Botswana Voted 20-1 to Rewrite Its Gambling Rules – Not Everyone Agreed: Why?

Key Points

• Bill No. 15 of 2026 has been passed by the Botswana National Assembly on 13 August with 20 votes in favor to one, bringing down the legal age for gambling from 21 to 18 for the first time since the inception of the Gambling Act.
• The main driving force behind the passing of the Bill is the FATF, not the age revision, as Botswana was placed on the FATF grey list in 2019 and will undergo its fifth round of assessment in 2024.

• P850 million has been channelled through the illegal gambling platform in the first six months of 2026 alone.

A ratio of 20 to 1 seems very definitive. In Botswana’s National Assembly when the Gambling (Amendment) Bill, 2026 was adopted in the Third Reading on 13 August, the ratio seemed indicative of an accord being reached. However, this is not what the discussion prior to it had indicated. Passed as Bill No. 15 of 2026, this Bill amends the Gambling Authority Act in six ways namely, the age limit, licensing, beneficial ownership, financial crime, gambling equipment surveillance and registration of amusement arcades. Presidential approval and ministerial commencement in the Gazette are needed before the passing of any provision.

The Age Clause That Split the Chamber

The amendment reducing the minimum age limit for gambling from 21 to 18 generated much criticism during the Committee Stage held on 12 August. Kenny Kapinga, a member of the Botswana Congress Party, called on the parliamentarians to keep the age limit at 21 because people aged 18 are still young, and there is no way the nation can protect them owing to a lack of mechanisms.

The government’s rebuttal was blunt. Labour and Home Affairs Minister Maj. Gen. Mokgware told the chamber: “Do not have legislation which you cannot enforce, it is dangerous.” His argument rested on a simple point: a 21-year limit written into law means nothing when unlicensed platforms siphon an estimated P850 million from the economy every year while younger users access them without any age check at all. When consideration resumed on 13 August, the Hansard recorded “Amendment negated” and “Clause 2 agreed to.” The 20-1 result at Third Reading covered the Bill as a whole, not the age clause in isolation.

The FATF Pressure Nobody Mentions in the Headlines

Without the narrative of age, there is a Bill that is driven by one external factor, the FATF. This law states that the aim is to amend the Gambling Authority Act and Financial Intelligence Act to be compliant with FATF standards, especially in relation to AML requirements and the risk of financial crime. Botswana was put on the FATF grey list as a result of a 2019 mutual evaluation that showed some gaps in the AML regime in Botswana. These gaps have been covered in 2021, thus the country managed to move off the FATF grey list. Now Botswana is preparing for the fifth mutual evaluation, which will take place in 2024.

The new terms included in the Act mean licensing consequences: “beneficial owner”, “controlling interest”, “financial offence” and “fit and proper person” are all related to the Financial Intelligence Act. An applicant who is found guilty of a financial offence is not going to be licensed.

Ownership Checks That Close a Documented Gap

Controlling-interest rules stand out among those not often publicised but with important consequences. According to the Bill, an individual who obtains a direct or indirect stake of 5 per cent or more in a licensed gambling company has to seek authorisation from the Authority prior to obtaining control over such an interest. In the case when the stake belongs to a nominee or agent, the identity of the beneficial owner will have to be made known to the licence holder and the Authority. Should the qualifying interest holder be found disqualified, their control rights may be suspended or disposed of. With licensed gambling operators experiencing explosive growth in terms of numbers of signups, reaching 4,700% increases reported by one operator after going live, such rules introduce the element of structural risk in the construction of stakes via nominees or agents.

P850 Million Outside the Regulator’s Reach

The illegal market figure deserves its own attention, because it shows how much of the problem this Bill cannot touch. More than P850 million was wagered through illegal online platforms in Botswana in just the first six months of 2026, according to the Gambling Authority. That number has been climbing fast. Research conducted with the University of Botswana, reported in November 2025, found the illegal gambling market had already reached P500 million, twice the value of the regulated market at that point. By mid-2026, the figure had pushed past P850 million annually.

Gambling Authority CEO Moruntshi Kemorwale put it plainly at the South East Region Staff Excellence Awards in Gaborone: “Responsible gambling is everyone’s responsibility. We must protect our young people, support licensed operators and stop illegal gambling from draining our economy.” The licensed market’s growth is striking on its own: gross gambling revenue stood at P234 million just two years ago and had already exceeded P700 million by December 2025. Both the licensed and unlicensed markets are growing through the same channels: smartphones, mobile betting apps, and a young population comfortable with digital transactions. The new Bill adds equipment monitoring requirements, restricts gambling software supply to licensed holders, and requires casino operators to install their own monitoring systems. None of that reaches an offshore platform operating from outside Botswana’s jurisdiction.

Penalties Rise, But So Do the Stakes for Enforcement

The Bill sharpens its penalty structure considerably. Operating an unregistered amusement arcade now attracts a fine of up to P250,000 (approximately US$18,692) or up to four years’ imprisonment; a second offence doubles the fine to P500,000 ($37,384) and extends the term to five years. The general penalty ceiling for offences with no specific fine assigned rises to P500,000, with a second-offence maximum of P1 million. Penalties covering minors sit at a fine of up to P60,000 ($4,478) or four years’ imprisonment for any licensee, employee, parent, or guardian who permits a minor to gamble or enter a gambling area. Under the new threshold, “minor” now means under-18 rather than under-21. Whether those penalties land with more force than the previous age limit did is the open question.

Expert Analysis: A Law Written for Assessors, Not Bettors

We think Botswana’s Gambling Amendment Bill 2026 is, at its core, a document written for FATF evaluators rather than for Batswana bettors. The beneficial ownership checks, the fit-and-proper definitions, the controlling-interest thresholds: each maps directly onto the compliance checklist that assessors use when reviewing gambling sectors in jurisdictions with AML exposure. Botswana spent time on the grey list. The memory of that appears to have shaped this reform more than any domestic policy urgency, and the timing, with Botswana’s fifth-round preparation running since 2024, is not coincidental.

The age reduction drew the most parliamentary heat and the most media attention, but it is arguably the thinnest structural change in the Bill. What carries real weight is whether the Authority can now track who actually controls gambling licences and whether financial crime provisions will be applied, not just legislated. The illegal market grew from P500 million to P850 million in under seven months, a pace that no beneficial ownership clause slows on its own. Parliament passed the law. Enforcement builds it into something that actually works, and Botswana’s regulatory infrastructure is still maturing fast enough to matter.