Mhizha Legal offers a focused range of legal services built around what individuals, businesses and investors in Botswana actually need – from personal matters like family law and estates, to commercial transactions, conveyancing, debt recovery, employment, regulatory work and more.
Our attorneys bring courtroom experience at every level – Magistrate, High Court, Industrial Court and Court of Appeal – combined with practical expertise in boardrooms and government offices across Botswana.
Local knowledge. International standard. Every matter.
Family and estate matters are among the most personal a person will ever navigate. Our job is to deliver legal clarity — and results — when it matters most
Life’s most significant personal decisions — who you marry, how you separate, who raises your children, and what happens to what you have built — all carry legal weight. Mhizha Legal handles the full spectrum of family and estate matters with the precision these decisions demand and the sensitivity they deserve.
From contested divorce proceedings and urgent custody applications, to drafting wills, administering deceased estates, and structuring trusts for the protection of your assets and your family’s future — we bring the same standard to every instruction: honest advice, strategic representation, and results that hold.
Whether you are protecting a marriage, ending one, securing your children’s future, or putting your estate in order — this is the practice area where getting it right matters most.
A trust is a legal structure that holds assets on behalf of beneficiaries — typically your children, a spouse, or a charity. It is used to protect assets from creditors, provide for minor children, manage assets across generations, or ensure your estate is not consumed by a lengthy administration process. We advise on whether a trust is appropriate for your circumstances and handle the full drafting and registration process.
If you have assets, dependants, or a specific wish about what happens to what you own, you need a will. Dying without one in Botswana means your estate is distributed according to the Succession Act — which may not reflect your wishes and can create significant delays and disputes for the people you leave behind. A will is one of the simplest and most valuable legal documents you can have.
Property is one of the most significant transactions of a person’s life – and one of the most complex to execute correctly. It deserves the meticulous attention of a qualified conveyancer who has done it before.
As admitted conveyancers and notaries public, Mhizha Legal manages the complete property transaction cycle — from the signed offer to purchase through to lodgement and final registration at the Deeds Registry.
We handle residential, commercial, and agricultural property transactions across Botswana, coordinating with banks, developers, buyers, sellers and government offices to ensure every transfer closes efficiently and correctly. Speed matters in conveyancing — delays cost real money. We track every transfer actively, manage all Deeds Registry correspondence, and update you throughout.
For clients outside Botswana – diaspora, foreign investors, or businesses acquiring land – we manage the full process remotely. You do not need to be present. We handle every facet, from due diligence to registration, and keep you informed at every step.
Yes. We regularly act for diaspora clients and foreign investors who complete property transactions entirely remotely. We handle all correspondence, coordinate with the Deeds Registry and any bond-granting bank, and guide you through the required documentation. You will need to sign certain documents — we advise on how to do this correctly from wherever you are, including the use of a power of attorney where applicable.
Outstanding debt is not just a cash flow problem — it is a drain on time, energy, and business relationships. We recover what is owed through the most efficient legal mechanism available, so you can focus on what you do best.
Unpaid debt affects every business — regardless of size, sector, or how long you have been operating. Mhizha Legal provides legally sound, commercially focused debt recovery for individuals and businesses across Botswana, from the first letter of demand through to judgment, attachment, and execution.
We manage the full collection process — formal demand, summons, default judgment, and enforcement — moving at each stage with the speed and consistency that commercial clients require. For businesses carrying a portfolio of debtors, we manage multiple matters simultaneously, applying uniform legal pressure across all accounts while keeping you updated on each one.
We work across sectors — retail, property, agriculture, construction, professional services, and mining supply chains — where outstanding receivables directly impact operations. Before we begin, we give you an honest assessment of recoverability. If it is not worth pursuing, we will tell you.
Yes. We regularly act for commercial clients managing portfolios of debtors — from SMEs with a handful of outstanding invoices to larger businesses with ongoing collection needs. We can structure a consistent recovery process across all your accounts, provide regular reporting, and scale up or down as your requirements change. Contact us to discuss a commercial arrangement suited to your volume.
Once we have obtained judgment, we can apply for a warrant of execution — authorising the sheriff to attach the debtor’s movable or immovable property. Attached property is then sold by public auction, with proceeds applied to settle the debt. The process is governed by strict legal requirements including mandatory newspaper publication of the sale notice. We manage the full execution process from warrant application through to auction and recovery.
Whether you are an employer managing a dispute or an employee whose rights have been violated — you need representation that understands the Industrial Court and knows how to get results there.
Botswana’s employment law landscape has shifted significantly with the introduction of the Employment and Labour Relations Act 2025 (ELRA 2025). For employers, this means existing contracts, disciplinary procedures, and retrenchment processes need to be reviewed and aligned to the new framework — before a dispute arises, not after.
Mhizha Legal represents both employers and employees before the Industrial Court, the Labour Commissioner, and in contractual employment disputes. We understand the procedural and strategic requirements of employment litigation at every level and provide representation that is both technically sound and commercially aware.
For employers, we advise on compliant disciplinary procedures, draft and review employment contracts, assist with retrenchment processes — including large-scale retrenchments in the mining and agriculture sectors — and defend unfair dismissal and constructive dismissal claims. For employees, we assess the merits of your matter honestly, advise on realistic outcomes, and pursue your claim with the urgency the 30-day referral window demands.
Retrenchment under ELRA 2025 requires compliance with a specific consultation and notification process — particularly where multiple employees are affected. Employers must consult with affected employees or their representatives, explore alternatives to retrenchment, and follow prescribed notice periods and severance calculations. Failure to follow the correct process exposes the business to claims at the Industrial Court. We advise employers at every stage of the retrenchment process — from planning through to final payments — to ensure full legal compliance and minimise exposure.
Under the Employment and Labour Relations Act 2025, a dismissal is unfair if the employer lacked a valid reason — misconduct, incapacity, or operational requirements — or failed to follow a fair procedure before dismissing the employee. Fair procedure requires adequate notice of a disciplinary hearing, a genuine opportunity to respond, and the right to representation. ELRA 2025 has introduced updated procedural requirements that employers must comply with — if you are unsure whether your procedures are aligned, contact us before a dispute arises.
Botswana’s land and natural resources sit at the intersection of economic opportunity and legal complexity. We help businesses and individuals navigate both — and protect what is theirs.
Botswana’s natural resource base — diamonds, coal, copper, nickel, and agricultural land — represents both the country’s greatest economic asset and some of its most complex legal terrain. Mhizha Legal advises mining companies, developers, landowners, farmers, and investors on the full spectrum of land and resource-related legal matters.
For businesses operating in the extractive and agricultural sectors, we advise on surface rights agreements, mineral rights, environmental compliance obligations, regulatory approvals, and commercial arrangements with landowners and government bodies. Our Francistown office gives us particular insight into the legal landscape of northern Botswana — where the bulk of Botswana’s mining and agricultural activity is concentrated.
For individuals and entities in land disputes, we handle boundary conflicts, borehole rights, title disputes, evictions, and farm disputes across tribal, freehold, and state land. We advise on the correct legal forum — Customary Court, Magistrate Court, or High Court — and move urgently where physical encroachment or imminent harm to property rights requires an interdict.
Tribal land is administered by Land Boards under the Tribal Land Act. It cannot be privately owned — it is allocated for use and is subject to Land Board approval for any transfer or change of use. Freehold land is privately owned and can be bought, sold, and mortgaged like any asset. State land is owned by the government and may be leased for specific purposes. The legal processes for disputes, transfers, and development differ significantly across all three categories, and the appropriate forum — Customary Court, Magistrate Court, or High Court — depends on the nature of the land and the dispute.
No. Tribal land cannot be purchased by anyone — citizen or foreigner — as it is not privately owned. It is allocated for use by Land Boards and remains under communal administration. Foreigners and non-citizens can, however, purchase freehold property in Botswana subject to certain conditions and approvals. If you are looking to acquire land or property in Botswana as a non-citizen, we advise on the correct category of land for your purposes and manage the full acquisition process. Contact us before you sign anything.
Surface rights and access agreements are a critical and often complex part of mining operations in Botswana. Where a mining licence covers land occupied or owned by a third party, the mining company must negotiate a surface rights agreement with the landowner or community. These agreements govern access, compensation, disturbance, and restoration obligations. We advise mining companies and landowners on the negotiation, drafting, and enforcement of surface rights agreements — ensuring both sides understand their legal position before operations begin.
In business, the quality of your legal documentation determines the quality of your outcomes. We draft, structure, and enforce commercial arrangements with the precision they require — and the persistence to see them through when they don’t go to plan.
Commercial law is where business gets done — and where the most significant legal risk sits. From the shareholder agreement that defines how a company is owned, to the contract that governs a major supply arrangement, to the transaction that transfers an entire business — the quality of your legal work determines your exposure, your remedies, and ultimately your outcomes.
Mhizha Legal acts for businesses, investors, and commercial entities across the full range of commercial and contractual matters. We draft and review commercial agreements, advise on transaction structure, negotiate terms, and litigate enforcement where the other party fails to perform.
We are building a focused commercial practice equipped to handle transactions of increasing complexity — including mergers and acquisitions, corporate restructuring, banking and finance arrangements, BSE listings and capital markets transactions, and cross-border commercial agreements involving Botswana. As Botswana’s economy grows and its capital markets develop, the demand for commercially sharp, locally grounded legal counsel is only increasing. We are positioning to meet it.
For businesses already operating in Botswana, we provide the ongoing commercial legal support that keeps operations protected — contracts reviewed before they are signed, disputes resolved before they escalate, and structures in place before they are needed.
For businesses entering Botswana — foreign investors, regional corporates, mining and agricultural enterprises, and international entities requiring local counsel — we provide commercially sound advice grounded in the Botswana legal and regulatory framework, with the speed and agility that a focused firm delivers.
Entering a new market requires more than registering a company. You need contracts that are enforceable under Botswana law, employment agreements that comply with local legislation, commercial arrangements that protect your interests in a new jurisdiction, and a legal advisor who understands both the local framework and the commercial reality of operating here. We provide entry-level legal support for foreign businesses — from initial structuring advice through to ongoing commercial counsel.
A business acquisition involves multiple legal workstreams running simultaneously — due diligence on the target business, negotiation and drafting of the sale agreement, regulatory approvals where required, transfer of contracts and assets, and management of any employment law implications. We advise buyers on structuring the transaction to protect their interests, identify legal risk in the target business, and manage the documentation from term sheet to completion.
Not always. Verbal contracts are generally enforceable in Botswana, but they are significantly harder to prove. Certain contracts such as the sale of immovable property must be in writing to be valid. We always recommend written contracts for any commercial arrangement of significance. If you have a verbal agreement in dispute, we will advise on the strength of your position and how to evidence it.
A shareholders agreement governs the relationship between the owners of a company — how decisions are made, how disputes are resolved, what happens when a shareholder wants to exit, and how the company is protected if a shareholder dies or becomes incapacitated. If you have more than one shareholder and no shareholders agreement, you are operating on trust alone. We draft shareholders agreements tailored to your business structure and the specific dynamics of your ownership arrangement.
A BSE listing requires compliance with the BSE Listings Requirements, preparation and review of a prospectus or information memorandum, corporate governance documentation, shareholder resolutions, and ongoing disclosure obligations post-listing. For companies considering a dual listing or cross-listing from another exchange, there are additional regulatory and documentation requirements. We advise on the legal workstreams involved in a listing process and work alongside your financial advisors and auditors to ensure the legal documentation meets BSE requirements. Contact us early in the process — the legal preparation for a listing takes longer than most companies anticipate.
Government decisions must be lawful, reasonable, and procedurally fair. When they are not, we challenge them. When you operate in a regulated environment, we help you stay ahead of what compliance requires.
Botswana’s regulatory environment is expanding. The Non-Bank Financial Institutions Regulatory Authority (NBFIRA), the Botswana Communications Regulatory Authority (BOCRA), the Competition Authority, and sector-specific regulators across mining, energy, and agriculture all have the power to make decisions that directly affect how your business operates — or whether it operates at all.
Mhizha Legal advises businesses, investors, and individuals on navigating this regulatory landscape — both proactively, through compliance advice and licensing support, and adversarially, where a regulatory decision needs to be challenged.
Where a government department, licensing authority, or public body has made a decision that is unlawful, unreasonable, or procedurally unfair, we advise on the merits of a judicial review application under the Administrative Justice Act and Botswana’s Constitutional provisions. We assess the decision, advise on prospects, and move quickly — the legislation imposes strict time limits on review applications and delay can be fatal to your claim.
For businesses operating in regulated sectors — financial services, mining, telecommunications, construction, and government supply — we provide ongoing compliance advice, assist with licence applications and renewals, and represent clients in regulatory disputes before the relevant authority and, where necessary, the courts.
Judicial review is a High Court process by which a court examines whether a decision made by a government body, regulatory authority, or public official was lawful, reasonable, and procedurally fair. You can apply for judicial review where a decision directly affects your rights or legitimate expectations and where that decision was made outside the authority’s powers, without following proper procedure, or in a manner that no reasonable decision-maker could have reached. Time limits apply — contact us immediately if you believe a decision affecting you may be susceptible to review.
A licence refusal or revocation by a body such as NBFIRA, BERA, or a sector-specific regulator is not necessarily final. We assess whether the decision was made in accordance with the applicable legislation, whether proper procedure was followed, and whether you have grounds to challenge it — through internal appeal mechanisms first, and judicial review where necessary. We also advise on how to engage proactively with regulators to resolve disputes before they reach the courts.
Tender processes in Botswana are governed by the Public Procurement Regulatory Authority (PPRA). Where a tender award is made irregularly — through a flawed evaluation process, failure to follow prescribed procedures, or a decision that cannot rationally be justified on the tender criteria — there are legal mechanisms available to challenge it. Time is critical. Contact us as soon as you receive notification of an unsuccessful tender if you believe the process was irregular.
Regulatory frameworks in Botswana are evolving — particularly in financial services, mining, telecommunications, and public procurement. We advise businesses on their compliance obligations under applicable legislation and regulatory frameworks, assist with licence applications and renewals, and provide ongoing counsel as regulatory requirements change. Proactive compliance advice is significantly less costly than defending a regulatory action after the fact.
We pursue claims against healthcare providers — hospitals, clinics, and individual practitioners — where substandard care has caused injury, disability, or death. These matters are emotionally difficult and legally complex. We handle them with the sensitivity the situation demands while pursuing the compensation our clients are entitled to.
We recover compensation for victims of motor vehicle accidents and personal injury — covering property damage, medical expenses, loss of earnings, and general damages. Do not delay. Evidence deteriorates and witnesses become harder to trace. Contact us immediately after an incident.
Where a legal dispute does not fall within a specific practice area, we advise on the appropriate civil remedy and represent clients before the Magistrate Court, High Court, and Court of Appeal. If you have a legal problem and are unsure where it fits — contact us.
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Attorneys · Conveyancers · Notaries
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