NATIONAL REGISTRATION

CHAPTER 01:02
NATIONAL REGISTRATION

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Interpretation

    3.    Appointment of Registrar and district registrars

    4.    Functions of registrars

    5.    Unified Population Register

    5A.    Assignment of identity number

    6.    Registration requirements

    7.    Additional information

    8.    Forgery, false information and undue influence

    9.    Issue of identity card

    10.    Forms of identity cards

    11.    Preservation of identity cards

    12.    Duplicate of identity cards

    13.    Identity card prima facie proof of contents

    14.    Change in particulars relating to registered person

    15.    Immaterial change

    16.    Material change

    17.    Updating photograph

    17A.    Identity card of deceased persons

    18.    Miscellaneous offences

    19.    Offences

    20.    Processing of personal data

    21.    Evidence

    22.    Immunity

    23.    Regulations

        Schedule – [Repealed.]

Act 26, 1986,
Act 23, 1987,
Act 9, 1993,
Act 17, 1993,
S.I. 36, 1997,
S.I. 26, 2004,
Act 11, 2017,
S.I. 124, 2017,
Act 7, 2025,
S.I. 135, 2025.

An Act to provide for the registration of citizens of Botswana and to provide for matters incidental thereto.

[11 of 2017, s. 2.]

[Date of Commencement: 31st December, 1986]

1.    Short title

    This Act may be cited as the National Registration Act.

2.    Interpretation

    In this Act unless the context otherwise requires—

    “authorised person” means any person or class of persons prescribed by the Minister by regulations;

    “citizen” includes—

    (a)    a person who had acquired Botswana citizenship at the time of independence;

    (b)    a person born either in or outside of Botswana to a parent who was a citizen at the time of his or her birth;

    (c)    any person registered as an adopted child of a citizen;

    (d)    any foundling registered as a citizen on the basis of presumption of birth in Botswana; or

    (e)    any person born to a parent who was a citizen of Botswana who subsequently renounced their citizenship of Botswana before that person’s birth;

[7 of 2025, s. 2(a).]

    “district register” means the register maintained by each district registrar;

    “dual citizen” means a person who is a citizen of Botswana by birth or descent who has acquired the citizenship of another country;

[7 of 2025, s. 2(a).]

    “identity card” means an identity card issued in accordance with the provisions of this Act;

    “Minister” …;

[11 of 2017, s. 3.]

    “Register” means the Unified Population Register kept and maintained by the registrar in terms of section 4; and

[7 of 2025, s. 2(b).]

    “registrar” means the Registrar of National Registration appointed under section 3(1) or a district registrar appointed under section 3(2).

3.    Appointment of Registrar and district registrars

    (1) There shall be a Registrar of National Registration appointed by the Minister.

    (2) The Minister may appoint such district registrars as he deems necessary to assist the Registrar of National Registration in carrying out his duties under this Act.

    (3) The Registrar of National Registration may delegate any or all of his duties to be performed by a district registrar within the area of a particular district.

    (4) In addition to his powers under subsection (3), the registrar may, for areas where there is no district Registrar, or where the pressure of work so requires, delegate such of his powers as he may specify, to such public officers as are available and whom he considers suitable to exercise such powers.

[17 of 1993, s. 2.]

4.    Functions of registrars

    The registrar shall keep a Register to be known as the “Unified Population Register” of all citizens, dual citizens and non-citizen residents in Botswana, and district registers of all such citizens, dual citizens and non-citizen residents living within the districts concerned.

[7 of 2025, s. 3.]

5.    Unified Population Register

    The registrar shall keep or cause to be maintained the Register, in such manner and form as may be prescribed and shall contain such particulars and information, as may be prescribed.

[7 of 2025, s. 4.]

5A. Assignment of identity number

    (1) The registrar shall assign an identity number to a person whose particulars are included in the Register in terms of section 5.

[7 of 2025, s. 5.]

    (2) The identity number assigned in terms of subsection (1) shall be gender neutral and not have a gender marker.

[7 of 2025, s. 5.]

6.    Registration requirements

    (1) Subject to such regulations as may be made under this Act, a citizen or non-citizen resident of Botswana of or above the age of 16 years shall be qualified to be registered under this Act, and shall apply for registration to the Registrar or to the registrar of the area in which he ordinarily resides, within one month of his reaching the age of 16 years, or, if he becomes a citizen of Botswana after reaching the age of 16, within one month of so becoming a citizen.

[7 of 2025, s. 6(a).]

    (2) Every applicant for registration shall submit to having his fingerprints and his photograph taken by the Registrar or by a person acting under his authority.

[17 of 1993, s. 5.]

    (3) A photograph referred to under subsection (2) shall include a person’s tophead, forehead line, ears, eyes and neckline.

[11 of 2017, s. 4.]

    (4) …

[7 of 2025, s. 6(b).]

7.    Additional information

    (1) The registrar may require a person applying for registration under this Act to provide such documentary information, as may be prescribed.

[7 of 2025, s. 7.]

    (2) Every district registrar shall, where he is satisfied that the applicant qualifies for registration, forward the application, and the photograph and record of fingerprints relating to that application, to the Registrar of National Registration.

    (3) Any person who, for the purposes of this Act, is required by the Registrar to provide information relevant to an application for registration, being information that he can reasonably be expected to possess, and who, without reasonable cause, refuses or declines to provide such information, shall be guilty of an offence and liable to a fine of P500 and to imprisonment for six months.

[17 of 1993, s. 6.]

    (4) The registrar may refuse to register an applicant who fails to provide the necessary information.

[11 of 2017, s. 5.]

8.    Forgery, false information and undue influence

    Any person who—

    (a)    furnishes false information or makes any false statement in his application for registration or in any affidavit sworn under this Act; or

    (b)    forges any document for the purpose of obtaining registration under this Act; or

    (c)    in any way seeks to illegally influence the decision of the registrar; or

    (d)    being already registered, applies for registration; or

    (e)    being in possession of any identity card, applies for a new card falsely alleging that his identity card was lost or destroyed,

shall be guilty of an offence under this Act.

9.    Issue of identity card

    (1) Where the registrar is satisfied that an applicant qualifies for registration he shall issue an identity card to the applicant, on payment of the prescribed fee.

[7 of 2025, s. 8.]

    (2) An identity card shall be valid for a period of 10 years, and shall be renewable for further periods of 10 years each for so long as the holder of the card qualifies for registration under this Act.

[7 of 2025, s. 8.]

    (3) Notwithstanding the provisions of subsection (2), where an applicant is 65 years old and above, the identity card shall be issued for an indefinite period, unless the identity card is soiled or defaced.

[7 of 2025, s. 8.]

    (4) An identity card issued in terms of this Act shall be deemed to be the primary source of identification of a person:

    Provided that, where such identity card is defaced, lost, damaged or has expired, a valid passport issued in terms of the Immigration Act (Cap. 25:02) and a valid driver’s licence issued by the relevant authorities in Botswana, in terms of the Road Traffic Act (Cap. 69:01), shall be used as a form of identification, until such identity card has been replaced.

[7 of 2025, s. 8.]

    (5) Notwithstanding the provisions of the proviso to subsection (4), a person whose identity card has been lost, damaged or has expired, shall produce proof that he has applied for the replacement of his identity card, when using his passport or driver’s licence as proof of identity.

[7 of 2025, s. 8.]

10.    Forms of identity cards

    (1) Where a person has been registered in the Register in terms of section 4, the Registrar shall issue such person with an identity card, in such form and manner and within such period from the date of registration, as may be prescribed.

[7 of 2025, s. 9.]

    (2) The Minister may determine for different categories of persons, the size, description and particulars of any identity card issued in terms of section 9.

[7 of 2025, s. 9.]

11.    Preservation of identity cards

    (1) Every person issued with an identity card under this Act shall, to the best of his ability, ensure the safety and preservation of that card.

    (2) A person whose identity card is lost, damaged or destroyed, shall immediately inform the nearest district registration office.

[7 of 2025, s. 10.]

    (3) The registrar shall require the person whose identity card is lost or destroyed to execute an affidavit to the effect.

[17 of 1993, s. 8(b).]

    (4) The Minister may by regulations prescribe the form of affidavit to be executed under subsection (3).

12.    Duplicate of identity cards

    (1) Where a district registrar, who is informed of the loss, damage or destruction of an identity card, is satisfied as to the loss, damage or destruction of the identity card, he may recommend to the Registrar of National Registration that the owner of the identity card should be issued with a duplicate of the identity card on payment of the prescribed fee.

[9 of 1993, s. 2.]

    (2) When a duplicate of an identity card has been issued, the Registrar shall inform all the district registrars and such other authorities as the Minister may by regulations prescribe, of the issue of the duplicate identity card as soon as may be practicable.

[9 of 1993, s. 2.]

    (3) Where an identity card which has been lost is subsequently found, the owner shall return it to the Registrar of National Registration for cancellation and destruction.

[9 of 1993, s. 2, 11 of 2017, s. 7.]

    (4) Any person who fails to comply with the provisions of subsection (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding P250.

[9 of 1993, s. 2.]

13.    Identity card prima facie proof of contents

    The identity card shall be prima facie proof of the particulars stated therein.

14.    Change in particulars relating to registered person

    (1) Where the particulars relating to any person, and to which he has in his application, change after he has been issued with an identity card, such person shall, within 30 days of such change inform the registrar or the nearest district registrar of the changes.

[7 of 2025, s. 11.]

    (2) Where a person referred to under subsection (1) fails to inform the registrar of any changes in his particulars, such person commits an offence and is liable to a fine not exceeding P100.

[7 of 2025, s. 11.]

15.    Immaterial change

    Where a district registrar is informed of any change in the particulars relating to a registered person he may, if he is of the opinion that the changes do not materially affect his registration, note the changes in his register and cause the changes to be recorded in the national register by the Registrar of National Registration.

16.    Material change

    (1) Where the registrar is of the opinion that any change in the particulars relating to a registered person materially affects his registration, he shall record the change and notify the Registrar of National Registration of the circumstances and recommend that the person concerned should be issued with a new identity card.

    (2) The Registrar of National Registration shall, if he is satisfied that the change materially affects the person’s registration, cancel the identity card issued to that person and issue a new identity card to him.

    (3) The particulars relating to the new identity card and its holder shall be recorded in the national register and the register of the area in which that person is registered.

17.    Updating photograph

    (1) A registered person may, where he is satisfied that his personal appearance has changed so as to make it likely that his identity as certified by the identity card may be questioned, apply to the nearest district registration office, for the issue of a new card with a more recent photograph and shall, when issued with a new identity card by the district registrar of that district office, surrender his existing identity card to the district registrar to be cancelled and destroyed.

[7 of 2025, s. 12.]

    (2) The district registrar of the area in which an application is made in terms of subsection (1), shall cause the changes to be recorded in the relevant register.

[7 of 2025, s. 12.]

17A.    Identity card of deceased persons

    The identity card of a deceased person shall be surrendered to the nearest district registrar within 30 days after the occurrence of the death by any parent, guardian or next of kin of the deceased person.

[11 of 2017, s. 10.]

18.    Miscellaneous offences

    Any person who—

    (a)    …;

[11 of 2017, s. 11(a).]

    (b)    wilfully obstructs the registrar in the execution of his duties under this Act;

    (c)    wilfully destroys or mutilates or attempts to destroy or mutilate any identity card;

    (d)    unlawfully deprives or dispossesses any person of that person’s identity card;

    (e)    uses any identity card other than the card issued to him intending that some other person shall be led to believe that he is the person shown on the card he is using;

    (f)    is knowingly in possession of an identity card in which any unlawful entry, alteration or erasure has been made or of any document so closely resembling an identity card as to be calculated to deceive;

    (g)    is in possession of more than one identity card purporting to show his identity;

    (h)    permits any other person to use the identity card issued to him as an identity card issued to that other person;

    (i)    is in possession of another person’s identity card and keeps it as security for a debt or obligation,

[11 of 2017, s. 11(b).]

shall be guilty of an offence under this Act.

19.    Offences

    A person who commits an offence under sections 8 and 18 of this Act, is liable—

    (a)    where such offence is committed in terms of section 8(b) and (c), to a fine not exceeding P50 000 or to a term of imprisonment not exceeding three years, or to both; and

    (b)    where such offence is committed in terms of sections 8(d) and (e) and 18, to a fine not exceeding P5 000 or to a term of imprisonment not exceeding six months, or to both.

[7 of 2025, s. 13.]

20.    Processing of personal data

    (1) The registrar or an officer employed in the National Registration office shall, in processing personal data in the exercise of his powers under this Act, process such data in accordance with the provisions of the Data Protection Act (Cap. 43:14).

[7 of 2025, s. 14.]

    (2) For the purposes of this section, “personal data” has the same meaning assigned to it under the Data Protection Act (Cap. 43:14).

[7 of 2025, s. 14.]

21.    Evidence

    Any document purporting to be signed by the Registrar of National Registration or a district registrar or any officer authorised by him in writing, certifying a copy or extract of any record kept by the registrar under this Act shall, in any prosecution for an offence under this Act, be prima facie evidence of the facts stated therein, and, if stated to be signed by an officer authorised by the registrar, shall unless the contrary be proved, be deemed to be signed by the officer so authorised without production of proof of such authorisation.

22.    Immunity

    No claim shall lie against the Government, the Minister, any registrar or public officer for anything done in good faith and without negligence under the powers conferred upon them by this Act.

23.    Regulations

    The Minister may by regulations prescribe—

    (a)    the form of the application for registration;

    (b)    the additional particulars that may be required of an applicant for registration;

    (c)    the form of the identity card or cards that may be issued under this Act and the particulars each shall contain;

    (d)    the form of the affidavit to be executed by a person whose identity card has been lost, damaged or destroyed;

    (e)    the fees that may be levied under this Act;

    (f)    the authorities that shall be informed by the registrar of the loss of an identity card;

    (g)    the procedures to be followed in issuing identity cards;

    (h)    the procedure to be followed in correcting errors or issuing replacement identity cards;

    (i)    the persons who shall be authorised persons for the purposes of this Act; and

    (j)    all other matters necessary for the carrying out of the provisions of this Act.

SCHEDULE

[7 of 2025, s. 15.]

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