife Conservation and National Parks (Cheetahs) (Killing Suspension) Order, 2005, section 46 does not apply in respect of a cheetah. If a cheetah is causing damage to livestock or property, such an incident must be reported to the nearest wildlife office within seven days of the event. The killing of lions is restricted by the Wildlife Conservation and National Parks (Lions) (Killing Restrictions) Order, 2005. A person may only kill a lion if the lion or group of lions has killed livestock, or if the lions threaten human life. If a group of lions is involved, a person may kill only one lion in the group. Furthermore, a person who kills a lion must demonstrate that prior to the killing, he/she attempted to prevent damage from being caused to his/her livestock or property by the lion concerned through herding livestock and enclosing livestock in a secure kraal. Also, the person who killed the lion must report to the nearest wildlife office or police station within seven days and must preserve the area where the lion or the livestock were killed or wounded, for forensic investigations.

Sections 46 and 47 of the WCNPA require individuals to report cases of killings in defence of life or property to the nearest wildlife officer or police station, within seven days. Also, the wounding of a dangerous animal must be reported by the person who wounded it or by a witness of the wounding. Failure to report the killing of animals in self-defence is an offense punishable by a fine of P500 and six months’ imprisonment if a person who does not have a license kills a game animal in self-defence or in defense of others, and by a fine of P1000 and to imprisonment for 1 year in case of animals causing damage.

The Wildlife Policy and WCNPA provides for various strategies to regulate human-wildlife conflict. These include promoting comprehensive participatory land use planning at appropriate levels and developing; implementing a comprehensive human-wildlife conflict management strategy; and monitoring and culling of specified animals in specific areas. The Wildlife Policy provides for public participation in devising strategies to manage human-wildlife conflicts. Furthermore, Elephant Management Plan and Action Plan (2020 – 2025) provide mechanisms to manage and reduce human-elephant conflicts. These include supporting communities by demonstrating or implementing preventive and mitigating measures such as barriers, alarms, deterrents, repellents, disturbances, translocations, additional water sources, and removal of elephants. The plan also advocates for the inclusion of information on elephants and their conservation in school curricula by the DWNP, promotes environmental education, and invests in national public relations exercises.

The law does not provide for insurance schemes against wildlife damages. Section 87 of the WCNPA provides that no liability attaches to the government or its agencies for any loss sustained by reason of the presence, action or depredations of any non-captive animal, whether or not such animal is within a national park, game reserve or sanctuary. The WCNPA section 46 (4) provides for the promulgation of regulations to provide for payable compensation. A person has to satisfactorily establish that he has suffered damage from an action of an animal, but the falls short on providing guidance on how damage caused by wildlife should be measured

The Minister, through Section 46 (5) of the WCNPA, determines the rates of compensation to be paid in respect of claims made for damage caused to property by wildlife. Payment of compensation is subject to the following conditions: • All compensations are paid in cash. • No compensation applies where a farmer has injured or killed a lion. • Full (100%) compensation applies only where damage is caused by an elephant and lion, and other property is paid at 50% replacement cost. • The compensation rates exclude labour, transport, and any other costs. • Property compensated for shall be marked with a special code and remains government property. • Proof of ownership for property and lawful occupation of land is required for one to be compensated. • Lastly, no compensation will be made for wild animals kept in captivity, e.g., in farms and ranches, and for regenerated crops.

The National Environmental Fund Order, 2010 establishes the National Environmental Fund (NEF). This Fund is meant to finance and promote activities designed to conserve, protect and manage Botswana environment, and such activities could include human– wildlife conflict mitigation and alternative income-generating investments. This Fund also provides compensation for damaged caused by wildlife. The Conservation Trust Fund, established in terms of the e Conservation Trust Fund Order, 1999 is also instrumental in cushioning the communities’ affected by elephants through provision of grants for fencing electrification and water provision.

The Wildlife Conservation and National Parks Act, 1992 provides for the institutions relevant to human-wildlife conflicts and these are the Minister and the Department of Wildlife and National Parks. The Minister is responsible of managing national parks, and this role include ensuring for the security of the animals in national parks. Also, the Minister is empowered to order the removal animals from specific places for the purposes of protecting lives and property. The Department of Wildlife and National Parks has a Problem Animal Control Unit responsible to deal with human-wildlife conflicts. 

The WCNPA, Section 15 provides for coordination in the development of wildlife management areas, their management plans and their administration, between the Director, land boards and district councils. Further, non-governmental organizations and the private sector have cooperated with government in providing mitigation measures such as capacity building to communities, translocation of problem animals, provision of guard dogs, building predator proof kraals, drilling boreholes, education and awareness raising, and training proper animal husbandry practices. 

The Wildlife Policy, 2013 provides for the devolution of problem animal control to entities utilising WMAs such as Community Based Organisations. Section 6 of the WCNPA permits the delegation of functions to the Director as it relates to the control and management of national parks, and related issues.