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New Amendments to the Deeds Registry Act: Key Changes for Property Owners, Lenders and Investors

New Amendments to the Deeds Registry Act: Key Changes for Property Owners, Lenders and Investors

by | May 14, 2026 | Business, Updates

Botswana’s property law framework continues to evolve with the Deeds Registry (Amendment) Bill, 2026 (Bill No 13 of 2026) (“the Bill”), which proposes the introduction a number of practical reforms and amendments aimed at aligning the law with judicial precedent, correcting historical anomalies and improving the administration of land rights.

Although the proposed amendments are technical in nature, their impact will be significant for property owners, lenders, developers and legal practitioners.

Recognition of Spouses Married in Community of Property

One of the most notable amendments in the Bill is the expanded definition of “owner” to expressly include spouses married in community of property, in order to allow a spouse (married in community of property) who is not the registered title owner on the title deed but their spouse, to be equally able to register bonds directly using such title deeds without necessarily requiring that only the spouse whose name appears on the title deed be the one to register such a bond.

This amendment gives statutory effect to the decision of the Court of Appeal in NDB v Seabelo Maje (CACGB-203-21), which clarified the proprietary interests of spouses married in community of property in relation to immovable property and the registration of mortgage bonds. It also aligns with the Registrar of Deeds Circular No. 1 of 2024, which was issued following that judgment to guide deeds registry practice pending legislative reform.

In practical terms, the amendment strengthens legal certainty by recognising that property forming part of a joint estate may require the participation, consent or acknowledgement of both spouses in transactions involving transfers, mortgage bonds and related real rights.

For banks, lenders and conveyancers, this codification eliminates uncertainty when taking or registering security over immovable property.

Registrar’s Powers Relating to Antenuptial Agreements

The amendments also grant clearer powers to the Registrar of Deeds in relation to the regulation of antenuptial contracts and related matrimonial property instruments.

This is expected to streamline deeds office procedures where marital property regimes affect ownership, transfers or the registration of security interests. It should also reduce administrative uncertainty where documentation must be lodged to confirm whether property forms part of a joint estate.

Registrar’s Powers Relating Practice Circulars

The amendments also grant clearer powers to the Registrar of Deeds and expressly empowers the Registrar to issue circulars to provide guidance on deeds registry practice and procedure. This is a significant development, as such circulars have historically played an important practical role in standardising registry requirements and addressing operational issues.

Formal recognition of this power should improve consistency, administrative efficiency and responsiveness to evolving legal developments.

Correction of Historical State Land Title Anomalies

A further important reform addresses long-standing anomalies concerning the grant of State land titles for fixed periods.

Historically, certain title conditions and tenure arrangements created inconsistencies in registration practice. The amendments seek to regularise these issues, bringing greater clarity to holders of fixed-term State grants, developers and institutions financing leasehold land.

This is likely to be particularly relevant in commercial, tourism and urban development projects where State land tenure structures are common.

Ancillary Corrective Amendments

The Bill also contains various supporting amendments intended to improve the overall functioning of the deeds registry system. These include technical corrections, clarification of procedures and removal of outdated inconsistencies in the legislation.

While less visible, these changes are often essential in reducing delays and avoiding disputes in practice.

Collectively, the amendments should:

  • Improve certainty in secured lending transactions
  • Align deeds registration with matrimonial property law
  • Assist in regularising historic title issues
  • Reduce administrative bottlenecks at the Deeds Registry
  • Support confidence in Botswana’s property market
Armstrongs’ View

These amendments introduced through the Bill reflect a welcome effort to modernise Botswana’s land registration framework while addressing practical issues that have affected transactions for many years. In particular, the recognition of community of property interests and the correction of historic State title anomalies are likely to have immediate real-world impact. The proposed changes are a positive development, and it is hoped that the Bill will be passed and implemented in due course.

How Armstrongs Can Help

Armstrongs through its Conveyancing Department advises clients on:

  • Property transfers and title regularisation
  • Mortgage bond registrations
  • Matrimonial property implications in transactions
  • Due diligence on land rights
  • Real estate development structuring
  • Banking and secured lending transactions

Contact the team at kago@armstrongs.bw, regina@armstrongs.bw and mmasebele@armstrongs.bw

KAGO K.Y BOIKI LLB (UB), LLM (PRETORIA)
ATTORNEY AND LEAD CONVEYANCER
ARMSTRONGS

5 Years Jail Time and 2 Mothers-In-Law

5 Years Jail Time and 2 Mothers-In-Law

by | Aug 29, 2024 | Uncategorized

Bigamy is one of those crimes we think doesn’t happen anymore, like challenging your rival to a duel or cheque fraud. But it appears that it still has a place in modern society.

Bigamy is the crime of going through a marriage ceremony with a second person while still being in a marriage that has not been dissolved by death, divorce, or annulment. It is provided for in our Penal Code, along with marriage with dishonest or fraudulent intent, which also carries a 5-year sentence. Additionally, signing a false marriage certificate can result in a 7-year sentence.

The effect of bigamy is that the second “marriage” is void.

As with all crimes, there must be the appropriate mens rea or criminal intent. The mens rea is undoubtedly present when the bigamist knows that he or she is still married, as is most often the case—separation from your spouse is not enough to allow a second marriage.

The Indian Court dealt with a landmark case involving a woman married to a man who converted to another religion. He had been married to his wife for a long period, and they had children from their marriage. However, he entered into a second marriage. The Court ruled that the husband had converted to avoid prosecution under bigamy and had no faith in his new religion. The second “marriage” was found to be fraudulent, and the first marriage could not be dissolved simply because the husband converted to a different religion.

Bigamy can, and should be, dealt with by criminal law, but there are also remedies in civil law.

The Natal High Court found that where a man purported to enter into a second civil marriage while his first marriage was still valid, the second marriage was bigamous and unlawful. In that case, the second wife was unaware of the first marriage and had a claim for damages against the husband. However, she had no claim for spousal support.

A duped second “wife” may apply for the marriage to be declared null and void and may claim damages for impairment of dignity, insult, and degradation, as may the wronged first wife.

However, if you know a person to be already married and receive a proposal of marriage from them, don’t expect to be able to make a claim for breach of promise to marry!

In our own courts, the reported case of Ntshekang v Pule dealt with the position of the law in regard to customary law. It was found that “A party married according to civil rights commits bigamy if he or she marries again before divorcing the spouse in the first marriage. Similarly, a party married according to customary law commits bigamy if he or she contracts a civil rights marriage with a third party. The only time a party married according to customary law may contract a civil rights marriage is if he or she marries the spouse already married to him or her according to customary law before a second customary marriage is contracted by the husband with a third party.”

At Armstrongs, we have very recently dealt with two cases of bigamy—both instances committed by husbands. In the first, the husband from Botswana was married under civil law. The marriage turned sour, but instead of seeking a divorce, he simply married his new paramour in a neighboring country, swearing on oath that there was no impediment to the second marriage. Because the offense was not committed in Botswana, our neighbors’ authorities are dealing with it.

In the second case, the husband had been married for many years following a civil ceremony in the United Kingdom and is still married. He and his wife have two adult children. The wife quite by chance discovered a marriage certificate from a marriage officer in Botswana and a video of the wedding. The husband is shown in the video swearing that he had never been married before and that there was no impediment to his marriage to his very young bride, whom he apparently met on a dating site.

We obtained an order ring-fencing the husband’s considerable assets in Botswana pending the wife’s divorce action in the United Kingdom and her claim for her half-share of the assets.

The lessons to be learned—unless you want five years in prison and two mothers-in-law—dissolve your first marriage first, and be careful of whom you meet on a dating site.