Batswana who fail to report suspected corruption could face imprisonment or a fine under a tough new legislative proposal aimed at tightening the fight against graft.
According to the draft Anti-Corruption Bill, 2026, which is expected to be presented before the National Assembly by Minister for State President, Defence and Security, Moeti Mohwasa, every citizen will be legally obligated to report suspected corruption involving public institutions.
The proposed law states that ‘a person who suspects that an act constituting an offence under this Act has been committed or is about to be committed within or in relation to a public body has a duty to report to the Agency.’
The bill goes even further for those in leadership or positions of authority as it imposes stricter obligations on them.
It provides that ‘a person who holds a position of authority and who knows or ought reasonably to have known or suspected that another person has committed an offence under this Act shall lodge complaint of such knowledge or suspicion or cause such knowledge or suspicion to be reported to the Agency.’
Failure to comply with this legal obligation will itself become a criminal offence.
The bill warns that ‘a person who fails to comply with this section, commits an offence and is liable to a fine not exceeding P10,000 or to imprisonment for a term of not less than one year.’
The proposed legislation also formalises procedures for reporting corruption, requiring the anti-corruption agency to officially acknowledge every complaint.
It states that ‘upon receipt of a report. the Agency shall take down the complaint in such manner as it considers appropriate, and immediately provide the person who made the report with an acknowledgment of receipt of such complaint.’
In addition, the agency will issue guidelines to ensure compliance, with the draft law noting that ‘the Agency shall issue such guidelines as it considers appropriate to ensure compliance with this section.’
The bill also empowers individuals to report suspected corruption even before it occurs.
It says ‘a person who alleges that another person has engaged or is about to engage in a corrupt practice may lodge a complaint with the Agency in such manner as may be prescribed.’
According to the draft, ‘the Agency may investigate a matter under this Act on receipt of a complaint or on its own initiative.’
Once a complaint is lodged, the Director-General will assess its merit before deciding whether to proceed with an investigation.
The bill explains that the Director-General ‘shall, upon receipt of a complaint. examine each alleged corrupt practice and decide whether or not an investigation in relation to the allegation is warranted.’
Factors to be considered include ‘the seriousness of the conduct,’ ‘whether or not the allegation is frivolous or vexatious,’ and whether an investigation would likely reveal an offence.
Complainants will also be formally notified of the outcome.
The propsed legislation states that ‘the Director-General or authorised officer shall inform the complainant, in writing, of the decision of the Agency in relation to the allegation.’