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Presented by: Khursheed Rossenkhan Attorney-General’s Chambers Botswana

DOING BUSINESS REFORMS: A BOTSWANA PERSPECTIVE ALRAESA CONFERENCE AND EXECUTIVE MEETING, 2017 (MAURITIUS). Presented by: Khursheed Rossenkhan Attorney-General’s Chambers Botswana. BOTSWANA. BRIEF FACTS. Democratic country in Southern Africa

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Presented by: Khursheed Rossenkhan Attorney-General’s Chambers Botswana

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  1. DOING BUSINESS REFORMS: A BOTSWANA PERSPECTIVEALRAESA CONFERENCE AND EXECUTIVE MEETING, 2017 (MAURITIUS) Presented by: Khursheed Rossenkhan Attorney-General’s Chambers Botswana

  2. BOTSWANA

  3. BRIEF FACTS • Democratic country in Southern Africa • Landlocked – Neighbours: South Africa, Namibia, Zimbabwe, Zambia • Population: Approximately 2 million • Total area: 6, 300 000 km2 (approx. size of France)

  4. BOTSWANA’S JOURNEY • Due to the discovery of vast mineral resources, heavily reliant on mineral revenue since independence (1966) • 2011 – Government started efforts towards improving the Doing Business environment • Objectives – • Promotion of investor-friendly climate • Standardisation of Government processes and procedures for ease of doing business • Promote efficiency and effectiveness of Government processes and procedures

  5. 2013 - With the assistance of key international partners, developed the Reforms Roadmap • 2015 – Roadmap approved by Cabinet and launched • Doing Business Reform Action Plan and Roadmap provides for both legal and administrative reforms

  6. Need to track reforms • Resulted in – • Formation of the National Doing Business Committee • HLCC • NSO

  7. Reforms identified • Administrative and legal • Legal (ongoing) –

  8. Reforms identified cont’d • Legal reforms completed/no instructions received

  9. CHALLENGES • Small and developing country • Slow pace of reforms • Ministries slow to generate instructions • Lack of expertise • Lack of resources • Ministries operating with Silo mentality • Legislative Drafting Division inundated with numerous instructions

  10. No RIA (Atool used to prepare, consult and assess the impacts of proposed regulation) • No GLP • No dedicated Law Reform Agency/Institution

  11. LAW REFORM BILL • 2006 : Cabinet approved drafting of a Law Reform Bill • Skepticism – • “Bigger fish to fry” • relevance and importance • Limited access to water, power, basic IT services – rural areas • plethora of statutory bodies being created

  12. IMPORTANCE • Result in an essential structure that will facilitate all Ministries in ensuring that legislation proposals are thoroughly researched in order to ensure their – • legality • implementability • effectiveness • comprehensiveness.

  13. Changes in policy with respect to Bill - • Int’l best practice – setting up an autonomous Law Reform Agency • Parastatal established to carry out law reform mandate • AGC to be authorised to perform law reform mandate • Law reform mandate to be given to Government Department • Law reform mandate to be a unit within a Ministry

  14. WAY FORWARD • Long journey ahead • Possible urgent interventions – • continuing to urge prioritization of Bill • Soliciting of comments from regional/international experts in the field • Benchmarking with other laws, including model laws, regionally and internationally

  15. USEFUL WEBSITES • SADC Doing Business Report and Rankings http://www.doingbusiness.org/reports/~/media/WBG/DoingBusiness/Documents/Profiles/Regional/DB2017/SADC.pdf • Regulatory Impact Assessment http://rulemaking.worldbank.org/ria-documents

  16. THANK YOU FOR YOUR ATTENTION

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