Proceeds and Instruments of Crime Act No 28 of 2014

Proceeds and Instruments of Crime Act No. 28 of 2014
Section 2 (extract): (1) In this Act, unless the context otherwise requires - [...]
"proceeds" means property that was derived or realised, or substantially derived or realised, directly or indirectly, by any person from the commission of an offence or a serious crime related activity or foreign serious crime related activity and includes any property with which proceeds have been mixed;
"property" means money or any other movable, immovable, corporeal, or unincorporeal thing whether located in Botswana or elsewhere and includes a virtual asset, any rights securities and any interest in privileges and claims over that thing as well as -
(a) any currency, whether or not the currency is legal tender in Botswana, and any bill, security, bond, negotiable instrument or any instrument capable of being negotiated which is payable to bearer or endorsed payable to bearer, whether expressed in Botswana currency or otherwise;
(b) any balance held in Botswana currency or in any other currency in accounts with any bank which carries on business in Botswana or elsewhere;
(c) any balance held in Botswana currency or in any other currency in accounts with a bank which carries on business in Botswana;
(d) any balance held in any currency with a bank outside Botswana;
(e) motor vehicles, ships, aircraft, boats, works of art, jewellery, precious metals or any other item of value;
(f) any right or interest in property;
(g) virtual assets; and
(h) funds or other assets including all property and any interest, dividends or income on or value accruing or generated by such funds or assets;

Public Service Act

Public Service Act [Chapter 26:01]
Section 2 (extract): [...]"public officer" means a person holding or acting in any public office, and being an employee to whom this Act applies.[...]

Judicial services (code of conduct and enforcement Procedures) regulations of 2021

Judicial services (code of conduct and enforcement procedures) Regulations, 2021
Regulations 2: In these Regulations, unless the context otherwise requires -
judicial officer" includes the Chief Justice, the President of the Court of Appeal, Justices of Appeal, High Court Judges, Magistrates, Masters and Registrars;

Declaration of Assets and Liabilities Act 2019

Declaration of Assets and Liabilities Act 19 of 2019
Section 2: In this Act, unless the context otherwise requires -
“public officer” includes a public officer as defined under the Public Service Act, and any other person holding a public office under any other enactment;

Ministry of Health Anti-Corruption Policy

Ministry of Health Anti Corruption Policy, 2013
Page iii (extract): [...]
Public official – Any person holding a Public office, or an Agent of a Public institution including persons elected to positions under any law or its subsidiaries (i.e. Reg ulations or Instructions) and shall have the same interpretation as in Section 2 of the CEC Act of 1994. [...]

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 2 (extract): [...]
"agent" includes any person employed by or acting for another; [...]
"public officer" includes any person holding an office by election or appointment under any enactment or under powers conferred by any enactment, or in a company in which 51 per cent or more of the equity shares are owned by the Government of Botswana. [...]

Penal Code

Penal Code Chapter 08:01
Section 2 (extract): [...] "public officer" means any person in the service of, or holding office under the State
whether such service be permanent or temporary, or paid or unpaid; [...]

Whistleblowing Act

Whistleblowing Act
Section 4 (extract): (1) Notwithstanding any other law to the contrary, a disclosure of impropriety is protected if,
(a) the disclosure is made in good faith
(b) the whistleblower reasonably believes that the disclosure and an allegation of impropriety contained in the disclosure is substantially true; and
(c) the disclosure is made to an authorised person. [...]

Public Service Act

Public Service Act [Chapter 26:01]
Section 6 : (1) In addition to the principles set out in the National Vision, in the Public Service Charter and any other code of conduct for public officers, every public officer shall-
(a) provide effective and efficient service to the public and to Government and endeavour to give their best to meet performance standards and other organisational requirements;
(b) utilise Government resources at their disposal in an efficient, responsible and accountable manner; and
(c) continuously improve their performance in delivering services.
Section 7: In making decisions in respect of the appointment, or other matters affecting human resource management, every appointing authority and every supervising officer shall--
(a) have regard, primarily, to the effectiveness and efficiency of the public service;
(b) prevent nepotism and patronage;
(c) treat employees fairly and shall not subject any employee to any arbitrary or capricious administrative decision;
(d) afford every employee a reasonable avenue of redress against any improper or unreasonable administrative decision;
(e) not discriminate against any employee on the basis of sex, race, tribe, place of origin, national extraction, social origin, colour, creed, political opinion, marital status, health status, disability, pregnancy or any other ground, nor discriminate against any person seeking employment in the public service on any such ground.

Ministry of Health Anti-Corruption Policy

Ministry of Health Anti-corruption Policy, 2013
Para 4.1.3 Policy Statements
The Ministry shall :
Constitute and put in place anti-corruption structures at the different levels of the organization as well as
establishing strong and effective liaison with strategic departments such as the DCEC, Office of the Ombudsman
and Botswana Police Services. The structures should address both prevention and enforcement strategies.
These structures shall mainstream anti-corruption strategies and initiatives in the Ministry’s corporate strategy and plans.
Develop and implement codes of conduct for both the employees and key stakeholders.
Establish and maintain ethical policies, systems and procedures for all Ministry’s operations.
Ensure that human resources for health policies and practices are fair and transparent.
Ensure that mechanisms for reporting and responding to potentially unethical circumstances are appropriate and effective.
Ensure that areas of work that are of inherently higher risk in terms of ethics and corruption are identified and that preventive strategies are put in place.
Periodically review and revise organisation and management structures to respond to new developments and challenges inorder to gain and maintain high efficiency and effectiveness.
Allocate resources, both human and financial in a manner that shall promote equity, access and facilitate the effective
mplementation of anti-corruption initiatives.
Establish strategic linkages/networks for information sharing, exchange and benchmarks.
Conduct regular audits and risk assessment for early detection of corruption hotspots and put in place appropriate measures.
Conduct regular reviews or research in operational processes in order to ensure that there are no unnecessary delays that may result in creating corruption opportunities.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [ Chapter 8:05]
Section 3: (1) There is hereby established a Directorate to be known as the Directorate on Corruption and Economic Crime (in this Act referred to as "the Directorate") which shall consist of a Director, Deputy Director and such other officers of the Directorate as may be appointed.
(2) The Directorate shall be a public office; and accordingly, the provisions of the Public Service Act shall, with such modifications as may be necessary, apply to the Directorate and the officers thereof.
Section 6: The functions of the Directorate shall be-
(a) to receive and investigate any complaints alleging corruption in any public body;
(b) to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;
(c) to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;
(d) to investigate any conduct of any person, which in the opinion of the Director, may be connected with or conducive to corruption;
(e) to assist any law enforcement agency of the Government in the investigation of offences involving dishonesty or cheating of the public revenue;
(f) to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Director, may be conducive to corrupt practices;
(g) to instruct, advise and assist any person, on the latter's request, on ways in which corrupt practices may be eliminated by such person;
(h) to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such public bodies which the Director thinks necessary to reduce the likelihood of the occurrence of corrupt practices;
(i) to educate the public against the evils of corruption; and
(j) to enlist and foster public support in combating corruption.

Corruption and Economic Crime (Amendment) Act 29 of 2018

Corruption and Economic Crime (Amendment) Act 29 of 2018
Section 2: This section is amended by inserting irnrnediately after section 44 the following new sections -
44A: Nothing in this section shall preclude the disclosure of information by the Directorate to a comparable body in a foreign country for the purposes of assisting it in exercising functions corresponding to those of the Direcyorate under this Act.
44B. The Directorate shall regard, and deal with as confidential, all documents and information shared under this Act.".

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime Act [Chapter 8:05]
Section 46: The provisions of this Act shall have effect, in relation to citizens of Botswana, outside as well as within Botswana; and where an offence under Part IV is committed by a citizen of Botswana in any place outside Botswana, he may be dealt with in respect of such offence as if it had been committed within Botswana.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 3: (1) There is hereby established a Directorate to be known as the Directorate on Corruption and Economic Crime (in this Act referred to as "the Directorate") which shall consist of a Director, Deputy Director and such other officers of the Directorate as may be appointed.
(2) The Directorate shall be a public office; and accordingly, the provisions of the Public Service Act shall, with such modifications as may be necessary, apply to the Directorate and the officers thereof.
Section 6: The functions of the Directorate shall be-
(a) to receive and investigate any complaints alleging corruption in any public body;
(b) to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;
(c) to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;
(d) to investigate any conduct of any person, which in the opinion of the Director, may be connected with or conducive to corruption;
(e) to assist any law enforcement agency of the Government in the investigation of
offences involving dishonesty or cheating of the public revenue;
(f) to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Director, may be conducive to corrupt practices;
(g) to instruct, advise and assist any person, on the latter's request, on ways in which corrupt practices may be eliminated by such person;
(h) to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such public bodies which the Director thinks necessary to reduce the likelihood of the occurrence of corrupt practices;
(i) to educate the public against the evils of corruption; and
(j) to enlist and foster public support in combating corruption.

Judicial services (code of conduct and enforcement Procedures) regulations of 2021

Judicial services (code of conduct and enforcement procedures) regulations, 2021
Regulation 4: A judicial officer shall -
(a) exercise his or her judicial functions independently and free of extraneous influence;
(b) reject any attempt to influence his or her decision in any matter before the court outside the proper process of the court;
(c) encourage, safeguard and uphold arrangements, to maintain and enhance the institutional and operational independence of the judiciary; and
(d) exhibit and promote high standards of judicial conduct.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 6: The functions of the Directorate shall be-
(a) to receive and investigate any complaints alleging corruption in any public body;
(b) to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;
(c) to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;
(d) to investigate any conduct of any person, which in the opinion of the Director, may be connected with or conducive to corruption;
(e) to assist any law enforcement agency of the Government in the investigation of
offences involving dishonesty or cheating of the public revenue;
(f) to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Director, may be conducive to corrupt practices;
(g) to instruct, advise and assist any person, on the latter's request, on ways in which corrupt practices may be eliminated by such person;
(h) to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such public bodies which the Director thinks necessary to reduce the likelihood of the occurrence of corrupt practices;
(i) to educate the public against the evils of corruption; and
(j) to enlist and foster public support in combating corruption.
Section 7 (extract):
(1) For the performance of the functions of the Directorate, the Director may —
(a) authorise any officer of the Directorate to conduct an inquiry or investigation into any alleged or suspected offences under this Act;
(b) require any person in writing to produce, within a specified time, all books, records, returns, reports, data stored electronically on computer or otherwise and any other documents relating to the functions of any public or private body;
(c) require any person, within a specified time, to provide any information or to answer any questions which the Director considers necessary in connection with any inquiry or investigation which the Director is empowered to conduct under this Act.
Section 8 (extract): (1) If , in the course of any investigation into any offence under Part IV, the Director is satisfied that it would assist or expedite such investigation, he may, by notice in writing, require —
(a) any suspected person to furnish a statement in writing —
(i) enumerating all movable or immovable property belonging to or possessed by him in Botswana or elsewhere or held in trust for him in Botswana or elsewhere, and specifying the date on which every such property was acquired and the consideration paid therefor, and explaining whether it was acquired by way of purchase, gift, bequest, inheritance or otherwise;
(ii) specifying any moneys or other property acquired in Botswana or elsewhere or sent out of Botswana by him or on his behalf during such period as may be specified in such notice;
(b) any other person with whom the Director believes that the suspected person had any financial transactions or other business dealing, relating to an offence under Part IV, to furnish a statement
in writing enumerating all movable or immovable property acquired in Botswana and elsewhere or belonging to or possessed by such other person at the material time;
(c) any person to furnish, notwithstanding the provisions of any other enactment to the contrary, all information in his possession relating to the affairs of any suspected person and to produce or furnish any document or a certified true copy of any document relating to such suspected person, which is in the possession or under the control of the person required to furnish the information;
(d) the manager of any bank, in addition to furnishing any information specified in paragraph (c), to furnish any information or the originals, or certified true copies, of the accounts or the statements of account at the bank of any suspected person.
(2) Every person on whom a notice is served by the Director under subsection (1) shall, notwithstanding any oath of secrecy, comply with the requirements of the notice within such time as may be specified therein, and any person who without reasonable excuse fails to so comply shall be guilty of an offence and shall be liable to the penalty prescribed under section 18 (2).
Section 10 (extract): (1) An officer authorised in that behalf by the Director may, Power of without warrant, arrest a person if he reasonably suspects that that person arrest has committed or is about to commit an offence under this Act. [...]
Section 11: (1) Where an officer has arrested a person under section 10, he may —
(a) search that person and the premises or place in which he was arrested;
(b) seize and detain anything which such officer has reason to believe to be or to contain evidence of any of the offences referred to in Part IV.
(2) A person shall not be searched under subsection (1) except by a person of the same sex.

Public Service Act

Public Service Act [Chapter 26:01]
Section 14. Entry and advancement
Entry into and advancement in the public service shall be based on a proven record of performance and skills and competencies. However, the academic requirements and price of admission competencies, as determined from time-to-time, shall apply for entry-level posts.
Section 17. Criteria for appointment
(1) In selecting candidates for appointment, the appointing authority shall have regard primarily to the efficiency of the public service.
(2) Where any public office is vacant, the following persons shall be qualified for appointment to such office in the following order of priority-
(a) a citizen;
(b) any other person who is a non-citizen but whose appointment to such office is approved under section 21 or deemed to be approved under section 21(3).
(3) The persons mentioned in subsection (2) shall be qualified for appointment if they satisfy any competency requirements or qualifications specified by the Director by order published in the Gazette in respect of that public office.
(4) The provisions of subsection (2) may be waived with the written approval of the Minister if it facilitates the localisation of the public service or is otherwise in the interests of the public service.
Section 18. Disqualification for appointment
A person who has been convicted of an offence involving moral turpitude, or who has been dismissed from the public service shall not be appointed to any public office without the written approval of the Director or Permanent Secretary to the President as the case may be, for positions which they appoint for.

Whistleblowing Act

Whistleblowing Act
Section 4 (extract): (1) Notwithstanding any other law to the contrary, a disclosure of impropriety is protected if,
(a) the disclosure is made in good faith;
(b) the whistleblower reasonably believes that the disclosure and an allegation of impropriety contained in the disclosure is substantially tru; and
(c) the disclosure is made to an authorised person.[...]

Public Service Act

Public Service Act [Chapter 26:01]
Section 6: (1) In addition to the principles set out in the National Vision, in the Public Service Charter and any other code of conduct for public officers, every public officer shall-
(a) provide effective and efficient service to the public and to Government and endeavour to give their best to meet performance standards and other organisational requirements;
(b) utilise Government resources at their disposal in an efficient, responsible and accountable manner; and
(c) continuously improve their performance in delivering services.
Section 7: In making decisions in respect of the appointment, or other matters affecting human resource management, every appointing authority and every supervising officer shall--
(a) have regard, primarily, to the effectiveness and efficiency of the public service;
(b) prevent nepotism and patronage;
(c) treat employees fairly and shall not subject any employee to any arbitrary or capricious administrative decision;
(d) afford every employee a reasonable avenue of redress against any improper or unreasonable administrative decision;
(e) not discriminate against any employee on the basis of sex, race, tribe, place of origin, national extraction, social origin, colour, creed, political opinion, marital status, health status, disability, pregnancy or any other ground, nor discriminate against any person seeking employment in the public service on any such ground.

Judicial services (code of conduct and enforcement Procedures) regulations of 2021

Judicial services (code of conduct and enforcement procedures) regulations, 2021
Regulation 5: (1) A judicial officer shall -
(a) conduct himself or herself with integrity so as to sustain and enhance public confidence in the judiciary;
(b) ensure that his or her conduct is above reproach in his or her public and private life;
(c) encourage and support the observance of these high standards by his or her judicial colleagues; and
(d) not give legal advice, except to a member of his or her immediate family and for no fee.
(2) A judicial officer or immediate family shall not accept a - (a) gift; (b) bequest; (c) favour; or (d) loan, from any person for purposes of a bribe or corrupt practice or which is calculated to influence the officer in the execution of his or her duties.
(3) Notwithstanding the provisions of subregulation (2) a gift, award or benefit which cannot reasonably be perceived as a bribe, corrupt practice or one accompanied by intention to influence the judicial officer in the performance of his or her duties shall be acceptable.
Regulation 13: (1) A judicial officer who commits an act of misbehaviour is guilty of a disciplinary offence.
(2) For purposes of these Regulations, "misbehaviour" shall include, but shall not be limited to -
(a) a breach of the judicial code of conduct;
(b) dereliction of duty;
(c) absenteeism;
(d) abuse of alcohol or drugs;
(e) public or private conduct likely to bring the Administration of Justice into disrepute;
(j) commission of any offence involving moral turpitude;
(g) dishonesty;
(h) abuse of Government property;
(i) behaviour disruptive of the smooth and efficient operation of the Administration of Justice;
(j) abuse of judicial powers;
(k) financial indiscretion or profligacy; or
(l) failure to comply with a lawful instruction issued by the Chief Justice as head of the judiciary.

Declaration of Assets and Liabilities Act 2019

Declaration of Assets and Liabilities Act 19 of 2019
Preamble: An Act to make provision for the declaration of interests, income, assets and liabilities of certain categories of persons; to monitor the interests, income, assets and liabilities of those persons for the purposes of preventing and detecting corruption, money laundering and the acquisition of property from proceeds of any other offence, and for matters connected therewith or incidental thereto.
section 7: (1) Every person to whom this Act applies shall make and submit, in accordance with the provisions of this Act, a declaration of all —
(a) his or her interest, income, assets and liabilities; and
(b) the interest, income, assets and liabilities of his or her spouse and children under the age of 18 years.
(2) A declaration of interests, income, assets and liabilities shall contain the following information —
(a) full details of the declarant, including the person’s identity document, taxation documents, employment documentation, occupation and position held;
(b) the date and place for presentation of the declaration of interests, income, assets and liabilities;
(c) details of any property, whether movable or immovable or corporeal or incorporeal, and includes money, rights, privileges, claims and securities and any interest in such property and all proceeds thereof, as well as — (i) any currency, whether or not the currency is a legal tender in Botswana and any bill, security, bond, negotiable instrument or any instrument capable of being negotiated, which is payable to bearer or endorsed payable to bearer, whether expressed in Botswana currency or otherwise,
(ii) any balance held in Botswana currency or in any other currency in accounts with any bank which carries on business in Botswana or elsewhere,
(iii) any balance held in any currency with a bank outside Botswana,
(iv) any vehicles, ships, aircraft, boats, works of art, jewellery, precious metals or any other item of value,
(v) any right or interest in property,
(vi) any funds or other assets including all property and any interest, dividends or income on or value accruing or generated by such funds or assets,
(vii) any direct or indirect interest in a company, business or undertaking, and (viii) any livestock;
(d) details of the person’s participation on boards of directors, administrative and supervisory boards, advisory boards, non-profit undertakings or any scholastic boards, whether remunerated or honorary;
(e) the person’s annual income derived from the position for which the declaration is made, including income from other sources and activities;
if) the person’s annual income and investments related to pensions and insurance policies and annuities;
(g) identification and brief description of the gifts, including travel and other activities that are used instantly or not, received as a product of or as a result of the position held;
(h) an express declaration that the information, data and background provided are truthful and accurate; and
(i) an express declaration that no relevant properties, information or data has been omitted.
(3) For purposes of subsection (2) (c)(vi), “funds” means assets of any kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in such assets.
(4) For the purposes of subsection (2) (c)(vii) —
(a) a person subject to this Act has a direct interest in a company, business or undertaking if such person —
(i) is a director, trustee or holds a position in,
(ii) is an employee of,
(iii) is a shareholder in,
(iv) gives services for remuneration for reward to, (v) will or may derive a material financial benefit from,
(vi) is a beneficial owner of, the company, business or under taking.
(b) a person has an indirect interest in a company, business or undertaking if an immediate member of the family of the person has a direct interest in, or is a beneficial owner of the company, business or undertaking referred to in subsection (2) (c)(vii);
(c) “immediate member of the family” means the spouse, son, daughter, sibling or parent of a person subject to this Act; and
(d) “a beneficial owner” means any person who, directly or indirectly through any contract, arrangement, understanding, relationship or otherwise has —
(i) a voting power or the power to direct the voting over the assets of a company, business or undertaking, and
(ii) the power to dispose of or direct the disposition of the assets of the company, business or undertaking.
(5) A declaration under this section shall —
(a) be in such form as may be prescribed; and
(b) specify any property sold, transferred or donated in any form or manner, including income or benefits from any bank account, partnership, society, company or trust.
(6) Any person who makes a declaration of his or her interest, income, assets and liabilities under this section shall specify the nature of his or her interest in the assets including any joint ownership and the nature of his or her liabilities regarding those assets, including any joint liability.
(7) Where assets declared under this section are shares or interest in a partnership, society or company, a person making the declaration shall also declare the interest, income, assets and liabilities of the partnership, society or company.

Ministry of Health Anti-Corruption Policy

Ministry of Health Anti-Corruption Policy, 2012
Para 4.2: Education and Training
The degree of corruption is perceived in how the employees and stakeholders conduct themselves both at the workplace and outside the work place. The key strategy here is to have an environment that promotes morally upright employees and stakeholders.
Para 4.2.1: Goals
Ensuring that all employees and stakeholders are knowledgeable on issues of corruption and its impact on the social and economic wellbeing of individuals, organisations and the nation.
Para 4.2.2 : Objectives
• To promote a culture of good conduct
• To raise anti-corruption awareness amongst employees/stakeholders
Para 4.2.3: Policy Statements
MOH shall:
(a) Conduct anti-corruption awareness training for the entire staff and key stakeholders. Sensitise them on the causes and effects of corruption, as well as their responsibility in combating corruption.
(b) Develop, disseminate and implement anti corruption publicity material and tools
(c) Develop and implement guidelines/policy on human resources management, handling of gifts and donations
(d) Develop and implement mechanisms aimed at encouraging reporting of corrupt practices
(e) Ensure that anti corruption training and development opportunities are available to employees in order
to meet the defined competency levels
(f) Produce and publicise annual anti-corruption reports.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 24: Corruption by or of public officer
(1) A public officer is guilty of corruption in respect of the duties of his office if he directly or indirectly agrees or offers to permit his conduct as a public officer to be influenced by the gift, promise, or prospect of any valuable consideration to be received by him, or by any other person, from any person.
(2) A person is guilty of corrupting a public officer if he endeavours directly or indirectly to influence the conduct of the public officer in respect of the duties of his office by the gift, promise, or prospect of any valuable consideration to be received by the public officer, or by any other person, from any person.
Section 25: Corruption in respect of official transaction
(1) A public officer is guilty of corruption if he accepts, or agrees or offers to accept, for himself, or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do anything in respect of any matter in which he is concerned in his capacity as a public officer.
(2) A person is guilty of corrupting a public officer if he gives or agrees or offers to give any valuable consideration to a public officer, whether for the benefit of that public officer or of another person as an inducement or reward for doing or forbearing to do anything in respect of any matter in which the public officer is concerned in his capacity as a public officer.

Public Service Act

Public Service Act [Chapter 26:01]
Section 6: (1) In addition to the principles set out in the National Vision, in the Public Service Charter and any other code of conduct for public officers, every public officer shall-
(a) provide effective and efficient service to the public and to Government and endeavour to give their best to meet performance standards and other organisational requirements;
(b) utilise Government resources at their disposal in an efficient, responsible and accountable manner; and
(c) continuously improve their performance in delivering services.
Section 7: In making decisions in respect of the appointment, or other matters affecting human resource management, every appointing authority and every supervising officer shall--
(a) have regard, primarily, to the effectiveness and efficiency of the public service;
(b) prevent nepotism and patronage;
(c) treat employees fairly and shall not subject any employee to any arbitrary or capricious administrative decision;
(d) afford every employee a reasonable avenue of redress against any improper or unreasonable administrative decision;
(e) not discriminate against any employee on the basis of sex, race, tribe, place of origin, national extraction, social origin, colour, creed, political opinion, marital status, health status, disability, pregnancy or any other ground, nor discriminate against any person seeking employment in the public service on any such ground.

Judicial services (code of conduct and enforcement Procedures) regulations of 2021

Judicial services (code of conduct and enforcement procedures) regulations, 2021
Regulation 3: These Regulations shall apply to every judicial officer and no minimum standard prescribed in these Regulations shall be taken to derogate from the highest standards of ethics expected.

Public Procurement Act

Public Procurement Act
Section 86: A member of the Board, committee or sub-committee, a co-opted person, and employees of the Authority, a procuring entity, and any other person involved in procurement shall sign and adhere to a code of ethical behaviour as may be prescribed.

Code of Ethics in Public Procurement

Public Procurement Regulatory Authority Code of Ethics in Public Procurement – Detailed Guidance, 2023
Foreword (extract): Page 5
[...] In recognition of both the value of ethics in Public Procurement and the role of Public Procurement in
attaining public values, the Public Procurement Regulatory Authority (PPRA) - issued the Code of Ethics in
Public Procurement - in line with Section 86 (Code of Ethical behavior and declaration of interest) of the PP
Act which provides “A member of the Board, Committee or sub-committee, a co-opted person, and
employees of the Authority, a procuring entity, and any other person involved in procurement shall sign and
adhere to a code of ethical behavior as may be prescribed.”
Compliance with the provisions of this Code of Ethics is mandatory for all procurement practitioners who are
engaged in the service of Procuring Entities covered under Sections 3 and 144 of the PP Act. Section 3 provides
for “(a) a ” and Section 144 provides as follows; “Any contribution by the Government in any form to an
entity such as a parastatal, private entity, non-governmental body, charity or trust.”
The objective of the Code of Ethics can be summarized as follows:
a. Uphold individual and institutional integrity and promote a professional and ethical culture in public procurement ; and
b. Support the attainment of public procurement objectives. [...]

Declaration of Assets and Liabilities Act 2019

Declaration of Assets and Liabilities Act 19 of 2019
Section 7: (1) Every person to whom this Act applies shall make and submit, in accordance with the provisions of this Act, a declaration of all —
(a) his or her interest, income, assets and liabilities; and
(b) the interest, income, assets and liabilities of his or her spouse and children under the age of 18 years.
(2) A declaration of interests, income, assets and liabilities shall contain the following information —
(a) full details of the declarant, including the person’s identity document, taxation documents, employment documentation, occupation and position held;
(b) the date and place for presentation of the declaration of interests, income, assets and liabilities;
(c) details of any property, whether movable or immovable or corporeal or incorporeal, and includes money, rights, privileges, claims and securities and any interest in such property and all proceeds thereof, as well as —
(i) any currency, whether or not the currency is a legal tender in Botswana and any bill, security, bond, negotiable instrument or any instrument capable of being negotiated, which is payable to bearer or endorsed payable to bearer, whether expressed in Botswana currency or otherwise,
(ii) any balance held in Botswana currency or in any other currency in accounts with any bank which carries on business in Botswana or elsewhere,
(iii) any balance held in any currency with a bank outside Botswana,
(iv) any vehicles, ships, aircraft, boats, works of art, jewellery, precious metals or any other item of value,
(v) any right or interest in property,
(vi) any funds or other assets including all property and any interest, dividends or income on or value accruing or generated by such funds or assets,
(vii) any direct or indirect interest in a company, business or undertaking, and
(viii) any livestock;
(d) details of the person’s participation on boards of directors, administrative and supervisory boards, advisory boards, non-profit undertakings or any scholastic boards, whether remunerated or honorary;
(e) the person’s annual income derived from the position for which the declaration is made, including income from other sources and activities;
f) the person’s annual income and investments related to pensions and insurance policies and annuities;
(g) identification and brief description of the gifts, including travel and other activities that are used instantly or not, received as a product of or as a result of the position held;
(,h) an express declaration that the information, data and background provided are truthful and accurate; and
(i) an express declaration that no relevant properties, information or data has been omitted.
(3) For purposes of subsection (2) (c)(vi), “funds” means assets of any kind, whether corporeal or incorporeal, tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in such assets.
(4) For the purposes of subsection (2) (c)(vii) —
(a) a person subject to this Act has a direct interest in a company, business or undertaking if such person —
(i) is a director, trustee or holds a position in,
(ii) is an employee of,
(iii) is a shareholder in,
(iv) gives services for remuneration for reward to, (v) will or may derive a material financial benefit from,
(vi) is a beneficial owner of, the company, business or under taking.
(b) a person has an indirect interest in a company, business or undertaking if an immediate member of the family of the person has a direct interest in, or is a beneficial owner of the company, business or undertaking referred to in subsection (2) (c)(vii);
(c) “immediate member of the family” means the spouse, son, daughter, sibling or parent of a person subject to this Act; and
(cl) “a beneficial owner” means any person who, directly or indirectly through any contract, arrangement, understanding, relationship or otherwise has —
(i) a voting power or the power to direct the voting over the assets of a company, business or undertaking, and
(ii) the power to dispose of or direct the disposition of the assets of the company, business or undertaking.
(5) A declaration under this section shall —
(a) be in such form as may be prescribed; and
(b) specify any property sold, transferred or donated in any form or manner, including income or benefits from any bank account, partnership, society, company or trust.
(6) Any person who makes a declaration of his or her interest, income, assets and liabilities under this section shall specify the nature of his or her interest in the assets including any joint ownership and the nature of his or her liabilities regarding those assets, including any joint liability.
(7) Where assets declared under this section are shares or interest in a partnership, society or company, a person making the declaration shall also declare the interest, income, assets and liabilities of the partnership, society or company.

Public procurement Act

Public Procurement Act, 2021
Section 53:
(1) Except as otherwise prescribed, a procuring entity shall conduct procurement by means of open domestic bidding.
(2) A procuring entity may use a method of procurement other than open domestic bidding to accommodate the circumstances of the procurement concerned but shall seek to maximise competition to the extent practicable.
(3) If a procuring entity uses a method of procurement other than open domestic bidding, it shall, subject to the approval by an Accounting Officer, provide justification for the use of that method.
(4) A procuring entity shall not split a procurement in order to avoid a formal procurement.
Section 56:
(1) The Authority shall develop and issue, and amend where necessary, a standardised bidding package and contract, which shall be used on a mandatory basis by any procuring entity as may be prescribed.
(2) A procuring entity shall enter into an integrity agreement with contractors to promote compliance to ethical conduct and integrity in the bidding process and execution of a contract.
(3) An integrity agreement referred to under subsection (2) shall form part of a standardised bidding package.
(4) A procuring entity shall issue a bidding document to a bidder who intends to respond to an invitation to bid in accordance with the procedures and requirements specified in the bidding document.
(5) A procuring entity shall charge a bidder fee, as may be prescribed, for a bid document.
(6) The Minister shall prescribe the process and procedure for-
(a) the submission of a bid;
(b) the bidding method;
(c) the publication of a bid;
(d) the issue content of a bidding package;
(e) the validity of a bid;
(f) the evaluation of a bid;
(g) the modification of a bid;
(h) the closing of a bid;
(i) the withdrawal of a bid;
(j) the opening of a bid; and
(k) any other related matter.
Section 57:
(1) The Authority shall issue national standards specifications to a procuring entity for use in its procurement activity.
(2) Where the Authority has not yet issued the national standards specifications referred to under subsection (1), the Authority shall, in the interim and after consultation with the relevant stakeholders, determine which country's or institution's national standards specifications shall be used by a procuring entity in its bidding packages.
Section 63:
(1) A procuring entity shall-
(a) in a bid package, provide for, in the instructions-
(i) the criteria to be used in the evaluation process,
(ii) the value and weights to be attached to each criterion, and
(iii) the evaluation procedure or methodology to be followed in the conduct of the evaluation; and
(b) establish procurement method and procedure which shall apply in each case and class of bids, except in an emergency where either a sole procurement or competitive negotiation method and procedure may apply.
(2) A procuring entity shall consider only a substantially compliant bid for comparison, evaluation, adjudication and award.
(3) A bid or an invitation to tender issued for a procurement activity which does not comply with the applicable procedures under this Act shall be invalid.
Section 64:
(1) In the evaluation and adjudication of a bid, an evaluator or adjudicator shall not take into account any factor that is outside the national standards specifications or the evaluation procedure explicitly stated in the bidding package when arriving at a recommendation or in making an award, unless there is an extenuating reason to use an industry standard.
(2) Subject to section 58, an industry standard may be used as an alternative or supplement to an evaluation method set out in the bidding package if there is an extenuating reason under subsection (1).
(3) A procuring entity shall advise, in writing and in advance, a pre-qualification applicant or bidder of the use of an industry standard under subsection (2), and indicate in such advice-
(a) which industry standard shall be followed;
(b) the specific criteria and the values and weights to be attributed to each in the conduct of the evaluation and adjudication; and
(c) the percentage of the total points the industry standard shall account for.
(4) Where there is a conflict between an industry standard under subsection (3)(a) and a standard under any provision of this Act, an interested party shall immediately, in writing, bring such conflict to the attention of the Authority, and the Authority shall decide which standard shall be followed.
Section 65:
(1) An alteration to the conditions of an awarded bid by a procuring entity, either before or in the course of its implementation, shall require the prior written approval of an Accounting Officer, if the alteration-
(a) is likely to impact on the evaluation and adjudication ranking of the awarded bid and thus, the choice of contractor; and
(b) amends the nature of the awarded bid in terms of the contract cost, implementation schedule, components, aggregation or splitting.
(2) Subsection (1) shall not apply to a normal variation in the execution of a contract, where such variation is within the contingency sum of a bid approved by an Accounting Officer.
(3) The guidelines for a normal variation referred to in subsection (2) shall be as prescribed.
Section 82:
The Authority, procuring entity and any other entity that falls within the scope of this Act shall-
(a) keep and maintain detailed records of all their processes; and
(b) preserve, maintain and safeguard all relevant documents issued and received.
Section 83:
(1) The Authority shall issue a price guide which shall provide indicative prices for commonly procured goods, works and services for reference by a procuring entity, procuring unit or bidder, when preparing a bid for procurement, in order to-
(a) estimate contract value; and
(b) measure the reasonableness of prices when evaluating a tender.
(2) The Authority shall, subject to the cost recovery charges, give the public access to-
(a) the standard bidding packages, forms, national standards specifications and annual reports, and all amendments thereto; and
(b) databases containing the-
(i) contractors' register,
(ii) specification providers,
(iii) test and certification contractors,
(iv) insurance and intermodal transport operations,
(v) documentation collection,
(vi) contractors' prices and construction price index,
(vii) professional register, and
(viii) price guide referred under subsection (1).
Section 84:
(1) The Authority shall make the information on Contractor Register available to an applicant, including a list of registered contractors, grades and codes.
(2) The Authority shall publish the decision made in respect of any action taken, including the de-registration, debarring and suspension of contractors.
Section 85:
(1) A procuring entity and the Tribunal shall, in a manner as may be prescribed, publicise any decision arising from a complaint and challenges dealt with by the procuring entity or the Tribunal.
(2) The Authority shall conduct outreach programmes from time to time on the developments in the procurement system that are of public interest.
Section 85:
(1) A procuring entity and the Tribunal shall, in a manner as may be prescribed, publicise any decision arising from a complaint and challenges dealt with by the procuring entity or the Tribunal.
(2) The Authority shall conduct outreach programmes from time to time on the developments in the procurement system that are of public interest.
Section 86:
A member of the Board, committee or sub-committee, a co-opted person, and employees of the Authority, a procuring entity, and any other person involved in procurement shall sign and adhere to a code of ethical behaviour as may be prescribed.
Lodging of complaints
Section 104:
(1) A procuring entity shall, after the publication of an award decision-
(a) allow a cooling-off period of 10 days in order for the procuring entity to receive and address complaints, if any, from any contractor who is aggrieved by the award decision; and
(b) not enter into a contract relating to the award before the expiration of a cooling-off period referred to under paragraph (a).
(2) A contractor who is aggrieved by a breach of any provision of this Act or claims to have suffered or is likely to suffer loss or damages due to a breach of a duty imposed on a procuring entity shall, at the first instance, lodge a complaint before an Accounting Officer for review.
(3) A contractor who lodges a complaint in terms of subsection (1) shall have the right to participate in the review proceedings before an Accounting Officer.
(4) A contractor who fails to participate in the review proceedings shall be barred from subsequently lodging the same complaint.
(5) Notwithstanding subsection (3), an Accounting Officer may allow an application for the condonation of failure to participate in the review proceedings, where the complainant shows good cause for such failure.
(6) An Accounting Officer shall not entertain a complaint after a contract has entered into force.
Section 105:
(1) An Accounting Officer may, after considering a complaint and determining that the complaint is a frivolous or vexatious complaint, dismiss such complaint.
(2) Notwithstanding subsection (1), an Accounting Officer may refer a complaint considered and determined to be frivolous or vexatious to the Tribunal to take any appropriate action as may be prescribed.
(3) For purposes of this section, "frivolous or vexatious complaint" means a complaint-
(a) that lacks arguable basis in law or fact, or its contention is baseless and intended to cause delays or frustrate the procurement process;
(b) where the complainant appears to have no interest in the complaint to which the grievance relates; or
(c) where it appears that any procedure for resolving the complaint, that has been agreed by the parties to such complaint has not been followed or completed by any of the parties to the complaint.
Section 106:
(1) An aggrieved person shall submit his or her complaint in writing to an Accounting Officer within 10 days from the date of the publication of an award decision by the Accounting Officer, relating to the complaint.
(2) An Accounting Officer shall not entertain a complaint unless it is submitted to the Accounting Officer within the period referred to under subsection (1).
Section 109:
(1) An Accounting Officer shall, within the period to be prescribed, deliver a written decision on a complaint which shall-
(a) state the reasons for the decision; and
(b) where the complaint is upheld in whole or in part, indicate the corrective measures to be taken by the other party against whom the complaint is brought.
(2) Where an Accounting Officer fails to make a decision on a complaint within the prescribed period, the complainant may, in writing, refer the complaint to the Tribunal.
Section 110:
An Accounting Officer may, after receipt of a complaint and depending on the nature of the complaint, constitute an independent review panel from a procuring entity of the Accounting Officer, or another procuring entity, which shall review such complaint and advise such Accounting Officer on the relevant action to be taken within a period to be prescribed.
Section 111:
(1) A public officer or employee of a public body shall not participate as a bidder in any public procurement activity and no award of a tender shall be made to such public officer or employee of the public body.
(2) Without prejudice to subsection (1), an employee-
(a) or member of a committee, of a procuring entity, or a member of the Board; and
(b) of a public body or any entity falling within the scope of this Act, including the Authority and the Tribunal,
shall, by virtue of his or her interest or employment in a procuring entity, be excluded from participating in public procurement.
(3) An immediate member of the family of a public officer or of an employee of a public body shall not participate as a bidder in any procurement activity involving the employer of the public officer or of the public body where such public officer or employee of the public body is employed, and no award of a tender shall be made to such immediate member of the family of public officer or of an employee of a public body.
(4) An Accounting Officer shall, where, after an investigation as a result of a complaint, it is established that a public officer of a procuring entity or employee of a public body has contravened the provisions of this Act, take the appropriate action against the public officer in accordance with the Public Service Act (Cap. 26:01), and in relation to the employee of the public body, take appropriate action against such employee of a public body in terms of this Act and the Corruption and Economic Crime Act.
(5) For purposes of this section-
(a) "public officer" has the same meaning assigned to it under the Public Service Act; and
(b) the Minister shall, by Order published in the Gazette, designate a public body.
Section 112:
(1) A contractor who is aggrieved by a decision of an Accounting Officer may appeal to the Tribunal within 14 days from the date of the decision of the Accounting Officer.
(2) A contractor may, within the period referred to under subsection (1), in writing, submit a complaint to the Tribunal where a contract involving the complaint has entered into force.
(3) The Tribunal may, subject to the terms and conditions as may be prescribed and on application by an aggrieved contractor, condone an appeal brought outside the period under subsection (1), where it is satisfied that there is reasonable cause for failure to lodge the appeal within the set period by the aggrieved contractor.
(4) The Tribunal may, where a contract has not been concluded after receipt of a complaint, suspend-
(a) a procurement process pending determination of the complaint or review where necessary or where, in the opinion of the Tribunal, there are grounds to suspend the procurement process; or
(b) the performance of the contract pending determination of the complaint or review.
(5) Where a contract has been concluded by a procuring entity, based on an award decision of an Accounting Officer, the contract shall be irrevocable and its execution shall proceed without interruption whether the award decision by the Accounting Officer may in itself remain disputable by a contractor through the Tribunal.
(6) Notwithstanding subsection (5), the Tribunal may suspend and subsequently revoke or terminate the execution of a contract if in the opinion of the Tribunal, sufficient evidence has been adduced to demonstrate that the execution of the contract may cause substantial loss to the public revenue or prejudicially affect public interest.
Section 114:
There is established, for purposes of this Act, a body independent of the Public Procurement Regulatory Authority, known as the Public Procurement Tribunal.
Section 115:
(1) The Tribunal shall adjudicate over any matter brought before it by a complainant for a breach of any of the provisions of this Act, or any appeal brought in accordance with the provisions of this Act.
(2) Notwithstanding the generality of subsection (1), the Tribunal shall adjudicate over-
(a) an appeal by a complainant of the decision of the Authority or an Accounting Officer arising at any point in a procurement process;
(b) an appeal by a complainant at any point in the registration, declassification or disciplinary process or decision;
(c) a complaint by the Authority against a procuring entity;
(d) a dispute and resolution of a conflict between-
(i) a procuring entity and the Authority, and
(ii) contractors in respect of the interpretation of this Act;
(e) a breach, termination or interpretation of a procurement contract including an integrity agreement; and
(f) any issue within the scope of this Act upon which the Tribunal has received a written petition from the public, which the Tribunal deems to be of public interest, in respect of the procurement process.
(3) The Tribunal may recommend to the Minister any improvement to this Act, which it may deem necessary in the execution of its mandate and to prevent a recurrence of any challenges or to improve the performance of the regulatory framework.

Public Finance Management Act

Financial Reporting Act 11 of 2010
Section 5: The principal objectives of the Authority shall be to provide oversight to accounting and auditing services and promote the standard, quality and credibility of providing financial and non-financial information by entities, including public interest entities and, without limiting the generality of the foregoing, shall be to—
(a) promote the highest standards of auditors registered with the Authority;
(b) improve the standard and quality of accounting and audit services;
(c) improve the integrity, competence and transparency of accountants and auditors;
(d) promote development of the accountancy profession;
(e) protect the interest of the general public and investors in entities, including public interest entities;
(f) ensure compliance with and application of local and international accounting and auditing standards;
(g) promote high standards of corporate governance and compliance with professional ethics;
(h) monitor and adopt international developments in accounting and auditing fields;
(i) encourage effective collaboration with other regulators;
(j) implement a sound system of quality assurance mechanisms to ensure high quality audit practice; and
(k) act as a supervisory authority under the Financial Intelligence Act.
Section 53: (1) The Authority shall adopt, issue and keep up-to-date auditing standards and ensure that they are consistent with international auditing, assurance and ethics pronouncements of the International Federation of Accountants.
(2) The Authority shall adopt, issue and keep up-to-date auditing standards that conform to international best practice for certified auditors.
(3) The Authority may issue rules and guidelines for the purpose of implementing the auditing standards adopted by it.
(4) Every certified auditor shall, in the exercise of his or her profession, comply with—
(a) such minimum requirements as shall be specified by the Authority as minimum requirements for providing auditing and assurance services; and
(b) any rule, regulation, code or guideline issued under this Act.
(5) Every certified auditor shall, in the exercise of his or her profession, comply with such minimum requirements as may be specified by the Authority in the separate auditing standards for certified auditors.
(6) The Authority may, with the approval of the Minister, utilise the Institute to participate in co-operative arrangements with—
(a) qualified agencies of other governments, including their accountancy regulatory agencies; or
(b) regional and subregional accountancy bodies and other international accountancy bodies, to assist it in performing the functions described in subsections (1), (2) and (3).

Financial Reporting Act

Public Finance Management Act [Cap 54:01]
Section 4: (1) The Minister shall supervise the finances of Botswana as to ensure that a full account of the
finances is made to the National Assembly, and that Botswana's financial control is maintained, and for such purposes shall, subject to the provisions of the Constitution and this Act, have the control and management of the Consolidated Fund, the Development Fund and all other public funds, and the supervision, control and direction of all matters relating to the financial affairs of Botswana.
(2) Without derogating from the generality of subsection (1), the Minister shall-
(a) develop and implement a macroeconomic and fiscal policy frame-work forBotswana, as provided in section 5;
(b) cause the establishment of systems throughout Government for planning, monitoring, allocating and budgeting for the use of public moneys and supplies in order to attain efficiency and effectiveness of the economy;
(c) cause the review of all requests for the issue of moneys from the Consolidated Fund and, where the Minister considers it appropriate, approve their inclusion in estimates of expenditure for submission to the National Assembly in accordance with section 5;
(d) provide a framework for the scrutiny and control by the National Assembly over the utilisation of public supplies and public moneys by maintaining clear reporting methods and systems which-
(i) comprehensively set out the applicable hierarchy and procedures for accountability,
(ii) ensure the exercise of regularity and propriety in the handling and expenditure of public money and, in particular, demonstrate that goods or services are procured in a fair, equitable, competitive and cost- effective manner in accordance with the law providing for public procurement, and
(iii) ensure that the Consolidated Fund is effectively managed and shall-
A. ensure that all deductions from the Fund are for the purpose of authorised or statutory expenditure in accordance with the provisions of this Act and sections 118 and 119 of the Constitution, and
B. require compliance with the established lines of responsibility and best practice regarding principles of fiscal management in the handling of the moneys of the Consolidated Fund, other funds or special funds established under this Act and other public moneys; and
(e) safeguard public assets by acting under and complying with statutory authority and control when conducting the following financial transactions on behalf of the Government-
(i) borrowing of money,
(ii) issuing securities,
(iii) investing public moneys,
(iv) giving guarantees and indemnities, and
(v) operating bank accounts.
Section 42: (1) Any officer other than the Accountant-General who, by virtue of any law, is responsible for the administration of any Special Fund, shall prepare, sign and transmit to the Auditor-General and the Accountant- General an account of such Fund in respect of that financial year containing such information and in such form as the Minister may direct in the regulations, within a period of two months after the close of each financial year.
(2) The Accountant-General shall prepare, sign and transmit to the Auditor-General, for the purposes of auditing, the accounts and statements as may be prescribed by the Minister in regulations for the purposes of this subsection and which are consistent with the basis of accounting in relation to that financial year, within a period of six months after the close of each financial year.
(3) As soon as the Auditor-General has completed his or her examination of the accounts and statements transmitted to him or her in accordance with subsection (2), the Auditor-General shall return the same, together with his or her certificate on the accounts and statements, to the Accountant-General who shall, within the period of four weeks after their return to him or her, submit them, together with the Auditor-General's certificate on the accounts and statements, to the Minister.
(4) The Minister shall, within the period of 30 days after the submission to him or her of the accounts and statements in accordance with subsection (3) lay the same, together with the Auditor-General's certificate on the accounts and statements, before the National Assembly.

Judicial services (code of conduct and enforcement Procedures) regulations of 2021

Judicial services (code of conduct and enforcement procedures) regulations, 2021
Regulation 5: (1) A judicial officer shall -
(a) conduct himself or herself with integrity so as to sustain and enhance public confidence in the judiciary;
(b) ensure that his or her conduct is above reproach in his or her public and private life;
(c) encourage and support the observance of these high standards by his or her judicial colleagues; and
(d) not give legal advice, except to a member of his or her immediate family and for no fee.
(2) A judicial officer or immediate family shall not accept a - (a) gift; (b) bequest; (c) favour; or (d) loan, from any person for purposes of a bribe or corrupt practice or which is calculated to influence the officer in the execution of his or her duties.
(3) Notwithstanding the provisions of subregulation (2) a gift, award or benefit which cannot reasonably be perceived as a bribe, corrupt practice or one accompanied by intention to influence the judicial officer in the performance of his or her duties shall be acceptable.

Declaration of Assets and Liabilities Act 2019

Declaration of Assets and Liabilities Act 19 of 2019
Section 4: (1) There is hereby established an Ethics and Integrity Directorate.
(2) The Directorate shall consist of a Director-General and such other officers of the Directorate, as may be necessary for the proper performance of the functions of the Directorate.
(3) The Directorate shall be a public office and accordingly, the provisions of the Public Service Act shall with such modifications as may be necessary, apply to the Director-General and to officers of the Directorate.
(4) Subject to the provisions of this Act, the Directorate shall not, in the performance of its functions, be subject to the direction or control of any other person or authority.
Section 10 (extract):
(1) The Directorate shall be responsible for -
(a) promoting and reinforcing integrity and accountability in public office;
(b) receiving and analysing declarations and verifying any information contained in such declarations;
(c) issuing of notices to any person to whom this Act applies;
(d) the safe custody of declarations made in accordance with this Act;
(e) monitoring the assets and liabilities of any declarant for the purposes of detecting corruption, money laundering or the acquisition of property from proceeds of any other offence;
(f) identifying persons who fail to submit a declaration;
(g) detecting false or incomplete declarations; and
{h) imposing any administrative penalties under section 16. [...]

Constitution

Constitution
Section 95 (extract): [...] 6. The Chief Justice may make rules with respect to the practice and procedure of the High Court in relation to the jurisdiction and powers conferred on it by subsection (5) of this section. [...]
Section 97 (extract): [...] 2. A judge of the High Court may be removed from office only for inability tobperform the functions of his or her office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. [...]
Section 101 (extract): [...] 2. A judge of the Court of Appeal may be removed from office only for inability to perform the functions of his or her office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with the provisions of this section. [...]
Section 122: 1. There shall be paid to the holders of the offices to which this section applies such salaries and such allowances as may be prescribed by Parliament.
2. The salaries and any allowances payable to the holders of the offices to which this section applies shall be a charge on the Consolidated Fund.
3. The salary payable to the holder of any office to which this section applies and
his or her terms of office, other than allowances, shall not be altered to his or her disadvantage after his or her appointment.
4. Where a person's salary or terms of office depend upon his or her option, the salary or terms for which he or she opts shall, for the purposes of subsection (3) of this section, be deemed to be more advantageous to him or her than any
others for which he or she might have opted.
5. This section applies to the offices of judge of the Court of Appeal, judge of the High Court, member of the Public Service Commission, member of the Judicial Service Commission, member of the Delimitation Commission, Director of Public Prosecutions and Attorney-General.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime
Section 24 (extract):
(1) A public officer is guilty of corruption in respect of the duties of his office if he directly or indirectly agrees or offers to permit his conduct as a public officer to be influenced by the gift, promise, or prospect of any valuable consideration to be received by him, or by any other person, from any person. [...]
Section 25 (extract):
(1) A public officer is guilty of corruption if he accepts, or agrees or offers to accept, for himself, or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do anything in respect of any matter in which he is concerned in his capacity as a public officer. [...]
Section 26:
If, after a person has done any act as a public officer, he accepts, or agrees or offers to accept for himself or for any other person, any valuable consideration on account of such act, he shall be presumed, until the contrary is shown, to have been guilty of corruption in respect of that act before the doing thereof.
Section 27:
If, after a public officer has done any act as such officer, any other person agrees or offers to give to or procure for him or for any other person any valuable consideration on account of such act, the person so agreeing or offering shall be presumed, until the contrary is shown, to have been guilty of having, before the doing of such act, corrupted the public officer in respect of such act.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime Act 13 of 1994
Section 6:
The functions of the Directorate shall be-
(a) to receive and investigate any complaints alleging corruption in any public body;
(b) to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;
(c) to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;
(d) to investigate any conduct of any person, which in the opinion of the Director, may be connected with or conducive to corruption;
(e) to assist any law enforcement agency of the Government in the investigation of offences involving dishonesty or cheating of the public revenue;
(f) to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Director, may be conducive to corrupt
practices;
(g) to instruct, advise and assist any person, on the latter's request, on ways in which corrupt practices may be eliminated by such person;
(h) to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such public bodies which the Director thinks necessary to reduce the likelihood of the occurrence of corrupt practices;
(i) to educate the public against the evils of corruption; and
(j) to enlist and foster public support in combating corruption.

Financial Reporting Act

Financial Reporting Act 11 of 2010
Section 5 :
The principal objectives of the Authority shall be to provide oversight to accounting and auditing services and promote the standard, quality and credibility of providing financial and non-financial information by entities, including public interest entities and, without limiting the generality of the foregoing, shall be to—
(a) promote the highest standards of auditors registered with the Authority;
(b) improve the standard and quality of accounting and audit services;
(c) improve the integrity, competence and transparency of accountants and auditors;
(d) promote development of the accountancy profession;
(e) protect the interest of the general public and investors in entities, including public interest entities;
(f) ensure compliance with and application of local and international accounting and auditing standards;
(g) promote high standards of corporate governance and compliance with professional ethics;
(h) monitor and adopt international developments in accounting and auditing fields;
(i) encourage effective collaboration with other regulators;
(j) implement a sound system of quality assurance mechanisms to ensure high quality audit practice; and
(k) act as a supervisory authority under the Financial Intelligence Act.
Section 63: The Authority may, as may be prescribed, impose fines against any contravention of the provisions of this Act.
Section 70: (1) A person who knowingly and wilfully makes a false statement, or a misleading statement, with a view to gaining any advantage, concession or privilege under this Act, whether for himself or for any other person, commits an offence and is liable to a fine not exceeding P250 000 or to imprisonment for a term not exceeding five years, or to both.
(2) A certified auditor, or partner in a firm for certified auditors, who knowingly employs or engages any person as a certified auditor who was registered and—
(a) whose name has been removed from the register and has not been restored; or
(b) who has been suspended from registration in terms of this Act, during the period of suspension, save with the prior written consent of the Authority, which consent may be given for such period and subject to such conditions as the Authority may determine, commits an offence and is liable to a fine not exceeding P500 000 or to imprisonment for a term not exceeding 10 years, or to both.
(3) Any certified auditor, P.I.E, Board member and employee of a P.I.E, including a partly or wholly funded public body, who contravenes the provisions of this Act or Regulations made under this Act, commits an offence and is liable to a fine not exceeding P500 000 or to imprisonment for a term not exceeding 10 years, or to both.

Public Procurement Act

Public Procurement Act
Section 98:
(1) The Authority may at any time de-list a registered contractor from the Contractors' Register where the contractor fails to discharge the duties, responsibilities and obligations of a contractor in terms of the code of conduct.
(2) A contractor who has been de-listed from the Contractors' Register under this section shall, with effect from the date of the de-listing, cease to be registered for the purposes of this Act.
(3) Where the name of a contractor has been de-listed from the Contractors' Register the Authority may, either on its own volition or on application by the contractor concerned, in such manner as may be prescribed, direct that the contractor be restored in the Contractors' Register.
(4) The restoration of the registration status of a contractor in terms of subsection (3) shall meet the requirements of section 92.
Section 99:
(1) A contractor shall, by virtue of registration, conform to a code of conduct, as may be prescribed, in respect to any procurement activity.
(2) A contractor who is-
(a) convicted of corruption or bribery under the Corruption and Economic Crime Act; or
(b) listed in the financial crime, anti-money laundering or counter-terrorism activities in terms of the Financial Intelligence Act (Cap. 08:07) and the Counter-Terrorism Act (Cap. 08:08), respectively, or any other law as a person who is not eligible to participate in public procurement, including the contractor's shareholders, directors, partners, or any person in a key operational position of the contractor, shall not be eligible to participate in any procurement activity for such period as may be specified in the code of conduct.
(3) Where a contractor referred to under subsection (2) is awarded a tender without the knowledge of a procuring entity, the procuring entity shall terminate the tender and such procuring entity shall not be liable for such termination.
Section 100:
(1) The Authority may suspend or de-list, from the Contractors' Register, a contractor for-
(a) conduct which contravenes the code of conduct; or
(b) under performance of a contract, which contravenes the provisions set out in the code of conduct.
(2) A bidder who is debarred from taking part in any procurement activity by a local or recognised international regulatory body or organisation, or professional body or organisation shall, by virtue of being barred by that body or organisation, and for the duration of such debarment, be suspended or de-listed from participating in any procurement activity under this Act.
(3) The Authority shall debar from registration, any entity associated with a suspended contractor, for such period as may be prescribed.

Financial Intelligence Act

Financial Intelligence Act 2 of 2022
Section 13:
(1) A specified party shall conduct an assessment of the risk of commission of financial offences and take appropriate measures to manage and mitigate the identified risks relating to —
(a) business relationships and transactions;
(b) pre-existing products, practices, and delivery mechanisms;
(c) development of new products, new business practices, new business procedures, new technologies and delivery mechanisms, and such risk assessments should be conducted prior to their launch or use; and
(d) life insurance services.
(2) A specified party shall keep an up to date record in writing of the steps it has taken under subsection (1), unless its supervisory authority notifies it in writing that such a record is not required.
(3) A supervisory authority shall not give notification referred to under subsection (2) unless it considers that the risk of commission of a financial offence applicable to the sector in which the specified party or accountable institution operates are clear and understood.
(4) Aspecified party shall provide the risk assessment it has prepared under subsection (1), the information on which that risk assessment was based and any record required to be kept under subsection (2), to its supervisory authority or a competent authority upon request.
(5) A specified party shall upon written request by a competent authority or self-regulatory body provide the risk assessment information in such manner as may be prescribed.
(6) A specified party shall assess its risk assessment at regular intervals and following any significant developments which might affect the risk to which it is subject, and shall where necessary update the risk assessment.
(7) A specified party that fails to conduct a risk assessment or to take the appropriate measures to manage and mitigate the risk of a commission of a financial offence identified in the risk assessment is liable to an administrative fine not exceeding P1 000 000, as may be imposed by a supervisory authority.
(8) A specified party that fails to take such measures as are reasonably necessary to ensure that neither it nor a service offered by it, is capable of being used by a person to commit or to facilitate the commission of a financial offence is liable to an administrative fine not exceeding P1 000 000, as may be imposed by a supervisory authority.
Section 14:
(1) A specified party shall implement programmes which have regard to risks identified in its risk assessment, commensurate to the size of the business and shall in that regard —
(a) designate an anti-money laundering and counterfinancing of terrorism compliance officer, at management level, who will be in charge of the implementation of internal programmes and procedures, including maintenance of records and reporting of suspicious transactions, and ensure that the compliance officer has at all times, timely access to customer identification data, transaction records and other relevant information;
(b) establish procedures to ensure high standards of integrity of employees and a system to evaluate the personal, employment and financial history when hiring employees;
(c) maintain on-going employee training programme with regard to the specified party’s obligations under this Act;
(d) develop and maintain independent audit function to examine and evaluate any policies, processes, procedures and controls developed in accordance with this section to ensure compliance with measures taken by the specified party to comply with the Act and the effectiveness of those measures;
(e) implement and maintain a customer acceptance policy, internal rules, programmes, policies, processes, procedures or such controls as may be prescribed to protect its system from financial offences. 
(2) A compliance officer designated under subsection (1) shall —
(a) be a fit and proper person;
(b) not have been convicted of a serious offence in Botswana;
(c) not have been convicted outside Botswana of a serious offence, which, if committed in Botswana would have been a serious offence;
(d) not be an unrehabilitated insolvent;
(e) not be the subject of an investigation by a supervisory authority or an investigatory authority; and
(f) not have been a person holding a senior management position in a company which is disqualified from trading by a professional body or supervisory authority.
(3) Programmes referred to in subsection (1) shall be consistent with guidance notes issued under section 49 (1) (c).
(4) A specified party that fails to implement programmes to counter the risk of a commission of a financial offence is liable to an administrative fine not exceeding P5 000 000, as may be imposed by a supervisory authority.
(5) For purposes of this section, “serious offence” has the same meaning assigned to it under Proceeds and Instruments of Crime Act.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 3: (1) There is hereby established a Directorate to be known as the Directorate on Corruption and Economic Crime (in this Act referred to as "the Directorate") which shall consist of a Director, Deputy Director and such other officers of the Directorate as may be appointed.
(2) The Directorate shall be a public office; and accordingly, the provisions of the Public Service Act shall, with such modifications as may be necessary, apply to the Directorate and the officers thereof.
Section 6: The functions of the Directorate shall be-
(a) to receive and investigate any complaints alleging corruption in any public body;
(b) to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;
(c) to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;
(d) to investigate any conduct of any person, which in the opinion of the Director, may be connected with or conducive to corruption;
(e) to assist any law enforcement agency of the Government in the investigation of offences involving dishonesty or cheating of the public revenue;
(f) to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Director, may be conducive to corrupt practices;
(g) to instruct, advise and assist any person, on the latter's request, on ways in which corrupt practices may be eliminated by such person;
(h) to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such public bodies which the Director thinks necessary to reduce the likelihood of the occurrence of corrupt practices;
(i) to educate the public against the evils of corruption; and
(j) to enlist and foster public support in combating corruption.

Public Service Act

Public Service Act [Chapter 26:01]
Section 60: Any person who, in connection with the exercise, by the Permanent Secretary to the President, the Director, an appointing authority or a supervising officer, of his or her functions, wilfully gives, to such person, any information which he or she knows to be false or does not believe to be true or which he or she knows or believes to be misleading by reason of the omission of any material particular, commits an offence and is liable to a fine not exceeding P3 000 or to imprisonment for a term not exceeding three years, or to both.

Code of Conduct for the Private Sector

Code of Conduct for the Private Sector
Para 7.2.4: All financial transactions must be properly and accurately recorded in the appropriate books of account and available for inspection by the board of directors as well as the auditors. Enterprises must establish independent systems of auditing to bring out any transactions that contravene these principles whereupon the appropriate corrective action will be taken.

Financial Intelligence Act

Financial Intelligence Act 2 of 2022
Section 13:
(1) A specified party shall conduct an assessment of the risk of commission of financial offences and take appropriate measures to manage and mitigate the identified risks relating to -
(a) business relationships and transactions;
(b) pre-existing products, practices, and delivery mechanisms;
(c) development of new products, new business practices, new business procedures, new technologies and delivery mechanisms, and such risk assessments should be conducted prior to their launch or use; and
(d) life insurance services.
(2) A specified party shall keep an up to date record in writing of the steps it has taken under subsection (1), unless its supervisory authority notifies it in writing that such a record is not required.
(3) A supervisory authority shall not give notification referred to under subsection (2) unless it considers that the risk of commission of a financial offence applicable to the sector in which the specified party or accountable institution operates are clear and understood.
(4) Aspecified party shall provide the risk assessment it has prepared under subsection (1), the information on which that risk assessment was based and any record required to be kept under subsection (2), to its supervisory authority or a competent authority upon request.
(5) A specified party shall upon written request by a competent authority or self-regulatory body provide the risk assessment information in such manner as may be prescribed.
(6) A specified party shall assess its risk assessment at regular intervals and following any significant developments which might affect the risk to which it is subject, and shall where necessary update the risk assessment.
(7) A specified party that fails to conduct a risk assessment or to take the appropriate measures to manage and mitigate the risk of a commission of a financial offence identified in the risk assessment is liable to an administrative fine not exceeding P1 000 000, as may be imposed by a supervisory authority.
(8) A specified party that fails to take such measures as are reasonably necessary to ensure that neither it nor a service offered by it, is capable of being used by a person to commit or to facilitate the commission of a financial offence is liable to an administrative fine not exceeding P1 000 000, as may be imposed by a supervisory authority.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime
Section 19: Any person who knowingly- (a) makes or causes to be made to an officer a false report of the commission of any offence; or (b) misleads an officer by giving false information or by making false statements or accusations, shall be guilty of an offence and shall be liable on conviction to a term of imprisonment not exceeding three years.

Companies Act [Cap 42:01]

Companies Act [Cap 42:01]
Section 189: (1) The Board of a company shall cause accounting records to be kept that-
(a) correctly record and explain the transactions of the company;
(b) shall at any time enable the financial position of the company to be determined with reasonable accuracy;
(c) shall enable the directors to prepare financial statements that comply with this Act; and
(d) shall enable the financial statements of the company to be readily and properly audited.
(2) Without limiting subsection (1), the accounting records shall contain-
(a) entries of money received and spent each day and the matters to which it relates;
(b) a record of the assets and liabilities of the company;
(c) if the company’s business involves dealing in goods-
(i) a record of goods bought and sold, except goods sold for cash in the ordinary course of carrying on a retail business, that identifies both the goods and buyersand sellers and relevant invoices, and
(ii) a record of stock held at the end of the financial year together with records of any stocktakings during the year; and
(d) if the company’s business involves providing services, a record of services provided and relevant invoices.
(3) The accounting records shall be kept in the English language.
(4) If the Board of a company fails to comply with the requirements of this section, every director of the company shall be guilty of an offence and liable to the penalty set out in section 493(2) of this Act.
Section 191 (extract): (1) Subject to this section, every public company and every non-exempt private company shall, at each annual meeting, appoint an auditor to -
(a) hold office from the conclusion of the meeting until the conclusion of the next annual meeting; and
(b) audit the financial statements of the company and, if the company is required to complete group financial statements, those group financial statements, for the accounting period next after the meeting.[...]
Section 204 (extract): (1) Where, in the performance of the auditor’s duties as auditor of a company, the auditor becomes aware of- (a) any material irregularity in the conduct of the company’s financial affairs; or
(b) any matter which, in his opinion, is otherwise relevant to the exercise of the powers and duties imposed by this Act or by any debenture trust deed, on any trustee for debenture holders, the auditor shall, within seven days after becoming aware of the matter, send a report in writing of such matter to the Board of the company and a copy to the trustee. [...]
Section 205 (extract): (1) The Board of every company shall ensure that, within five months after the balance sheet date of the company, in the case of a public company, and within seven months after balance sheet date in the case of any other company, financial statements that comply with sections 206 to 208 are-
(a) completed in relation to the company and that balance sheet date; and
(b) dated and signed on behalf of the Board by two directors of the company, or, if the company has only one director, by that director. [...]

Financial Reporting Act

Financial Reporting Act 11 of 2010
Section 5:The principal objectives of the Authority shall be to provide oversight to accounting and auditing services and promote the standard, quality and credibility of providing financial and non-financial information by entities, including public interest entities and, without limiting the generality of the foregoing, shall be to—
(a) promote the highest standards of auditors registered with the Authority;
(b) improve the standard and quality of accounting and audit services;
(c) improve the integrity, competence and transparency of accountants and auditors;
(d) promote development of the accountancy profession;
(e) protect the interest of the general public and investors in entities, including public interest entities;
(f) ensure compliance with and application of local and international accounting and auditing standards;
(g) promote high standards of corporate governance and compliance with professional ethics;
(h) monitor and adopt international developments in accounting and auditing fields;
(i) encourage effective collaboration with other regulators;
(j) implement a sound system of quality assurance mechanisms to ensure high quality audit practice; and
(k) act as a supervisory authority under the Financial Intelligence Act.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 6 (extract): The functions of the Directorate shall be - [...]
(i) to educate the public against the evils of corruption; and
(j) to enlist and foster public support in combating corruption

Vision 2036 : Achieving Prosperity for all is a national policy with a multi-sectoral approach

Vision 2036: Achieving Prosperity for all
Pillar 4 (extract): Page 28
[...] Botswana will have zero tolerance for corruption. Botswana will maintain her reputation as one of the least corrupt countries in the world. The fight against corruption will be the responsibility of all citizens [...]

Financial Intelligence Act

Financial Intelligence Act 2 of 2022
Section 13:
(1) A specified party shall conduct an assessment of the risk of commission of financial offences and take appropriate measures to manage and mitigate the identified risks relating to —
(a) business relationships and transactions;
(b) pre-existing products, practices, and delivery mechanisms;
(c) development of new products, new business practices, new business procedures, new technologies and delivery mechanisms, and such risk assessments should be conducted prior to their launch or use; and
(d) life insurance services.
(2) A specified party shall keep an up to date record in writing of the steps it has taken under subsection (1), unless its supervisory authority notifies it in writing that such a record is not required.
(3) A supervisory authority shall not give notification referred to under subsection (2) unless it considers that the risk of commission of a financial offence applicable to the sector in which the specified party or accountable institution operates are clear and understood.
(4) Aspecified party shall provide the risk assessment it has prepared under subsection (1), the information on which that risk assessment was based and any record required to be kept under subsection (2), to its supervisory authority or a competent authority upon request.
(5) A specified party shall upon written request by a competent authority or self-regulatory body provide the risk assessment information in such manner as may be prescribed.
(6) A specified party shall assess its risk assessment at regular intervals and following any significant developments which might affect the risk to which it is subject, and shall where necessary update the risk assessment.
(7) A specified party that fails to conduct a risk assessment or to take the appropriate measures to manage and mitigate the risk of a commission of a financial offence identified in the risk assessment is liable to an administrative fine not exceeding P1 000 000, as may be imposed by a supervisory authority.
(8) A specified party that fails to take such measures as are reasonably necessary to ensure that neither it nor a service offered by it, is capable of being used by a person to commit or to facilitate the commission of a financial offence is liable to an administrative fine not exceeding P1 000 000, as may be imposed by a supervisory authority.

Corruption and Economic Crime (Amendment) Act 29 of 2018

Corruption and Economic Crime (amendment) Act, 2018
Section 2: This section is amended by inserting irnrnediately after section 44 the following new sections -
44A: Nothing in this section shall preclude the disclosure of information by the Directorate to a comparable body in a foreign country for the purposes of assisting it in exercising functions corresponding to those of the Direcyorate under this Act.
44B. The Directorate shall regard, and deal with as confidential, all documents and information shared under this Act.".

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 46: The provisions of this Act shall have effect, in relation to citizens of Botswana, outside as well as within Botswana; and where an offence under Part IV is committed by a citizen of Botswana in any place outside Botswana, he may be dealt with in respect of such offence as if it had been committed within Botswana.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 23: For the purposes of this Part, "valuable consideration" means-
(a) any gift, benefit, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability,
whether in whole or in part;
(d) any other service, or favour including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
(e) the exercise or forbearance from the exercise of any right or any power or duty; and
(f) any offer, undertaking or promise whether conditional or unconditional, of any valuable consideration within the meaning of the provisions of any of the preceeding paragraphs.
Section 24: (1) A public officer is guilty of corruption in respect of the duties of his office if he directly or indirectly agrees or offers to permit his conduct as a public officer to be influenced by the gift, promise, or prospect of any valuable consideration to be received by him, or by any other person, from any person.
(2) A person is guilty of corrupting a public officer if he endeavours directly or indirectly to influence the conduct of the public officer in respect of the duties of his office by the gift, promise, or prospect of any valuable consideration to be received by the public officer, or by any other person, from any person.
Section 25: (1) A public officer is guilty of corruption if he accepts, or agrees or offers to accept, for himself, or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do anything in respect of any matter in which he is concerned in his capacity as a public officer.
(2) A person is guilty of corrupting a public officer if he gives or agrees or offers to give any valuable consideration to a public officer, whether for the benefit of that public officer or of another person as an inducement or reward for doing or forbearing to do anything in respect of any matter in which the public officer is concerned in his capacity as a public officer.
Section 26: If, after a person has done any act as a public officer, he accepts, or agrees or offers to accept for himself or for any other person, any valuable consideration on account of such act, he shall be presumed, until the contrary is shown, to have been guilty of corruption in respect of that act before the doing thereof.
Section 27: If, after a public officer has done any act as such officer, any other person agrees or offers to give to or procure for him or for any other person any valuable consideration on account of such act, the person so agreeing or offering shall be presumed, until the contrary is shown, to have been guilty of having, before the doing of such act, corrupted the public officer in respect of such act.
Section 28: (1) An agent is guilty of corruption if he corruptly accepts, or agrees or offers to accept from
any person, for himself or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business.
(2) A person is guilty of corruption if he corruptly gives or agrees to give or offers to give to any agent any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business.
(3) If any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal, such a person is guilty of corruption.
Section 36 : Any person who is guilty of corruption or cheating the revenue under this Part shall, upon conviction, be liable to imprisonment for a term not exceeding 10 years or to a fine not exceeding P500 000, or to both.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 23: For the purposes of this Part, "valuable consideration" means-
(a) any gift, benefit, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any other service, or favour including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
(e) the exercise or forbearance from the exercise of any right or any power or duty; and
(f) any offer, undertaking or promise whether conditional or unconditional, of any valuable consideration within the meaning of the provisions of any of the preceeding paragraphs.
Section 24: (1) A public officer is guilty of corruption in respect of the duties of his office if he directly or indirectly agrees or offers to permit his conduct as a public officer to be influenced by the gift, promise, or prospect of any valuable consideration to be received by him, or by any other person, from any person.
(2) A person is guilty of corrupting a public officer if he endeavours directly or indirectly to influence the conduct of the public officer in respect of the duties of his office by the gift, promise, or prospect of any valuable consideration to be received by the public officer, or by any other person, from any person.
Section 25: (1) A public officer is guilty of corruption if he accepts, or agrees or offers to accept, for himself, or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do anything in respect of any matter in which he is concerned in his capacity as a public officer.
(2) A person is guilty of corrupting a public officer if he gives or agrees or offers to give any valuable consideration to a public officer, whether for the benefit of that public officer or of another person as an inducement or reward for doing or forbearing to do anything in respect of any matter in which the public officer is concerned in his capacity as a public officer.
Section 26: If, after a person has done any act as a public officer, he accepts, or agrees or offers to accept for himself or for any other person, any valuable consideration on account of such act, he shall be presumed, until the contrary is shown, to have been guilty of corruption in respect of that act before the doing thereof.
Section 27: If, after a public officer has done any act as such officer, any other person agrees or offers to give to or procure for him or for any other person any valuable consideration on account of such act, the person so agreeing or offering shall be presumed, until the contrary is shown, to have been guilty of having, before the doing of such act, corrupted the public officer in respect of such act.
Section 28: (1) An agent is guilty of corruption if he corruptly accepts, or agrees or offers to accept from any person, for himself or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business.
(2) A person is guilty of corruption if he corruptly gives or agrees to give or offers to give to any agent any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business.
(3) If any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal, such a person is guilty of corruption.
Section 36: Any person who is guilty of corruption or cheating the revenue under this Part shall, upon conviction, be liable to imprisonment for a term not exceeding 10 years or to a fine not exceeding P500 000, or to both.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 23: For the purposes of this Part, "valuable consideration" means-
(a) any gift, benefit, loan, fee, reward or commission consisting of money or of any valuable security or of other property or interest in property of any description;
(b) any office, employment or contract;
(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;
(d) any other service, or favour including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;
(e) the exercise or forbearance from the exercise of any right or any power or duty; and
(f) any offer, undertaking or promise whether conditional or unconditional, of any valuable consideration within the meaning of the provisions of any of the preceeding paragraphs.
Section 24: (1) A public officer is guilty of corruption in respect of the duties of his office if he directly or indirectly agrees or offers to permit his conduct as a public officer to be influenced by the gift, promise, or prospect of any valuable consideration to be received by him, or by any other person, from any person.
(2) A person is guilty of corrupting a public officer if he endeavours directly or indirectly to influence the conduct of the public officer in respect of the duties of his office by the gift, promise, or prospect of any valuable consideration to be received by the public officer, or by any other person, from any person.
Section 25: (1) A public officer is guilty of corruption if he accepts, or agrees or offers to accept, for himself, or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do anything in respect of any matter in which he is concerned in his capacity as a public officer.
(2) A person is guilty of corrupting a public officer if he gives or agrees or offers to give any valuable consideration to a public officer, whether for the benefit of that public officer or of another person as an inducement or reward for doing or forbearing to do anything in respect of any matter in which the public officer is concerned in his capacity as a public officer.
Section 26: If, after a person has done any act as a public officer, he accepts, or agrees or offers to accept for himself or for any other person, any valuable consideration on account of such act, he shall be presumed, until the contrary is shown, to have been guilty of corruption in respect of that act before the doing thereof.
Section 27: If, after a public officer has done any act as such officer, any other person agrees or offers to give to or procure for him or for any other person any valuable consideration on account of such act, the person so agreeing or offering shall be presumed, until the contrary is shown, to have been guilty of having, before the doing of such act, corrupted the public officer in respect of such act.
Section 28: (1) An agent is guilty of corruption if he corruptly accepts, or agrees or offers to accept from
any person, for himself or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal's affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business.
(2) A person is guilty of corruption if he corruptly gives or agrees to give or offers to give to any agent any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act or for showing or forbearing to show favour or disfavour to any person in relation to his principal's affairs or business.
(3) If any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal, such a person is guilty of corruption.
Section 36 extract: Any person who is guilty of corruption or cheating the revenue under this Part shall, upon conviction, be liable to imprisonment for a term not exceeding 10 years or to a fine not exceeding P500 000, or to both.

Proceeds and Instruments of Crime Act No 28 of 2014

Proceeds and Instruments of Crime Act No. 28 of 2014
Section 3: (1) Where a person has been convicted of a serious offence, the Attorney-General may apply to the court before which the conviction was obtained, or to the High Court, for a confiscation order in respect of that serious offence, or, if convictions were obtained for more than one serious offence, in respect of all or any of those offences.
(2) An application under subsection (1) shall be made within 12 months of the date of the conviction for the offence in respect of which it is made

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 37: Where a person has been convicted of corruption or cheating the public revenue under this Part, the Director of Public Prosecutions may apply for a confiscation order under section 3 of the Proceeds of Serious Crime Act, and accordingly, the provisions of that Act shall have effect in respect of the application;
Section 38: Where a person, who is the subject of an investigation under this Act has been or is about to be charged with an offence under Part IV, the Director of Public Prosecutions may apply for a restraining order under section 8 of the Proceeds of Serious Crime Act, and accordingly, the provisions of that Act shall have effect in respect of the application.

Mutual Cooperation in Criminal Matters Act 20 of 1990

Mutual Assistance in Criminal Matters [Chapter 08:04]
Section 12: (1) Where-
(a) a proceeding or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that a thing relevant to the investigation or proceeding is located in Botswana; and
(c) the foreign country requests the Director of Public Prosecutions to arrange for the issue of a search warrant under this section in relation to that thing,
the Director of Public Prosecutions may authorise a police officer, in writing, to apply to a magistrate in the district in which that thing is believed to be located for the search warrant requested by the foreign country.
(2) Where a police officer authorised under subsection (1) has reason to believe that the thing to which the request relates is, or will, at a specified time, be-
(a) on a person;
(b) in the clothing that is being worn by a person; or
(c) otherwise in a person's immediate control, the police officer may-
(i) lay before a magistrate an information on oath setting out the grounds for that
belief; and
(ii) apply for the issue of a warrant under this section to search the person for that
thing.
(3) Where an application is made under subsection (2), the magistrate may, subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable-
(a) to search the person for the thing; and
(b) to seize any thing found in the course of the search that the police officer believes, on reasonable grounds, to be relevant to the proceeding or investigation.
(4) Where a police officer authorised under subsection (1) has reason to believe that the thing to which the request relates is, or will, at a specified time, be, upon any land, or upon or in any premises, the police officer may-
(a) lay before a magistrate an information on oath setting out the grounds for that belief; and
(b) apply for the issue of a warrant under this section to search the land or premises for that thing.
(5) Where an application is made under subsection (4), the magistrate may, subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable-
(a) to enter upon the land, or upon or into the premises;
(b) to search the land or premises for the thing; and
(c) to seize any thing found in the course of the search that the police officer believes, on reasonable grounds, to be relevant to the proceeding or investigation.
(6) A magistrate shall not issue a warrant under this section unless-
(a) the informant or some other person has given to him either orally or by affidavit, such further information, if any, as he requires concerning the grounds on which the issue of the warrant is sought; and
(b) he is satisfied that there are reasonable grounds for issuing the warrant.
(7) There shall be stated in a warrant issued under this section-
(a) the purpose for which the warrant is issued, including a reference to the nature of the criminal matter in relation to which the search is authorised;
(b) whether the search is authorised at any time of the day or night or during specified hours of the day or night;
(c) a description of the kind of things authorised to be seized; and
(d) a day, not being later than one month after the issue of the warrant, on which the
warrant ceases to have effect.
(8) If, in the course of searching, under a warrant issued under this section, for a thing of a kind specified in the warrant, the police officer finds another thing that he believes on reasonable grounds-
(a) to be relevant to the proceeding or investigation in the foreign country or to afford evidence as to the commission of a criminal offence; and
(b) is likely to be concealed, lost or destroyed if it is not seized, the warrant shall be deemed to authorise him to seize the other thing.
(9) Where a police officer finds, as a result of a search in accordance with a warrant issued under this section, a thing which he seizes wholly or partly because he believes the thing on reasonable grounds to be relevant to the proceeding or investigation in the foreign country, he shall deliver the thing into the custody and control of the Commissioner of Police.
(10) Where a thing is delivered into the custody and control of the Commissioner of Police under subsection (9), the Commissioner shall arrange for the thing to be kept for a period not exceeding one month from the day on which the thing was seized pending a direction in writing from the Director of Public Prosecutions as to the manner in which the thing is to be dealt with (which may include a direction that the thing be sent to an authority of a foreign country).
(11) A police officer who executes a search warrant issued under subsection (3) or (5) shall,
as soon as practicable after the execution of the warrant, give to the person, or give to the owner or occupier of the land or premises or leave in a prominent position on the land or at the premises, as the case requires, a notice setting out-
(a) the name and rank of the police officer;
(b) the name of the magistrate who issued the warrant and the day on which it was issued; and
(c) a description of any things seized and removed in accordance with the warrant.
(12) A police officer acting in accordance with a warrant issued under subsection (3) may remove, or require a person to remove, any of the clothing that the person is wearing but only if the removal of the clothing is necessary and reasonable for an effective search of the person under the warrant.
(13) A person shall not be searched under a warrant issued under subsection (3) except by a person of the same sex.
(14) Where a police officer is authorised, under a warrant issued under subsection (3), to search a person, the police officer may also search-
(a) the clothing that is being worn by the person; and
(b) any property in, or apparently in, the person's immediate control.
Section 29: (1) Where-
(a) a foreign country requests the Director of Public Prosecutions to make arrangements for the enforcement of a foreign confiscation order made in respect of a serious offence, against property that is believed to be located in Botswana; and
(b) the Director of Public Prosecutions is satisfied that-
(i) a person has been convicted of the offence; and
(ii) the conviction and the order are not subject to further appeal in the foreigncountry, the Director of Public Prosecutions may apply for the registration of the order in the High Court.
(2) Where a foreign country requests the Director of Public Prosecutions to make
arrangements for the enforcement of a foreign restraining order, made in respect of a serious offence, against property that is believed to be located in Botswana, the Director of Public Prosecutions may apply for the registration of the order in the High Court.
(3) A foreign confiscation order, or a foreign restraining order, as the case may be, registered in the High Court in accordance with this section has effect, and may be enforced, as if it were an order made by a court under the Proceeds of Serious Crime Act.
(4) Where an order is registered in a court in accordance with this section, a copy of any amendments made to the order (whether before or after registration) may be registered in the same way as the order and the amendments do not have effect until they are registered.
Section 30: Where-
(a) a criminal proceeding or criminal investigation has commenced in respect of a foreign country in respect of a serious offence;
(b) there are reasonable grounds to believe that tainted property in relation to the offence is located in Botswana; and
(c) the foreign country requests the Director of Public Prosecutions to obtain the issue of a search warrant under the Proceeds of Serious Crime Act in relation to the tainted property, the Director of Public Prosecutions may authorise a police officer to apply to a magistrate for
the search warrant requested by the foreign country.
Section 31: Where-
(a) a criminal proceeding has commenced in a foreign country in respect of a serious offence;
(b) there are reasonable grounds to believe that property that may be made or is about to be made the subject of a foreign restraining order is located in Botswana; and
(c) the foreign country requests the Director of Public Prosecutions to obtain the issue of a restraining order under the Proceeds of Serious Crime Act against the property, the Director of Public Prosecutions may apply to a magistrate's court or the High Court for the restraining order requested by the foreign country.
Section 32: Where-
(a) a criminal proceeding or criminal investigation has commenced in a foreign country in respect of a serious offence;
(b) a document in relation to the offence is reasonably believed to be located in
Botswana; and (c) the foreign country requests the Director of Public Prosecutions to obtain the issue of-
(i) a production order under the Proceeds of Serious Crime Act in respect of the
document; or
(ii) a search warrant under the Proceeds of Serious Crime Act in respect of the
document, the Director of Public Prosecutions may authorise a police officer to apply to a magistrate or a judge of the High Court for the order requested by the foreign country.
(2) Where-
(a) a criminal proceeding or criminal investigation has commenced in a foreign country in respect of a serious offence that is-
(i) a money laundering offence in respect of proceeds of a serious offence; or
(ii) an ancillary offence in relation to an offence of a kind referred to in subparagraph
(i);
(b) information about transaction conducted through an account with a financial institution in Botswana is reasonably believed to be relevant to the proceeding or investigation;
and
(c) the foreign country requests the Director of Public Prosecutions to obtain the issue of an order under the Proceeds of Serious Crime Act directing the financial institution to give information to the police about transactions conducted through the account, the Director of Public Prosecutions may authorise a police officer to apply to a magistrate or a judge of the High Court for the order requested by the foreign country.

Bank of Botswana Act 19 of 1996

Bank of Botswana Act [Chapter 55:01]
Section 70: Bank may call for information
(1) For the purposes of the administration of this Act and in the proper performance of its functions under this Act, the Bank may call for such information as it may require from any person.
(2) Any person who fails to supply any information called for by the Bank under subsection (1) or who supplies any false or misleading information shall be guilty of an offence and shall be liable to a fine not exceeding P50 000 or to imprisonment for a term not exceeding two years, or to both.”

Banking Act 13 of 1995

Banking Act 13 of 1995
Section 21:
(1) The Central Bank may, for the purpose of the administration of this Act, call for any information which it may require, from any bank, concerning its operations in Botswana or those of its affiliates in Botswana and subsidiaries abroad, if any.
(2) The Central Bank may direct that all or any part of the information submitted pursuant to this section shall be audited, either by the bank's own external auditors or by an auditor appointed by the Central Bank, at such bank's own expense.
(3) Where, under this Act, any information or document is required to be supplied to the Central Bank within a specified period, the Central Bank may, at the request of the bank concerned, extend such period.
(4) A bank shall notify the Central Bank of any transaction by any of its customers which it suspects to be money laundering.
(5) Any bank that fails to supply any information called for by the Central Bank under subsection (1), or fails to supply it within the time, or extended time, stipulated by the Central Bank, or that supplies false or misleading information, or that fails to notify the Central Bank of any suspicious transaction under subsection (4), shall be guilty of an offence and liable to a fine of P10 000.”

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 45 (extract): (1) In any trial in respect of an offence under Part IV, a witness shall not be obliged to disclose the name or address of any informer, or state any matter which might lead to his discovery. [...]

Whistleblowing Act

Whistleblowing Act 9 of 2016
Section 4 (extract): (1) Notwithstanding any other law to the contrary, a disclosure of impropriety is protected if,
(a) the disclosure is made in good faith;
(b) the whistleblower reasonably believes that the disclosure and an allegation of impropriety contained in the disclosure is substantially tru; and (c) the disclosure is made to an authorised person. [...]

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 3: (1) There is hereby established a Directorate to be known as the Directorate on Corruption and Economic Crime (in this Act referred to as "the Directorate") which shall consist of a Director, Deputy Director and such other officers of the Directorate as may be appointed.
(2) The Directorate shall be a public office; and accordingly, the provisions of the Public Service Act shall, with such modifications as may be necessary, apply to the Directorate and the officers thereof.
Section 6: The functions of the Directorate shall be-
(a) to receive and investigate any complaints alleging corruption in any public body;
(b) to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;
(c) to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;
(d) to investigate any conduct of any person, which in the opinion of the Director, may be connected with or conducive to corruption;
(e) to assist any law enforcement agency of the Government in the investigation of offences involving dishonesty or cheating of the public revenue;
(f) to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Director, may be conducive to corrupt practices;
(g) to instruct, advise and assist any person, on the latter's request, on ways in which corrupt practices may be eliminated by such person;
(h) to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such public bodies which the Director thinks necessary to reduce the likelihood of the occurrence of corrupt practices;
(i) to educate the public against the evils of corruption; and
(j) to enlist and foster public support in combating corruption

Financial Intelligence Act

Financial Inteligence Agency Act, 2022
Section 38:
(1) A specified party or accountable institution shall, within such period as may be prescribed, report a suspicious transaction to the Agency.
(2) A specified party or accountable institution shall report a suspicious transaction—
(a) during the establishment of a business relationship;
(b) during the course of the business relationship; or
(c) when conducting occasional transactions.
(3) An attorney, conveyancer, notary public or accountant shall report a suspicious transaction when, on behalf of or for a client, he or she engages in a financial transaction in relation to the following activities—
(a) buying and selling of real estate;
(b) managing client money, securities or assets;
(c) managing bank savings or securities accounts;
(d) organisation of contributions for the creation, operation or management of companies; or
(e) creation, operation or management of legal persons or arrangements, trusts and the buying and selling of shares.
(4) Nothing in subsection (3) shall be construed as restricting an attorney from reporting a suspicious transaction of which he or she has acquired knowledge in privileged circumstances if the transaction is communicated to the attorney with a view to the furtherance of a criminal or fraudulent purpose.
(5) For the purposes of this section, "attorney" has the same meaning assigned to it under the Legal Practitioners Act (Cap. 61:01).
(6) A specified party or accountable institution that fails to comply with the provisions of this section is liable to—
(a) an administrative fine not exceeding P5 000 000;
(b) a suspension or revocation of licence as the case may be; or
(c) both penalties provided under paragraphs (a) and
(b) as may be imposed by the supervisory authority.
Section 49:
(1) A supervisory authority shall—
(a) through its licensing or registration requirements, implement measures, including fit and proper measures to prevent criminals from—
(i) holding controlling interest,
(ii) performing management function, or
(iii) being a beneficial owner, of the applicant;
(b) regulate and supervise a specified party or accountable institution for compliance with this Act including through on-site examinations;
(c) in consultation with the Agency, establish and issue guidance notes, and provide feedback to help a specified party or accountable institution comply with this Act;
(d) maintain statistics concerning compliance measures adopted or implemented by the specified party or accountable institution and sanctions imposed on such specified party or accountable institution, under this Act;
(e) conduct risk-based supervision of anti-money laundering, counter-financing of an act of terrorism and counter-financing of proliferation and counter-illicit dealing in arms or ammunition on a specified party;
(f) review the assessment of the money laundering, terrorist financing and financing of proliferation risk profile of a specified party or accountable institution, including risks of non-compliance periodically, and when there are major events or developments in the management and operations of a specified party or accountable institution;
(g) identify, assess and understand international and domestic money-laundering, terrorist financing and proliferation financing risks in the sector;
(h) apply consolidated group supervision to all aspects of business conducted by the group, as may be prescribed; and
(i) ensure that the frequency and intensity of on-site and off-site is determined on the basis of—
(i) financial offence risks,
(ii) internal controls and procedures associated with the institution or group, and
(iii) documented financial offence risks present in the country.
(2) A supervisory authority may—
(a) issue a directive, penalising a specified party by imposing an appropriate, prescribed fine where the specified party has without reasonable excuse, failed to comply in whole or in part with any obligations under this Part; or
(b) enter into an agreement with a specified party to implement an action plan to ensure compliance of the specified party’s obligations under this Act.
(3) With respect to supervision of a non-profit organisation, a supervisory authority shall—
(a) undertake outreach and educational programmes to raise and deepen awareness among non-profit organisations as well as the donor community about the potential vulnerabilities of a non-profit organisation to commission of a financial offence risks and the measures that a non-profit organisation can take to protect themselves against such abuse;
(b) work with a non-profit organisation to develop and refine best practices to address commission of financial offence risks and vulnerabilities, to protect such a non-profit organisation from financial offence abuse;
(c) conduct targeted supervision and monitoring on a non-profit organisation at risk of commission of a financial offence abuse; and
(d) monitor the compliance on a non-profit organisation with the provisions of this Act, including applying risk based measures to such a non-profit organisation.
(4) With respect to a specified party that relies on a third party, that is part of the same financial group, a supervisory authority shall ensure that—
(a) the group applies—
(i) customer due diligence and record-keeping requirements, in accordance with sections 16, 20, 22 and 31 of this Act, and
(ii) programmes to combat commission of a financial offence, in accordance with section 14 of this Act; and
(b) the implementation of customer due diligence and record-keeping requirements and anti-money laundering, counter-financing of terrorism and counter-financing of proliferation programmes are supervised at a group level; and
(c) a higher country risk is adequately mitigated by the group’s anti-money laundering, counter-financing of terrorism and counter-financing of proliferation policies.

Corruption and Economic Crime Act 13 of 1994

Corruption and Economic Crime [Chapter 8:05]
Section 3: (1) There is hereby established a Directorate to be known as the Directorate on Corruption and Economic Crime (in this Act referred to as "the Directorate") which shall consist of a Director, Deputy Director and such other officers of the Directorate as may be appointed.
(2) The Directorate shall be a public office; and accordingly, the provisions of the Public Service Act shall, with such modifications as may be necessary, apply to the Directorate and the officers thereof.
Section 6: The functions of the Directorate shall be-
(a) to receive and investigate any complaints alleging corruption in any public body;
(b) to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;
(c) to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;
(d) to investigate any conduct of any person, which in the opinion of the Director, may be connected with or conducive to corruption;
(e) to assist any law enforcement agency of the Government in the investigation of offences involving dishonesty or cheating of the public revenue;
(f) to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Director, may be conducive to corrupt practices;
(g) to instruct, advise and assist any person, on the latter's request, on ways in which corrupt practices may be eliminated by such person;
(h) to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such public bodies which the Director thinks necessary to reduce the likelihood of the occurrence of corrupt practices;
(i) to educate the public against the evils of corruption; and
(j) to enlist and foster public support in combating corruption
Section 12:
A person arrested under section 10 shall be taken as soon as practicable to a police station to be dealt with in accordance with the provisions of the Criminal Procedure and Evidence Act.

Mutual Cooperation in Criminal Matters Act 20 of 1990

Mutual assistance in Ciminal Matters [Chapter 08:04]
Section 12: (1) Where-
(a) a proceeding or investigation relating to a criminal matter involving a serious offence has commenced in a foreign country;
(b) there are reasonable grounds to believe that a thing relevant to the investigation or proceeding is located in Botswana; and
(c) the foreign country requests the Director of Public Prosecutions to arrange for the issue of a search warrant under this section in relation to that thing,
the Director of Public Prosecutions may authorise a police officer, in writing, to apply to a magistrate in the district in which that thing is believed to be located for the search warrant requested by the foreign country.
(2) Where a police officer authorised under subsection (1) has reason to believe that the thing to which the request relates is, or will, at a specified time, be-
(a) on a person;
(b) in the clothing that is being worn by a person; or
(c) otherwise in a person's immediate control, the police officer may-
(i) lay before a magistrate an information on oath setting out the grounds for that belief; and
(ii) apply for the issue of a warrant under this section to search the person for that thing.
(3) Where an application is made under subsection (2), the magistrate may, subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable-
(a) to search the person for the thing; and
(b) to seize any thing found in the course of the search that the police officer believes, on reasonable grounds, to be relevant to the proceeding or investigation.
(4) Where a police officer authorised under subsection (1) has reason to believe that the thing to which the request relates is, or will, at a specified time, be, upon any land, or upon or in any premises, the police officer may-
(a) lay before a magistrate an information on oath setting out the grounds for that belief; and
(b) apply for the issue of a warrant under this section to search the land or premises for that thing.
(5) Where an application is made under subsection (4), the magistrate may, subject to subsection (6), issue a warrant authorising a police officer (whether or not named in the warrant), with such assistance, and by such force, as is necessary and reasonable-
(a) to enter upon the land, or upon or into the premises;
(b) to search the land or premises for the thing; and
(c) to seize any thing found in the course of the search that the police officer believes, on reasonable grounds, to be relevant to the proceeding or investigation.
(6) A magistrate shall not issue a warrant under this section unless-
(a) the informant or some other person has given to him either orally or by affidavit, such further information, if any, as he requires concerning the grounds on which the issue of the warrant is sought; and
(b) he is satisfied that there are reasonable grounds for issuing the warrant.
(7) There shall be stated in a warrant issued under this section-
(a) the purpose for which the warrant is issued, including a reference to the nature of the criminal matter in relation to which the search is authorised;
(b) whether the search is authorised at any time of the day or night or during specified hours of the day or night;
(c) a description of the kind of things authorised to be seized; and
(d) a day, not being later than one month after the issue of the warrant, on which the
warrant ceases to have effect.
(8) If, in the course of searching, under a warrant issued under this section, for a thing of a kind specified in the warrant, the police officer finds another thing that he believes on reasonable grounds-
(a) to be relevant to the proceeding or investigation in the foreign country or to afford evidence as to the commission of a criminal offence; and
(b) is likely to be concealed, lost or destroyed if it is not seized, the warrant shall be deemed to authorise him to seize the other thing.
(9) Where a police officer finds, as a result of a search in accordance with a warrant issued under this section, a thing which he seizes wholly or partly because he believes the thing on reasonable grounds to be relevant to the proceeding or investigation in the foreign country, he shall deliver the thing into the custody and control of the Commissioner of Police.
(10) Where a thing is delivered into the custody and control of the Commissioner of Police under subsection (9), the Commissioner shall arrange for the thing to be kept for a period not exceeding one month from the day on which the thing was seized pending a direction in writing from the Director of Public Prosecutions as to the manner in which the thing is to be dealt with (which may include a direction that the thing be sent to an authority of a foreign country).
(11) A police officer who executes a search warrant issued under subsection (3) or (5) shall,
as soon as practicable after the execution of the warrant, give to the person, or give to the owner or occupier of the land or premises or leave in a prominent position on the land or at the premises, as the case requires, a notice setting out-
(a) the name and rank of the police officer;
(b) the name of the magistrate who issued the warrant and the day on which it was issued; and
(c) a description of any things seized and removed in accordance with the warrant.
(12) A police officer acting in accordance with a warrant issued under subsection (3) may remove, or require a person to remove, any of the clothing that the person is wearing but only if the removal of the clothing is necessary and reasonable for an effective search of the person under the warrant.
(13) A person shall not be searched under a warrant issued under subsection (3) except by a person of the same sex.
(14) Where a police officer is authorised, under a warrant issued under subsection (3), to search a person, the police officer may also search-
(a) the clothing that is being worn by the person; and
(b) any property in, or apparently in, the person's immediate control.
Section 29: (1) Where-
(a) a foreign country requests the Director of Public Prosecutions to make arrangements for the enforcement of a foreign confiscation order made in respect of a serious offence, against property that is believed to be located in Botswana; and
(b) the Director of Public Prosecutions is satisfied that-
(i) a person has been convicted of the offence; and
(ii) the conviction and the order are not subject to further appeal in the foreigncountry, the Director of Public Prosecutions may apply for the registration of the order in the High Court.
(2) Where a foreign country requests the Director of Public Prosecutions to make
arrangements for the enforcement of a foreign restraining order, made in respect of a serious offence, against property that is believed to be located in Botswana, the Director of Public Prosecutions may apply for the registration of the order in the High Court.
(3) A foreign confiscation order, or a foreign restraining order, as the case may be, registered in the High Court in accordance with this section has effect, and may be enforced, as if it were an order made by a court under the Proceeds of Serious Crime Act.
(4) Where an order is registered in a court in accordance with this section, a copy of any amendments made to the order (whether before or after registration) may be registered in the same way as the order and the amendments do not have effect until they are registered.
Section 30: Where-
(a) a criminal proceeding or criminal investigation has commenced in respect of a foreign country in respect of a serious offence;
(b) there are reasonable grounds to believe that tainted property in relation to the offence is located in Botswana; and
(c) the foreign country requests the Director of Public Prosecutions to obtain the issue of a search warrant under the Proceeds of Serious Crime Act in relation to the tainted property, the Director of Public Prosecutions may authorise a police officer to apply to a magistrate for the search warrant requested by the foreign country.
Section 31: Where-
(a) a criminal proceeding has commenced in a foreign country in respect of a serious offence;
(b) there are reasonable grounds to believe that property that may be made or is about to be made the subject of a foreign restraining order is located in Botswana; and
(c) the foreign country requests the Director of Public Prosecutions to obtain the issue of a restraining order under the Proceeds of Serious Crime Act against the property, the Director of Public Prosecutions may apply to a magistrate's court or the High Court for the restraining order requested by the foreign country.
Section 32: Where-
(a) a criminal proceeding or criminal investigation has commenced in a foreign country in respect of a serious offence;
(b) a document in relation to the offence is reasonably believed to be located in
Botswana; and (c) the foreign country requests the Director of Public Prosecutions to obtain the issue of-
(i) a production order under the Proceeds of Serious Crime Act in respect of the document; or
(ii) a search warrant under the Proceeds of Serious Crime Act in respect of the document, the Director of Public Prosecutions may authorise a police officer to apply to a magistrate or a judge of the High Court for the order requested by the foreign country.
(2) Where-
(a) a criminal proceeding or criminal investigation has commenced in a foreign country in respect of a serious offence that is-
(i) a money laundering offence in respect of proceeds of a serious offence; or
(ii) an ancillary offence in relation to an offence of a kind referred to in subparagraph (i);
(b) information about transaction conducted through an account with a financial institution in Botswana is reasonably believed to be relevant to the proceeding or investigation; and
(c) the foreign country requests the Director of Public Prosecutions to obtain the issue of an order under the Proceeds of Serious Crime Act directing the financial institution to give information to the police about transactions conducted through the account, the Director of Public Prosecutions may authorise a police officer to apply to a magistrate or a judge of the High Court for the order requested by the foreign country.

Bank of Botswana Act 19 of 1996

Bank of Botswana Act [Chapter 55:01], 1996
Section 70: (1) For the purposes of the administration of this Act and in the proper performance of its functions under this Act, the Bank may call for such information as it may require from any person.
(2) Any person who fails to supply any information called for by the Bank under subsection (1) or who supplies any false or misleading information shall be guilty of an offence and shall be liable to a fine not exceeding P50 000 or to imprisonment for a term not exceeding two years, or to both.

Banking Act 13 of 1995

Banking Act 13 of 1995
Section 21: (1) The Central Bank may, for the purpose of the administration of this Act, call for any information which it may require, from any bank, concerning its operations in Botswana or those of its affiliates in Botswana and subsidiaries abroad, if any.
(2) The Central Bank may direct that all or any part of the information submitted pursuant to this section shall be audited, either by the bank's own external auditors or by an auditor appointed by the Central Bank, at such bank's own expense.
(3) Where, under this Act, any information or document is required to be supplied to the Central Bank within a specified period, the Central Bank may, at the request of the bank concerned, extend such period.
(4) A bank shall notify the Central Bank of any transaction by any of its customers which it suspects to be money laundering.
(5) Any bank that fails to supply any information called for by the Central Bank under subsection (1), or fails to supply it within the time, or extended time, stipulated by the Central Bank, or that supplies false or misleading information, or that fails to notify the Central Bank of any suspicious transaction under subsection (4), shall be guilty of an offence and liable to a fine of P10 000.”