11 Aug 2026

The Minister of Justice and Correctional Services, Mr Nelson Ramaotwana has presented the Proceeds and Instruments of Crime Amendment Bill 2026 that seeks to amend the Proceeds and Instrument of Crime Act. 

The amendment aims to address deficiencies in the current Act to ensure full compliance with international obligations. Presenting the Bill in Parliament on Monday, Minister Ramaotwana stated that the Act was enacted in 2014 to deprive offenders of the proceeds and instrument of crime, combat money laundering and facilitate the covering of criminal assets. 

It was subsequently amended in 2018 to align with the international standards on combating money laundering, terrorism financing among others. 

Mr Ramaotwana said Botswana was currently preparing for the Eastern and Southern African Anti-Money Laundering Group third round of the mutual evaluation, which would assess the country’s compliance to Financial Action Task Force (FATF) standards and its effectiveness of the anti-money laundering and counter terrorist financing system.

Since the country’s last mutual evaluation in 2017, he said FATF had revised serial recommendations necessitating further legislative reforms. 

To support the preparation, Mr Ramaotwana said the Anti-Money laundering, Counter-financing of terrorism and counter-financing of proliferation (AML/CFT/CFP) national coordinating office in collaboration with the Institute For Combating Illicit financial Flows conducted a national self-assessment in January 2026.

The assessment identified the legislative and institutional gaps requiring reform to strengthen the country’s AML/CFT/CFP framework and to ensure compliance with the revised FATF standards and methodology. 

Furthermore, he said a national self-assessment, national risk assessment and the mock mutual evaluation exercise identified the gaps in the current legal framework including the Proceeds and Instrument of Crime Act. 

The national assessment, he said identified specific provisions, citing section 35, sub-section 8 of the Proceeds and Instrument of Crime Act as potential judicial to the rights of the affected parties as it does not describe a timeframe within which, a decision by a law enforcement officer or the receiver to cease property without a court order must be submitted to judicial review. 

Mr Ramaotwana highlighted that the proposed amendment sought to address the gap by introducing appropriate safeguards mechanisms. 

He said it would further strengthen the asset recovery regime by ensuring that it operated efficiently and effectively while upholding human rights and fundamental freedoms and maintaining adequate checks and balance consistent with the rule of law. 

Furthermore, he stated that the amendment Bill aimed to address deficiencies identified through the national risk assessment, mock evaluation exercise and the revised FATF standards in particular the FAFT recommendation 4, criterion 4.5, which granted authorities power to cease/freeze criminal property in urgent circumstances without prior court authorisation subject to judicial review and appropriate legal safeguards. ENDS