coat of arms 600x400  Parliament of Botswana 

 

The Order Paper contains items of business the National Assembly has scheduled to carry out or consider on a particular day. These can include resumed debate on a bill or motion, or the presentation of a report or other documents.


 
BOTSWANA NATIONAL ASSEMBLY


O R D E R  P A P E R


(THURSDAY 12TH APRIL, 2018)

QUESTIONS

1. MR. H. G. NKAIGWA, MP. (GABORONE NORTH): To ask the Minister of Youth Empowerment, Sport and Culture Development:

(i) what happened to the position paper that was handed to the Minister by the creative industry;

(ii) if there are plans to establish an Arts Council; if so, when and if not, why; and

(iii) what happened to the grants that were given to associations in the past years.

2. MR. H. G. NKAIGWA, MP. (GABORONE NORTH): To ask the Minister of Youth Empowerment, Sport and Culture Development to state:  
 (i) the nature of his working relationship with the Botswana Music Union and other associations;
 (ii) the number of times he has engaged with such associations; and
 (iii) why he chooses to deal with artists directly without the involvement of their associations.

3. MR. P. MAJAGA, MP. (NATA-GWETA):  To ask the Minister of Local Government and Rural Development to state the guidelines regarding the use of donkey carts issued to districts in Botswana in relation to:-
 (i) whether Government will be owning the donkeys and how much has been budgeted for the upkeep of each donkey and how many will be needed per school;  
 (ii) possible workman’s compensation;  
 (iii) how many cart drivers are to be engaged and at what rate;  
 (iv) who initiated this programme and where was it benchmarked (name three countries with this kind of transport) for students; and
 (v) how much Government will lose in monetary terms if this programme fails.

4. MR. S. LELATISITSWE, MP. (BOTETI EAST): To ask the Minister of Mineral Resources, Green Technology and Energy Security if he is aware of the status of the people who were relocated from their cattleposts by Debswana during the exploration/construction of Letlhakane DK1 Mine and Orapa Mine; if so, to state:
 (i) their current level of wealth compared with what Debswana shareholders are enjoying and the tribes concerned/ affected;
 (ii) what they were given as compensation;
 (iii) whether it is true that those from DK1 were dumped at borehole L009 (2125B301754) and nothing was done by Debswana to get Landboard (Ngwato) to issue them land rights;
 (iv) how these people are going to be assisted and be given land near where the borehole is; and
 (v) if it is true that these people were taken advantage of because they are Basarwa.

5. MR. S. LELATISITSWE, MP. (BOTETI EAST): To ask the Minister of Mineral Resources, Green Technology and Energy Security to brief this Honourable House on complaints raised by some families concerning the borehole site identified as L009 (2125B301754); and he should further state:

(i) their level of wealth and access to water;

(ii) who is currently working for Debswana among the offsprings of these families;

(iii) the number from these families that were directly sponsored by Debswana to appreciate what their forefathers did for Debswana shareholders; and

(iv) how Debswana will identify these families.

QUESTIONS WITHOUT NOTICE

6. MR. E. J. BATSHU, MP. (NKANGE): To ask the Minister of Health and Wellness to provide a detailed milestone chart (delivery plan) for the construction of a seventy (70) bed primary hospital in Tutume, in particular:

(i) when construction is expected to start; and  

(ii) the number of staff houses in this project.

7. MR. E. J. BATSHU, MP. (NKANGE): To ask the Minister of Land Management, Water and Sanitation Services to provide a detailed milestone chart (delivery plan) for the reticulation of water from Ntimbale dam to the Tutume Sub District, under the World Bank loan, considering that there is a looming water crisis situation, because some boreholes which have been supplying the area have collapsed.

8. MR. D. L. KEORAPETSE, MP. SELEBI PHIKWE WEST: To ask the Minister for Presidential Affairs, Governance and Public Administration to update this Honourable House on the election of His Excellency the President under the Constitution of the Republic of Botswana and to further explain:

(i) if the Honourable Speaker of the National Assembly is aware that she must convene a meeting of the National Assembly on the seventh day of the ceasing to hold office of former President Lt. Gen. Dr. Seretse Khama Ian Khama or on such earlier day as may be appointed by her (the Honourable Speaker), for the election of President of the Botswana in terms of Section 35(4) of the Constitution of Botswana; if so,  

(ii) when she intends to convene such a meeting given that the deadline for so doing is Tuesday, 9th April, 2018; and if not

(iii) her reasons for failure and/or refusal to do so when it is very clear that His Excellency the President Mokgweetsi E. K. Masisi’s current term of office is merely temporary in that section 35(1) of the Constitution is clearly subject to Sections 35(3) and 35(4) of the Constitution.

TABLING OF PAPER

 Performance Audit Report No 3. of 2017 on the Management of Borrowing Activities by the Development and Budget Division in the Ministry of Finance and Economic Development (MFED).
 (Minister of Finance and Economic Development)

MOTION FOR THE ADJOURNMENT – DEFINITE MATTER OF URGENT PUBLIC IMPORTANCE

 “That this Honourable House requests Government to instruct the Auditor General to conduct a forensic audit on the affairs of the Botswana Public Officers’ Pension Fund with immediate effect.”

(Mr. S. M. Ntlhaile, MP. – Jwaneng/Mabutsane)

4

NOTICE OF MOTIONS AND ORDERS OF THE DAY

COMMITTEE STAGES
 1. Arms and Ammunition Bill, 2017 (Bill No. 26 of 2017)
 An Act to provide for the sale, import, export and illicit manufacturing of arms and ammunitions and trafficking in firearms; and to provide for matters incidental or connected therewith.

(Published on 28th July, 2017)

(Minister of Defence, Justice and Security)

(Resumed Debate)

AMENDMENTS

1. Clause 19 of the Bill appearing at page B.249 is amended by –

(a) substituting clause 19 (1) with the following clause –

“(1) Subject to the provisions of this section, no person shall manufacture any firearm, a part or a component except under and in accordance with a manufacturer’s licence issued under this section.”

(b) substituting the penalty at clause 19 (4) thereof to be –

“…a fine not exceeding P10 000 or to a term of imprisonment not exceeding five years, or to both.”

(Minister of Defence, Justice and Security)

2. Clause 22 of the Bill appearing at page B.250 is amended by –

(a) deleting the words “registration” thereof appearing at clause 22 (2); and (b) substituting the penalty at clause 22 (3) thereof to be –

“…a fine not exceeding P5 000 or to a term of imprisonment not exceeding three years, or to both.”

(Minister of Defence, Justice and Security)

4. Clause 25 of the Bill appearing at page B.251 is amended by substituting the penalty at

(a) Clause 25(3) to be –  
 “…a fine not exceeding P10 000 or to a term of imprisonment not exceeding five years, or to both,” and

(b) Clause 25(4) to be –  
 “…a fine not exceeding P10 000 or to a term of imprisonment not exceeding five years, or to both.”
 (Minister of Defence, Justice and Security)

5. Clause 32 of the Bill appearing at page B.252 is amended by substituting the penalty thereof to be –  
 “…a fine not exceeding P5 000 or to a term of imprisonment not exceeding three years, or to both.”
 (Minister of Defence, Justice and Security)
 6. Clause 33(5) of the Bill appearing at page B.253 is amended by substituting the penalty thereof to be –  
 “…a fine not exceeding P5 000 or to a term of imprisonment not exceeding three years, or to both.”
 (Minister of Defence, Justice and Security)

7. Clause 36(5) of the Bill appearing at page B.254 is amended by substituting the penalty thereof to be –  

“…a fine not exceeding P5 000 or to a term of imprisonment not exceeding three years, or to both.”
 (Minister of Defence, Justice and Security)

8 Clause 37(2) of the Bill appearing at page B.254 is amended by substituting the penalty thereof to be –
 “…a fine not exceeding P5 000 or to a term of imprisonment not exceeding three years, or to both.”
 (Minister of Defence, Justice and Security)

9. Clause 42 of the Bill appearing at page B.256 is amended –  
 (a) at clause 42(1) by deleting the word –  

“can” in the first line; and

(b) at clause 42(2) of the Bill by inserting the word “imprisonment” after the words “term of..”.
 (Minister of Defence, Justice and Security)


10. The Bill is amended at page B.256 by inserting immediately after clause 42 (Conversions) the following new clause –  
 “ Part and component

 43.  A person who is found in possession of any part or component of a firearm without a licence or permit or other lawful justification, commits an offence and is liable to a fine not exceeding P5 000 or to a term of imprisonment not exceeding three years, or to both.”
 (Minister of Defence, Justice and Security)
 11. Clause 43(2) of the Bill appearing at page B.256 is amended by inserting the word “imprisonment” after the words “term of…”.
 (Minister of Defence, Justice and Security)

12. The Bill is amended at page B.251 by renumbering clause 27 to be clause 26 and accordingly renumber the Bill from clause 26 up to clause 47 and corresponding cross referencing.
 (Minister of Defence, Justice and Security)

2. Matimela Bill, 2017 (Bill No. 29 of 2017)
 An Act to re-enact, with amendments, the Matimela Act to provide for the collection, reporting and sale of matimela within districts and elsewhere in Botswana; and to provide for matters incidental thereto.

(Published on 13th October, 2017)
 (Minister of Local Government and Rural Development)
 (Resumed Debate)

AMENDMENTS

1. The Bill is amended at clause 22 (2) appearing on page B.283 by substituting that clause with the following new clause –
 “22 (2) The Council or any interested party may make an application to any court of law for declaration of the council’s or interested party’s rights in the matter, in the event of there being any dispute as to whether − ”
 (Minister of Local Government and Rural Development) 2. The Bill is amended at page B.283 by deleting clause 22 (3).

(Minister of Local Government and Rural Development)


3. Cybercrime and Computer Related Crimes Bill, 2017 (Bill No. 33 of 2017)
 An Act to repeal and re-enact, with amendments, the Cybercrime and Computer Related Crimes Act.

(Published on 20th October, 2017)
 (Minister of Defence, Justice and Security)

4. Penal Code (Amendment) Bill, 2018 (Bill No. 7 of 2018)
 An Act to amend the Penal Code to, among others enhance penalties at Division II and sections 177 − 189 which are considered low and therefore not deterring, insert new provisions dealing with possession of human flesh, body parts or human remains and cannibalism, and align the Act with certain provisions of the Children’s Act.
 (Published on 23rd February, 2018)
 (Minister of Defence, Justice and Security)

AMENDMENTS

1. The Bill is amended at page B.43 by inserting immediately after clause 2, the following new clause –  

“Amendment of section 13
2A. The Act is amended in section 13 by substituting for subsection (3) the following new subsection –

“(3)  Any person under the age of 12 years is presumed to be incapable of having carnal knowledge.”.”

(Mr. D. L. Keorapetse, MP. – Selebi Phikwe West)

2. Clause 13 appearing on page B.46 is amended by substituting for paragraph (b), the following new paragraph –

 “(b) by substituting for subsection (5), the following new subsection –

 (5) It shall be a sufficient defence to any charge under this section if it appears to the court before whom the charge is brought that the person so charged is – i. less than two years older than the person so defiled;
 ii. not in a position of trust or authority towards the person so defiled;


iii. not a person with whom the person so defiled is in a relationship of dependency; and  
 iv. not in a relationship with the person so defiled that is exploitative of the person so defiled.”.
 (Minister of Defence, Justice and Security)

3. Clause 13 appearing on page B.46 is amended by substituting for paragraph (b) the following new paragraph –

 “ (b) by substituting for subsection (5), the following new subsection –  

“(5) It shall be a sufficient defence to any charge under this section if it appears to the court before which the charge is brought that –

(a)  the person so charged is not more than 2 years older than the said person at the time of the sexual act;

(b) both parties who engage in carnal knowledge are 12 years or older.”.”

(Mr. D. L. Keorapetse, MP. – Selebi Phikwe West)

5. Police (Amendment) Bill, 2017 (Bill No. 28 of 2017)
 An Act to amend the Police Act.

(Published on 13th October, 2017)
 (Minister of Defence, Justice and Security)

AMENDMENTS

1. The Bill is amended at clause 3 on page B. 270 by –

(a) substituting for paragraph (b) in subsection (1A) the following paragraph – “( b ) may enter into an agreement with any foreign law enforcement agency in the interest of national security, for the purpose of joint operations and sharing of information to enable cooperation in criminal matters.”.

(b) inserting immediately after subsection (1A) the following new subsections –
 “(1B) Nothing in this section shall preclude the disclosure of information by the Service to a comparable body in a foreign country for the purpose of assisting it in exercising functions corresponding to those of the Service under this Act.

(1C) The Service shall regard, and deal with as confidential, all documents and information shared under this section.”.
 (Minister of Defence, Justice and Security)

2. The Bill is amended at clause 4
(b) at subsection 2
(b) on page B. 270 by substituting for the words “shall be on contract terms” the words “may be on contract or permanent and pensionable terms”.
 (Minister of Defence, Justice and Security)

3. The Bill is amended by substituting for clause 8 on page B. 271 the following section –

“ Insertion of
 section 15A  in the Act

8. The Act is amended by inserting immediately 15, after section the following new section

Compulsory
 retirement

15A. (1) A police officer appointed on permanent and  pensionable terms shall retire from the Service on attaining the age of 62 years.


(2) Notwithstanding subsection (1), the appointing authority may if he considers it to be in the interest of the Service, permit a police officer to remain in the Service for such period as the appointing authority may determine.”.
 (Minister of Defence, Justice and Security)

6. Companies Re-registration Bill, 2018 (Bill No. 2 of 2018)
 An Act to provide for the reregistration of existing companies under the Companies Act; and for matters incidental thereto.

(Published on 9th February, 2018)

(Minister of Investment, Trade and Industry)

AMENDMENTS

1. Clause 2 of the Bill is amended at page B.6 by inserting in alphabetical order the following new definition

“beneficial owner” means a natural person who, directly or indirectly through any contract, arrangement, understanding, relationship or otherwise, is the ultimate beneficiary of a share or other securities in a company”

(Minister of Investment, Trade and Industry)

2. Clause 3 (3) (b) of the Bill appearing at page B.7 is amended by inserting immediately after the words “shareholders” the words “beneficial owners”

(Minister of Investment, Trade and Industry)

7. Registration of Business Names Re-Registration Bill, 2018 (Bill No. 3 of 2018)
 An Act to provide for the reregistration of existing business names under the Registration of Business Names Act, and for matters incidental thereto.
 (Published on 9th February, 2018)

(Minister of Investment, Trade and Industry)

1. Clause 2 of the Bill is amended at page B.10 by inserting in alphabetical order  the following new definition –

“beneficial owner” means a natural person who, directly or indirectly through any contract, arrangement, understanding, relationship or otherwise, is the ultimate beneficiary of a share or other securities in a company”
 (Minister of Investment, Trade and Industry)

2.  Clause 2 of the Bill is amended at page B. 10 at the definition of “transition period” by substituting for the words “six months” with the words “twelve months”.

(Minister of Investment, Trade and Industry)
 3. Clause 3(3)(g) of the Bill appearing at page B.11 is amended by inserting  immediately after the words “shareholder” the words “, and a beneficial owner”

(Minister of Investment, Trade and Industry)

8. Registration of Business Names Bill, 2018 (Bill No. 4 of 2018)
 An Act to make provision for the registration of firms, individuals and bodies corporate carrying on business under a business name, and for matters incidental thereto and connected therewith.

(Published on 9th February, 2018)

(Minister of Investment, Trade and Industry)

AMENDMENTS

1. Clause 2 of the Bill is amended at page B. 14 by inserting in alphabetical order the following new definition -

 ““beneficial owner” means a natural person who, directly or indirectly  through any contract, arrangement, understanding, relationship or otherwise, is the ultimate beneficiary of a share or other securities in a company”

(Minister of Investment, Trade and Industry)

2.   Clause 7(1) (g) of the Bill appearing at page B. 17 is amended by inserting immediately after the words “shareholder” the words “, and a beneficial owner.”
 (Minister of Investment, Trade and Industry)
 3.  Clause 11(1)(d) of the Bill appearing at page B.18 is amended by substituting paragraph (d) with the following new paragraph –

 “(d) names, particulars of individuals or body corporate and particulars of    partners, shareholders or beneficial owners,”  

(Minister of Investiment, Trade and Industry)

9. Companies (Amendment)  Bill, 2018 (Bill No. 5 of 2018)
 An Act to amend the Companies Act.


(Published on 9th February, 2018)
 (Minister of Investment, Trade and Industry)

AMENDMENTS

1. Clause 2 appearing at page B.26 is amended in paragraph (a) by inserting immediately before the word “person,” the word “natural”.
 (Minister of Investment, Trade and Industry)

 Clause 4 appearing at page B.26 is amended by deleting the words “or her” which appear in paragraph (b).

 (Minister of Investment, Trade and Industry)