As of the 1 st of June 2020, the new Trade Act No. 25 of 2019 and the Trade Regulations of 2020 (the New Trade Act) came into operation and revoked the Trade Act of 2008 and the Trade Regulations of 2011 (the Old Trade Act), as announced by Botswana’s Minister of Investment, Trade and Industry, Honourable Peggy Serame. The key amendments are as follows:
New Trade Act Old Trade Act Penalties for trading without a requisite licence. A fine not exceeding P50,000.00 and/or imprisonment for a term not exceeding five years. A fine not exceeding P10,000.00 and/or imprisonment for a term not exceeding three years. New Definitions “agent” shall mean a business which supplies goods for sale but does not keep any stock. “agent” meant a business which negotiated contracts between parties for the sale of goods.“wholesale” means a store which sells goods in bulk per product or line item but does not include imported pre-owned earth moving equipment, heavy duty machinery, tractors and motorcycles.
“wholesale” meant a store of at least 1 500 square metres, which sold goods in bulk per product or line item.
A distributor shall carry out it’s business from a warehouse of at least 75 square metres. A distributor could carry out his business from a 100 square metres warehouse. Licences and business registration no longer regulated by the Trade Act“motor dealer” and “petrol filling station” were deleted from the New Trade Act, effectively, the two trades shall not be regulated under the New Trade Act.
Licences removed from the reservation list General clothing licence Licences attached to premisesAll licences and business registration certificates shall be attached to the fixed premises specified on the licence.
The following licenced or registered businesses previously attached to the applicant shall be attached to the fixed premises:
Auctioneer, distributor, driller, industrial hardware licence, imported pre-owned motor dealer and take away.
