MOTOR VEHICLE ACCIDENT FUND: SUBSIDIARY LEGISLATION
(previously “MOTOR VEHICLE INSURANCE” and “MOTOR VEHICLE INSURANCE FUND”)
INDEX TO SUBSIDIARY LEGISLATION
Motor Vehicle Accident Fund Regulations
Motor Vehicle Accident Fund (Benefits for Loss of Support) Order
Motor Vehicle Accident Fund (Levy Exemption) (Debswana) Regulations
MOTOR VEHICLE ACCIDENT FUND REGULATIONS
(section 32)
(11th July, 2008)
ARRANGEMENT OF REGULATIONS
REGULATION
PART I
Preliminary
1. Citation
2. Interpretation
PART II
Petroleum Levy
3. Rate of levy
4. Exemption from levy
5. Refund of levy
6. Audit of seller’s books
PART III
Requirements for Foreign Registered Vehicles
7. Foreign registered vehicle levy
8. Recovery of compensation from driver of foreign registered vehicle
PART IV
Determining Liability and Compensation
9. Claim for compensation and incidental expenses
10. Determination of liability
11. Benefits for loss of income
12. …
13. Benefits for enhancement of quality of life
14. Payment of incidental expenses
15. Maximum total benefits
16. Tariff for medical expenses
17. Benefits for funeral expenses
18. Minimum amount claimable for reimbursement
PART V
Miscellaneous
19. Order of precedence of benefits
20. Requirement for power of attorney
21. Subrogation
Schedule
S.I. 56, 2000,
S.I. 34, 2006,
S.I. 59, 2008,
S.I. 146, 2014,
S.I. 144, 2022.
PART I
Preliminary (regs 1-2)
These Regulations may be cited as the Motor Vehicle Accident Fund Regulations.
In these Regulations, unless the context otherwise requires—
“bus” means a motor vehicle with a seating capacity of more than 18 persons, and includes vehicles used for the conveyance of persons in the tourist industry;
“Debswana” means the Debswana Diamond Company (Proprietary) Limited under the Companies Act (Cap. 42:01);
“drug” has the same meaning as in section 2 of the Drugs and Related Substances Act (Cap. 63:04);
“financial statements” in the case of a self-employed individual includes income tax returns duly submitted and receipted under the Botswana Unified Revenue Service Act (Cap. 53:03);
“Medical Aid Schemes” means medical aid schemes set up by medical aid societies to provide medical insurance cover;
“medical records” means a claimant’s medical records pertaining to injuries or the consequences thereof sustained as a result of a motor vehicle accident;
“mini bus” means a motor vehicle used for the purpose of conveying passengers, and with a seating capacity of not more than 18 persons, and includes vehicles used for the conveyance of passengers in the tourist industry;
“Private Practitioners Groups” means health practitioners in private practice.
PART II
Petroleum Levy (regs 3-6)
(1) For the purposes of section 17(2) of the Act, a levy of 5 thebe per litre shall be retained by—
(a) a seller, on every litre of petroleum sold; and
(b) an importer, of petroleum on every litre of petroleum imported.
(2) A levy shall not be retained with respect to the resale of any petroleum for which a levy was retained under subregulation (1).
(1) Subject to subregulation (2), a petroleum levy shall not be payable in respect of petroleum utilised for the purpose of—
(a) a grinding mill;
(b) driving railway rolling stock;
(c) operating stationary or fixed equipment; or
(d) diamond mining operations conducted by Debswana (Pty) Ltd.
(2) In this regulation, “railway rolling stock” means a vehicle designed for travel on rails, and “stationary or fixed equipment” includes an electricity generator or water pump that uses petroleum in order for it to operate.
(1) If a seller or importer proves to the satisfaction of the Fund that petroleum was utilised for the purposes set out under regulation 4(1) and the levy paid therefore, the Fund shall, upon an application being made to it, repay the levy.
(2) An application made under subregulation (1) for a refund of the petroleum levy shall be made to the Fund—
(a) in Form A set out in the Schedule;
(b) accompanied by such evidence or proof that—
(i) the petroleum was utilised for the purposes stated under regulation 4(1), and
(ii) the levy was paid to the Fund; and
(c) within three months of the utilisation of the petroleum.
(3) If any of the requirements under subregulation (2) are not met, the right to claim under subregulation (1) shall lapse and any levy paid shall not be refunded.
(4) Any person aggrieved by the refusal of the Fund to refund a levy may, within 30 days after receiving notification of the decision, submit a written appeal to the Board setting out in detail the reasons why such refusal should be set aside and the specific relief claimed.
(5) The Board shall, within three months of receipt of an appeal under subregulation (4), make a determination and may uphold or dismiss the appeal in such terms as it considers just and proper.
(1) The certificate referred to in section 17(4) of the Act shall contain the following information—
(a) the number of litres of petroleum sold or imported by a seller or importer, as the case may be, for the periods January to June and July to December per calendar year;
(b) the total amount payable as petroleum levy to the Fund by a seller or importer;
(c) the total amount, if any, in respect of which a seller or importer claims to be exempted from payment of the petroleum levy;
(d) the total amount paid to the Fund, in respect of the petroleum levy, for the immediate preceding six months; and
(e) the total amount, if any, which remains unpaid to the Fund in respect of the petroleum levy for the periods of January to June and July to December per calendar year.
PART III
Requirements for Foreign Registered Vehicles (regs 7-8)
7. Foreign registered vehicle levy
(1) A person who drives a foreign registered vehicle shall, upon entry into Botswana, pay a levy on foreign registered vehicle in the sum of—
(a) P150 for any vehicle, except a bus or mini-bus;
(b) P300 for a mini-bus;
(c) P400 for a bus; or
(d) P400 for a commercial vehicle defined under the Road Traffic Act.
(2) The levy on foreign registered vehicle payable in terms of subregulation (1) shall be paid to the Botswana Unified Revenue Services which shall, in turn, pay the total of the levy on foreign registered vehicle received by it to the Fund by the 25th day of the month following receipt of payment.
(3) A levy charged on foreign registered motor vehicles paid under subregulation (1) shall be valid for a period of 90 days from the date of payment.
(4) A driver of a foreign registered motor vehicle who fails to pay a levy on foreign registered vehicle 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.
8. Recovery of compensation from driver of foreign registered vehicle
Where a driver of a foreign registered vehicle fails to pay for and obtain a third party insurance cover in terms of regulation 7 and such driver negligently causes a motor vehicle accident giving rise to a claim, the Fund shall have the right to recover from such driver an appropriate sum as compensation for the loss or damage resulting from the accident.
PART VI
Determining Liability and Compensation (regs 9-18)
9. Claim for compensation and incidental expenses
(1) A claim for compensation against the Fund shall be made in Form B as set out in the Schedule.
(2) A claim for payment of incidental expenses shall be made in Form C as set out in the Schedule.
10. Determination of liability
(1) At any time after receiving a claim for compensation, the Fund shall satisfy itself of the extent of its liability.
(2) Where the Fund is liable, it shall determine the compensation or benefits due to the claimant.
(3) The value of the compensation or benefits under subregulation (2) shall be limited to the sum applicable to each type of compensation as provided for under this Part.
(4) The Fund may require a medical examination to be conducted on a claimant, at the expense of the Fund, by a medical practitioner appointed by the Fund for that purpose.
11. Benefits for loss of income
(1) The Fund may require a claimant to whom instalment payments are made in terms of section 20(2)(a) of the Act, to submit to the Fund financial statements for the duration of the instalment payments.
(2) If, at any time during the payment of instalments under section 20(2)(a) of the Act, the claimant’s current income equates to or exceeds that which was claimed for loss of income, duly adjusted for inflation, the Fund may cease or reduce further payments to the claimant if it has been medically proved that the claimant is fit to be gainfully employed.
(3) For purposes of computing loss of income for a claimant under section 20(2)(a) of the Act, the age of retirement for the claimant shall, whichever occurs first—
(a) be as specified in the claimant’s current employment contract; or
(b) not exceed the age of 60 years.
(4) For purposes of section 20(2)(a), a maximum monthly income of P6,000 shall apply to computation of loss of income.
13. Benefits for enhancement of quality of life
(1) For the purposes of section 20(2)(d) of the Act, the benefits paid by the Fund for the enhancement of quality of life of a claimant shall be reviewed by the Fund from time to time and, if necessary, increased or reduced so as to accord with the needs of the claimant and the provisions of the Act.
(2) Prior to the Fund determining its liability under section 20(2)(d), the Fund shall obtain quotations for the items or services necessary to enhance the quality of the post-accident life of a claimant, which assistance shall be as determined by a health practitioner under section 20(2)(d) of the Act.
14. Payment of incidental expenses
For the purposes of section 20(2)(h) of the Act, the Fund shall pay benefits for incidental expenses that are considered to be reasonable in the circumstances of each particular case.
(1) For the purposes of section 22(1)(a) of the Act, the total benefits payable by the Fund, including, but not limited to, all medical expenses, loss of income, incidentals and funeral expenses payable under the Act shall not exceed P1,000,000 for an injured party:
Provided that a maximum monthly income of P6,000 shall apply to computation of loss of income.
(2) For the purposes of section 22(13) of the Act, medical attention and rehabilitative compensation for a negligent party shall not exceed P300 000.
16. Tariff for medical expenses
(1) For the purposes of section 22(9) of the Act, and pending the consultation referred to in section 32(c) and the publishing of a tariff thereafter, the tariff applicable shall be the tariff as agreed between the Private Practitioners Group and the Medical Aid Schemes operating in Botswana, from time to time, and the equivalent tariff in such other country at which the treatment or rehabilitation is received.
(2) The Fund shall not be liable to pay any amount in respect of medical expenses where any drug or treatment is experimental.
17. Benefits for funeral expenses
For the purposes of section 22(12) of the Act, the benefits payable by the Fund in respect of any funeral, including burial, shall not exceed the sum of P7,500.
18. Minimum amount claimable for reimbursement
The minimum amount claimable for either reimbursement for incidentals or reimbursement for medical expenses or both at any given time by a claimant or his or her family shall be P225.
PART V
Miscellaneous (regs 19-21)
19. Order of precedence of benefits
(1) The order of precedence for the discharge of benefits payable in the case of an injured party shall be as follows—
(a) medical and rehabilitative benefits;
(b) enhancement of quality of life benefits;
(c) incidental expenses; and
(d) loss of income.
(2) In the case of a claim pertaining to a deceased person, the order of precedence shall be as follows—
(a) funeral expenses; and
(b) loss of financial support.
20. Requirement for power of attorney
If a claimant is represented by an attorney or such other lawfully appointed representative, such attorney or representative shall prove his or her mandate to the Fund by submitting to the Fund an appropriate power of attorney or mandate together with the claimant’s Claim Form (Form B as set out in the Schedule).
(1) Where the Fund has paid any sum as compensation in terms of the Act, the person to whom such compensation has been paid shall, at the request of the Fund, render all necessary assistance to the Fund in relation to any legal proceedings instituted by the Fund against the person who caused the vehicle accident.
(2) The assistance which shall be rendered by the person referred to in subregulation (1) shall include, but shall not be limited to—
(a) the furnishing of all documents and evidence relating to the accident in the possession of such person;
(b) the giving of evidence in a court of law by such person and any other witnesses; and
(c) the rendering of any assistance which may reasonably be required by the Fund for the institution of legal proceedings.
(3) In the event that the Fund makes a written request for assistance from any person to whom compensation has been paid by the Fund, and the person fails, without reasonable cause, to render such assistance to the Fund, the person commits an offence and is liable to a fine not exceeding P500 or to imprisonment not exceeding 30 days, or to both.
SCHEDULE
FORM A
APPLICATION FOR LEVY REBATE
(reg. 5(2)(a))
FORM B
CLAIM FORM
(reg. 9(1))
CLAIM FOR COMPENSATION
SECTION 3 DETAILS OF CLAIM (for information only)
FORM C
INCIDENTAL EXPENSES
(reg. 9(2))
DETAILS OF PERSON CLAIMING REIMBURSEMENT
MOTOR VEHICLE ACCIDENT FUND (LEVY EXEMPTION)
(DEBSWANA) REGULATIONS
(section 11(2))
(2nd June, 2006)
ARRANGEMENT OF REGULATIONS
REGULATIONS
1. Citation
2. Exemption of Debswana from payment of levy
S.I. 35, 2006.
These Regulations may be cited as the Motor Vehicle Accident Fund (Levy Exemption)(Debswana) Regulations.
2. Exemption of Debswana from payment of levy
(1) Debswana Diamond Company (Pty) Ltd is hereby exempted from the payment of any levy due to the Motor Vehicle Accident Fund for all the petroleum products purchased for the purpose set out in subregulation (2) by the company before the coming into force of these Regulations.
(2) The petroleum products exempted from payment of the levy under subregulation (1) are those that were purchased for the purpose of diamond mining operations conducted on any road, place or area to which the general public has no normal or temporary right of access.
MOTOR VEHICLE ACCIDENT FUND (BENEFITS FOR LOSS OF SUPPORT) ORDER
(section 22(15))
(4th November, 2022)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Benefits for loss of support
S.I. 145, 2022.
This Order may be cited as the Motor Vehicle Accident Fund (Benefits for Loss of Support) Order.
2. Benefits for loss of support
(1) For the purposes of section 20(2)(c) of the Act, the total benefits payable to a dependant by the Fund in respect of loss of financial support shall not exceed the sum of P300,000.
(2) For purposes of computing loss of support for a claimant under section 20(2)(b) of the Act, the age of retirement for the deceased shall, whichever occurs first—
(a) be as specified in the deceased’s current employment contract; or
(b) not exceed the age of 60 years.
(3) For purposes of subregulation (1), a maximum monthly payment of P6,000 shall apply to computation of loss of support.
(4) If at any time during payment of instalments under section 20(2)(c) of the Act—
(a) the dependant’s current income equates to or exceeds that which was claimed for loss of support, duly adjusted for inflation; or
(b) the dependant has not attained the age of 18 years but is legally adopted,
the Fund may cease payment of loss of support or reduce further payments to the dependant.