EMPLOYMENT OF NON-CITIZENS: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Non-Citizens (Declaration of) Regulations
Non-Citizens (Exemption) Order
NON-CITIZENS (DECLARATION OF) REGULATIONS
(section 22)
(22nd July, 1983)
ARRANGEMENT OF REGULATIONS
REGULATION
2. Declaration of non-citizens
3. Non-application of Regulations
Schedule
S.I. 80, 1983,
S.I. 150, 1984,
S.I. 97, 1985,
S.I. 114, 1987,
S.I. 128, 1987,
S.I. 67, 1990,
S.I. 9, 1993,
S.I. 103, 2008,
S.I. 8, 2009,
S.I. 70, 2009,
S.I. 76, 2009,
S.I. 32, 2012.
These Regulations may be cited as the Non-Citizens (Declaration of) Regulations.
2. Declaration of non-citizens
The persons listed in the Schedule hereto are hereby declared not to be non-citizens for the purposes of the Act.
3. Non-application of Regulations
These Regulations shall not apply to a spouse or a dependant of any person specified in the Schedule hereto except in respect of persons specified in item 1 of the Schedule, from countries where the Minister is satisfied that reciprocal provisions are made in respect of Botswana citizens.
SCHEDULE
1. Members of the Diplomatic Service who are recruited from their countries for service in a Botswana Mission.
2. Public Service employees.
3. Persons recruited abroad for service in the Public Service of Botswana.
4. Non-resident employees of the Botswana Railways.
5. Non-resident aircraft pilots of foreign airlines and air charters.
6. Non-resident airhostesses of foreign airlines.
7. Non-resident consultant and supervising engineers on works and projects in Botswana.
8. Persons recruited abroad for service under a voluntary service programme.
9. Persons recruited abroad for service in Botswana by the United Nations (U.N.) or its agencies.
10. Teachers employed by the Unified Teaching Service.
11. Persons recruited abroad for service in Botswana by:
(a) Canadian International Development Agency.
(b) United States Agency for International Development.
(c) Swedish International Development Agency.
(d) Norwegian Agency for International Development.
(e) Danish International Development Agency.
(f) Special Commonwealth African Assistance Programme.
(g) …
12. Persons recruited by Williams College under the economic consultancy project.
13. All non-resident directors of companies registered or incorporated in Botswana.
14. Persons recruited abroad for service in Botswana by the United Nations High Commission for Namibia.
15. Employees of the Unified Local Government Service.
16. Volunteer consultants of the British Executive Service Overseas.
17. Experts supplied under Federal Republic of Germany Technical Assistance Agreement.
18. All expatriate doctors and nurses employed by the following hospitals-
Bamalete Lutheran Hospital;
Bamangwato Concessions Ltd. Mine Hospital;
Deborah Retief Hospital;
Gaborone Private Hospital;
Jwaneng Mine Hospital;
Orapa Hospital;
Seventh Day Adventist Hospital, Kanye.
19. Management, professional employees and the technical staff of companies, organisations and institutes registered to operate in Botswana Innovation Hub (BIH).
20. Management, professional and technical employees of the Diamond Cutting and Polishing Companies, Diamond Trading Companies and Related Services registered with the Diamond Hub/Centre.
NON-CITIZENS (EXEMPTION) ORDER
(section 10(1))
(22nd July 1983)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
S.I. 81, 1983,
S.I. 14, 1987,
S.I. 113, 1987,
S.I. 129, 1987,
S.I. 81, 1989,
S.I. 111, 1990,
S.I. 9, 1991,
S.I. 134, 1991,
S.I. 69, 1994,
S.I. 31, 1995,
S.I. 28, 1997,
S.I. 88, 1997,
S.I. 96, 1997,
S.I. 67, 2000,
S.I. 2, 2002,
S.I. 5, 2002,
S.I. 17, 2002,
S.I. 55, 2002,
S.I. 64, 2002,
S.I. 4, 2003,
S.I. 5, 2003,
S.I. 65, 2003,
S.I. 12, 2004,
S.I. 19, 2004,
S.I. 83, 2004,
S.I. 1, 2005,
S.I. 14, 2005,
S.I. 5, 2006,
S.I. 41, 2006,
S.I. 42, 2006,
S.I. 53, 2006,
S.I. 31, 2007,
S.I. 41, 2007,
S.I. 6, 2008,
S.I. 15, 2008,
S.I. 73, 2008,
S.I. 38, 2009,
S.I. 61, 2009,
S.I. 69, 2009.
This Order may be cited as the Non-Citizens (Exemption) Order.
The persons or class of persons or organisations listed in the Schedule hereto are exempted from the provisions of section 4(1)(a) of the Act.
SCHEDULE
1. The Expatriate employees of the parastatal bodies listed in this paragraph for so long as they remain so employed:
(a) Air Botswana
(b) Bank of Botswana
(c) Botswana Agricultural Marketing Board
(d) Botswana Development Corporation
(e) Botswana Housing Corporation
(f) Botswana Livestock Development Corporation
(g) Botswana Meat Commission
(h) Botswana Postal Services
(i) Botswana Power Corporation
(j) Botswana Railways
(k) Botswana Telecommunications Corporation
(l) Botswana Vaccine Institute
(m) Botswana Water Utilities Corporation
(n) National Development Bank
2. Non-resident attorneys and advocates admitted to practise in Botswana by the High Court of Botswana.
3. Non-resident medical practitioners registered by the Ministry of Health.
4. United Nations Association.
5. University Overseas Population Internship Programme.
6. …
7. Employees of the Institute of Development Management of Botswana, Lesotho and Swaziland.
8. …
9. Volunteer consultants of the British Executive Service Overseas.
10. Experts supplied under Federal Republic of Germany Technical Assistance Agreement.
11. Employees of the Rural Industries Promotions (Botswana).
12. Investors who have been granted permanent residence status.
13. Employees of the Botswana Telecommunications Authority.
14. Expatriate employees of the Botswana Bureau of Standards.
15. Volunteers for the Botswana National Youth Council.
16. Expatriate employees of Debswana Mining Company, who hold:
(a) Paterson graded positions of D Upper or above, namely-
Grade D3
Group Management Accountant
Information Services Manager
Dental Officer
Chief Surveyor
Community Services Manager
Medical Officer
Plant Superintendent – Projects
Section Engineer
Section Mining Superintendent
Education Manager
Materials Manager
Training & Development Manager
Audit Services Manager
Investment Manager (DPF)
Strategic Plan Co-ordinator
Pension Fund Administrative Manager
Accountancy Training Centre Manager
Business Services Manager
Plant Manager
Senior Mine Geologist
Human Resources Services Manager
Industrial Relations & Communications Manager
Financial Accountant
Management Accountant
Purchasing and Procurement Manager
HR Services Manager
Grade D4
Senior Medical Officer
Divisional Engineer
Group Financial Accountant
Plant Manager
Divisional Geologist
Management Accountant
Security Manager
Group Management Accountant
Corporate Communications Manager
Group Environmental Co-ordinator
Projects Development Manager
HR Development Manager
Section Manager
Grade E1
Financial Manager
Engineering Manager/ Technical Services Manager
Group Secretary
Chief Medical Officer
Human Resources Manager
Group Security Manager
Treatment Manager
Chief Geologist
Manager – LM
Mining Manager
Mineral Reserve Manager
Projects Manager
Deputy Group HR Manager
Group Supply Chain Manager
Grade E2
Group Financial Manager
Assistant General Manager
Group Human Resources Manager
Group Mineral Resource Manager
Group Secretary
Projects Manager
Grade E3
Consulting Mechanical and Electrical Engineer
Consulting Metallurgist
General Manager
Grade F
Managing Director
Deputy Managing Director
(b) the following Paterson graded positions of D Lower or below, namely’
Grade C1
Nurse
Grade C2
Draughtsman
Artisan (All trades)
Health Officer
First Officer
Mechanician
Grade C3
Planning Officer
Chargehand (All trades)
Senior Surveyor
Instrument Technician
Laboratory Technologist
Design Draughtsman
Physiotherapist
Medical Technologist
Speech and Hearing Therapist
Theatre Nurse/ Sister
Teacher
Senior Teacher
Senior First Officer
Buyer
Grade C4
Mine Foreman
Engineering Planning Foreman
Section Surveyor
Senior Plant Metallurgist
Engineering Foreman (All trades)
Clerk of Works
Senior Physiotherapist
Senior Radiographer/ Ultra sonographer
Hearing Therapist
Senior Medical Technologist
Theatre Nurse/ Sister
Senior Training Officer (non technical)
Teacher
Senior Teacher
User Support Co-ordinator
Analyst Programmer
SHER Officer
Grade D1
General Engineering Supervisor (Projects, CARP, Base Workshop)
Mineral Processing Engineer
Systems Technician
Mine Geologist
Internal Auditor
Pharmacist
Chief Training Officer (non technical)
Chief Training Officer (technical)
Senior Training Officer (technical)
Systems Analyst/ Administrator
Network Administrator
Chief Pilot
Materials Controller
Grade D2
Mining engineer
Assistant Plant Superintendent
Systems Analyst/ Administrator
Systems Manager
Facilities Manager
Captain
Accountant (Production, Cost)
SHR Co-ordinator
Environmental Co-ordinator
Hospital Administrator
HR Superintendent
17. Employees of approved International Financial Services Centre companies, who hold the position of’
(a) Chief Executive Officer;
(b) Head of Treasury;
(c) Head of the Accounting Department;
(d) Head of the Risk Department; or
(e) such other position as the Chief Executive Officer of a company, after satisfying the IFSC Division of Botswana Development Corporation, considers appropriate, taking into account the experience or qualification requirements for the positions.
18. Expatriate Volunteers of Mokolodi Wildlife Foundation.
19. Technical and professional expatriate employees of Parc Botswana (Pty) Ltd who are to be attached to the Government of Botswana.
20. Technical and professional expatriate employees of Botswana Accountancy College.
21. Expatriate employees of the Public Procurement and Asset Disposal Board.
22. Expatriate employees of the Public Enterprise Evaluation and Privatisation Agency.
23. Investors approved by the Botswana Export Development and Investment Agency, or the Ministry of Trade and Industry.
24. Expatriate personnel employed by Africa Comprehensive HIV/AIDS Programme (ACHAP).
25. Expatriate personnel employed by the Botswana College of Distance and Open Learning (BOCODOL).
26. Expatriate personnel employed by the Botswana Training Authority (BOTA).
27. Expatriate part-time lecturers at the Botswana Centre for Accounting Studies
28. Expatriate staff at the Botswana National Productivity Centre for Accounting Studies
29. Expatriate staff and long- term consultants of the Botswana Institute for Development Policy Analysis.
30. Expatriate personnel employed by the Botswana Harvard Aids Institute
31. Expatriate Chinese and Cuban medical personnel employed by the Ministry of Health.
32. Expatriate employess of the Southern African Trade Union Co-ordination Council (SATUCC).
33. (a) Japan International Co-operation Agency (JICA);
(b) Japan Overseas Co-operation Volunteers (JOCV);
(c) The World Conservation Union (IUCN);
(d) Southern African Development Community (SADC) and
(e) African Management Services Company (AMSCO).
34. Expatriate employees of the Botswana Stock Exchange.
35. Persons employed by Botswana Unified Revenue Service.
36. Expatriate employees of the Construction Industry Trust Fund (CITF).
37. Expatriate employees of the Clinton Foundation HIV/Aids Initiative.
38. Expatriate employees of the Botswana-Baylor Children’s Clinical Centre.
39. Expatriate employees of the Permanent Okavango River Basin Water Commission.
40. Expatriate employees of companies recommended by Botswana Export Development and Investment Authority, holding the following positions-
(a) Chief Executive Officer;
(b) Production Manager;
(c) Technical Manager;
(d) Operations Manager;
(e) Sales and Marketing Manager;
(f) Financial Manager.
41. Expatriate employees of the Bokamoso Private Hospital holding the following positions-
(a) Medical Doctors and Specialists
(b) Nursing Staff
(c) Medical Laboratory Director, Technologist and Technicians
(d) Pharmacy Director, Pharmacist and Pharmacy Technicians
(e) Occupational Therapists
(f) Physiotherapists
(g) Radiographers
(h) Biomedical Engineers and Technicians
(i) Hospital Information Technology Director, Manager, Analysts and Programmers
(j) Dietary Manager and Dieticians
(k) Chief Executive Officer
(l) Chief Operations Officer
(m) Chief Finance Officer
(n) Facilities Manager
(o) Plant Operations Manager.