The politically contentious Declaration of Assets and Liabilities Bill, 2019 (“Bill”) was published on 21 June 2019 and will be considered before the National Assembly by the end of July 2019. The Bill requires every person who is a public officer as defined under the Public Service Act, including former presidents and former vice-presidents, to declare their liabilities and assets in their widest sense.
Our specialist litigators in Botswana have vast knowledge and experience in dealing with and resolving disputes through arbitration, litigation and mediation. They are passionate, dedicated and determined to get the best results for our clients.
We advise and represent national and multinational corporations, financial institutions and government entities in complex multi-jurisdictional disputes. Our clients receive relevant, timely and effective advice based on our extensive expertise in litigation, arbitration, conciliation, mediation, negotiation and other means of pre-empting and settling disputes.
We are supported by DLA Piper’s Litigation, Arbitration and Regulatory group, which has more than 1,400 dispute resolution lawyers globally. This means we can manage matters anywhere in the world. In cross-border disputes, clients work through a single point of contact with their trusted Minchin & Kelly contact in Botswana. This relationship gives clients access to a wealth of experience and knowledge around the globe, and immediate access to a worldwide database of dispute resolution cases. This added value helps to save our clients time and money.
As you would expect, our lawyers are highly familiar with the administrative processes in Botswana. They provide administrative law advice to both public and private sector clients across a wide range of matters.
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Our lawyers provide sound advice in relation to the full range of banking and finance transactions and related disputes.
For example, we are currently advising on a major litigation dispute involving the central Bank of Botswana.
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Our lawyers in Botswana have acted for international construction companies relating to government tender processes and in arbitration proceedings through the International Chamber of Commerce.
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In a globalised economy, our lawyers in Botswana provide advice on multi-jurisdictional legal issues.
They also bring extensive knowledge of local law, procedures and markets.
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Our lawyers act for most of the local and international insurance companies in Botswana as well as the government insurance scheme and international reinsurers.
We offer a full range of insurance-related services including transactional, regulatory, commercial dispute resolution, claims and opinions on claims.
Market recognition
- Jayne Cross ranked as Up and Coming Lawyer (Chambers & Partners 2026)
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Our lawyers in Botswana have vast experience in conducting international arbitration, coordinating cross-border support as required.
We have seen significant growth in the number of arbitration instructions we are receiving through our Civil and Litigation team.
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Experience has included advising:
Financial and banking sector
• Represented the liquidator of an insolvent bank in an audit negligence claim valued at approximately BWP200 million.
• Represented a major creditor of the same bank in a related claim against its auditors.
• Currently representing an international audit firm in an audit negligence claim valued in excess of BWP500 million.
• Represented a commercial bank in a significant tax dispute valued at approximately BWP100 million.
Mining and industrial sectors
• Represented a creditor of an insolvent diamond mine in a claim valued at approximately BWP600 million.
• Represented various creditors of an insolvent copper and nickel mining company in claims aggregating approximately BWP50 million.
• Currently representing and advising the liquidator of a major steel manufacturing plant in ongoing insolvency proceedings.
Public sector and parastatal litigation
• Represented a parastatal organisation in a delictual claim involving the electrocution of individuals, valued at approximately BWP30 million.
• Represented a feedlot owner in an arbitration against a parastatal entity, involving a contractual claim of approximately BWP50 million.
• Represented a beer manufacturing company in a constitutional and administrative dispute with
the Government concerning the COVID-era ban on alcohol sales
Pension and investment funds
• Acting for a major pension fund in a contractual dispute valued at approximately BWP450 million.
Insurance and reinsurance
• Represent a portfolio of leading insurance companies, including Hollard Insurance Company Botswana, Botswana Insurance Company, BICB t/a Bryte Risk Services Botswana, Alpha Direct Insurance Company and Sesiro Insurance Company and BIHL t/a Insure Guard.
• Represent a brokerage firm in a COVID-related business interruption claim valued at approximately BWP100 million.
Healthcare and medical negligence
• Represent various hospitals in complex and sensitive medical malpractice and negligence litigation.
Corporate governance and director liability
• Represent former directors of an insolvent company in defending a BWP60 million reckless trading claim brought by a creditor. Regional and international entities.
• Represent a regional economic community in various contractual and arbitration matters arising from contractual agreements.
Tax and regulatory
• Represented a commercial entity in a contentious tax dispute valued at approximately BWP30 million.
Telecommunications and ICT
• Represent mobile network providers in a range of delictual, contractual, and employment-related disputes.
• Public and electoral law.
• Represent independent organisations and stakeholders in electoral dispute resolution, including urgent court interventions and legal challenges.
Aviation insurance
• Advised and represented parties in high value and complex aviation related incidents, handling claims arising from negligence and breaches of statutory obligations.
Minchin & Kelly (Botswana) has a well-established dispute resolution practice. The team of lawyers is well placed to advise clients on financial disputes, including those arising out of liquidations. The firm also handles medical and professional negligence claims as well as constitutional disputes. -Chambers & Partners 2026 Review
In the case of Baone Kealeboga & Another v Tidimalo Mercy Kehumile & Another, the Court of Appeal delivered a ground-breaking judgment in that it recognised for the first time in Botswana, the rights of children born out of wedlock as being equal to their counterparts born in wedlock.