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      Tumisang Orebonye: Overcoming Against Adversity to Reach for the Stars

      ‘Winning The CAF Super Cup Is A Dream Come True’ – Orebonye

      BAA Needs Over P3m For World Champs

      Botswana’s Sporting Future in Jeopardy: School Sports Suspension Threatens Athletic Excellence

      No House For Tebogo Despite Astral Performance in Budapest

      “No Pressure for Tebogo at Diamond League Finals”

      BOKA Aims to Host Two Prestigious International Karate Competitions

      BOKA Aims to Host Two Prestigious International Karate Competitions

      FM Botswana 2022 conference: transformation towards a greener FM 

      StanChart CEO Underscores Role of UB Marathon in Boosting Botswana’s Sports Tourism

      No House For Tebogo Despite Astral Performance in Budapest

      No House For Tebogo Despite Astral Performance in Budapest

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      Govt pulls trigger on ‘wayward’ lawyers

      A Bill to keep lawyers on the strait and narrow through the Legal Practitioners Act has amendments so stringent - especially for admission to the bar - that some may consider them draconian

      mm by Staff Writer
      July 6, 2022
      in News
      Reading Time: 2 mins read
      0

      GABORONE 1 February 2022, The president Dr. Mokgweetsi Masisi grace the official opening of the the Legal Year of the High Court of the republic of Botswana in Gaborone on February 1, 2022. The celebration starts by inspecting the Guard of Honor by the Chief Justice, Justice Terence T. Rannowane mounted by the BDF solders. Attorney General Advocate Abraham M Keetshabe during the ceremony. (Pic:PRESS PHOTO)

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      Scores of lawyers may lose their practicing licences following ongoing moves by the government to amend the Legal Practitioners Act.

      According to a draft of the Legal Practitioners Bill which is to be presented to the National Assembly for passing into law, a person will not be admitted to practice law in Botswana if that person has “been a subject of an investigation by a supervisory authority or investigatory authority in terms of the Financial Intelligence Act”.

      The draft indicates that a new section has been inserted under Clause 8 of the Legal Practitioners Act “to address the deficiencies identified by the Eastern and Southern African Anti-Money Laundering Group in their 2017 Mutual Report”. Under this clause a “fit and proper person” means for an applicant to be a legal practitioner and notary or conveyancer to succeed, they shall not have been convicted of a serious offence in terms of the Proceeds and Instruments of Crime Act. The applicant shall not have been convicted outside Botswana of a criminal offence, If committed in Botswana, shall not be an unrehabilitated insolvent.

      The draft states that the applicant shall also not have been a person holding a senior management position in a company which is disqualified from trading by a professional body or supervisory authority.   A person who holds the qualifications and feels “hard done by” by these amendments may apply to the court by petition to be admitted and enrolled in the capacity specified in the application.  The Bill states that every application for admission and enrolment shall be accompanied by documentary proof of possession by the applicant of the requisite qualifications.

      According to the proposed amendments, a copy of every application, together with copies of supporting affidavits and certificates, shall be served upon the Attorney General and the Law Society not less than 28 days before the date of hearing of the application and such service shall be effected personally or by registered post.  The Bill states that provided that the Attorney General or the Law Society may accept service for a lesser period, if they do so, then the Attorney General or the Society shall notify the Registrar in writing.  The Attorney General, the Law Society or any legal practitioner may ask leave of the court to appear as a friend of the court to oppose the granting of such application.

      Tags: Financial Intelligence ActLaw SocietyLegal Practitioners Bill

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