BOTSWANA BACKGROUND CHECK

Failure and success is a part of a growing or established organization. But a company that writes failure for itself, nobody can undo this as long as the company has no willingness. There could be many reasons which could throw a company in a pit fall, but the common ditch is expected by the employees of it. And employees do this because they are well aware of the company and its poor verification system. It’s really not easy for an organization to verify the educational documents, personal bio, criminal record, judicial record etc by itself. So for such organizations we have been offering our prime services. We take the burden of verification from our clients, and do it ourselves perfectly. Our responsibility is the most prime factor on which we can assure our clients, that we will fulfill it at any cost. Our background verification services are satisfying many clients and expanding its network in Botswana. The background screeners remain committed to their work, and give you their cent percent results.

Botswana had no exposure of background verification services unless our company introduced the exceptional services of back check. Now, since we are just a click way for the companies of Botswana, this function has got much easier. The main cities of Botswana can always approach us and our services like, Gaborone, Francistown, Molepolole, Selebi-Phikwe, Maun, Serowe, Kanye, Mahalapye, Mogoditshane, Mochudi etc. Now, you must be thinking that what about the basic queries’ response, so our qualified team of customer support is always at your perusal so that you could send them the email anytime by mentioning your question in it. Drop us an email at info@backcheckgroup.com. We know during the process there will be lot of sensitive information shared by you about the candidate, so it’s our promise that we never forward that information to anyone without your concern.

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The criminal check is verified by the local police of your city where we offer our services according to the package that you select i.e. Basic, Standard, and Enhanced. Each package has different level of services.

We can never ignore the courts of the city or country, because sometimes there is very harsh decision announced against the employee by the court. So it’s very necessary for us to get the verification from them.

There are number of banks in Botswana where our active network gets the support to verify the monetary status of the candidate. A bankrupt employee is never praised of by any company.

The foundational info of the applicant is verified in this service i.e. his date of birth, his name, and his address. Our database immediately points out whenever there is any red flag spotted in the data.

Companies never bother to verify the history of an employee which is based on his finance. With this check we do this primary function for our clients.

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An Act to provide for the establishment of a Directorate on Corruption and Economic Crime; to make comprehensive provision for the prevention of corruption; and confer power on the Directorate to investigate suspected cases of corruption and economic crime and matters connected or incidental thereto.

[Date of Commencement: 19 August, 1994]

PART I

Preliminary (ss 1-2)

1. Short title

This Act may be cited as the Corruption and Economic Crime Act.

2. Interpretation

In this Act, unless the context otherwise requires

” agent” includes any person employed by or acting for another;

” Deputy Director” means a person appointed under the Public Service Act as DeputyDirector;

” Director” means the person appointed under section 4;

” Directorate” means the Directorate established under section 3;

” principal” includes an employer;

” public body” means any office, organisation, establishment or body created by or under any enactment or under powers conferred by any enactment; and includes any company in which 51 per cent or more of the equity shares are owned by the Government of Botswana;

” public officer” includes any person holding an office by election or appointment under any enactment or under powers conferred by any enactment, or in a company in which 51 per cent or more of the equity shares are owned by the Government of Botswana;

” valuable consideration” has the meaning assigned to it under section 23.

PART II

Establishment of Directorate (ss 3-5)

3. Establishment of Directorate

(1) There is hereby established a Directorate to be known as the Directorate on Corruption and Economic Crime (in this Act referred to as “the Directorate”) which shall consist of a Director, Deputy Director and such other officers of the Directorate as may be appointed.

(2) The Directorate shall be a public office; and accordingly, the provisions of the Public Service Act shall, with such modifications as may be necessary, apply to the Directorate and the officers thereof.

4. Appointment of Director

(1) The President may appoint a Director on such terms and conditions as he thinks fit.

(2) The Director shall be responsible for the direction and administration of the Directorate.

5. Acting Director

(1) If the office of the Director is vacant or the Director is absent from duty for any reason, the Deputy Director shall, except where the President otherwise directs, act as Director.

(2) If both the Director and the Deputy Director are absent from duty, the President may appoint another person to act as Director until the return to duty of either the Director or the Deputy Director.

PART III

Functions of Directorate (ss 6-22)

6. Functions of Directorate

The functions of the Directorate shall be-

(a) to receive and investigate any complaints alleging corruption in any public body;

(b) to investigate any alleged or suspected offences under this Act, or any other offence disclosed during such an investigation;

(c) to investigate any alleged or suspected contravention of any of the provisions of the fiscal and revenue laws of the country;

(d) to investigate any conduct of any person, which in the opinion of the Director, may be connected with or conducive to corruption;

(e) to assist any law enforcement agency of the Government in the investigation of offences involving dishonesty or cheating of the public revenue;

(f) to examine the practices and procedures of public bodies in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work or procedures which, in the opinion of the Director, may be conducive to corrupt practices;

(g) to instruct, advise and assist any person, on the latter’s request, on ways in which corrupt practices may be eliminated by such person;

(h) to advise heads of public bodies of changes in practices or procedures compatible with the effective discharge of the duties of such public bodies which the Director thinks necessary to reduce the likelihood of the occurrence of corrupt practices;

(i) t o educate the public against the evils of corruption; and

(j) t o enlist and foster public support in combating corruption.

7. Powers of Director

(1) For the performance of the functions of the Directorate, the Director may-

(a) authorise any officer of the Directorate to conduct an inquiry or investigation into any alleged or suspected offences under this Act;

(b) require any person in writing to produce, within a specified time, all books, records, returns, reports, data stored electronically on computer or otherwise and any other documents relating to the functions of any public or private body;

(c) require any person, within a specified time, to provide any information or to answer any questions which the Director considers necessary in connection with any inquiry or investigation which the Director is empowered to conduct under this Act.

(2) Any person who fails-

(a) to produce any matter required under subsection (1)(b); or

(b) to provide any information, or to answer any questions, or wilfully provides any false information or makes any false statement in answer to a question, under subsection

(1)(c),

shall be guilty of an offence and shall be liable to the penalty prescribed under section 18(2).

8. Power of Director to obtain information

(1) If, in the course of any investigation into any offence under Part IV, the Director is satisfied that it would assist or expedite such investigation, he may, by notice in writing, require-

(a) any suspected person to furnish a statement in writing-

(i) e numerating all movable or immovable property belonging to or possessed by him in Botswana or elsewhere or held in trust for him in Botswana or elsewhere, and specifying the date on which every such property was acquired and the consideration paid therefor, and explaining whether it was acquired by way of purchase, gift, bequest, inheritance or otherwise;

(ii) specifying any moneys or other property acquired in Botswana or elsewhere or sent out of Botswana by him or on his behalf during such period as may be specified in such notice;

( b) any other person with whom the Director believes that the suspected person had any financial transactions or other business dealing, relating to an offence under Part IV, to furnish a statement in writing enumerating all movable or immovable property acquired in Botswana and elsewhere or belonging to or possessed by such other person at the material time;

(c) any person to furnish, notwithstanding the provisions of any other enactment to the contrary, all information in his possession relating to the affairs of any suspected person and to produce or furnish any document or a certified true copy of any document relating to such suspected person, which is in the possession or under the control of the person required to furnish the information;

(d) the manager of any bank, in addition to furnishing any information specified in paragraph (c), to furnish any information or the originals, or certified true copies, of the accounts or the statements of account at the bank of any suspected person.

(2) Every person on whom a notice is served by the Director under subsection (1) shall, notwithstanding any oath of secrecy, comply with the requirements of the notice within such time as may be specified therein, and any person who without reasonable excuse fails to so comply shall be guilty of an offence and shall be liable to the penalty prescribed under section 18(2).

(3) Where in any proceedings for an offence under Part IV, it is proved that the person charged with the offence refused to furnish a statement required under paragraph (a) of subsection (1) when requested to do so, his refusal shall, unless reasonable cause thereof is shown, be treated as supporting any evidence given on behalf of the prosecution, or as rebutting any evidence given on behalf of the defence as regards the manner of his acquisition of the properties mentioned in the said paragraph (a).

9. Special identity card

The Director may issue to an officer of the Directorate a special identity card which shall be prima facie evidence of appointment as an officer of the Directorate.

10. Power of arrest

(1) An officer authorised in that behalf by the Director may, without warrant, arrest a person if he reasonably suspects that that person has committed or is about to commit an offence under this Act.

(2) Where, during an investigation by an officer of the Directorate of a suspected offence under this Act, another offence is disclosed, the officer may, without warrant, arrest a person if he reasonably suspects that that person is guilty of that other offence, and he reasonably suspects that such other offence was connected with, or that either directly or indirectly its commission was facilitated by the suspected offence under this Act.

(3) An officer referred to in this section may-

(a) use such force as is reasonable in the circumstance in effecting an arrest under this section; and

(b) for the purpose of effecting an arrest, enter and search any premises or place if he has reason to believe that there is in the premises or place a person who is to be arrested.

(4) No premises or place shall be entered under subsection (3) unless the officer has first stated that he is an officer and the purpose for which he seeks entry and produced his identity card to any person requesting its production.

(5) On compliance with the provisions of subsection (4), the officer may enter the premises or place by force, if necessary.

11. Power of search and seizure

(1) Where an officer has arrested a person under section 10, he may-

(a) search that person and the premises or place in which he was arrested;

(b) seize and detain anything which such officer has reason to believe to be or to contain evidence of any of the offences referred to in Part IV.

(2) A person shall not be searched under subsection (1) except by a person of the same sex.

12. Procedure after arrest

A person arrested under section 10 shall be taken as soon as practicable to a police station to be dealt with in accordance with the provisions of the Criminal Procedure and Evidence Act.

13. Search with warrants

(1) If it appears to the Directorate that there is reasonable cause to believe that there is in any premises, place, vessel, boat, aircraft or other vehicle anything which is or contains evidence of the commission of any offence under Part IV, the Director or any officer of the Directorate may make an application on oath to a magistrate for a warrant to search such premises, place, vessel, boat, aircraft or other vehicle.

(2) If a magistrate to whom an application is made under subsection (1) is satisfied that there are reasonable grounds for suspecting that there is in the premises, place, vessel, boat, aircraft or other vehicle referred to in subsection (1) anything which is or contains evidence of the commission of any of the offences referred to in Part IV, he may by warrant direct the Director, or any officer authorised by him under section 7(1)(a), to enter and search such premises, place, vessel, boat, aircraft or other vehicle and seize and detain anything which the Director, or the officer authorised by the Director, has reason to believe to be or to contain evidence of any of the offences referred to in Part IV.

14. Search without warrant in certain cases

Whenever the Director, or an officer authorised by him under section 7(1)(a), has reasonable cause to believe that there is in any premises, place, vessel, boat, aircraft or other vehicle any article or document which is evidence of the commission of an offence, or in respect of which an offence has been, is being, or about to be committed, under Part IV, is being conveyed, or is concealed or contained in any package in the premises, place, vessel, boat, aircraft or other vehicle, for the purpose of being conveyed, then and in any such case, if the Director or the officer authorised by him under section 7(1) considers that the special exigencies of the case so require, he may without a warrant enter the premises, place, vessel, boat, aircraft or other vehicle, and search, seize and detain such article, document or package.

15. Exercise of powers of search and seizure

(1) In the exercise of the powers of search, seizure and detention under section 13(2) or 14, the Director or any other officer of the Directorate may use such reasonable force as is necessary in the circumstances, and may be accompanied or assisted by such other persons as he deems necessary to assist him to enter into or upon any premises, or upon any vessel, boat, aircraft or other vehicle, as the case may be.

(2) Notwithstanding the provisions of sections 7, 13 and 14, the Director, or any other officer of the Directorate shall not have access to any books, records, returns, reports or other documents, or data stored electronically, or to enter upon any premises, place, vessel, boat, aircraft or other vehicle if in the opinion of the President in writing such access or entry is likely to prejudice national security.

16. Surrender of travel document

(1) A magistrate may, on the application ex parte of the Director, by written notice require a person who is the subject of an investigation in respect of an offence alleged or suspected to have been committed by him under Part IV to surrender to the Director any travel document in his possession.

(2) If a person on whom a notice under subsection (1) has been served fails to comply with the notice forthwith, he may thereupon be arrested and taken before a magistrate.

(3) Where a person is taken before a magistrate under subsection (2), the magistrate shall, unless such person thereupon complies with the notice under subsection (1) or satisfies the magistrate that he does not possess a travel document, by warrant commit him to prison there to be safely kept until he complies with the notice.

17. Return of travel document

(1) A person who has surrendered a travel document under section 16 may at any time make a written application to the Director for its return, and every such application shall contain a statement of the grounds on which it is made.

(2) The Director may-

(a) grant the application either without conditions or subject to such conditions as to the further surrender of the travel document and the appearance of the applicant at any time and place in Botswana as may be specified by the Director in a written notice served personally on the applicant; or

(b) refuse the application.

(3) A person aggrieved by the refusal of the Director to return his travel document to him may appeal to a magistrate.

18. Resisting or obstructing officers

(1) Any person who resists or obstructs an officer in the execution of his duty shall be guilty of an offence.

(2) Any person guilty of an offence under this section or section 7(2) or 8(2) shall be liable on conviction to imprisonment for a term not exceeding five years, or to a fine not exceeding P10 000, or to both.

19. False reports to officers

Any person who knowingly-

(a) makes or causes to be made to an officer a false report of the commission of any offence; or

(b) misleads an officer by giving false information or by making false statements or accusations, shall be guilty of an offence and shall be liable on conviction to a term of imprisonment not exceeding three years.

20. Falsely pretending to be officer

Any person who falsely pretends-

(a) that he is an officer of the Directorate or has any of the powers of an officer under this Act or under any authorisation or warrant issued under this Act; or

(b) that he is able to procure an officer of the Directorate or to do or refrain from doing anything in connection with the duty of such officer, shall be guilty of an offence and shall be liable on conviction to a term of imprisonment not exceeding three years.

21. Immunity of officers of Directorate

N o action shall be brought against the Director or any other officer of the Directorate (or any other person authorised by the Director to perform any act under this Act), in respect of any act or thing done or omitted to be done in good faith in the exercise of his duties under this Act.

22. Annual report

(1) The Director shall, on or before 31 March in each year, or by such later date as the President may allow, submit to the President a report on the activities of the Directorate in the previous year.

PART IV

Offences (ss 23-38)

23. Definition of valuable consideration

For the purposes of this Part, “valuable consideration” means-

(a) any gift, benefit, loan, fee, reward or commission consisting of money or of anv valuable security or of other property or interest in property of any description;

(b) any office, employment or contract;

(c) any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in whole or in part;

(d) any other service, or favour including protection from any penalty or disability incurred or apprehended or from any action or proceedings of a disciplinary, civil or criminal nature, whether or not already instituted;

(e) the exercise or forbearance from the exercise of any right or any power or duty; and

(f) any offer, undertaking or promise whether conditional or unconditional, of any valuable consideration within the meaning of the provisions of any of the preceding paragraphs.

24. Corruption by or of public officer

(1) A public officer is guilty of corruption in respect of the duties of his office if he directly or indirectly agrees or offers to permit his conduct as a public officer to be influenced by the gift, promise, or prospect of any valuable consideration to be received by him, or by any other person, from any person.

(2) A person is guilty of corrupting a public officer if he endeavours directly or indirectly to influence the conduct of the public officer in respect of the duties of his office by the gift, promise, or prospect of any valuable consideration to be received by the public officer, or by any other person, from any person.

25. Corruption in respect of official transaction

(1) A public officer is guilty of corruption if he accepts, or agrees or offers to accept, for himself, or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do anything in respect of any matter in which he is concerned in his capacity as a public officer.

(2) A person is guilty of corrupting a public officer if he gives or agrees or offers to give any valuable consideration to a public officer, whether for the benefit of that public officer or of another person as an inducement or reward for doing or forbearing to do anything in respect of any matter in which the public officer is concerned in his capacity as a public officer.

26. Acceptance of bribe by public officer after doing act

If, after a person has done any act as a public officer, he accepts, or agrees or offers to accept for himself or for any other person, any valuable consideration on account of such act, he shall be presumed, until the contrary is shown, to have been guilty of corruption in respect of that act before the doing thereof.

27. Promise of bribe to public officer after doing act

If, after a public officer has done any act as such officer, any other person agrees or offers to give to or procure for him or for any other person any valuable consideration on account of such act, the person so agreeing or offering shall be presumed, until the contrary is shown, to have been guilty of having, before the doing of such act, corrupted the public officer in respect of such act.

28. Corrupt transactions by or with agents

(1) An agent is guilty of corruption if he corruptly accepts, or agrees or offers to accept from any person, for himself or for any other person any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business.

(2) A person is guilty of corruption if he corruptly gives or agrees to give or offers to give to any agent any valuable consideration as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business.

(3) If any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particular, and which to his knowledge is intended to mislead the principal, such a person is guilty of corruption.

29. Bribery for giving assistance in regard to contracts

(1) A public officer is guilty of corruption if he directly or indirectly accepts or agrees or offers to accept for himself or for any other person any valuable consideration as an inducement or reward for or otherwise on account of his giving assistance or using influence in, or having given assistance or used influence in, promoting, administering, executing or procuring (including any amendment, suspension or cancellation) of any contract (including a subcontract) with a public body.

(2) A person is guilty of corruption if he directly or indirectly gives, or agrees or offers to give any valuable consideration to any public officer as an inducement or reward for or otherwise on account of the public officer giving assistance or using influence in, or having given assistance or used influence in, promoting, administering, executing or procuring any contract (including a subcontract) referred to in subsection (1).

30. Bribery for procuring withdrawal of tender

(1) A person is guilty of corruption if he directly or indirectly accepts or agrees or offers to accept for himself or for any other person any valuable consideration as an inducement or reward for or otherwise on account of the withdrawal of a tender, or the refraining from them making of a tender, for any contract with a public body for the performance of any work, the providing of any service, the doing of any thing or the supplying of any article, material or substance.

(2) A person is guilty of corruption if he directly or indirectly gives or agrees or offers to give any other person any valuable consideration as an inducement or reward for or otherwise on account of the withdrawal of a tender, or the refraining from the making of a tender for such a contract as is referred to in subsection (1).

31. Conflict of interest

(1) A member or an employee of a public body is guilty of corruption if he or an immediate member of his family has a direct or indirect interest in any company or undertaking with which such body proposes to deal, or he has a personal interest in any decision which such body is to make, and he, knowingly, fails to disclose the nature of such interest, or votes or participates in the proceedings of such body relating to such dealing or decision.

(2) It is a defence to a charge under this section if the person having an interest has first made in writing to the public body the fullest disclosure of the exact nature of his interest and has been permitted thereafter to take part in the proceedings relating to such dealing or decision.

(3) For the purposes of this section “family” includes a paramour.

32. Bribery in relation to auctions

(1) A person is guilty of corruption if he directly or indirectly accepts or agrees to accept for himself or any other person any valuable consideration as an inducement or reward for or otherwise on account of his refraining or having refrained from bidding at any auction conducted by or on behalf of any public body.

(2) A person is guilty of corruption if he directly or indirectly gives or agrees or offers to give any other person any valuable consideration as an inducement or reward for or otherwise on account of that other person’s refraining or having refrained from bidding at any auction conducted by or on behalf of any public body.

33. Cheating of public revenue

A person is guilty of cheating the public revenue if as a result of his fraudulent conduct money is diverted from the revenue and thereby depriving the revenue of money to which it is entitled.

34. Possession of unexplained property

(1) The Director or any officer of the Directorate authorised in writing by the Director may investigate any person where there are reasonable grounds to suspect that that person-

(a) maintains a standard of living above that which is commensurate with his present or past known sources of income or assets; or

(b) i s in control or possession of pecuniary resources or property disproportionate to his present or past known sources of income or assets.

(2) A person is guilty of corruption if he fails to give a satisfactory explanation to the Director or the officer conducting the investigation under subsection (1) as to how he was able to maintain such a standard of living or how such pecuniary resources or property came under his control or possession.

(3) Where a court is satisfied in any proceedings for an offence under subsection (2) that, having regard to the closeness of his relationship to the accused and to other relevant circumstances, there is reason to believe that any person was holding pecuniary resources or property in trust for or otherwise on behalf of the accused, or acquired such resources or property as a gift, or loan without adequate consideration, from the accused, such resources or property shall, until the contrary is proved, be deemed to have been under the control or in the possession of the accused.

35. Certain matters not to constitute defence

(1) If, in any proceedings for an offence under this Part, it is proved that the accused accepted any valuable consideration, believing or suspecting or having reasonable grounds to believe or suspect that the valuable consideration was given as an inducement or reward for or otherwise on account of his doing or forbearing to do, or having done or forborne to do, any act referred to in this Part, it shall be no defence that-

(a) he did not actually have the power, right or opportunity to do so or forbear;

(b) he accepted the valuable consideration without intending to do so or forbear;

(c) he did not in fact do so or forbear.

(2) If, in any proceedings for an offence under this Part, it is proved that the accused offered any valuable consideration to any other person as an inducement or reward for or otherwise on account of that other person’s doing or forbearing to do, or having done or forborne to do, any act referred to in this Part, believing or suspecting or having reasonable grounds to believe or suspect that such other person had the power, right or opportunity to do so or forbear, it shall be no defence that such other person had no such power, right or opportunity.

36. Penalty

Any person who is guilty of corruption or cheating the revenue under this Part shall, upon conviction, be liable to imprisonment for a term not exceeding 10 years or to a fine not exceeding P500 000, or to both.

37. Application for confiscation order

Where a person has been convicted of corruption or cheating the public revenue under this Part, the Director of Public Prosecutions may apply for a confiscation order under section 3 of the Proceeds of Serious Crime Act, and accordingly, the provisions of that Act shall have effect in respect of the application.

38. Application for restraining order

Where a person, who is the subject of an investigation under this Act has been or is about to be charged with an offence under Part IV, the Director of Public Prosecutions may apply for a restraining order under section 8 of the Proceeds of Serious Crime Act, and accordingly, the provisions of that Act shall have effect in respect of the application.

PART V

Prosecution of Offences (s 39)

39. Prosecution of offences

(1) If, after an investigation of any person under this Act, it appears to the Director that an offence under Part IV has been committed by that person, the Director shall refer the matter to the Director of Public Prosecutions for his decision.

(2) No prosecution for an offence under Part IV shall be instituted except by or with the written consent of the Director of Public Prosecutions.

PART VI

Evidence (ss 40-42)

40. Evidence of pecuniary resources or property

(1) In any proceedings against a person for an offence under Part IV, the fact that the accused was, at or about the date of or at any time since the date of the alleged offence, is in possession, for which he cannot satisfactorily account, of pecuniary resources or property disproportionate to his present or past known sources of income or assets, or that he had, at or about the date of or at any time since the date of the alleged offence, obtained an accretion to his pecuniary resources or property for which he cannot satisfactorily account, may be proved and may be taken by the court-

(a) as corroborating the testimony of any witness giving evidence in such proceedings that the accused accepted or agreed or offered to accept any valuable consideration; and

(b) as showing that the consideration was accepted or agreed or offered to be accepted as a valuable consideration as an inducement or reward.

(2) For the purposes of subsection (1) an accused person shall be presumed to be or to have been in possession of pecuniary resources or property, or to have obtained an accretion thereto, where such resources or property are or were held, or such accretion was obtained, by any other person whom, having regard to his relationship to the accused or to any other circumstances, there is reason to believe is or was holding such resources or property or obtained such accretion in trust for or otherwise on behalf of the accused or as a gift from the accused.

41. Evidence of an accomplice

Notwithstanding any rule of law or practice to the contrary, no witness shall, in any proceedings for an offence under Part IV, be regarded as an accomplice by reason only of any payment or delivery by him or on his behalf of any valuable consideration to the person accused or, as the case may be, by reason only of any payment or delivery of any valuable consideration by or on behalf of the person accused to him.

42. Presumption of corruption

Where in any proceedings for an offence under Part IV, it is proved that the accused offered or accepted a valuable consideration, the valuable consideration shall be presumed to have been offered and accepted as such inducement or reward, as is alleged in the particulars of offence unless the contrary is proved.

PART VII

Miscellaneous (ss 43-47)

43. Frivolous, false or groundless complaints

(1) At the conclusion of any proceedings for an offence under Part IV, the court may, if it is of the opinion that the complainant or any other person has knowingly, and with intent to harm the accused, made a false, frivolous or groundless allegation against him, so certify in writing and transmit the certificate and the record of the proceedings to the Director of Public Prosecutions.

( 2) Any person who in the opinion of the court certified under subsection (1) has made a false, frivolous or groundless complaint or allegation to t

DIVISION II

OFFENCES AGAINST THE ADMINISTRATION OF LAWFUL AUTHORITY (ss 99-135)

Corruption and the Abuse of Office (ss 99-110)

99. Official corruption

Any person who-

(a) being employed in the public service, and being charged with the performance of any duty by virtue of such employment, corruptly solicits, receives, or obtains, or agrees or attempts to receive or obtain any property or benefit of any kind for himself or any other person on account of anything already done or omitted to be done, or to be afterwards done or omitted to be done, by him in the discharge of the duties of his

office; or

(b) corruptly gives, confers, or procures, or promises or offers to give or confer, or to produce or attempt to produce, to, upon, or for any person employed in the public service, or to, upon, or for any other person, any property or benefit of any kind on account of any such act or omission on the part of the person so employed,

is guilty of an offence and is liable to imprisonment for a term not exceeding three years.

100. Extortion by public officers

Any person who, being employed in the public service, takes or accepts from any person for the performance of his duty as such officer, any reward beyond his proper pay and emoluments, or any promise of such reward, is guilty of an offence and is liable to imprisonment for a term not exceeding three years.

101. Public officers receiving property to show favour

Any person who, being employed in the public service, receives any property or benefit of any kind for himself, on the understanding, express or implied, that he shall favour the person giving the property or conferring the benefit, or anyone in whom that person is interested, in any transaction then pending, or likely to take place, between the person giving the property or conferring the benefit, or anyone in whom he is interested, and any person employed in the public service, is guilty of an offence and is liable to imprisonment for a term not exceeding six months.

102. Officers charged with administration of property of a special character or with special duties

(1) Any person who, being employed in the public service, and being charged by virtue of his employment with any judicial or administrative duties respecting property of a special character, or respecting the carrying on of any manufacture, trade or business of a special character, and having acquired or holding, directly or indirectly, a private interest in any such property, manufacture, trade, or business, discharges any such duties with respect to the property, manufacture, trade or business in which he has such interest or with respect to the conduct of any person in relation thereto, is guilty of an offence and is liable to imprisonment for a term not exceeding one year.

(2) No prosecution for an offence under this section shall be instituted without the written consent of the Director of Public Prosecutions.

103. False claims by officials

(1) Any person who, being employed in the public service in such a capacity as to require him or enable him to furnish returns or statements touching any sum payable or claimed to be payable to himself or to any other person, or touching any other matter required to be certified for the purpose of any payment of money or delivery of goods to be made to any person, makes a return or statement touching any such matter which is, to his knowledge, false in any material particular, is guilty of an offence.

(2) No prosecution for an offence under this section shall be instituted without the written consent of the Director of Public Prosecutions.

104. Abuse of office

(1) Any person who, being employed in the public service, does or directs to be done, in abuse of the authority of his office, any arbitrary act prejudicial to the rights of another is guilty of an offence.

(2) If the act is done or directed to be done for purposes of gain he is liable to imprisonment for a term not exceeding three years.

(3) No prosecution for an offence under this section shall be instituted without the written consent of the Director of Public Prosecutions.

106. Unauthorized administration of oaths

Any person who administers an oath, or takes solemn declaration or affirmation or affidavit, touching any matter with respect to which he has not by law any authority to do so is guilty of an offence and is liable to imprisonment for a term not exceeding one year:

Provided that this section shall not apply to an oath, declaration, affirmation or affidavit administered by or taken before a magistrate or a justice of the peace in any matter relating to the preservation of the peace or the punishment of offences or relating to inquiries respecting sudden deaths, nor to an oath, declaration, affirmation or affidavit administered or taken for some purpose which is lawful under the laws of another country, or for the purpose of giving validity to an instrument in writing which is intended to be used in another country.

107. False assumption of authority

Any person who-

(a) not being a judicial officer, assumes to act as a judicial officer;

(b) without authority assumes to act as a person having authority by law to administer an oath or take a solemn declaration or affirmation or affidavit or to do any other act of a public nature which can only be done by persons authorized by law to do so; or

(c) represents himself to be a person authorized by law to sign a document testifying to the contents of any register or record kept by a lawful authority, or testifying to any fact or event, and signs such document as being so authorized, when he is not, and knows that he is not, in fact, so authorized,

is guilty of an offence.

110. Tampering with public officers, etc.

Any person who-

(a) induces or attempts to induce any public officer, or any member of the Forces, or any servant of a local authority, to fail in his duty, or to terminate his services in the discharge of his duty, or to commit a breach of discipline; or

(b) with intent to influence any public officer, or any member of the Forces, or any servant of a local authority, in or in relation to the discharge of his duty, or to cause him to fail in his duty, or to terminate his services in the discharge of his duty or to commit a breach of discipline, refuses or threatens to refuse to deal or do trade or business with, or to supply or surrender, in the ordinary course of his trade or business, any goods, or service to, any person,

is guilty of an offence and is liable to imprisonment for a term not exceeding three years.

DIVISION VIII

OFFENCES RELATING TO CORRUPT PRACTICES (ss 383-387)

Secret Commissions and Corrupt Practices (ss 383-387)

383. Interpretation

(1) For the purposes of this Division, the expression “consideration” includes valuable consideration of any kind; the expression “agent” includes any person employed by or acting for another; and the expression “principal” includes an employer.

(2) A public officer and any person serving under any local authority or any other public body having power to impose rates or entrusted with the expenditure of any Government funds or grants and a member of any such authority or board or other public body is an agent within the meaning of this Division.

384. Corrupt practices

If-

(a) any agent corruptly accepts or obtains, or agrees to accept or attempts to obtain, from any person, for himself or for any other person, any gift or consideration as an inducement or reward for doing or forbearing to do or for having done or forborne to do, any act in relation to his principal’s affairs or business or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business;

(b) any person corruptly gives or agrees to give or offers any gift or consideration to any agent as an inducement or reward for doing or forbearing to do, or for having done or forborne to do, any act in relation to his principal’s affairs or business, or for showing or forbearing to show favour or disfavour to any person in relation to his principal’s affairs or business; or

(c) any person knowingly gives to any agent, or if any agent knowingly uses with intent to deceive his principal, any receipt, account or other document in respect of which the principal is interested, and which contains any statement which is false or erroneous or defective in any material particulars, and which to his knowledge is intended to mislead the principal, he is guilty of an offence.

385. Secret commission on Government contracts

Any person convicted of an offence under this Division shall, where the matter or transaction in relation to which the offence was committed was a contract or a proposal for a contract with the Government or any Government department or a local authority or other public body having power to impose rates or entrusted with the expenditure of any Government funds or grants, or a subcontract to execute any work comprised in such contract, be liable to imprisonment for a term not exceeding five years.

386. P resumption as to corrupt practices

W here in any proceeding against a person for an offence under this Division it is proved that any money, gift or other consideration has been paid or given to or received by a person in the employment of the Government or any Government department or a local authority or other public body having power to impose rates or entrusted with the expenditure of any Government funds or grants, by or from a person or agent of a person holding or seeking to obtain a contract from the Government or any Government department, local authority or other public body having power to impose rates or entrusted with the expenditure of any Government funds or grants, the money, gift or consideration shall be deemed to have been paid or given and received corruptly as such inducement or reward as is mentioned in this Division, unless the contrary is proved.

387. Consent of Director of Public Prosecutions to prosecution

A prosecution for an offence under this Division shall not be instituted without the written consent of the Director of Public Prosecutions.

(Adopted on 30th September 1966)

Chapter IV The executive

Part III Executive functions

51.       Attorney-General

(1) There shall be an Attorney-General whose office shall be a public office.

(2) The Attorney-General shall be the principal legal adviser to the Government of Botswana.

(3) The Attorney-General shall have power in any case in which he considers it desirable to do so—

(a)   to institute and undertake criminal proceedings against any person before any court (other than a court-martial) in respect of any offence alleged to have been committed by that person;

(b)   to take over and continue any such criminal proceedings that have been instituted or undertaken by any other person or authority; and

(c)   to discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

(4) The powers of the Attorney-General under subsection (3) may be exercised by him in person or by officers subordinate to him acting in accordance with his general or special instructions.

(5) The powers conferred on the Attorney-General by paragraphs (b) and (c) of subsection (3) shall be vested in him to the exclusion of any other person or authority:

Provided that where any other person or authority has instituted criminal proceedings, nothing in this subsection shall prevent the withdrawal of those proceedings by or at the instance of that person or authority and with the leave of the court.

(6) For the purposes of this section, any appeal from any judgment in any criminal proceedings before any court, or any case stated or question of law reserved for the purpose of any such proceedings, to any other court shall be deemed to be part of those proceedings:

Provided that the power conferred on the Attorney-General by subsection (3)(c) of this section shall not be exercised in relation to any appeal by a person convicted in any criminal proceedings or to any case stated or question of law reserved at the instance of such a person.

(7) In the exercise of the functions vested in him by subsection (3) of this section, the Attorney-General shall not be subject to the direction or control of any other person or authority.

Chapter VII The Public Service

Tenure of office of Attorney-General

(1)Subject to the provisions of this section, a person holding the office of Attorney-General shall vacate his office when he attains the age of 60 years or such other age as may be prescribed by Parliament.

(2) A person holding the office of Attorney-General may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section.

(3) If the President considers that the question of removing a person holding the office of Attorney-General from office ought to be investigated then—

(a)   he shall appoint a tribunal which shall consist of a Chairman and not less than two other members, who hold or have held high judicial office; and

(b)   the tribunal shall enquire into the matter and report on the facts thereof to the President and advise the President whether the person holding the office of Attorney-General ought to be removed from office under this section for inability as aforesaid or for misbehaviour.

(4) Where a tribunal appointed under subsection (3) of this section advises the President that a person holding the office of Attorney-General ought to be removed from office for inability as aforesaid or for misbehaviour, the President shall remove such person from office.

(5) If the question of removing a person holding the office of Attorney-General from office has been referred to a tribunal under this section, the President may suspend that person from performing the functions of his office, and any such suspension may at any time be revoked by the President and shall in any case cease to have effect if the tribunal advises the President that the person ought not to be removed from office.

Police Background Check Procedures

Who can apply?

•  Applications of the individual are both accepted locally and from abroad.

Where?

•  Locally: Submit in person to the Criminal Records Bureau, Botswana Police Services.
•  Externally: Mail to Criminal Records Bureau (see below) or consult the Botswana High
Commission (see below).

What must the applicant supply?

Local applicants:
•  A set of fingerprints obtained at the nearest Police Station
•  A copy of Omang (national ID) or passport for persons under 16 years of age.
•  A letter stating the reason for requestinga Police Clearance Certificate

Foreign nationals (living in Botswana):

•  A copy of their residency permit is required. Foreign nationals (living outside Botswana):
•  For applicants from overseas, they need to arrange to have their fingerprints taken by a local
police force and sent with a covering letter explaining the reason for applying for the Police
Clearance Certificate to the Botswana Police Service in Gabarone, address listed below.

What are the costs/turnaround?

•  For local applications, there is currently no charge.
•  Externally, fees may be applicable.
•  Turnaround is 7 working days for a local application

Contact Details

Deputy Director–
Criminal Records Bureau
Forensic Science Services
Private Bag 0400
Gaborone
Plot 22117 Gaborone West Industrial, KgomokasitwaRoad
Tel: + (267) 3918601
Email:golesetedi@gov.bw
For more information for applicants in the UK, contact:
Botswana High Commission
6 Stratford Place
London
W1C 1AY
Tel:+ (0044) (020) 7499 0031 /(020) 76471000
Fax: +(0044) (020) 7495 8595 /(020) 74097382

Risk

Sovereign risk

The sovereign risk score was unchanged in February and remains firmly in the A rating band. Debt repayment capacity is underpinned by the strong fiscal and current-account positions and a robust buffer of foreign-exchange reserves. Notwithstanding a possible fall in customs revenue from the Southern African Customs Union, revenue from mining together with conservative spending policies will help to maintain a fiscal surplus.

Banking sector risk

The rating remained at BBB in February, underpinned by the banking system’s strong regulation, solid capital and liquidity indicators, and healthy profitability. Rising household debt is a source of concern, but non-performing loans are low, implying limited risk of a systemic crisis in the sector.

Political risk

The Economist Intelligence Unit expects the ruling Botswana Democratic Party, which won the legislative election of October 24th 2014albeit with a slightly reduced majorityto remain dominant. The fragmented opposition alliance is unlikely to pose a significant threat to the regime.

Economic structure risk

The economy’s overdependence on diamond mining for exports and fiscal revenue (if not overall economic output and growth) is being mitigated by diversification efforts and a move up the value chain with the addition of diamond-sorting operations that will sustain the current-account surplus. Development of the non-mining private sector is constrained by high labour costs, skills shortages and the small domestic market.

Travel Risk

Security

The decision to travel is your responsibility. You are also responsible for your personal safety abroad. The purpose of this Travel Advice is to provide up-to-date information to enable you to make well-informed decisions.

Most Canadian visitors to Botswana do not experience problems, as Botswana is politically and economically stable, with no recent violent civil disturbances.

Crime

Pickpocketing, thefts and œsmash and grab robberies are on the rise in the country. You should not show signs of affluence and should remain aware of your surroundings. Avoid walking alone after dark, particularly in urban and peri-urban areas.

Carry a photocopy of your passport with you at all times, and keep your original document in safekeeping facilities. It is also advisable to leave a photocopy of your travel documents with a relative or a friend at home.

Demonstrations

Demonstrations occur and have the potential to suddenly turn violent. They can lead to significant disruptions to traffic and public transportation. Avoid all demonstrations and large gatherings, follow the advice of local authorities and monitor local media.

Wild animals

Wild animals can pose risks. Observe all local or park regulations and instructions given by tour guides. Wildlife areas are not fenced and warning signs are few. Do not swim in rivers or lakes as wildlife attacks are possible, particularly from crocodiles and hippopotamus. Do not walk alone or unescorted after dark because of the threat from nocturnal predators, particularly lion, hyena or leopard.

Road travel

Road conditions are generally good in major towns, but overland travel outside major centres can be dangerous. Driving standards, high speed limits, long stretches of highway and poor lighting pose hazards, particularly at night. A reliable private roadside assistance service called Medical Rescue International is available by calling 390-1601.

Failure to obey traffic signs, driving while intoxicated or not being in possession of a valid driver’s licence may result in arrest and heavy fines.

Pedestrians and roaming livestock or wild animals may pose a hazard on rural roadways, particularly in the Okavango, Chobe, Savuti, Pandamatenga and Ghanzi districts.

Desert conditions and conditions in remote areas are harsh. Travel to these areas should not be undertaken without a guide if possible nor without serious planning in advance, and a four-wheel-drive vehicle well equipped with provisions, fuel and water.

When you travel by road, for example, if you have hired an Avis 4 x 4 vehicle, you will be entirely responsible for your safety as there are generally no guides provided then or when you enter the parks. You should ensure that friends or relatives are aware of your travel itinerary so that they can keep in contact with you. Guides are provided by private camps or mobile safaris when you fly directly into the Delta or similar conservancy areas, as they are part of the commercial or guided safari packages. This is not necessarily the case with self-drive travel.

Some hotels operate a minibus service between the airport and Gaborone. You should verify whether your hotel provides this service and reserve the transfer in advance. Vehicles can be rented at the airport in Gaborone. In major towns, taxis are generally safe, but the fare should be determined before departure.

Public Transportation

Domestic air services are available.

See Transportation Safety in order to verify if national airlines meet safety standards.

Passenger train service in Botswana has been discontinued. There are reliable buses for long distance journeys to Johannesburg, Lusaka, Harare, which can be found at the main Bus Rank in Gaborone. Mini buses leave at hourly intervals to Johannesburg from the main Bus Rank in Gaborone. Long distance buses normally leave in the early hours, around 6 a.m. For reliable transportation to Johannesburg from Gaborone, you must book at least one day before the travel date. Reliable operators used for the Johannesburg-Gaborone/Gaborone-Johannesburg Routes are:

InterCape Bus Service “ telephone +267 3974294

T. J. Motlogelwa’s Express “ telephone +267 3190395

Emergency assistance

In case of an emergency, dial 999 for police, 998 for fire, and 997 for ambulance services.

Annual Cases

Budget Autonomy Yes
Annual Budget of the Agency £ 6,767,933.
Per Capital Expenditure $(US) 3.16
Expeniture as % of the GDP 0.02%
Are employees protected by law from recrimination or other negative consequences when reporting corruption (i.e. whistle-blowing)? Yes
Does your country have freedom of information legislation? No
Does your country have conflict of interest legislation? Yes
Does your country have a financial disclosure system to help prevent conflicts of interest? No
Who appoints the head of your agency? HE The President of Botswana
Who has the authority to remove the head of the ACA? HE The President of Botswana
Is there any term limit for the head of the ACA?Does your agency measure performance? Yes , 5 years (renewable)

Yes
Number of investigations launched
Number of investigations completed
Ratio of number of investigations/staff
Public opinion survey
Conviction rate
Level of implementation of recommendations emanating from preventive work

Address Format

RECIPIENT

[BUILDING]
[SUBBUILDING]
[STREET_NAME] [HOUSE_NUMBER]
[DEPENDENT_LOCALITY]
LOCALITY
BOTSWANA

Sample

Niles Nobody
Shorobe Road 12
Matlapana
Maun
Botswana

Summary

Calendar GMT Reference Actual Previous Consensus Forecast
2013-10-03 06:00 PM Q2 2013 7.9% 3.3% (R) 4.45%
2013-12-20 01:50 PM Q3 2013 7.1% 7.4% (R) 5.94%
2014-03-24 05:30 PM Q4 2013 4.7% 6.9% (R) 6.07%

 

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