Gambling (Promotion Competition) Regulations 2023

Recently, on 18 August 2023, the Gambling (Promotion Competition) Regulations 2023 were published. In terms of the regulations, promotional competitions are now allowed provided the promoters pay a fee, amongst other things. The duration of such promotional competitions is limited to six months, but promoters can apply for an extension. The types of awards are restricted by the regulations and if a prize winner is a minor, there is a requirement that such minor must obtain written consent from their parent or legal guardian.

Minchin & Kelly (Botswana) advises Tshukudu Metals on the US$60 million finance facility uplift

Minchin & Kelly (Botswana) were the project finance legal advisors in Botswana for Tshukudu Metals Botswana (Pty) Ltd (Tshukudu) on the US$60 million finance facility uplift for the expansion of its Motheo copper project (Motheo), which is located in the Ghanzi District of Botswana. Tshukudu is a subsidiary of Sandfire Resources Limited, one of the largest copper-focused companies on the Australian Securities Exchange.

Minchin & Kelly (Botswana) also advised on the initial US$140 million finance facility executed in September 2022 for Motheo, which was officially opened in August 2023 by His Excellency Dr. Mokgweetsi Eric Keabetswe Masisi, the President of the Republic of Botswana.

Bokamoso Private Hospital Wellness Day Commemoration

On Friday the 15th of September 2023, our Head of the Financial Recoveries division Nyaradzo Mupfuti together with our Agang Mfolwe, were invited by Bokamoso Private Hospital to speak at their Wellness Day Commemoration. The topic was “Financial Health from a legal perspective” and our team highlighted their experience handling debt collection matters and the legal process thereof.

Debt is a factor that can affect one’s financial health. Our team discussed how the negative effects of debt can be mitigated.

Minchin & Kelly is always delighted to support and collaborate with our clients.

#MinchinKelly

#DLAPiperAfrica

#DLAPiper

#TeamWork

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

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

Stanbic Bank Botswana Legal Awareness Day

Minchin and Kelly (Botswana) participated in Stanbic Bank Botswana’s legal awareness day held on 1 September 2023. The team was led by Mr. Terence Dambe, the managing partner of Minchin and Kelly (Botswana), and he was accompanied by Gape Khuwa, Victor Chilembwe and Razeena Moorad. Amongst other things, the team presented and offered legal advice on property law to Stanbic Bank Botswana’s staff and the general public.

Stanbic Bank Botswana’s legal awareness was a wonderful opportunity for Minchin and Kelly (Botswana) to collaborate with its stakeholders and the community at large.

Chats Foundation Wellness Day

This past weekend Team M&K (also known as Team Mufasa), participated in the annual Chats Foundation Wellness Day, an event hosted by the Chats Bua Le Nna Foundation dedicated to raising awareness on gender-based violence and providing support to victims and organizations tackling GBV in Botswana.

There’s nothing quite like the atmosphere of good fun and a little bit of healthy competition to bring about a sense of team spirit and boost morale!

We’d like to thank the Chats Bua Le Nna Foundation for including us in the event and their fight against GBV.

We stand together with all the victims of gender-based violence as we fight for a better future.

Annual Winter Internship Programme

Interns are like uncut diamonds, they have flaws, but once you cut them well, they can become something great, and that’s what we have been doing for the past two months – cutting diamonds.

Galaletsang Mogapaesi, Tshireletso Moleofe & Lesego Malatele joined us for our Annual Winter Internship Programme on the 1st of June. The programme ran from the 1st of June 2023 to the 28th of July 2023. Their presence certainly brought a different spirit and passion to the office.

“The experience was amazing, I loved every single moment. The knowledge, the challenge, the work ethic, the overall coordination and the impact its had on my personal life and professional growth. I will forever be grateful to M&K for the opportunity. I have been truly inspired.” – Tshireletso Moleofe

“Undoubtedly, I used to be overwhelmed with a sense of urgency to deliver the answer when given a research task. I learned to be patient and diligent so as to deliver a research report only when I have comprehensively answered all the issues therein. This would aid me not to rush to render advice to clients before having comprehensively considered all the options that they might have.” – Lesego Malatele

“My two months stay at M&K was an eye-opening experience. I had the privilege of working with an outstanding legal team which boosted a lot of my hidden traits and skills. I had the opportunity of exploring the different departments in M&K and this taught me that the legal field can be quite dynamic. This helped me garner the knowledge of adapting swiftly to different circumstances and remaining composed under pressure. My experience also reinforced the significance of precision in any work I produce and as my supervisor always says, “Check your work and check it again!” – Galaletsang Mogapaesi

We wish them all the best in their future endeavours!

Public Procurement (National Electronic Procurement) Regulations

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

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

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

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

Terence Dambe appointed an Arbitrator of the Court of Arbitration for Sport (CAS)

We are pleased to announce that the International Council of Arbitration (ICAS) has appointed Terence Dambe an Arbitrator of the Court of Arbitration for Sport (CAS). Terence has a long history of involvement with football administration from a legal perspective. From 2001 to 2006 he served as Legal Advisor, National Executive Member of the Botswana Football Association (BFA) and ex-officio member of the BFA Disciplinary Committee, during which time he formed part of the team that effected transformative changes to the BFA Constitution. In 2007, as part of the Confederation of African Football (CAF) 50 Years Golden Jubilee Awards, he was one of fifty Batswana who were honoured for their efforts towards the development of football in Botswana. He is a past member of the CAF Legal Affairs and Player Statutes Committee. He currently serves as Chairman of the Botswana Football Association Disciplinary Committee, a post he will resign from as a result of this appointment.

We wish Terence all the best in his new role.

The Transfer Duty (Amendment) Act No. 5 of 2023 came into effect on the 3rd May 2023

The highlights:

  • New tribal land and state allocations are not subject to transfer duty
  • Transfer duty on the sale of property to non-citizens has been reduced from 30% of the value or purchase price (whichever is the higher)  to 10% for any purchase/value up to P2,000,000 and 15% for any purchase/value in excess of P2,000,000
  • The Commissioner General shall use council valuations or appoint a competent and disinterested person to determine the just and fair value of properties in tribal areas
  • With transactions involving immovable property on tribal land, the Commissioner General may at his/her discretion request a valuation certificate executed by a valuer registered in accordance with the Real Estate Professionals Act
  • The amount upon which citizens shall not be charged transfer duty has been increased from the first P1,000,000 to the first P1,500,000 of the total purchase price or value of the immovable property
  • With various transactions which have been exempted from transfer duty under the Act, valuation certificates shall not be required neither will the submission of declarations to the Commissioner General
  • Where value added tax is payable in a property transaction, transfer duty shall be waived
  • Immovable property acquired by a parent of a deceased child who dies intestate without a spouse or child shall be exempt from transfer duty