List

1.

Whatever you do this festive do NOT buy land from a desperate seller or any seller without your Attorney present. The paper work must swap places wit the money! refuse to be pressured by estate agents.

2.

For widows / widowers with children contemplating entering into marriages, consult your attorney to help you put your house in order before you publish wedding banns

3.

Avoid gentlemen agreements that involve you paying money or handing over an asset without getting anything in return, even if you are related.

4.

For co-parents, consider entering into parenting agreements to govern your future relations and to minimize tension and scheduling misunderstandings.

5.

For single parents consider applying for full guardianship rights (decision making authority) especially if the other parent is an absent parent who appears in name only on the birth certificate.

6.

As for the mangoes (fruits) hanging on your side of the fence, they do not belong to anyone & therefore may be consumed by anyone who can reach them.

Its common knowledge to anyone who went to primary school that the Legislature is the arm of government responsible for making laws in a democratic society.

Laws are made to maintain order, to settle disputes and to protect the interests of the state and its citizens. It is the function of the law to reinforce social values that include morality, customs and conventions.

Custom is a habitual practice

Convention is an agreed rule that guide social lives.

The creation of laws is triggered by a number of events, these are:

1. Public opinion advocating for change
2. Pressure group campaign
3. Government manifesto campaign (what political leaders promise people to do)
4. Decisions of the court of law. – When a court of law, particularly the Court of Appeal decides that an existing law violates the constitution or goes against public policy, It declares it null and void. The impact of the decision is to compel / place a mandate on Parliament to revise, amend or enact an appropriate law.
5. Report from a commission of enquiry. An example is the Constitutional Review Commission that travelled around the country during the year 2022.
6. Recommendations from service departments. – This is because they are responsible for enforcement of laws passed by Parliament & they experience the challenges and impracticalities of enforcing those laws.

Laws aren’t made overnight, they are a result of continuous exertion of pressure on the relevant authorities. It is a task that demands deliberate action and relentless advocacy. The laws we see in force in Botswana today are a result of the actions of those who refused to give Parliament a reprieve.

A good example of the continuous advocacy is the Anti Gender Based Violence Movement.

This began as a protest against the indifference of law enforcement agencies. Then it became an active campaign that garnered support in every department on social media and other digital platforms. It also gained the support of neighboring countries who advocated for non-violence.

This therefore made it impossible to ignore by any officials and it compelled a sense or urgency in law making.

The result was a revised Domestic Violence Act, the creation of a specialized court and the continuous awareness campaign on law enforcement agencies. This is the type of pressure & relentless effort it takes to create new laws.

It is not enough to protest before Parliament and to deliver petitions. There must be constant and deliberate commitment to change.

It is not enough to comment at Kgotla meetings, there has to be coordinated action in and out of season.

Every law that has been passed in Botswana was passed with your consent, your indifference subjected you to the laws that now apply to you.

How do you influence/participate in law making

• Support campaigns driven towards positive reforms such as the Anti-Drug Campaign / Anti GBV
• Donate money to causes that lobby for law reforms or amendment.
• Participation is key. Support is key. The strength of a campaign and its impact depends on its finances & resources.

How to Legally Own a Firearm

Gun ownership is a topic that raises various debates and concerns around the world. Different countries have distinct regulations in place to control the possession and use of firearms. In Botswana, a southern African nation known for its rich wildlife and diverse landscapes, gun ownership is subject to specific laws and procedures. If you’re interested in legally owning a firearm in Botswana, it’s crucial to understand the legal framework and follow the necessary steps to ensure compliance. This comprehensive guide will walk you through the gun laws in Botswana and provide a step-by-step explanation of the process to obtain a firearm license.

Understanding Gun Laws in Botswana

To navigate the process of owning a firearm in Botswana, it’s essential to familiarize yourself with the country’s gun laws. The Firearms Act of 1979 serves as the primary legislation regulating firearm ownership in Botswana. This Act, along with subsequent amendments, outlines the legal requirements, restrictions, and penalties related to firearms.

Botswana’s gun laws aim to strike a balance between individual rights and public safety. The government recognizes the importance of firearm control to mitigate the risks associated with gun ownership. Consequently, specific eligibility criteria and procedural guidelines have been established to ensure responsible ownership.

Eligibility Requirements for Gun Ownership

Before embarking on the journey to acquire a firearm in Botswana, it’s crucial to determine whether you meet the eligibility requirements. To legally possess a firearm, you must be at least 21 years old and mentally sound. Additionally, individuals with criminal convictions or a history of violence are generally ineligible for firearm ownership. Meeting these requirements is a fundamental step in the process and sets the foundation for a lawful and responsible approach to gun ownership.

Applying for a Firearm License

Once you have confirmed your eligibility, the next step is to initiate the application process for a firearm license. The application form can be obtained from your local police station, and it is essential to complete it accurately and honestly. The form will require personal information, including your full name, address, contact details, and details about the intended use of the firearm. Honesty and transparency throughout the application process are crucial to ensure a smooth and lawful acquisition.

Supporting Documents and Firearm Competency Training

Alongside the application form, you will need to provide several supporting documents to substantiate your application. These typically include proof of identity (such as a national ID or passport), proof of address, character references, and two recent passport-sized photographs. The supporting documents serve to establish your identity, residence, and character.

Moreover, before obtaining a firearm license, you must complete a firearm competency training course. This training is designed to equip you with the necessary knowledge and skills related to firearm safety, handling, and basic marksmanship. Successful completion of the training will result in a certificate of competency, which is an essential requirement for the firearm license application.

Background Checks and Investigations

Once you have submitted your application and provided the required documents, the local police will initiate thorough background checks and investigations. These checks are conducted to ensure that the applicant has a clean criminal record and is a responsible individual deserving of firearm ownership. As part of the process, the police may conduct interviews with your character references and neighbors to gather additional information about your suitability for firearm ownership.

Approval, Licensing, and Firearm Acquisition

Upon successful completion of the background checks and investigations, and assuming you meet all the necessary requirements, your firearm license application will be reviewed. If approved, you will be issued a firearm license specifying the type and caliber of the firearm you are authorized to possess. The license will also outline any specific conditions or restrictions associated with your firearm ownership.

With a valid firearm license in hand, you can proceed to purchase a firearm from a licensed firearm dealer. It’s important to adhere to the stipulated regulations and ensure that the purchased firearm aligns with the specifications mentioned in your license. Once you acquire a firearm, it must be registered with the police within a specified period, typically within seven days, to maintain compliance with the law.

lawraven

Question :Can you recover your investment from a Ponzi Scheme?

The answer is No.

Reasons:

1. You do not know the Identity of the entity(Individuals who benefited from your money, you can not sue a party whom you do not know.)
2. such schemes are illegal because they amount to fraud. The law does not recognize or listen to cases based on illegal transactions.
3. such schemes encourage Tax invasion. most of you do not pay tax on your income from the schemes so no Government entity will sympathize with you for your loss.

@lawraven

In the context of the legal fraternity , taxation means moderation . It is a process by which a successful party can have their bill of costs moderated and confirmed as court order.

Taxation is where the buck stops in the litigation process. Here is a basic outline of how it works:

1. The court when granting judgement also awards costs to a successful party.
2. The court stipulates the scale on which costs will be billed. That is, it can either be costs on the ordinary scale or on a higher scale called the Attorney – Client scale. The latter scale is awarded only when the court wishes to show its displeasure against the losing party.
3. The successful party then prepares what we call a Bill of Costs, It is a detailed invoice of all the costs that the successful party had to pay for during the litigation process.
4. The bill is then filed at court and a stamp fee of P60.00 is paid by whoever files the papers, and a copy of the bill is then served to the unsuccessful party so that they can prepare themselves.
5. The registrar will set a date for taxation and invite the parties to come for taxation of the Bill.
6. On the day of taxation , the parties have the option to settle without going over the cost of each item or they go through the taxation process by discussing whether each item billed for is reasonable.
7. At the end of the meeting , the total costs are added and the registrar issues an order directing the unsuccessful party to pay the costs. The Registrar’s order is as valid as any court judgement. The unsuccessful party may negotiate for a grace period if the other party is open to it. Generally costs are payable immediately.

Things To Note:

1. Taxation is more beneficial if the successful party had an attorney representing them. Individuals may only recover transport costs and printing costs.
2. Insist on a record being written on the proceedings of taxation especially if you do not agree with certain awards made by the Registrar

How To Prepare For Taxation:

The general rule is that the more experienced the attorney, the higher their hourly rate. With that in mind, you should also ensure that you have the following documents when you go for taxation:

1. Certification of admission to practice or your practicing certificate for the first year of practice.
2. Valid practicing certificate to establish that you are qualified to enjoy costs

If you have proof of your years of experience it is easy to set the hourly rate to be used throughout the Bill. Failure to produce proof of your admission could cost you thousands so always be prepared. Do not assume that the other attorney know you or the registrar knows you. Technicalities can really cost an attorney and their client a lot of money.

Right To Review

Every administrative decision can be reviewed by a court if the other party is displeased with the manner in which such decision was reached. That means, you can complain about the procedure that was adopted during taxation or the substance of the taxation that were taken into into account when they should have mattered.

On Failure To Pay

If the unsuccessful party does not pay on the date set, the successful party party may apply for a Writ of execution to attach property. If that does not bear fruit the successful party can also seek a garnishee order. Each option depends on the circumstances of the case.

On a parting note, be mindful of the fact that litigation is an expensive process and in some cases the costs recovered are far less than what the successful party invested. That being said, if there is ever any prospect of a settlement , explore it fully. There is no such thing as a 100% win in Litigation.

Who Gets Paid The Costs Awarded ? :

The successful party gets refunded what they paid to the attorney. The balance is a residual fee for the attorney who handled the case. This is because often times the attorney do not bill for every hour they spend on the case. The human element always factors in when on e bills their client.

Buying or selling land in Botswana can be a rewarding experience, but it’s essential to follow the correct procedures to avoid costly mistakes. Whether you’re a first-time land buyer or a seasoned seller, having the right documents and knowing the process can save you time and stress. In this post, we’ll guide you through the essential checklist for land transactions in Botswana, ensuring that your property dealings are smooth and secure.

Essential Documents for Land Buyers & Sellers in Botswana

Before you sit down to finalize any land sale or purchase agreement, make sure you have the following documents on hand:

• Original Title Deed or Certificate of Lease: This proves ownership or leasing rights of the land.
• Valuation Report (from the seller): A document showing the property’s value, essential for fair pricing.
• Identification Copies: Both the seller and buyer must provide valid identification copies.
• Spouses’ Identification Copies: If the seller or buyer is married, copies of their spouses’ IDs are required.
• Proof of Marital Status: Confirmation of whether the seller or buyer is married, single, or divorced.
• Proof of Community of Property (Form B): This shows whether the seller or buyer is in a community of property marriage, affecting the sale.
• Proof of Rates Payment: Evidence of recent payments to the city council or lease payments to the land board.
• Consent Letter or Affidavit from Seller’s Spouse: A legal requirement when the seller is married, ensuring that their spouse consents to the sale.

Land Buyers & Sellers: Important Tips to Remember

Navigating property transactions can be tricky, but these tips will help ensure you’re on the right track.

1. Be Document Ready

Having all the necessary paperwork ready from the outset makes the sale process smoother. Missing documents can cause delays or legal complications. Ensure both parties have all the required paperwork before you finalize the sale agreement.

2. Inspect the Property In-Person

It’s crucial to personally visit the plot or house you’re purchasing. This allows you to confirm that the property meets your expectations and helps avoid surprises after the sale.

3. Know the Seller or Buyer’s Location

Knowing where the other party lives can be important for future communication. Whether you’re buying or selling, keeping a reliable point of contact ensures that you can easily reach out if needed.

4. Don’t Rush Payments

Never rush to pay before all the necessary documents are presented and reviewed. This will protect you from potential fraud or unexpected problems.

5. Follow the Right Procedures

Skipping steps or failing to follow the correct legal procedures can result in complications down the line. Stick to the process to avoid any headaches or disputes regarding the property.

Ensure a Smooth Land Transaction in Botswana

Whether you’re buying or selling land, having the right documents and following the correct procedures are crucial for a successful transaction. Remember, land deals can become complicated if not handled properly, so always double-check your paperwork and take the time to ensure that everything is in order.

With this checklist in hand, you’re well-prepared for your next land transaction in Botswana!

Read: THINGS YOU NEED TO KNOW BEFORE BUYING ESTATE LAND IN BOTSWANA

Who qualifies to register a Will?

Answer: Any adult who has a valuable asset.

Often times people under 40 assume that they do not need a Will until they are about to retire at 60. This is a common misconception which only cause more problems when the unforeseen happens.

The assumption that you will live long enough to sit down with your attorney to prepare a Will is robbing you of the chance to put your house in order. Wisdom demands that you should always be a step ahead.

What should you include in your Will :

If you know that you own anything that you consider as valuable then now is time for you to start enquiring about getting a Will registered. One can include almost anything to their Will as long as they are the rightful owners. This may range from a collection of high-end sneakers, watches, hand bags to your first plot, house, farm or machinery that you own.

When you prepare to register a Will you need to first identify your Executors who Will be tasked with the role of ensuring that your Estate is distributed in accordance with your Will your Executors should be individuals who do not stand benefit under your Will. They should also be trustworthy and accountable.

Next you prepare an inventory of all your assets (Land, movables, shares or any other beneficial interests). You will need to decide how you want them to distributed amongst your heirs (beneficiaries).

Conditions that you can place on your inheritance

There are certain conditions you can place on your inheritance and these are;

1. The age at which your heirs should inherit;
2. The exclusion of the property from the heir’s joint marital property (This is to ensure that your legacy remains within your family)

Your Will allows you a chance to convey your wishes regarding how and where you want to be buried.

Your Will allows you to decide the line of succession in the event your heir dies before you (especially if you do not amend it afterwards). It allows you to explicitly exclude someone from inheriting from you. That is to say, if there is someone who is likely to inherit from your estate under the cultural customs of your tribe, you can specify that you leave them nothing. This is to ensure that there is no doubt or speculation that they were merely forgotten.

Another Interesting condition that you can include in a Will is that you can leave your house to your children on condition that your spouse shall remain in full occupation, undisturbed for the duration of their lifetime. This protects your spouse from eviction from the property by anyone and gives the children the assurance of an inheritance in the near future. This type of setup is called a Fidelcommissum.

Avoid the dreaded family estate battle

In a country (such as Botswana) that has a lot of blended families, a Fideicommissum eases the tension between stepparents and stepchildren because it creates a truce between them.

If you die without a Will, your assets will be distributed according to your cultural customs. For example, some cultures do not recognize a woman’s right to inherit and only sons inherit property especially land whereas women /girls get sentimental household items.

As a parting thought, consider whether you would entrust the division of your valuables to your culture or to the state to manage and distribute it according to your Will.

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The world we live in today has advanced into a cashless society. Entities like, Banks and Financial Institutions now encourage electronic banking by any means. International organizations such as the World Bank, International Monetary Fund, and United Nations have also been promoting electronic banking as a way to promote financial inclusion and reduce poverty. They have even gone to the extent of providing technical assistance to countries to help them develop electronic banking systems and policies.

Younger Generation And Electronic Transactions

The younger generation is adept at utilizing online money services such bank transfers, ewallet / instant money services as well as accessing bank statements, confirmation letters, forex exchange and other global transactions while eliminating the need to exchange hard cash. Younger people have grown up with technology, and are therefore more comfortable using electronic payment methods such as mobile payments, online banking, and digital wallets. They also tend to be more open to new technologies and innovations in the financial sector.

Older Generation And Electronic Transactions

The older generation tends to be less comfortable with electronic transactions compared to the younger generation. This can be due to a number of factors, including a lack of familiarity with technology, concerns about security, and a preference for traditional payment methods.

Many older individuals may have grown up in a time when electronic transactions were not as prevalent, and may not be as familiar with using computers, smartphones, or other digital devices to conduct financial transactions. As a result, they may be hesitant to use electronic payment methods like online banking or mobile payments.

The Cessation of Cheques

The last form of traditional money exchange is the use of cheques and it is now about to be phased out completely. Cheques, as a form of transaction, are becoming less popular as electronic payments become more prevalent. While cheques are still accepted by many businesses and financial institutions, their use has been declining steadily over the past few years. This change is partly motivated by global financial intelligence policies.

What You Should Do:

If it has not already been made abundantly clear, it means you need to position yourself by doing the following things,

1. Re – Open dormant bank accounts.
2. Open a new bank account
3. Register for online banking and familiarize yourself with how it works and start using it consistently.
4. For businesses, it means you need to acquire speed point machines (swiping machines). It is also important to teach staff how to use them and then start using them.
5. Set up a Paypal account , Skrill, Venmo, Shopify, Googlepay or any other trusted and google verified digital platforms that allow you to pay for goods or services online especially if you are going to be buying anything internationally.
6. If you do not have access to a bank account you can also make use of electronic money wallets that do not require a bank account to open. If you are in Botswana you can keep and transfer as much as 30 000BWP (3000 USD) by using wallets like Orange Money, Myzaka or Smega.
7. Once you have become conversant with the use of these platforms, you are less likely to be taken advantage of by those more knowledgeable than you. So it’s important for one to learn the basics so be able to maneuver in the society we now live in.
8. Having acquired all the knowledge, Its important to help your parents or the elderly in our society to set up these online platforms as they are used to handling hard cash. Slowly but surely the use of online transactions will sink into our culture as its benefits are extensive.
9. The older generation owns land and usually when they sell it they expect payments to be done in cash. The problem is, banks are now reluctant to accept large cash deposits because the source of funds will need to be checked thoroughly checked. It is an inconvenient process even for bankers to produce proof of the source or details of the person who paid in cash. In comparison to electronic payments that leave a clear record of the money.
10. At some point in the near future it is going to be odd to see anyone transacting in hard cash. You do not want to stick out like a sore thumb when your lack of understanding makes you look like a suspect.
11. Botswana Automated Clearing House (BACH) will cease to accept cheques for clearing as at December 31, 2023. Therefore it is important to use the next eight months of the year 2023 to set up your digital platforms and online banking. After you are done you might actually spent the rest of the year with out having to step into a bank at all.

The Cessation of Cheques and digitization of money

The trend towards the cessation of the use of cheques has been ongoing for some time now, and it is becoming increasingly rare to see cheques used for transactions. If you still rely on cheques for your financial transactions, it’s important to consider other payment options especially electronic payments that have become more widely accepted and efficient.

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