23 Jul 2026

The newly passed Attorney General Retirement Age Bill, Once signed into law, will officially raise the age cap for the head of government’s legal counsel to 70 years, giving the President explicit discretionary authority to retain or appoint veteran legal minds beyond the standard public service retirement age of 60.

While the legislation creates flexibility for the President to retain seasoned legal expertise in office for the public good, it guarantees no automatic right of extension past 60 and legally reinforces that any holder of the office must meet the high judicial qualifications required of a judge.

The Bill was passed on July 22 when Parliament approved the measure without amendments after navigating the Committee Stage.

Enacted under Section 51.4 of  the Constitution, the Bill seeks to establish the 70-year ceiling to ensure stability and high-level counsel for the state.

Presenting the Bill, Minister for State President, Defence and Security, Mr Moeti Mohwasa, explained that a retirement age of 70 was appropriate given the specialised legal expertise required for the role, likening the provision to similar standards set for the judiciary.

Legislators unanimously agreed that as government’s chief legal advisor, the Attorney General must possess specialised experience alongside the wisdom needed to interpret complex legislation, navigate political dynamics and manage high-stakes litigation.

Supporting the Bill, Okavango West Member of Parliament, Mr Kenny Kapinga, emphasised that the Attorney General acted on behalf of the public rather than just government of the day.

Consequently, he stated, the office required individuals of distinguished character and high ethical standards who would fulfil the role with complete impartiality.

Mr Kapinga noted that the position demanded high level of wisdom and experience that can benefit the nation, rather than young people who were still finding their feet in the profession and life in general.

He stressed that the Bill should not be about capturing government institutions, but about ensuring that the person in office can stand their ground, uphold the Constitution, maintain the rule of law and protect the impartiality of the justice system.

Owing to the critical responsibilities, he added that an appointee needed strong mental faculties and clear judgment to offer reliable counsel to both Cabinet and government institutions while remaining independent from the political executive to prevent conflict of interest.  Therefore, he argued that it was necessary at times to retain an individual with such expertise and experience.

Minister of Justice and Correctional Services and Gaborone South MP, Mr Nelson Ramaotwana, shared the same sentiments, saying that an experienced Attorney General with wisdom would pave way for future generations by establishing enduring legacies.

He reassured Parliament that the Bill was not designed to benefit the incumbent, but to allow a highly experienced individual to set legal precedents and establish a strong ethical framework for the office and the nation.

Contributing to the debate, Minister of Environment and Tourism, also Francistown South MP, Mr Wynter Mmolotsi, stated that raising the retirement age to 70 aligned with other specialised professions, such as teaching, which had a retirement age of 65. He highlighted that such fields required accumulated experience to benefit the country.

For his part, Kgatleng East MP, Mr Mabuse Pule, acknowledged the sensitivity of the issue and supported the Bill, saying he was hopeful that the legislation was not meant to benefit the incumbent. Mr Pule pointed out that increasing the retirement age was already embedded in the Constitution as a matter vested within the President’s discretionary powers.

Minister of Water and Human Settlements, also Palapye MP, Mr Onneetse Ramogapi, supported the Bill, noting that an experienced Attorney General would offer the grace and wisdom of legislative years.

He emphasised that an individual in that role needed to be someone of that age, as they possess the discretion, diplomacy, tact and exceptional communication skills developed over years of working under pressure in their field. ENDS