13 Aug 2026

The Proceeds and Instruments of Crime Amendment Bill has passed the second reading and proceeded to the Committee Stage.

The Bill intends to amend the Proceeds and Instruments of Crime Amendment Act to address strategic deficiencies in the act.

Supporting the proposed bill in Parliament on Monday, the MP for Gaborone Central and also Minister for International Relations, Dr Phenyo Butale stated that to prevent returning to the Financial Action Task Force (FAFT) grey list, Botswana should focus on ensuring compliance to the international standards aimed towards combating financial crime.

He appreciated that the Bill sought to match the country’s financial intelligence legislation with international standards set by FAFT, acknowledging that Botswana had made significant efforts to reform its financial systems and the compliance efforts successfully led to the country being completely removed from the FAFT grey list.

Dr Butale highlighted that there were 40 recommendations and it was reported that the country was partially compliance to 23 items, noting that efforts to improve framework effectiveness would continue until the country reached 98 per cent compliance.

MP for Gaborone North, also assistant Minister of Communication and Innovation, Mr Shawn Ntlhaile said the Bill enhanced the country’s legislative framework to curb financial crimes.

He noted that the government had brought many changes, citing the recent report on the national forensic audit, which intended to uncover systemic corruption, financial waste and fraud across public institutions, saying it has identified some weak oversight that opened doors for corruption activities.

MP for Selebi-Phikwe West, Mr Reuben Kaizer supported the Bill with reservation on the provision that regulated the seizure of property without a court order, arguing that the Bill should give the Receiver the powers to seize or freeze assets with a court order.

In addition, he said the 20-day period of seizing property was not practical.

He also stated that the issue of corresponding value to the asset should be justified, stating that though he supports the principle, the affected persons should also challenge it.

Mahalapye West MP, also the Minister of Communication and Innovation, Mr David Tshere said every year, FATF introduced new laws, hence they kept on amending the existing laws to align the country with best international practices to avoid being black-listed.

“This Bill is very clear because it gives investigators to conduct investigations before seizing of the property/assets in 20 days without a court order. This is not new because previously, we amended some Acts to give police officers powers to arrest without warrant and we should appreciate that the government is balancing laws considering the people’s rights,” he added.

Specially Elected MP, also the Minister of Labour and Home Affairs, Major General Pius Mokgware argued that as legislators, they should understand the purpose of the legislation on whether, it intended to deter, punish or to safeguard the property of the nation.

Crime, he said had evolved as modern money laundering used advanced technology, citing that some criminals hid illegal money using trust funds and festivals because the structures involved large cash flows.

MP for Maun East, Mr Goretetse Kekgonegile appreciated government efforts to instigate the forensic audit but expressed disappointment that the investigating authorities do not have the final report and yet it could help with leads and recommendations. He also noted that political parties and trade unions should be looked at as far as corruption was concerned, citing that they faced serious corruption risks because they controlled public power and money.

MP for Francistown West and also the assistant Minister of Local Government and Traditional Affairs, Mr Ignatius Moswaane urged MPs to support the amendment Bill as it exclusively aimed to protect public funds by ensuring full compliance to the international obligations. With regard to the forensic audit report, he urged them to exercise patience, as the report would be availed once all steps were met. ENDS