Tubego-Bulawayo Attorneys

10/05/2026

HAPPY MOTHER’S DAY..... EVERY DAY!

On this Mother’s Day, we honour the strength, leadership, and resilience of mothers across the world.

Beyond their emotional and social roles, mothers navigate a wide range of contractual (legal) relationships that shape their rights, responsibilities, and long-term security.

In Botswana, these relationships are shaped by the country’s statutory and common law framework, including the Children’s Act, Employment Act, Deeds Registry Act, Trust Property, Marriage Act, Matrimonial Causes, other statutory instruments and general contract law.

As a mother in Botswana, you will typically encounter eight major categories of contractual relationships across your lifetime arising from family law, employment, property, finance, health, education, and estate planning.

These relationships carry some inherent risks. Your daily decisions and actions (legal, financial, and personal) within these relationships shape the future of your children as well as your own long-term security.

Understanding the contractual relationships that affect your life, and managing the associated risks is an act of personal empowerment and protection.

Below is a short survey of the contractual relationships in a mother’s lifetime and a few tips on management of some of the legal risks associated with each. The emphasis is more on mothers in general (and less on wives). Arguably the legal protection of mothers who are also wives arises automatically from their marital status.

1. FAMILY & PARENTAL RESPONSIBILITY AGREEMENTS
These arise from parenthood, caregiving, and family formation, and include maintenance agreements, custody arrangements, parental plans, adoption, and customary family undertakings.
Always reduce maintenance arrangements to writing; keep proof of payments and communication; use parental plans to avoid disputes over access, holidays, and decision making; and document patterns of involvement or neglect.

2. MARRIAGE, COHABITATION & RELATIONSHIP CONTRACTS

These include civil marriages, customary marriages, ante nuptial contracts, cohabitation agreements, and divorce settlements.
Before entering or exiting these potentially life-long contracts, independently seek and obtain legal advice.

If unmarried but cohabiting, seek legal advice and consider signing a cohabitation agreement (if you are lucky, sign one with a clear exit clause).

Avoid contributing financially to property that is not registered in your name; keep receipts for household purchases; and understand that relationship status does not create automatic legal rights.

3. EMPLOYMENT & LABOUR CONTRACTS

In your working life, you might enter employment contracts (permanent, fixed‑term, or casual); enjoy maternity‑related contractual rights and protections; enter professional service contracts (if self‑employed or running a business); or be a member of a trade union or association.

Keep copies of employment contracts and HR policies; know your maternity leave rights; document workplace disputes; avoid resigning under pressure- seek legal advice; and if self-employed or into some association, always reduce business agreements to writing.

4. PROPERTY & HOUSING CONTRACTS

As a mother managing a household, you are likely to enter leases, mortgages, co ownership agreements, utility contracts, and construction agreements.

Ensure that leases are in your name or jointly signed. Do not build on land that you do not own or control; avoid verbal agreements with landlords or partners; and keep all utility accounts statements and receipts organised.

5. FINANCIAL & COMMERCIAL CONTRACTS

These include banking contracts; loan agreements; insurance contracts (life, funeral, medical aid, household and car insurance); mobile money agreements; and retail credit agreements with furniture stores and clothing accounts.

Never sign or stand surety for a partner that you are not legally tied to. Unless you are in a marriage, maintain separate bank accounts; build an emergency fund for you and your child(ren); and avoid taking loans for a household that is not quite yours.

6. HEALTH & MEDICAL CONTRACTS

These include medical aid membership, hospital admission agreements, consent to treatment and specialist health care contracts.

Ensure that you register yourself as the primary guardian for your children at clinics and schools; keep copies of medical records and medical aid cards; document any incidents of abuse or neglect; and have an emergency plan for your health and safety.

7. EDUCATION RELATED CONTRACTS

These include school enrolment contracts, transport agreements, extracurricular activity contracts, and boarding agreements.

Ensure that you are listed as the primary guardian for your children on school records; notify schools in writing about who is authorised to collect your child from school; keep fee statements and proof of payment; and avoid informal arrangements that can disrupt your child’s schooling.

8. ESTATE PLANNING & END OF LIFE INSTRUMENTS

As a mother, you might during your life have a will, trust deed, funeral policy, powers of attorney, and guardianship nomination for your children.

If have not already done so, draft a valid will naming a guardian for your minor children and a trustee for your estate. If you have property, savings or other investments, create a testamentary trust for the care of your minor children in case you pre-decease them.
Keep your funeral and insurance policies updated; store documents safely and ensure someone trustworthy knows where such documents are stored.

RISK MANAGEMENT FOR UNMARRIED MOTHERS

Unmarried mothers often face unique vulnerabilities because legal protections do not arise automatically from their relationships with the fathers of their children.

Protection can only come from documents, evidence, and enforceable agreements that they sign voluntarily (and optionally) with others.

KEY RISK MANAGEMENT PRINCIPLES

-If it is not written, it is not enforceable.
-Separate your finances from your partner’s.
-Never invest in property without documented rights.
-Control your child’s school and medical records.
-Plan for emergencies and long term guardianship of your children.
-Document everything-payments, communication, agreements, and incidents.

We celebrate you.

Take counsel. Obtain legal advice to map a safe, dignified, and empowered future where every day is Mother’s Day.

Happy Mother’s Day!

DISCLAIMER: This is not personalised legal advice. Book a consultation to receive customised legal advice.

06/05/2026

...

Recovery of Assets

05/05/2026

Those implicated must seek help...early help!

On 5 May 2026, the Government of the Republic of Botswana released the Summary Report on the National Forensic Audit Programme conducted by Alvarez & Marsal (A&M) dated 30 April 2026.

If by any chance you suspect or know that you may be implicated, this may help you to access justice in a way that could absolve you from wrong-doing or at least mitigate culpability. Of course if one knows that he/she received unlawfully, it will be prudent to approach the authorities with an offer to return the ill-gotten assets and consider bargaining or request amnesty while it's still early.

The aim of this note is to provide strategic guidance to individuals and entities who may be in the number identified for special investigation referral under the National Forensic Audit Programme.

The Report confirms that “The population referred for special investigation includes more than 80 current and former senior officeholders and more than 150 contractors, suppliers and counterparties.”

Given the scale and seriousness of the matters, proactive preparation is essential. The first thing to recognise is that the referral process is evidence based. The Report states that referrals are supported by: “a structured evidential base… intended to enable formal investigation, asset tracing, recovery assessment, and potential criminal, civil, disciplinary or regulatory action.”

This means that the authorities already possess transaction trails, documentation, procurement records, payment flows, governance minutes, correspondence and in some cases, witness statements. If you are approached or invited for a statement, you should assume that the investigators already have substantial material.

According to the report, the estimated exposure is significant. The programme identifies P160 billion in value at risk, and some P33 billion in preliminary estimated loss. The scale of the exposure will obviously drive significant public interest, media scrutiny, political pressure and institutional resolve to pursue accountability.

The next thing to do as a potentially implicated individual is to secure legal representation immediately and not wait for formal contact from the authorities. If possible, engage counsel experienced and/or comfortable to deal with anti-corruption matters, procurement law, public sector governance, financial crime, or related areas of law. Early legal strategy will be critical.

In preparation for a possible appointment with the authorities, preserve all documents and records. You must not under any circumstances destroy, alter, conceal, backdate, “clean up”, sanitise or selectively delete emails, files, devices, or relevant correspondence. The Report already notes that some entities exhibited “poor record keeping… and in some cases, apparent obstruction or avoidance”. Any hint of obstruction now will escalate risk and exposure dramatically.

In addition to records, it will be helpful to prepare a factual chronology of your involvement in the relevant matter and do so before investigators approach you. This should cover decisions that you made or approved; contracts handled; delegation relied on; instructions received, and governance structures in place at the material time. This can assist your legal team assess your risk or exposure and prepare defences.

Make all effort and take time to identify relevant exculpatory material early on. This can include written approvals; board resolutions; procurement committee minutes; legal opinions and advise relied on; audit reports; documented objections raised by you; and any other evidence of your non-involvement. Your legal team will determine what is relevant.

There might be a temptation to seek exculpation and sympathy from the public through social media. However, it is best under the circumstances to avoid public commentary. Do not for any reason attempt to declare innocence by issuing statements; engaging or addressing your situation on social media; attempting to explain; briefing journalists (even in confidence); or in any way respond to rumours. Your silence can protect you from self-incrimination. Premature statements can provide basis for future contradictions and complications, all to your disadvantage.

One must also resist the temptation to reach out to other implicated colleagues in an attempt to coordinate stories; align narratives; agree on what happened; rehearse explanations or share advice as this may be interpreted as collusion or obstruction.

If one is among the 150 plus Contractors and Suppliers identified for potential prosecutorial action, it will help to start as early as possible to review all relevant contracts and procurement or supplies files focussing on any tender processes; direct awards; emergency procurement; variation orders; pricing justifications; delivery records and payment schedules.

The Report highlights that there was “repeated use of non-competitive procurement, weakly justified direct awards, emergency procurement, tender manipulation, unsupported payments.”

An implicated contractor/supplier must prepare for scrutiny of pricing; delivery; performance; conflicts of interest; shareholding; and beneficial ownership. In addition, contractors/suppliers must prepare to demonstrate the value delivered in response to questions from the authorities, which might include “did you deliver”; “was the pricing justified”; “were variations legitimate; and “was the procurement lawful”. These are questions on fact that must be responded to with demonstrable evidence.

Implicated individuals, contractors and suppliers must critically assess their exposure under current anti-corruption and procurement laws. In this regard, your legal team will assist you to evaluate potential criminal exposure; civil recovery risk; administrative sanctions; reputational consequences; and related risks.

Now that the report has been delivered to relevant agencies, implicated persons must note that the Report states: “The referral matters are intended to enable formal investigation, asset tracking and recovery assessment, and potential criminal, civil, disciplinary or regulatory action.”

Accordingly, it must be expected that authorities and agencies will soon be contacting some with requests for documents; interviews; asset tracing inquiries; lifestyle audits; cross entity data matching; cooperation requests from banks; and potential asset-freezing orders. Several investigations may be driven by multiple agencies at the same time.

As part of the preparation for engagement with authorities, it will be necessary for those who are implicated to adopt a posture of structured cooperation and not panic. Cooperation does not mean self-incrimination. It can demonstrate being organised, factual and avoiding obstruction.

Under Botswana law, one is presumed innocent until proven guilty. In the journey ahead, one who is implicated would do well to still protect his/her personal and professional reputation. In this regard, you must consult your legal team about advice on crisis communication; formal employer notifications (if applicable); board disclosures; and management of conflict of interest.

As a potentially implicated person, the worst mistake one can make beside panic is electing inaction. The Summary Report makes clear that it is a system wide accountability process, not a symbolic exercise. Preparation now can materially influence outcomes later. And, the correct approach is to choose a calm, structured, legally guided, evidence based, forward looking and positive posture despite the odds.

Finally, no matter your sense of innocence and confidence in being absolved, prepare for a long process. Given the global scale of the matters (80 referrals, P160 billion exposure), there is a real likelihood that the investigations will unfold over months or even years.

DISCLAIMER: This is not personalised legal advice. Book an appointment with counsel for a confidential personalised risk assessment and exposure analysis.

30/04/2026

28/04/2026

Good day. Talk to your AI Legal Assistant. WhatsApp: +267 73447500👋

04/02/2026

ON THE CONSTITUTIONAL COURT….
1. Over the years, there has been complaints that Botswana’s constitution needs reform or amendments. The former opposition has for many years trumpeted this position and promised to deliver constitutional reforms once in power.
2. Around 2023, the Dibotelo Commission undertook an exercise that was supposed to propose changes to the constitution. Seemingly that process was not adequate due to certain shortcomings.
3. To appreciate the intricacies of constitutional reform one has to study the example of what transpired in South Africa-the role of the then broad-based constitutional assembly and the Constitutional Court.
4. South Africa’s Constitution emerged from a negotiated, multi year transition that deliberately split constitution making into two phases (a) an Interim Constitution (1993) that enabled democratic elections and (b) a Final Constitution (1996) that could only come into force once the CONSTITUTIONAL COURT certified that it complied with 34 binding Constitutional Principles.
5. The Constitutional Court of South Africa was established in 1994 by the country’s first democratic constitution — the Interim Constitution of 1993.
6. The Interim Constitution gave the Constitutional Court a unique, once‑off jurisdiction: to determine whether the final constitution complied with the 34 Constitutional Principles.
7. This was not judicial review of legislation—it was a foundational legality check on the supreme law itself.
8. In July–September 1996, the South African Constitutional Court held the first certification hearing(s) in what became the largest hearing in South African legal history, where 47 advocates, 29 political parties, non-governmental organisations, and individuals made submissions for or against certification.
9. In the above hearing , _Ex parte Chairperson of the Constitutional Assembly: In re Certification of the Constitution of the Republic of South Africa, 1996_ , the Court Rejected the draft constitution; found several areas of non‑compliance with the 34 Constitutional Principles; and provided detailed reasons and guidance for correction.
10. Thereafter, the Constitutional Assembly reconvened, amended the constitution, and adopted an amended text on 11 October 1996.
11. The amended text was considered by the Constitutional Court in what is known as the Second Certification Hearing (November–December 1996) where the Court again invited objections from political parties and the public.
12. Oral arguments were heard from 18–20 November 1996, and in December 1996, the Court certified the Amended Text, finding that all remaining objections lacked merit and that the revised constitution complied with all 34 Constitutional Principles.
13. The significance of the certification process delegated to a constitutional court is that it entrenched negotiated guarantees, and ensured that no political majority could unilaterally impose a constitution or any constitutional provision.
14. The negotiated constitutional principles covering democracy, separation of powers, provincial autonomy, judicial independence, and human rights were thus honoured under the interrogation, testing and certification of the constitutional court.
15. Lessons can be learnt/drawn from how the Constitutional Court in South Africa played a decisive and unprecedented role reviewing the draft constitution text twice, rejecting the first version, and compelling the then Constitutional Assembly to amend it before eventually certifying it.
16. In Botswana, the most compelling reason for a Constitutional Court, which should not be lost in the prevailing economic circumstances is that as a prelude to any anticipated (or promised) constitutional reforms, a constitutional court is a necessary precursor institution that needs to be established so that it is ready to provide the requisite institutional framework for interrogation, testing and certification of any reforms that will arise from or will follow any constitutional reforms or amendments before they come into effect.
17. The current courts may well have a history of efficiency and efficacy in handling constitutional issues. However, the existing courts’ mandate, functions, architecture and the nature of appointments of the office bearers may not be the best to be entrusted with the role of interrogating, testing and certification of any envisaged, anticipated or promised constitutional reforms.
18. In the absence of a constitutional court, there is a risk that any constitutional reforms that will happen in Botswana will just need the usual rubber-stamping at parliament and be at the mercy of the current intellectual resources, majoritarian control and shortcomings of members of the national assembly.
19. So, if for any reason (be it economy or comfort) the nation is not ready for a constitutional court, as a necessary, qualified and fully capacitated body for certification of the envisaged reforms, then the entire conversation on constitutional re-engineering of the republic may well be suspended.
20. And, in that suspension, a revolution may forever be deferred!

19/05/2025

Estate planning, Wills and Trusts👌

01/03/2025

Welcome to March! 👌.