Interpretation
In this Act, unless the context otherwise requires
“alien” means any person who is not a Commonwealth citizen within the meaning of section 27 of the
Constitution;
“Chief Immigration Officer” means the person appointed as such in terms of section 3;
“Immigration Control Officer” means the person appointed as such in terms of section 3;
“immigration officer” means any person appointed as an immigration officer in terms of section 3, and
includes the Chief Immigration Officer;
“magistrate” means a magistrate Grade I and II;
“precincts of the airport” means that part of the airport at which customs and immigration formalities
are conducted;
“residence permit” means a permit to reside in Botswana issued under section 19;
“special residence permit” means a residence permit issued or renewed on the instructions of the
Minister given under section 19(7);
“travel document” means a passport or other document of identity which satisfies such conditions as
may be prescribed;
“Visitor” means any person in Botswana other than a person referred to in section 17;
“visitors’ work permit” means a permit to work in Botswana issued under section 4 of the
Employment of Visitors Act.
- Administration
(1)The Minister, by notice published in the Gazette, may appoint a Chief Immigration Officer, an
Immigration Control Officer and such immigration officers as he may deem necessary for the
purposes of this Act.
(2)In the exercise of their functions under this Act, immigration officers, and the Immigration Control
The officer shall act in accordance with such instructions as may be given by the Minister and, subject
thereto, immigration officers other than the Chief Immigration Officer shall act in accordance with
such instructions as may be given by the Chief Immigration Officer.
Part II IMMIGRATION GENERALLY - Examination of immigrants
(1)Any person entering Botswana, other than a person having the written authority of the Immigration
Control Officer or who is a member of a class of persons authorized by the Minister by notice
published in the Gazette to enter Botswana without complying with this subsection, shall, on arrival at
the border or, if traveling by air, on arrival at an airport within Botswana, present himself
immediately to the nearest immigration officer, or if it is impracticable so to present himself
immediately on arrival by reason of the distance of the nearest immigration officer from the border or
airport, as the case may be, that person shall immediately take all reasonable steps to present himself
to an immigration officer as soon as possible.
(2)An immigration officer may examine any such person for the purpose of ascertaining whether that
a person is or is not a prohibited immigrant or liable for removal under section 6 and it shall be the duty
of every such person to furnish to an immigration officer such information as that officer may require
for the purpose of his functions under this subsection.
(3)A person liable to be examined by an immigration officer under this section shall if directed to do
so by such officer in the course of his examination
(a)declare whether or not he is carrying or conveying a travel document or other documents of any
description specified by that officer, being a description appearing to that officer to be relevant for the
purposes of the examination;
(b)produce to the officer any travel document or other document of any such description which he is
carrying or conveying;
(c)submit to an examination by a medical practitioner named by the officer for the purpose of
ascertaining whether he is infected or afflicted with or suffering from any disease or physical infirmity
which would render him a prohibited immigrant under this Act; and the power to examine any such
a person shall include power
(i)to take his photograph, fingerprints, or palmprints; and
(ii)to search him and any baggage belonging to him or under his control with a view to ascertaining
whether he is carrying or conveying any documents of such description aforesaid:
Provided that no woman or girl shall be so searched except by a woman; and if there is no woman
available for such search who is an immigration officer, the search may be carried out by a woman
named for such purpose by an immigration officer.
(4)A person liable to be examined by an immigration officer under this section may be required by an
the immigration officer at the conclusion of the examination to submit to a further examination at
such place and within such period as the immigration officer imposing the requirement may specify
by notice in writing given to such a person.
(5)Where any notice in writing is to be given under subsection (4) to any person who is a member of a
party in charge of a person appearing to an immigration officer to be a responsible person, such notice
shall be deemed to be duly given if delivered to the person in charge of the party.
(6)Any person found in Botswana by an immigration officer, police officer, or traditional authority
who is suspected of being a prohibited immigrant or of having entered Botswana in contravention of
this section may be required by any such person to appear before an immigration officer and submit
to such an examination as is described in subsections (2) and (3).
(7)If any person acts in contravention of, or fails to comply with this section, or with, any direction
given or requirement imposed thereunder, he shall be guilty of an offence and liable to the penalties
imposed in section 29 (1).
- Examination of persons leaving Botswana
(1)Every person departing from Botswana unless he is a person in direct transit through Botswana by
air and does not leave the precincts of the airport shall present himself to an immigration officer.
(2)The immigration officer may require such a person
(a)to produce his travel document and any permit issued to him in terms of this Act and to surrender
any such permit which has ceased to be valid;
(b)to make and sign such declaration as may be prescribed;
(c)to answer, in writing or otherwise, such questions relating to his identity or departure as may be put
to him by the immigration officer.
(3)Any person who acts in contravention of, or fails to comply with this section, or with any
requirement made of him by an immigration officer under subsection (2), shall be guilty of an offence
and liable to the penalties imposed in section 29 (3). - Travel document to be produced
(1)Subject to subsection (2), any person who on examination under section 4 fails on demand by an
immigration officer to produce a valid travel document shall be removed from Botswana by an
immigration officer or by a police officer acting under the authority of an immigration officer unless
(a)he satisfies an immigration officer that he is a citizen of Botswana;
(b)he produces a valid residence permit and satisfies an immigration officer that he is the person to
whom the same has been issued; or
(c)the Minister otherwise directs.
(2)Nothing in this section shall apply to
(a)a wife accompanying her husband if her name and description are endorsed on a valid travel
document carried by her husband;
(b)a person who appears to an immigration officer to be under the age of 16 years accompanying his
father or mother if his name is endorsed on a valid travel document carried by such father or mother;
or
(c)any person who satisfies an immigration officer that he is a member of any class of persons
exempted by the Minister by notice published in the Gazette from carrying a travel document when
entering Botswana.
- Prohibited immigrants
Subject to this Act, the following persons shall be prohibited immigrants and their entry into or
presence within Botswana is unlawful
(a)any person who, if he entered or remained in Botswana, would be likely to become a public charge
by reason of infirmity of mind or body, or because he is not in possession for his own use of sufficient
means to support himself and such of his dependants as he proposes to bring with him into Botswana;
(b)any idiot or epileptic, or any person who is insane or mentally deficient, or any person who is deaf
and dumb, or deaf and blind, or otherwise physically afflicted, unless in any such case he or a person
accompanying him or some other person gives security to the satisfaction of the Minister for his
permanent support in Botswana, or for his removal therefrom whenever required by the Minister;
(c)any person who is infected or afflicted with or suffering from a prescribed disease unless he has the
written authority of an immigration officer to enter and remain in Botswana, issued upon prescribed
conditions and he complies with such conditions;
(d)any prostitute, or any person, male or female, who lives or has lived on or knowingly received or
has received any part of the earnings of prostitution, or has procured women or girls for immoral
purposes;
(e)any person who, not having received a free pardon, has been sentenced to imprisonment without
the option of a fine in Botswana, or has been sentenced to imprisonment without the option of a fine
in any other country for an offence which, if committed in Botswana, would be punishable with
imprisonment without the option of a fine;
(f)any person who, in consequence of information received from any source deemed by the President
to be reliable is declared by the President to be an undesirable inhabitant of or visitor to Botswana;
(g)the wife and the children under the age of 18 years and any other dependants of a prohibited
immigrant;
(h)any person named in a notice made under section 24 (1), or of a class or description specified in
such notice. - Exclusion of prohibited immigrants
No prohibited immigrant shall enter or remain in Botswana and, subject to this Act, any immigration
the officer shall cause any prohibited immigrant entering or found within Botswana to be removed
therefrom.
10. Detention of suspected prohibited immigrants
(1)Any person suspected of being
(a)a prohibited immigrant; or
(b)a person liable to be declared to be an undesirable inhabitant of or visitor to Botswana under
section 7(f)
may be detained by an immigration officer for a such reasonable period, not exceeding 14 days, as may
be required for the purpose of making inquiries as to such a person’s identity and antecedents.
(2)An immigration officer who detains any person under subsection (1) shall, as soon as practicable,
and in any event within a period of 7 days, report such detention to the Minister.
(3)Where any person suspected of being
(a)a prohibited immigrant by reason of section (e); or
(b)a person liable to be declared to be an undesirable inhabitant of or visitor to Botswana under
section 7 (f), has been detained under subsection (1), and the Minister considers that further time is
required for the completion of the inquiries referred to under that subsection,
the Minister may by order under his hand direct that the person shall be detained for a further period
or periods, not exceeding 14 days at a time.
(4)Such person may, during such period, be detained in the nearest convenient prison or gaol unless
with the consent of the Minister he or such sureties as may be approved by the Chief Immigration
The officer enters into a bond for an amount so approved and deposits such sum, if any, as may be fixed
by the Chief Immigration Officer to satisfy any judgment which may be given on the bond.
(5)The conditions of the bond shall be that such person shall appear within such period and before
such person as may be described in the bond and shall report himself to an immigration officer at such
times as may be fixed in the bond, and the bond may contain such other conditions as the Chief
Immigration Officer sees fit to impose.
(6)Upon breach of any condition of the bond any court of competent jurisdiction may, upon
application by the Chief Immigration Officer, give judgment against such person or his sureties in
accordance with the conditions of the bond and such a person may be arrested and detained in the
nearest convenient prison or gaol until such inquiries have been completed.
(7)Any person detained under this section and not serving a sentence of imprisonment shall be treated
as a person awaiting trial.
- Removal of prohibited immigrants
(1)Where a prohibited immigrant does not give notice of appeal under section 11, or where his appeal
is dismissed, or where no appeal lies by reason of section 11 (6), he shall be removed from Botswana
by an immigration officer or by a police officer acting under the authority of an immigration officer.
(2)Any prohibited immigrant who is serving a sentence of imprisonment for committing any offence
may, if the President so directs, be removed from Botswana by an immigration officer or by a police
an officer acting under the authority of an immigration officer and such sentence shall be deemed to have
expired with effect from such a person’s departure from Botswana. - Detention pending removal
(1)Any person who is liable to be removed from Botswana under this Act may be detained by an
immigration officer for such period as may be necessary for the completion of arrangements therefor.
(2)Such a person may during such period be detained in the nearest convenient prison.
(3)Any person so detained and not serving a sentence of imprisonment shall be treated as a person
awaiting trial.
Part III VISITORS AND RESIDENTS
- The right to remain in Botswana
(1)Subject to this Act, a visitor may remain in Botswana for not more than 7 days in aggregate in any
one calendar month or at any one time and shall not remain in Botswana thereafter unless
(a)he is authorized by an immigration officer in writing to do so;
(b)he is in possession of a visitor’s work permit; or
(c)he is entitled by virtue of subsection (2) to reside in Botswana.
(2)Subject to this Act, a person shall be entitled to reside in Botswana if, and shall not be entitled to
reside in Botswana unless
(a)he is a citizen of Botswana;
(b)he is in possession of a residence permit;
(c)he is a member of any class of persons exempted by the Minister by notice published in the Gazette
from obtaining a residence permit in order to reside in Botswana; or
(d)he is entitled to immunity from suit under the Diplomatic Immunities and Privileges Act.
(3)The Minister may at any time by notice in writing given to any particular visitor, or by order
published in the Gazette applying to visitors of any specified class, direct that that visitor, or every
the visitor of that class, as the case may be, shall while he remains in Botswana be subject to such
conditions (in this section referred to as “visit conditions”) as he may specify in the notice, and may in
like manner revoke or vary any visit conditions for the time being in force.
(4)Where any notice in writing is to be given under subsection (1) (b), or under subsection (3), to any
a visitor who is a member of a party in charge of a person appearing to the Immigration Control Officer
to be a responsible person, such notice shall be deemed to be duly given if delivered to the person in
charge of the party.
(5)Any visitor who remains in Botswana in contravention of subsection (1) without reasonable cause
shall be guilty of an offence and liable to a fine of P10 for every day during which the offence
continues. Whether or not he is prosecuted or liable to be prosecuted for an offence under this
subsection, any visitor who remains in Botswana in contravention of subsection (1) may be removed
therefrom by an immigration officer or by a police officer acting under the authority of an
immigration officer, and sections 13 (2) and 14 shall have effect in relation to the such visitor as they
have in relation to a prohibited immigrant.
(6)Any visitor who fails to comply with any visit conditions to which he is subject in terms of
subsection (3) shall be liable to the penalties prescribed in section 29 (2). - Residence permits
(1)Any person who wishes to obtain a residence permit may submit an application to the Board in the
prescribed form and in the prescribed manner.
(2)The Board shall consider every application submitted to it and may call for and obtain such
additional information relating to the applicant as it may seem necessary.
(3)The Board shall submit each application received by it to the Minister together with its
recommendation thereon.
(4)Subject to subsection (5), in making its recommendation the Board shall consider and state
whether in its opinion
(a)the applicant is of good character;
(b)
(i)in the case of an applicant who proposes to take up employment or engage for reward in any
business, profession, or other occupation in Botswana, he has the qualifications, education, training
and experience likely to render him efficient in that employment, business, profession, or occupation
and sufficient prospects of obtaining that employment or sufficient capital to engage in that business,
profession or occupation, as the case may be; or
(ii)in the case of any other applicant, he is in a position to support himself and any dependants in
Botswana otherwise than by taking up employment or engaging for reward in any business, profession
or other occupation; and
(c)that it is in the interests of Botswana that a residence permit be issued to the applicant.
(5)In the case of
(a)the wife, or child under the age of 18 years, of the holder of a residence permit; or
(b)the aged parent or grandparent of such a holder who is able and has undertaken to maintain him,
no consideration need be given and no opinion need be expressed by the Board in respect of the
matters set out in subsection (4) (b).
(6)A residence permit shall, subject to payment of the prescribed fee, be issued in the prescribed form
for such period, not exceeding 3 years, and subject to such conditions as the Minister may determine.
(7)The Minister may, at any time, by notice given in writing to any holder of a residence permit, or by
notice published in the Gazette applying to all such holders of any specified class vary the conditions
attached to any residence permit.
(8)A residence permit may from time to time be renewed if the holder thereof has not become a
citizen of Botswana and this section shall have effect in relation to any such renewal as it has in
relation to the issue of a permit.
(9)The decision of the Minister on the issue or renewal of a residence permit shall be final and shall
not be questioned in any court.
(10)Any person to whom a residence permit has been issued who contravenes any of the conditions
attached thereto shall be guilty of an offence and liable to the penalties prescribed in section 29 (2).
(11)If the Minister is satisfied that by reason of any special circumstances which apply in the case of
any person who has entered Botswana and who is not a prohibited immigrant it is desirable for a
a residence permit to be issued to such a person without an application therefore being considered by the
Board, he may, notwithstanding the preceding provisions of this section, and whether or not such
person has applied for a residence permit, issue a residence permit to that person.
- Cancellation of residence permits
(1)The Minister may cancel a residence permit in any of the following circumstances
(a)if the holder of the permit does not take up residence in Botswana within 6 months of the date of
issue of the permit;
(b)if the holder of the permit absents himself from Botswama for a longer continuous period than 6
months;
(c)if the holder of the permit, or his agent, is convicted of any offence under section 27 in connexion
with the application for the issue or renewal of that permit;
(d)if the holder of the permit is convicted of an offense under section 19 (10):
(e)if the holder of the permit having attained the age of 18 years is convicted of any other offence
punishable with imprisonment and the court by which he is convicted, or any court to which his case
is brought by way of appeal against conviction or sentence, recommends that the permit be cancelled;
or
(f)if the President is satisfied that the object for which the permit was issued or renewed has been
completed or no longer exists, or that it is no longer in the interest of Botswana that the holder should
have such a permit.
(2)Where a person convicted of an offense by any court is committed for sentence by any other court,
the power to make a recommendation under subsection (1) (e) shall be exercisable by the court to
which he is committed to and not by the court by which he is convicted.
(3)For the purpose of any law relating to appeals in criminal cases, a recommendation under
subsection (1) (e) shall be treated as an order made on conviction; and the validity of such a
the recommendation shall not be called into question except on an appeal against the recommendation or
against the conviction upon which it is made.
(4)If a residence permit is canceled under subsection (1) the Minister shall cause written notice of the
cancellation to be served on the holder of the permit and in the notice shall state the reason for the
cancellation and the period that is to elapse after such service before the cancellation takes effect and
shall require him if he is still within Botswana to leave Botswana forthwith on the cancellation taking
effect: Provided that if it is not practicable to serve such written notice on the holder of the permit by
reason of the absence of such holder from Botswana or because the holder cannot be found, the notice
shall be deemed to be duly served if published in such manner as the Minister may direct.
(5)If any person who is required to leave Botswana under subsection (4) fails to do so without
reasonable excuse, proof of which shall lie upon him, he shall be removed therefrom by an
immigration officer or by a police officer acting under the authority of an immigration officer, and
sections 13 (2) and 14 shall have effect in relation to such person as they have in relation to a
prohibited immigrant.
(6)Where a holder of a residence permit is removed from Botswana as a prohibited immigrant, his
the permit shall be deemed to be canceled with effect from his departure from Botswana.
Part IV ADDITIONAL PROVISIONS IN RESPECT OF ALIENS
- Special restrictions on aliens
The President may
(a)by order served on an alien; or
(b)by order published in the Gazette directed to aliens of a specified class
impose in respect of that alien or aliens of a specified class, as the case may be, such special
restrictions as to residence, reporting to the police, occupation, or employment as he may consider
necessary in the public interest. - Deportation of aliens
(1)Subject to subsection (6), the President may make an order requiring an alien to leave Botswana (in
this section is referred to as a “deportation order”) in either of the following circumstances
(a)if that alien is convicted of any offense punishable with imprisonment and the court before which
he is convicted, or any court to which his case is brought, by way of appeal against conviction or
sentence recommends that a deportation order be made in respect to that alien; or
(b)if the President deems it to be conducive to the public good to make a deportation order in respect
of that alien.
(2)Where a person convicted of an offense by any court is committed for sentence to any other court,
the power to make a recommendation under subsection (1) (a) shall be exercisable by the court to
which he is committed to and not by the court by which he is convicted.
(3)For the purpose of any law relating to appeals in criminal cases, a recommendation under
subsection (1) (a) shall be treated as an order made on conviction and the validity of such a
the recommendation shall not be called into question except on an appeal against the recommendation or
against the conviction upon which it is made.
(4)A deportation order shall be made in writing under the hand of the President, and the President
shall cause the order to be served on the person to whom it relates and shall state in the order the
the period that is to elapse after such service before the order takes effect.
(5)If on the expiration of the period specified in a deportation order the alien in respect of whom the
order was made has not left Botswana he shall be removed from Botswana by an immigration officer
or by a police officer acting under the authority of an immigration officer and sections 13 (2) and 14
shall have effect in relation to such alien as they have in relation to a prohibited immigrant.
(6)Nothing in this section shall apply to any person entitled to immunity from suit under the
Diplomatic Immunities and Privileges Act.
Part V SUPPLEMENTARY - Transitional
The provisions of the Schedule shall have effect for the purposes of transition to the provisions of this
Act from the provisions of the Immigration Law, 1963, repealed by this Act.
SCHEDULE TRANSITIONAL PROVISIONS
- Application of Act to persons who entered Bechuanaland
This Act shall have effect in relation to any person who entered the former protectorate of
Bechuanaland as if he had then entered Botswana. - Prohibited immigrants
This Act shall have effect in relation to any person who was a prohibited immigrant by virtue of any
other provisions of the law repealed by this Act or of any law repealed by such law as if he was a
prohibited immigrant by virtue of the corresponding provisions of this Act. - Residence permits
Every permit issued under section 21 of the law repealed by this Act or having effect as a residence
permit issued under that law shall have effect as a residence permit issued under this Act. - Schedule in addition to section 16 of Interpretation and General Provisions Act
The provisions of this Schedule shall be in addition to and not in derogation from the provisions of
section 16 of the Interpretation and General Provisions Act.