Botswana High Court: No 2-Year Gap for Second Maternity Leave

• Botswana has only 52 labour inspectors to oversee a rapidly expanding workforce.
• The inspectorate is severely understaffed and lacks specialist skills needed to enforce the new Employment and Labour Relations Act.
• Employers may face increased scrutiny and penalties for non-compliance due to the enforcement gap.

Botswana's labour inspectorate is facing a severe shortage of staff, with only 52 inspectors to oversee the country's rapidly expanding workforce.

Botswana's labour inspectorate is facing a severe shortage of staff, with only 52 inspectors to oversee the country's rapidly expanding workforce. This critical enforcement gap has been highlighted by Labour Commissioner Veronica Moloko, who warned that the inspectorate lacks the specialist skills needed to effectively enforce the new Employment and Labour Relations Act. The Act, which aims to overhaul labour laws in Botswana, came into effect on July 1, 2026, but its implementation may be hindered by the understaffing issue. As a result, employers may face increased scrutiny and penalties for non-compliance, making it essential for lawyers advising clients on compliance to be aware of this potential enforcement gap.

The Employment and Labour Relations Act is not the first attempt by the government to reform labour laws in Botswana. Previous efforts have been met with challenges, including a lack of resources and capacity within the inspectorate. The current shortage of inspectors has been exacerbated by the rapid expansion of the workforce, which has put pressure on the existing staff. To address this issue, the government may need to consider increasing funding for the labour inspectorate or providing training to existing staff to equip them with the necessary skills to enforce the new Act.

The understaffing of the labour inspectorate poses a significant risk to employers in Botswana. With increased scrutiny and penalties for non-compliance, businesses may face financial losses and reputational damage if they fail to meet the requirements of the new Employment and Labour Relations Act. Lawyers advising clients on compliance should be aware of this potential enforcement gap and take steps to mitigate the risks associated with it. This includes ensuring that employers are aware of their obligations under the new Act and providing guidance on how to comply with its provisions.

Lawyers advising clients on compliance with the new Employment and Labour Relations Act should be aware of the potential enforcement gap due to understaffed labour inspectors, which may lead to increased scrutiny and penalties for non-compliance.

Source: Original reporting via Sunday Standard