TRADE *: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Trade Act (Size of Enterprises) Order
Trade (Size of Enterprises) Order
Trade (Exemption) (No.1) Regulations
Trade (Exemption) (No. 70) Regulations
*Trade Act repealed and replaced by Trade Act 25 of 2019.
TRADE ACT (SIZE OF ENTERPRISES) ORDER
(section 31)
(7th October, 2011)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Size of enterprises
SCHEDULE
S.I. 79, 2011
This Order may be cited as the Trade Act (Size of Enterprises) Order.
The sizes of micro, small and medium enterprises, in terms of staff complement and annual turnover, shall be as set out in the Schedule.
SCHEDULE
SIZES OF ENTERPRISES
(paragraph 2)
|
Enterprise |
Staff Complement |
Annual Turnover |
|
Micro enterprises |
Less than six |
Up to P100 000 |
|
Small enterprises |
Less than 25 |
P100 001 to P1 500 000 |
|
Medium enterprises |
25 to 100 |
P1 500 001 to P5 000 000. |
TRADE (EXEMPTION) (NO.1) REGULATIONS
(section 27)
(3rd February, 2012)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Exemption
SCHEDULE
S.I. 80, 2011,
S.I. 81, 2011,
S.I. 86, 2011,
S.I. 4, 2012,
S.I. 15, 2012,
S.I. 38, 2012,
S.I. 39, 2012,
S.I. 40, 2012,
S.I. 46, 2012,
S.I. 68, 2018,
S.I. 23, 2013,
S.I. 24, 2013,
S.I. 35, 2013,
S.I. 38, 2013,
S.I. 39, 2013,
S.I. 40, 2013,
S.I. 58, 2013,
S.I. 70, 2013,
S.I. 71, 2013,
S.I. 72, 2013,
S.I. 73, 2013,
S.I. 80, 2013,
S.I. 81, 2013,
S.I. 82, 2013,
S.I. 83, 2013,
S.I. 84, 2013,
S.I. 88, 2013,
S.I. 92, 2013,
S.I. 97, 2013,
S.I. 98, 2013,
S.I. 102, 2013,
S.I. 113, 2013,
S.I. 117, 2013,
S.I. 123, 2013,
S.I. 124, 2013,
S.I. 1, 2014,
S.I. 9, 2014,
S.I. 10, 2014,
S.I. 16, 2014,
S.I. 19, 2014,>
S.I. 27, 2014,
S.I. 38, 2014,
S.I. 39, 2014,
S.I. 40, 2014,
S.I. 41, 2014,
S.I. 42, 2014,
S.I. 43, 2014,
S.I. 44, 2014,
S.I. 55, 2014,
S.I. 61, 2014,
S.I. 62, 2014,
S.I. 63, 2014,
S.I. 64, 2014,
S.I. 65, 2014,
S.I. 66, 2014,
S.I. 144, 2014,
S.I. 3, 2015,
S.I. 4, 2015,
S.I. 5, 2015,
S.I. 6, 2015,
S.I. 8, 2015,
S.I. 14, 2015,
S.I. 15, 2015,
S.I. 16, 2015,
S.I. 19, 2015,
S.I. 33, 2015,
S.I. 34, 2015,
S.I. 35, 2015,
S.I. 36, 2015,
S.I. 45, 2015,
S.I. 52, 2015,
S.I. 70, 2015,
S.I. 71, 2015,
S.I. 73, 2015,
S.I. 90, 2015,
S.I. 95, 2015,
S.I. 98, 2015,
S.I. 103, 2015,
S.I. 114, 2015,
S.I. 22, 2016,
S.I. 26, 2016,
S.I. 66, 2016,
S.I. 67, 2016,
S.I. 72, 2016,
S.I. 74, 2016,
S.I. 75, 2016,
S.I. 76, 2016,
S.I. 77, 2016,
S.I. 78, 2016,
S.I. 79, 2016,
S.I. 83, 2016,
S.I. 86, 2016,
S.I. 90, 2016,
S.I. 91, 2016,
S.I. 96, 2016,
S.I. 97, 2016,
S.I. 98, 2016,
S.I. 99, 2016,
S.I. 105, 2016,
S.I. 108, 2016,
S.I. 112, 2016,
S.I. 117, 2016,
S.I. 126, 2016,
S.I. 127, 2016,
S.I. 134, 2016,
S.I. 135, 2016,
S.I. 136, 2016,
S.I. 20, 2017,
S.I. 21, 2017,
S.I. 28, 2017,
S.I. 33, 2017,
S.I. 34, 2017,
S.I. 36, 2017,
S.I. 43, 2017,
S.I. 51, 2017,
S.I. 54, 2017,
S.I. 55, 2017,
S.I. 62, 2017,
S.I. 63, 2017,
S.I. 64, 2017,
S.I. 65, 2017,
S.I. 74, 2017,
S.I. 94, 2017,
S.I. 95, 2017,
S.I. 96, 2017,
S.I. 97, 2017,
S.I. 98, 2017,
S.I. 99, 2017,
S.I. 100, 2017,
S.I. 105, 2017,
S.I. 106, 2017,
S.I. 107, 2017,
S.I. 108, 2017,
S.I. 117, 2017,
S.I. 125, 2017,
S.I. 126, 2017,
S.I. 131, 2017,
S.I. 132, 2017,
S.I. 133, 2017,
S.I. 134, 2017,
S.I. 136, 2017,
S.I. 142, 2017,
S.I. 1, 2018,
S.I. 2, 2018,
S.I. 3, 2018,
S.I. 4, 2018,
S.I. 10, 2018,
S.I. 20, 2018,
S.I. 21, 2018,
S.I. 34, 2018,
S.I. 35, 2018,
S.I. 36, 2018,
S.I. 37, 2018,
S.I. 38, 2018,
S.I. 39, 2018,
S.I. 40, 2018,
S.I. 41, 2018,
S.I. 42, 2018,
S.I. 43, 2018,
S.I. 54, 2018,
S.I. 55, 2018,
S.I. 66, 2018,
S.I. 67, 2018,
S.I. 68, 2018,
S.I. 72, 2018,
S.I. 73, 2018,
S.I. 75, 2018,
S.I. 76, 2018,
S.I. 88, 2018,
S.I. 89, 2018,
S.I. 90, 2018,
S.I. 91, 2018,
S.I. 92, 2018,
S.I. 93, 2018,
S.I. 94, 2018,
S.I. 95, 2018,
S.I. 106, 2018,
S.I. 112, 2018,
S.I. 118, 2018,
S.I. 119, 2018,
S.I. 120, 2018,
S.I. 130, 2018,
S.I. 131, 2018,
S.I. 132, 2018,
S.I. 138, 2018,
S.I. 139, 2018,
S.I. 140, 2018,
S.I. 141, 2018,
S.I. 143, 2018,
S.I. 144, 2018,
S.I. 145, 2018,
S.I. 146, 2018,
S.I. 147, 2018,
S.I. 151, 2018,
S.I. 152, 2018,
S.I. 153, 2018,
S.I. 159, 2018,
S.I. 160, 2018,
S.I. 161, 2018,
S.I. 162, 2018,
S.I. 163, 2018,
S.I. 168, 2018,
S.I. 169, 2018,
S.I. 175, 2018,
S.I. 179, 2018,
S.I. 180, 2018,
S.I. 181, 2018,
S.I. 183, 2018,
S.I. 184, 2018,
S.I. 191, 2018,
S.I. 194, 2018,
S.I. 199, 2018,
S.I. 200, 2018,
S.I. 201, 2018,
S.I. 202, 2018,
S.I. 203, 2018,
S.I. 204, 2018,
S.I. 9, 2019,
S.I. 10, 2019,
S.I. 11, 2019,
S.I. 12, 2019,
S.I. 13, 2019,
S.I. 14, 2019,
S.I. 15, 2019,
S.I. 16, 2019,
S.I. 17, 2019,
S.I. 18, 2019,
S.I. 21, 2019,
S.I. 22, 2019,
S.I. 23, 2019,
S.I. 25, 2019,
S.I. 26, 2019,
S.I. 27, 2019,
S.I. 34, 2019,
S.I. 35, 2019,
S.I. 36, 2019,
S.I. 37, 2019,
S.I. 38, 2019,
S.I. 39, 2019,
S.I. 40, 2019,
S.I. 41, 2019,
S.I. 42, 2019,
S.I. 43, 2019,
S.I. 44, 2019,
S.I. 45, 2019,
S.I. 46, 2019,
S.I. 49, 2019,
S.I. 50, 2019,
S.I. 76, 2019,
S.I. 78, 2019,
S.I. 81, 2019,
S.I. 83, 2019,
S.I. 84, 2019,
S.I. 85, 2019,
S.I. 86, 2019,
S.I. 87, 2019,
S.I. 88, 2019,
S.I. 90, 2019,
S.I. 94, 2019,
S.I. 95, 2019,
S.I. 96, 2019,
S.I. 97, 2019,
S.I. 114, 2019,
S.I. 115, 2019,
S.I. 116, 2019,
S.I. 117, 2019,
S.I. 118, 2019,
S.I. 119, 2019,
S.I. 120, 2019,
S.I. 121, 2019,
S.I. 122, 2019,
S.I. 123, 2019,
S.I. 124, 2019,
S.I. 125, 2019,
S.I. 126, 2019,
S.I. 127, 2019,
S.I. 129, 2019,
S.I. 130, 2019,
S.I. 131, 2019,
S.I. 132, 2019,
S.I. 133, 2019,
S.I. 140, 2019,
S.I. 141, 2019,
S.I. 142, 2019,
S.I. 143, 2019,
S.I. 146, 2019,
S.I. 151, 2019,
S.I. 160, 2019,
S.I. 7, 2020,
S.I. 8, 2020,
S.I. 12, 2020,
S.I. 21, 2020,
S.I. 66, 2020,
S.I. 85, 2020.
These Regulations may be cited as the Trade (Exemption) (No. 1) Regulations.
…
NB: Exemption provisions and name of the companies listed for exemption from the requirements of the Trade Act (Cap. 43:02) or Trade Regulations (Cap. 43:02 (Sub. Leg.)) not reproduced here owing to frequent amendments.
*The name of the companies exempted from the requirements of the Trade Act or Trade Regulations is not reproduced here owing to frequent amendments. For more information refer to Original Gazettes.
(section 44)
(20th May, 2020)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Trades or businesses to be registered
4. Amusement arcade business registration certificate
5. Auctioneer’s business registration certificate
6. Cleaning services business registration certificate
7. Commercial hardware business registration certificate
8. Curio shop business registration certificate
9. Department store business registration certificate
10. Distributor’s business registration certificate
11. Driller’s business registration certificate
12. Dry clean business registration certificate
13. Dry-clean depot business registration certificate
14. Florist or plant nursery business registration certificate
15. General dealer business registration certificate
16. General hire service business registration certificate
17. Industrial hardware business registration certificate
18. Laundromat business registration certificate
19. Plant hire service business registration certificate
20. Sunglass shop business registration certificate
21. Supermarket business registration certificate
22. Wholesale business registration certificate
23. Workshop business registration certificate
24. Business registration certificates reserved for citizens
25. Licences and business registration certificates restricted to fixed premises
26. Trades or businesses to be licensed
27. Agricultural shop licence
28. Fresh produce licence
29. Funeral parlour licence
30. Gymnasium licence
31. Optician shop licence
32. Pharmacy or chemist licence
33. Restaurant licence
34. Takeaway licence
35. Licences reserved for citizens
36. Application for licence or business registration certificate
37. Issue of licence or business registration certificate
38. Payment of annual licence or business registration certificate fee
39. Conditions attached to licence or business registration certificate
40. Notice of licence or business registration certificate transfer
41. Application for transfer of licence or business registration certificate
42. Application for duplicate licence or business registration certificate
43. General penalty
44. Saving
45. Revocation of S.I. No. 69 of 2011
S.I. 24, 2008,
S.I. 69, 2011,
S.I. 106, 2011,
S.I. 61, 2012,
S.I. 14, 2014,
S.I. 18, 2014,
S.I. 47, 2016,
S.I. 46, 2018,
S.I. 40, 2020,
S.I. 82, 2020,
S.I. 144, 2024*.
*Amendments through SI 144 of 2024 – addition of definition of “tswana food item” in reg. 2; substitution of reg. 34 – to be commenced from 15th February, 2024.
Thes amendments have been incorporated.
These Regulations may be cited as the Trade Regulations.
In these Regulations, unless the context otherwise requires?
“agent” means a business which supplies goods for sale but does not keep any stock;
“agricultural shop” means a business selling stock feed, scheduled and unscheduled veterinary medicines, farming implements and farm wear, but not vehicles;
“amusement arcade” means a business which lets out, for use on the premises, computer games, pool and snooker tables, darts or any other related games;
“auctioneer” means a business which sells goods by public auction;
“baby shop” means a business selling a wide range of baby products, clothes, toys and related accessories;
“bookshop” means a business selling stationery, computer and computer accessories, books or other reading materials;
“car wash” means a business which washes motor vehicles and household goods, such as carpets and sofas, either manually or using an auto mechanical system;
“cellphone shop” means a business selling cellphones and related accessories, including cordless phones;
“cleaning services” means a business which renders the service of general cleaning of premises such as shops, offices and residential property, including office and household goods such as carpets, sofas and curtains;
“commercial hardware” means a business which sells small scales tools and equipment, together with building materials, in small quantities;
“cosmetics shop” means a business selling cosmetics, make-up, fragrances, beauty products and other related items;
“curio shop” means a business selling handicrafts, trophies, antiques and ornaments;
“department store” means a store which sells different categories of goods in different departments under one roof;
“distributor” means a business which distributes goods from a warehouse, at a wholesale scale but does not include imported pre-owned motor vehicles, imported pre-owned earth moving equipment, imported pre-owned heavy duty machinery, imported pre-owned tractors, imported pre-owned motorcycles;
“driller” means a business which drills for water and may include the installation of drilling equipment;
“dry-clean” means a business which is engaged in washing with chemicals, drying and ironing of clothes and textile materials;
“dry-clean depot” means a business which receives and collects goods for dry-cleaning;
“electronics or electrical shop” means a business selling a wide range of electrical goods, electrical appliances, video games and related accessories;
“florist or plant nursery” means a business selling flowers, live plants, dry seeds, treated soil, aquaria and other related gardening accessories, including vases, flower pots and garden ornaments;
“fresh produce” means a business that primarily sells dairy products, fruits and vegetables, bread, meat and meat products, poultry and poultry products, seafood, seasoning and spices;
“funeral parlour” means an establishment which is engaged in the business of funeral undertaking, and may sell coffins, wreaths, flowers, grave covers and tombstones;
“furniture shop” means a business selling moveable household and office furnishing, electronics and electrical appliances, carpets, bedding, linen and other related goods;
“general clothing” means a business which sells clothes, shoes and other accessories;
“general dealer” means a business selling a wide range of groceries and general merchandise, including unscheduled medicines or drugs;
“general hire service” means a business which lets out small machinery, tools and equipment, together with domestic and office implements;
“gymnasium” means a business which provides fitness and body-building services through the use of related equipment and machinery and fitness lessons;
“haberdashery” means a business selling fabrics, sewing machines and related accessories;
“hair or beauty parlour” means a business in which a person’s hair is cut and arranged, the services of pedicure, manicure, body massage, facial treatment and other related services are carried out, and which may sell hair and beauty products;
“household shop” means a business selling a wide range of home and household items, including curtains, sheets, cutlery, crockery and gardening accessories;
“imported pre-owned motor dealer” means a business that sell imported pre-owned motor vehicles, imported pre-owned earth moving equipment, imported pre-owned heavy duty machinery, imported pre-owned tractors, imported pre-owned motorcycles including new or used motor spare parts, new tyres, lubricants and motor vehicle accessories;
“industrial hardware” means a business which sells large-scale tools and equipment, together with building materials in large quantities;
“internet caf? or copy shop” means a business which renders the services of document printing, typing, faxing, laminating, photocopying, internet and other related services, and which may sell printing and photocopying paper, recordable compact disks, recordable cassettes, memory sticks, computer ink cartridges and toner;
“jewellery shop” means a business selling a wide range of jewellery and related accessories;
“laundromat” means a business which is engaged in the washing, drying and ironing of clothes;
“local pre-owned” means a motor vehicle, earth moving equipment, heavy duty machinery, tractors, and motorcycles which were bought new locally or imported new;
“money’s worth” means a token or related item representing money or an article of value;
“optician shop” means a business specialising in sight testing and selling contact lenses, spectacles, sunglasses and related accessories;
“pharmacy or chemist” means a business which sells medicines or drugs, cosmetics, chemicals, chemical preparations, surgical goods, jewellery, goods for invalids, optical goods and infant food and products;
“plant hire service” means a business which lets out heavy plant machinery, tools and equipment;
“restaurant” means a business that prepares and sells meals, refreshments and alcoholic beverages for consumption on the premises;
“specialised motor dealer” means a business that sells new and local pre-owned motor vehicles, new and local pre-owned earth moving equipment, new and local pre-owned heavy duty machinery, new and local pre-owned tractors, new and local pre-owned motorcycles including new motor spare parts, new tyres, lubricants and motor vehicle accessories;
“sunglass shop” means a business selling sunglasses and related fashion accessories;
“supermarket” means a self-service store which sells a wide range of food items, household goods and wines, but does not sell beer and spirits;
“takeaway” means a business that prepares and sells meals, refreshments and non-alcoholic beverages, for consumption off the premises;
“toy shop” means a business selling a wide range of toys and other related items;
“tswana food item” means cooked traditional tswana meals including samp (setampa), sorghum (mabele), millet (lebelebele), fat cakes (magwinya), mophane worm (phane), chicken feet (menoto), chicken hearts, chicken necks, chicken heads, phaphatha, tripe (serobe), and pounded meat (seswaa);
“wholesale” means a store which sells goods in bulk per product or line item but does not include imported pre-owned motor vehicles, imported pre-owned earth moving equipment imported pre-owned heavy duty machinery, imported pre-owned tractors, imported pre-owned motorcycles; and
“workshop” means a business that maintains and repairs motor vehicles and other machinery or equipment.
3. Trades or businesses to be registered
The Director shall register the following trades or businesses?
(a) agent;
(b) amusement arcade;
(c) auctioneer;
(d) baby shop;
(e) bookshop;
(f) car wash;
(g) cellphone shop;
(h) cleaning services;
(i) commercial hardware;
(j) curio shop;
(k) department store;
(l) distributor;
(m) driller;
(n) dry-clean;
(o) dry-clean depot;
(p) electronics or electrical shop;
(q) florist or plant nursery;
(r) furniture shop;
(s) general clothing;
(t) general dealer;
(u) general hire service;
(v) haberdashery;
(w) household shop;
(x) imported pre-owned motor dealer;
(y) industrial hardware;
(z) internet caf? or copy shop;
(aa) jewellery shop;
(bb) laundromat;
(cc) plant hire service;
(dd) specialised motor dealer;
(ee) sunglass shop;
(ff) supermarket;
(gg) toy shop;
(hh) wholesale; and
(ii) workshop.
4. Amusement arcade business registration certificate
A holder of an amusement arcade business registration certificate shall not?
(a) provide any game of chance for money or money’s worth on the registered business premises; or
(b) allow any alcoholic beverages to be taken into the business premises.
5. Auctioneer’s business registration certificate
(1) A person shall not, whether on his or her own account or as an employee of any other person, conduct a public auction sale, unless he or she has, prior to such auction sale, obtained an auctioneer’s business registration certificate.
(2) The provisions of subregulation (1) shall not apply to?
(a) a deputy sheriff;
(b) a Government department; or
(c) any employee of the holder of an auctioneer’s business registration certificate whose name is endorsed on such business registration certificate, in respect of any sale under subregulation (1) carried out on behalf of the holder of the business registration certificate.
6. Cleaning services business registration certificate
A holder of a cleaning services business registration certificate may deliver services at a customer’s business or residence.
7. Commercial hardware business registration certificate
The Director shall not issue a commercial hardware business registration certificate to an applicant who intends to sell liquefied petroleum gas, unless such applicant has adhered to the safety standards of the Botswana Bureau of Standards for the storage and handling of liquefied petroleum gas.
8. Curio shop business registration certificate
A holder of a tourism enterprise licence or permit issued under the Tourism Act (Cap. 42:09) shall not require a curio shop business registration certificate to operate a curio shop in the licenced premises.
9. Department store business registration certificate
(1) A holder of a department store business registration certificate shall not sell motor vehicles, petrol, diesel, paraffin or liquefied petroleum.
(2) A holder of a business registration certificate or a licence reserved for a citizen under regulation 24 or 36, in respect of a reserved trade or business, may carry out such trade or business within a department store owned by a non-citizen.
10. Distributor’s business registration certificate
(1) A holder of a distributor’s business registration certificate shall carry out his or her business from a warehouse of at least 75 square metres.
(2) Notwithstanding the provisions of subregulation (1), the holder of a distributor’s business registration certificate may distribute goods anywhere in Botswana.
11. Driller’s business registration certificate
The Director shall not issue a driller’s business registration certificate unless an applicant for such a business registration certificate has obtained permission, in writing, from the Department of Water Affairs.
12. Dry-clean business registration certificate
The Director shall not issue a dry-clean business registration certificate unless the proposed premises to be used by an applicant for such a business registration certificate has a functional drainage system.
13. Dry-clean depot business registration certificate
A holder of a dry-clean depot business registration certificate under regulation 12 shall not require a dry-clean depot business registration certificate.
14. Florist or plant nursery business registration certificate
(1) A holder of a florist or plant nursery business registration certificate may sell agrochemicals if he or she is licenced to do so under the Agrochemicals Act (Cap. 35:09).
(2) A holder of a plant nursery business registration certificate shall not require a florist business certificate provided that he or she sells products directly from a nursery.
15. General dealer business registration certificate
(1) A holder of a general dealer business registration certificate shall not sell?
(a) groceries and general merchandise for which a fresh produce licence, specialised motor dealer’s business registration certificate or takeaway licence is required; and
(b) goods for which a petrol filling station licence is required under the Botswana Energy Regulatory Authority Act (Cap. 74:11), except for paraffin, liquefied petroleum gas, lubricants and motor vehicle accessories.
(2) The Director shall not issue a general dealer business registration certificate to an applicant who intends to sell liquefied petroleum gas unless such applicant has adhered to the safety standards of the Botswana Bureau of Standards, for the storage and handling of liquefied petroleum gas.
16. General hire service business registration certificate
A holder of a general hire service business registration certificate may deliver goods or services at a customer’s business or residence.
17. Industrial hardware business registration certificate
The Director shall not issue an industrial hardware business registration certificate to an applicant who intends to sell liquefied petroleum gas unless such applicant has adhered to the safety standards of the Botswana Bureau of Standards, for the storage and handling of liquefied petroleum gas.
18. Laundromat business registration certificate
The Director shall not issue a laundromat business registration certificate unless the proposed premises to be used by an applicant for such a business registration certificate has a functional drainage system.
19. Plant hire service business registration certificate
A holder of a plant hire service business registration certificate may deliver goods or services at a customer’s business or residence.
20. Sunglass shop business registration certificate
A holder of a sunglass shop business registration certificate shall not sell any optical items that would require sight testing or the expertise of an optician.
21. Supermarket business registration certificate
(1) A holder of a supermarket business registration certificate who has been issued with a bottle store liquor licence under the Liquor Act (Cap. 43:11) shall?
(a) restrict access to the section of the premises where liquor is kept; and
(b) comply with the conditions set out in the Liquor Act in respect of the bottle store liquor licence.
(2) A holder of a supermarket business registration certificate shall carry out his or her business from a store of at least 1000 square metres.
22. Wholesale business registration certificate
A holder of a wholesale business registration certificate shall carry out his or her business from a store of at least 1500 square metres.
23. Workshop business registration certificate
(1) A holder of a workshop business registration certificate may, in maintaining and repairing motor vehicles, carry out the servicing, panel-beating and maintenance of such motor vehicles.
(2) The Director shall not issue a workshop business registration certificate to an applicant unless such applicant’s premises has?
(a) an oil or water separator trap; and
(b) a wash bay.
24. Business registration certificates reserved for citizens
The following business registration certificates shall be reserved for citizens or for companies wholly owned by citizens?
(a) agent’s business registration certificate;
(b) auctioneer’s business registration certificate;
(c) car wash business registration certificate;
(d) cellphone shop business registration certificate;
(e) cleaning services business registration certificate;
(f) curio shop business registration certificate;
(g) dry-clean depot business registration certificate;
(h) florist business registration certificate;
(i) general dealer business registration certificate;
(j) general hire service business registration certificate;
(k) imported pre-owned motor dealer business registration certificate;
(l) internet caf? or copy shop business registration certificate; and
(m) laundromat business registration certificate.
25. Licences and business registration certificates restricted to fixed premises
A licence or a business registration certificate issued by the Director shall be restricted to fixed premises specified in the licence or business registration certificate.
26. Trades or businesses to be licensed
The Director shall licence the following trades or businesses?
(a) agricultural shop;
(b) cosmetic shop;
(c) fresh produce;
(d) funeral parlour;
(e) gymnasium;
(f) hair and beauty parlour;
(g) optician shop;
(h) pharmacy or chemist;
(i) restaurant; or
(j) takeaway.
An agricultural shop licensee shall not sell any scheduled veterinary medicines unless such medicines have been issued by a veterinary surgeon registered under the Veterinary Surgeons Act (Cap. 61:04).
A person who owns a farm shall not require a fresh produce licence to sell fresh farm produce.
A funeral parlour licensee may prepare corpses for burial or cremation.
A gymnasium licensee may sell non-alcoholic beverages, sportswear and energy supplements.
(1) An optician shop licensee shall not carry out any sight testing or sell any contact lenses, spectacles, sunglasses and related accessories unless the optician shop has, in its employ, an optician registered as a member of an allied health profession under the Health Professions Act (Cap. 61:02).
(2) An optician registered as a member of an allied health profession under the Health Professions Act who wishes to sell any of the items under subregulation (1) at his or her practice shall not require an optician shop licence.
32. Pharmacy or chemist licence
The Director shall not issue a pharmacy or chemist licence to an applicant unless such applicant has obtained, from the Ministry responsible for health, a letter stating that the pharmacy or chemist is operated by a qualified pharmacist or chemist.
(1) A restaurant licensee may serve liquor in an unsealed container, to a person who takes a meal in the licenced premises, for consumption on the premises:
Provided that the provisions of section 32 of the Liquor Act shall apply to the licensee as if he or she is a licensee under the Liquor Act.
(2) The Director shall not issue a restaurant licence to an applicant unless the applicant’s premises has—
(a) a kitchen and sitting facilities; and
(b) an oil and water separator trap.
(1) The Director shall not issue a takeaway licence to an applicant unless such applicant’s premises have—
(a) an oil and water separator trap; and
(b) a kitchen facility.
(2) An applicant who is a medium or a large enterprise, and has been issued with a takeaway licence, shall not sell any tswana food item.
35. Licences reserved for citizens
The following licences shall be reserved for citizens or for companies wholly owned by citizens?
(a) fresh produce licence;
(b) funeral parlour licence;
(c) hair or beauty parlour licence; and
(d) takeaway licence.
36. Application for licence or business registration certificate
(1) A person who makes an application for a licence or a business registration certificate specified under regulation 3 and regulation 26 shall do so in Form 1 or Form 2 as set out in Schedule 1.
(2) An application under subregulation (1) shall be accompanied by a non-refundable application fee of P200.
(3) A person whose application for a licence or a business registration certificate has been approved by the Director shall pay a licence or a business registration certificate fee specified against the licence or business registration certificate he or she applies for as set out in Schedule 2.
37. Issue of licence or business registration certificate
The Director shall, under section 9 and section 14 of the Act, issue to an applicant, a licence or a business registration certificate in Form 3 or Form 4 as set out in Schedule 1.
38. Payment of annual licence or business registration certificate fee
(1) A licensee or a holder of a business registration certificate shall pay an annual licence fee or business registration certificate fee as set out in the Schedule 2.
(2) A licensee or a holder of a business registration certificate referred to in subregulation (1) who pays for an annual licence fee or business registration certificate fee shall, at the time of paying the fee, submit Form 5 as set out in Schedule 1.
(3) A licensee or a holder of a business registration certificate who fails to pay an annual licence fee under this regulation shall be liable to a fine of P500, or to imprisonment for a term not exceeding one month, or to both, and for a second or subsequent offence, to a fine not exceeding P100 for every month the offence continues for a period of 24 months.
39. Conditions attached to licence or business registration certificate
A licensee or a holder of a business registration certificate shall ensure that the licensed or the registered premises are maintained according to the conditions attached to his or her licence or business registration certificate.
40. Notice of licence or business registration certificate transfer
(1) A licensee or a holder of a business registration certificate shall give notice to the Director?
(a) of his or her intention to transfer a licence or a business registration certificate to another person; and
(b) of his or her intention to transfer a licence or a business registration certificate from the licenced or registered premises to other premises.
(2) A notice under subregulation (1) shall be made in Form 6 as set out in Schedule 1.
41. Application for transfer of licence or business registration certificate
(1) An application for transfer of a licence or a business registration certificate under section 10(1) of the Act shall be in Form 7 as set out in Schedule 1 and shall be accompanied by a non-refundable application fee of P200.
(2) A licensee or a holder of a business registration certificate shall transfer a licence or a business registration certificate referred to in regulations 24 and 36, to a citizen or to a company wholly owned by a citizen.
(3) A licensee or a holder of a business registration certificate whose application under subregulation (1) has been approved by the Director shall pay a transfer fee of P500.
42. Application for duplicate licence or business registration certificate
(1) An application for a duplicate licence or a business registration certificate under section 19 of the Act shall be in Form 8 as set out in Schedule 1 and shall be accompanied by a non-refundable application fee of P200.
(2) A licensee or a holder of a business registration certificate whose application under subregulation (1) has been approved by the Director shall pay a duplicate copy fee of P500.
Any person who contravenes the provisions of these Regulations commits an offence and is liable to a fine not exceeding P5 000, or to imprisonment for a term not exceeding six months, or to both.
The licences issued by a licensing committee before the coming into force of these Regulations shall remain valid until such a date that their annual licence fees are due.
45. Revocation of S.I. No. 69 of 2011
The Trade Regulations are hereby revoked.
FORM 1
LICENCE APPLICATION FORM
TRADE ACT
(reg. 36(1))
|
A. PROPOSED BUSINESS |
|
Type of business licence ……………………………………………………………………………………………. |
|
Location of proposed business …………………………………………………………………………………… |
|
B. PARTICULARS OF APPLICANT |
|
1. For business names |
|
a. Name and Address Business Name |
|
…………………………………………………. ……………………………………………………….. |
|
………………………………………………… ……………………………………………………….. |
|
b. Unique Identification Number (UIN) ……………………………………………………………….. |
|
c. Contact Number …………………………………….. Email …………………………………………. |
|
2. For companies |
|
a. Registered name of Company ……………………………………………………………………….. |
|
b. Trading name of Company If different from (a) ………………………………………………….. |
|
c. UIN: ………………………………………………………. |
|
d. Contact Number …………………… Email ……………………………………. |
|
e. Percentage share of citizen equity holding ………………………………………………………. |
|
f. Particulars of all shareholders: |
|
Name |
Nationality |
Address |
% Share in equity holding |
|
……………………………….. |
………………………. |
…………………….. |
……………………………….. |
|
……………………………….. |
………………………. |
…………………….. |
……………………………….. |
|
……………………………….. |
………………………. |
…………………….. |
……………………………….. |
|
……………………………….. |
………………………. |
…………………….. |
……………………………….. |
|
3. Level of investment (Capital to be invested In the business) |
|
|
(a) Capital investment |
P………………………. |
|
(b) Assets |
P………………………. |
|
4. Anticipated number of employees ……………………………………………… |
|
C. PARTICULARS OF LAND PREMISES |
|
1. Plot No. or Land Board Certificate No. ……………………………………………………………………… |
|
2. Is the plot zoned commercial or industrial ………………………………………………………………… |
|
3. If the premises are leased, state the name of the owner …………………………………………….. |
|
………………………………………………………………………………………………………………………………….. |
|
4. Size of premises (square metres of floor space) …………………………………………………….. |
|
5. Have your premises been inspected and certified suitable by the Environmental Health Unit of the Council: |
|
Yes ………………. No. …………………….. |
|
D. GENERAL INFORMATION |
|
1. Have you ever been convicted in the last 2 years, of any offence involving dishonesty? |
|
……………………………………………………………………………………………………………………………….. |
|
2. If so, give particulars of each conviction |
|
……………………………………………………………………………………………………………………………….. |
|
……………………………………………………………………………………………………………………………….. |
|
I certify that the information supplied in my application is true to the best of my knowledge and belief. |
|
Names ………………………………………………………………….. |
|
Date ……………………………….. Applicant’s signature …………………………………. |
|
|
|
For Official Use Only |
|
Application received by ……………………………………….. |
|
Signature ……………………………………….. |
|
Date …………………………………………….. |
|
Decision by of the Licensing Officer |
|
…………………………………………………………………………………………………………………………………… |
|
…………………………………………………………………………………………………………………………………… |
|
…………………………………………………………………………………………………………………………………… |
|
Name of the issuing officer ……………………………………. |
|
Issuing officer’s signature ……………………………………… |
|
Date ………………………………………… |
|
Station ……………………………………… |
|
|
|
|
|
Stamp ……………………………………… |
|
The applicant must submit the following with the application form for a trading licence- |
|
1. Proof of company incorporation and the latest form of annual return (where applicable). |
|
2. Proof of availability of premises (written undertaking lease in lieu of agreement or title deed). |
|
3. Certified copy of passport for non-citizens and identity card for citizens. |
|
4. Non-refundable licence application fee of P 200. |
|
5. Satisfactory environmental health Inspection report for the premises. |
|
6. Satisfactory Zoning Report. |
|
7. Payment of appropriate licence fee upon approval. |
FORM 2
BUSINESS REGISTRATION APPLICATION FORM
TRADE ACT
(reg. 36(1))
|
A. PROPOSED BUSINESS |
|
Type of business registration certificate ……………………………………………………………………….. |
|
Location of proposed business ……………………………………………………………………………………. |
|
B. PARTICULARS OF APPLICANT |
|
1. For business names |
|
a. Name and Address Business Name |
|
……………………………………………………. ……………………………………………… |
|
……………………………………………………. ……………………………………………… |
|
b. Unique Identification Number (UIN) ………………………………………………………………….. |
|
c. Contact Number …………………………………………. Email ………………………………………. |
|
2. For companies |
|
a. Registered name of Company ………………………………………………………………………… |
|
b. Trading name of Company If different from (a) …………………………………………………. |
|
c. Unique Identification Number UIN ……………………………………………………………………. |
|
d. Contact Number ……………………. Email …………………………………… |
|
e. Percentage share of citizen equity holding ………………………………………………………. |
|
f. Particulars of all shareholders: |
|
Name |
Nationality |
Address |
% Share In equity holding |
|
……………………………….. |
……………………… |
……………………… |
……………………………….. |
|
……………………………….. |
……………………… |
……………………… |
……………………………….. |
|
……………………………….. |
……………………… |
……………………… |
……………………………….. |
|
……………………………….. |
……………………… |
……………………… |
……………………………….. |
|
5. Level of investment (Capital to be invested In the business) |
|
|
(a) Capital investment |
P……………………………………… |
|
(b) Assets |
P…………………………………….. |
|
6. Anticipated number of employees: ……………………………………………………………. |
|
C. PARTICULARS OF LAND PREMISES |
|
1. Plot No. or Land Board Certificate No. …………………………………………………………………….. |
|
2. Is the plot zoned commercial or industrial ……………………………………………………………….. |
|
3. If the premises are leased, state the name of the owner ……………………………………………. |
|
…………………………………………………………………………………………………………………………………. |
|
4. Size of premises (square metres of floor space) ……………………………………………………. |
|
D. GENERAL INFORMATION |
|
1. Have you ever been convicted in the last 2 years, of any offence involving dishonesty? |
|
…………………………………………………………………………………………………………………………………. |
|
2. If so, give particulars of each conviction |
|
…………………………………………………………………………………………………………………………………. |
|
…………………………………………………………………………………………………………………………………. |
|
I certify that the information supplied in my application is true to the best of my knowledge and belief. |
|
Names ……………………………………………….. |
|
Date ………………………………… Applicant’s signature ……………………………. |
|
|
|
For Official Use Only |
|
Application received by …………………………………………… |
|
Date ……………………………………. Signature ………………………………… |
|
Decision by Registration Officer ……………………………………………………………………………………… |
|
……………………………………………………………………………………………………………………………………… |
|
Name of the issuing officer ………………………………………. |
|
Issuing officer’s signature ………………………………………… |
|
Date ……………………………………….. |
|
Station …………………………………….. |
|
|
|
|
|
Stamp …………………………………….. |
|
The applicant must submit the following with the application form for a registration certificate? |
|
1. Proof of company incorporation and the latest form of annual return (where applicable). |
|
2. Proof of availability of premises (written undertaking lease in lieu of agreement or title deed). |
|
3. Certified copy of passport for non-citizens and identity card for citizens. |
|
4. Non-refundable registration certificate application fee of P200. |
|
5. Payment of appropriate business registration certificate fee upon approval. |
FORM 3
TRADE LICENCE
TRADE ACT
(reg. 37)
|
Licence No. …………………. issued on …………………………………….. under the provisions of the Trade Act and the Regulations made thereunder. |
|
To ……………………………………………………………. (business/company name) whereas the said licence holder is hereby licensed to carry on the business of ………………………………………. |
|
………………………………………………………………………………………………………………………………. |
|
and trade in the following goods and/or services: |
|
………………………………………………………………………………………………………………………………. |
|
………………………………………………………………………………………………………………………………. |
|
At ………………………………………………………………………………………………………………………….. |
|
|
|
This licence is valid for an indefinite period subject to the payment of annual licence fee and compliance with the conditions upon which it is issued. |
|
Name of the licensing officer ………………………………………….. |
|
Date ………………………………………. Licensing officer’s signature ……………………………. |
|
Station ……………………………………. |
|
Stamp …………………………………….. |
FORM 4
BUSINESS REGISTRATION CERTIFICATE
TRADE ACT
(reg. 37)
|
Certificate No. …………………. issued on …………………. under the provisions of the Trade Act and the Regulations made thereunder. |
|
To ………………………………………………………… (business/Company name) whereas the said business registration certificate holder Is registered to trade In the following goods and/or services: |
|
…………………………………………………………………………………………………………………… |
|
…………………………………………………………………………………………………………………… |
|
This business registration certificate is valid for an indefinite period subject to the payment of annual registration fee and compliance with the conditions upon which it is issued. |
|
|
|
Name of the registration officer ……………………………………………. |
|
Date …………………. Registration officer’s signature …………………………………….. |
|
Station ………………… |
|
Stamp …………………. |
FORM 5
TRADE LICENCE OR BUSINESS REGISTRATION CERTIFICATE ANNUAL FEES-
PAYMENT FORM
TRADE ACT
(reg. 38)
|
1. Business name or Company name …………………………………………………………………………….. |
|
2. Trading name ………………………………………………………………………………………………………….. |
|
3. Location of business ……………………………………………………………………………………………….. |
|
4. Postal address of business ……………………………………………………………………………………… |
|
5. Type of licence/business registration certificate ………………………………………………………… |
|
6. Last date of payment of annual licence or business registration fees …………………………… |
|
7. Details of directors and shareholders (For Companies): |
|
|
|
Name |
Nationality |
% Shareholding |
|
…………………………………….. |
…………………………….. |
………………………….. |
|
…………………………………….. |
…………………………….. |
………………………….. |
|
…………………………………….. |
…………………………….. |
………………………….. |
|
…………………………………….. |
…………………………….. |
………………………….. |
|
…………………………………….. |
…………………………….. |
………………………….. |
|
…………………………………….. |
…………………………….. |
………………………….. |
|
Documents to be submitted with this form: |
|
1. Latest Company Annual Returns forms (*only where applicable) |
|
2. Certified copy of omang/passports for directors and shareholders (*only if there have been changes to directorship or shareholding). |
|
3. Valid lease agreement (where applicable) |
|
For Official Use Only |
|
|
Date application received …………………. |
Due date ……………………………… |
|
Amount payable ……………………………. |
Receipt No. …………………………… |
|
Authorising Officer …………………………. |
Revenue Officer …………………….. |
|
|
|
|
Signature …………………………………….. |
|
FORM 6
NOTICE OF INTENTION TO TRANSFER TRADE LICENCE OR BUSINESS REGISTRATION CERTIFICATE
TRADE ACT
(reg. 40)
|
PART A (Transfer between businesses) |
|
l/We ……………………………………………………………….. have disposed of my/our entire interest in carrying on the business of …………………………………………………………………………………… to ………………………………………………………… who will continue to trade at the same premises and under the same type of business of a ……………………………………………………………………. |
|
PART B (Change of location) |
|
l/We …………………………………………………………………….. intend to transfer my/our business of ……………………………………………………………… from …………………………………………………. to ……………………………………………………………. and will continue to trade under the same name of ……………………………………………………………………….. and under the same type of business. |
|
NOTE: Fill the part that is applicable to you |
FORM 7
APPLICATION FOR TRANSFER OF TRADE LICENCE OR BUSINESS REGISTRATION CERTIFICATE
TRADE ACT
(reg. 41(1))
|
Part A: (Transfer between businesses) |
|
1. Particulars of Transferor |
|
a. Name of business ……………………………………………………………………………. |
|
b. Citizen-owned |
|
c. Nationality of the owner(s) …………………………………………………………………. |
|
d. Physical address …………………………………………………………………………….. |
|
e. Postal address ……………………………………………………………………………….. |
|
f. Tel/cell …………………………………………………………………………………………. |
|
g. Email address ……………………………………………………………………………….. |
|
h. Type of licence/Business Registration Certificate …………………………………. |
|
i. Licence/Business Registration Certificate No. ……………………………………….. |
|
j. Presented by: (Full names) ……………………………………………………………….. |
|
k. Applicant’s signature ………………………………………………………………………. |
|
l. Date of application …………………………………………………………………………. |
|
2. Particulars of Transferee: |
|
a. Name of business ………………………………………………………………………….. |
|
b. Citizen-owned |
|
c. Nationality of the owner(s) ……………………………………………………………….. |
|
d. Physical address ………………………………………………………………………….. |
|
e. Postal address ………………………………………………………………………………. |
|
f. Tel/cell ………………………………………………………………………………………… |
|
g. Email ………………………………………………………………………………………….. |
|
h. Type of licence/Business Registration Certificate ………………………………… |
|
i. Licence/Business Registration Certificate No. ……………………………………….. |
|
j. Presented by: (Full names) ………………………………………………………………. |
|
k. Applicant’s signature ……………………………………………………………………… |
|
l. Date of application ………………………………………………………………………… |
|
Part B (Transfer from one premises to another) |
|
1. Particulars of Applicant: |
|
a. Name of business …………………………………………………………………………. |
|
b. Physical address …………………………………………………………………………… |
|
c. Postal address ……………………………………………………………………………… |
|
d. Tel/cell ………………………………………………………………………………………… |
|
e. Email ………………………………………………………………………………………….. |
|
f. Type of licence/Business Registration Certificate ………………………………… |
|
g. Licence/Business Registration Certificate No. ………………………………………. |
|
h. Presented by: (Full names) ………………………………………………………………. |
|
i. Applicant’s signature ……………………………………………………………………… |
|
j. Date of application ………………………………………………………………………… |
|
Transferor should submit the following documents: |
|
1. Notice of intention to transfer trade licence/business registration certificate |
|
2. Certified copy of omang/passports for directors and shareholders |
|
3. Satisfactory health inspection report |
|
4. Lease agreement |
|
5. P200 application fee |
|
6. Transfer fee of P500 upon approval |
|
|
| For Official Use Only
|
|
Date application received ……………………………… Authorising Officer ………………………….. |
|
Signature ………………………………………. |
|
Station …………………………………………. |
|
Stamp ………………………………………….. |
Non-citizen owned FORM 8
APPLICATION FOR DUPLICATE TRADE LICENCE/BUSINESS REGISTRATION
DUPLICATE CERTIFICATE
TRADE ACT
(reg. 42(1))
|
Name and address of licensee/holder of business registration certificate |
|
………………………………………………………………………………………………………………………… |
|
………………………………………………………………………………………………………………………… |
|
|
|
Date of issue ……………………………………………….. |
|
How was the licence/business registration certificate lost? |
|
………………………………………………………………………………………………………………………… |
|
………………………………………………………………………………………………………………………… |
|
Date of application ………………………………………………….. |
|
Signature of applicant ……………………………………………… |
|
To apply for a duplicate licence or business registration certificate, submit a copy of a police report. |
SCHEDULE 2
BUSINESS REGISTRATION CERTIFICATE FEES
|
Business Registration Certificate fees: |
||
|
NO. |
TYPE OF BUSINESS |
BUSINESS REGISTRATION CERTIFICATE FEE |
|
1. |
Agent |
P 1000 |
|
2. |
Amusement Arcade |
P 500 |
|
3. |
Auctioneer |
P 1200 |
|
4. |
Baby Shop |
P 1000 |
|
5. |
Bookshop |
P 750 |
|
6. |
Car Wash |
P 150 |
|
7. |
Cellphone Shop |
P 1000 |
|
8. |
Cleaning Services |
P 200 |
|
9. |
Commercial Hardware |
P 1000 |
|
10. |
Curio Shop |
P 500 |
|
11. |
Department Store |
P 2000 |
|
12. |
Distributor |
P 1500 |
|
13. |
Driller |
P 1000 |
|
14. |
Dry-clean |
P 1500 |
|
15. |
Dry-clean Depot |
P 500 |
|
16. |
Electronics or Electrical Shop |
P 1000 |
|
17. |
Florist or Plant Nursery |
P 250 |
|
18. |
Furniture Shop |
P 1500 |
|
19. |
General Clothing |
P 750 |
|
20. |
General Dealer |
P 250 |
|
21. |
General Hire Service |
P 500 |
|
22. |
Haberdashery |
P 750 |
|
23. |
Household Shop |
P 1500 |
|
24. |
Imported Pre-owned Motor Dealer |
P 1500 |
|
25. |
Industrial Hardware |
P1000 |
|
26. |
Internet Caf? or Copy Shop |
P 500 |
|
27. |
Jewellery Shop |
P 1000 |
|
28. |
Laundromat |
P 100 |
|
29. |
Plant Hire Service |
P 500 |
|
30. |
Specialised Motor Dealer |
P 1500 |
|
31. |
Sunglass Shop |
P 1000 |
|
32. |
Supermarket |
P 1500 |
|
33. |
Toy Shop |
P 1000 |
|
34. |
Wholesale |
P 1500 |
|
35. |
Workshop |
P 1500 |
|
Licence fees: |
||
|
NO. |
TYPE OF LICENCE |
LICENCE FEE |
|
1. |
Agricultural Shop |
P 1000 |
|
2. |
Cosmetics Shop |
P 1000 |
|
3. |
Fresh Produce |
P 250 |
|
4. |
Funeral Parlour |
P 1500 |
|
5. |
Gymnasium |
P 1000 |
|
6. |
Hair or Beauty Parlour |
P 750 |
|
7. |
Optician Shop |
P 1000 |
|
8. |
Pharmacy or Chemist |
P 750 |
|
9. |
Restaurant |
P 1000 |
|
10. |
Takeaway |
P 1000 |
TRADE (EXEMPTION) (NO. 70) REGULATIONS
(section 27 read with section 31(2))
(22nd November, 2019)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Exemption from regulation 30(j) of Cap. 43:02 (Sub. Leg.)
S.I. 151, 2019.
These Regulations may be cited as the Trade (Exemption) (No. 70) Regulations.
2. Exemption from regulation 30(j) of Cap. 43:02 (Sub. Leg.)
Frame Leisure Trading Botswana t/a The Cross Trainer operating at Rail Park in Gaborone is exempted from the provisions of regulation 30 (j) of the Trade Regulations, which reserves a general clothing licence for citizens of Botswana or companies wholly owned by citizens of Botswana.
TRADE (SIZE OF ENTERPRISES) ORDER
(section 17(4))
(29th October, 2024)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Size of enterprises
SCHEDULE
S.I. 145, 2024.
These Regulations may be cited as the Trade (Size of Enterprises) Order.
The sizes of medium or large enterprises in terms of annual turnover, shall be as set out in the Schedule.
SCHEDULE
SIZE OF ENTERPRISES
(paragraph 2)
|
Enterprise |
Annual Turnover |
|
Medium enterprise |
P1 500 001 to P5 000 000 |
|
Large enterprise |
Above P5 000 000 |