Foreign acquisition or lease of agricultural land or of a company owning agricultural land is subject to the Minister's approval and subject to discriminatory transfer duty tax (see related horizontal measure).
"2. Interpretation
In this Act unless the context otherwise requires-
"agricultural land" means land other than tribal land or land within a township;
"controlled transaction" means one of the transactions specified in section 3(1) other than that specified in section 3(3);
"land" includes any estate, interest or right in land;
[…]
3. No dealings in agricultural land without consent of Minister
(1) Each of the following transactions, that is to say-
(a) the sale, transfer, lease capable of running for a period of five years or more, exchange, partition or other disposal or dealing with any agricultural land;
(b) the division of any such agricultural land into two or more parcels to be held under separate titles;
(c) the issue, sale, transfer, mortgage or any other disposal of or dealing with any share in a private company owning any agricultural land, shall, if the party acquiring any interest in such land or in such shares is a person who is not a citizen of Botswana, be void for all purposes unless the Minister has given his consent in respect of that transaction in accordance with this Act.[...]
(4) In this section "citizen" shall not include a company incorporated or registered under the Companies Act, unless the majority of all classes of shares in such company are beneficially owned by individuals who are citizens of Botswana.
[...]
7. Grant or refusal of consent
In deciding whether to grant or refuse consent in respect of a controlled transaction, the Minister shall-
(a) have regard to the effect that the grant or refusal of consent is likely to have on the economic development of the land concerned or on the maintenance or improvement of standards of good husbandry on the land concerned;
(b) take into account any objections made under section 5(2) and, in particular, the wish of any citizen of Botswana to enter into the controlled transaction; and [...]" (CHAPTER 32:11 LAND CONTROL Act of 1975, as amended)
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"2. Imposition of transfer duty
(1) Except as otherwise provided in this Act, a duty (hereinafter called "transfer duty") at the rate specified in subsection (4), shall be payable and paid upon the purchase price or value of any immovable property, whether freehold or held from Government upon quitrent or other leasehold tenure, sold or otherwise alienated or transferred. 
(2) Transfer duty shall be payable by- (a) the purchaser of any such property; [...]
(4) The rate of transfer duty referred to in subsection (3) shall-
 (a)   in the case of a transaction involving any immovable property sold or alienated-
  (i)   where the person liable to pay the duty is a citizen of Botswana, be P5 per centum; and
  (ii)   where the person liable to pay the duty is not a citizen of Botswana, P30 per centum;
  (iii)   where the person liable to pay the duty is an entity which is neither a natural person nor a company, P5 per centum; and
 (b)   in the case of a customary land grant, be calculated on the aggregate rental payable or on the value of the immovable property leased, whichever is greater.[...]
(6) For the purposes of this section-
"agricultural land" means any land, other than land in a township, used or capable of being used for the purposes of agriculture or horticulture or for breeding or keeping domestic animals, poultry or bees;
"citizen of Botswana" includes a company incorporated in Botswana and of which a majority of every class of equity shares is held by citizens of Botswana.
3. Certain share dealings to constitute transactions involving agricultural land
Where the effect of the issue of any shares in any company or a change in the beneficial ownership of any of the issued shares in any company is to pass the control of or entitlement to benefit from any agricultural land from one person to another, such issue of shares or change in beneficial ownership shall constitute a transaction involving agricultural land for the purposes of section 2.[...]" (CHAPTER 53:01 TRANSFER DUTY Act of 1891)
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"The Botswana Unified Revenue Service (“BURS”) has published Guidelines to the Transfer Duty Amendment Act 5 of 2023 (“Amendment Act”), as follows:
1) Introduction [Paragraph A] [...]
b) The Amendment Act addressed the implementation challenges of the Transfer Duty Act 6 of 2003 (“Act”). The challenges include:
i) The requirement for new allocations of state and tribal land to be subject to the Act;
ii) The impact of the 30% transfer duty payable by non-citizens on transfer of immoveable property;	
iii) The cost implication on many of the citizens especially that the Act requires transfer duty to be paid on tribal land; and	
iv) Provision of valuation reports for all transactions irrespective of exemption status.
[...]
4) Change in rate for non-citizens [Paragraph E]
The amendment Act introduces a reduction in the rate of transfer duty to non-citizens from 30% to 10% of the purchase price or value of property up to 2 million pula (“P”), and 15% of the purchase price or value of property in excess over P2 million[...]' (Botswana: Unified Revenue Service – Guidelines for the Transfer Duty Amendment Act, 2023, dated 10 May 2023) 
-----------------
"2. Interpretation
 In this Act, unless the context otherwise requires-[...]
"tribal land" means land in a tribal area and, subject to the provisions of the Mines and Minerals Act (Cap. 66:01), the Water Act (Cap. 34:01) and the Mineral Rights in Tribal Territories Act (Cap. 66:02), includes any interest in land and anything which is either artificially or naturally attached to the land and which, by operation of the common law, accedes to it;
[...]
4. Vesting of tribal land in Land Boards
All the rights and title to land in each tribal area listed in the first column of Schedule 1 shall continue to vest in the Land Board set out in relation to it in the second column of the Schedule, in trust for the benefit and advantage of the citizens of Botswana and for the purpose of promoting the economic and social development of all the peoples of Botswana.
[...]
5. Powers and functions of Land Boards
 (1) All the powers previously vested in a Land Board and a subordinate Land Board under the repealed Act in relation to land, including-
 (a) the granting of rights to use any land;  (b) the cancellation of the grant of any rights to use any land;  (c) the imposition of restrictions on the use of tribal land;  (d) the authorising of any change of use of tribal land; or (e) the authorising of any transfer of tribal land,
shall vest in and be performed by a Land Board acting in accordance with powers conferred on it by or under this Act.
 (2) Notwithstanding the generality of the provisions of subsection (1) each Land Board shall- [...] (b) ensure the equitable distribution of land to citizens of Botswana in a manner that ensures sustainable development and the protection of natural resources;[...]
(3) A Land Board may, subject to the approval of the Minister, authorise any person in writing to exercise any of the powers conferred upon the Land Board by this Act.
[...]
24. Grant of land to non-citizens
No Land Board or subordinate Land Board shall grant any land under this Part to any person who is not a citizen of Botswana, unless that person has been specially exempted, or is a member of any class of persons who have been specially exempted, by the Minister in writing from the provisions of this section: Provided that where the Land Board makes a grant of land to a non-citizen, such grant may only be by way of common law lease.[...]" (Tribal Land Act No. 1 of 2018).
CHAPTER 32:11 LAND CONTROL Act of 1975, as amended
CHAPTER 53:01 TRANSFER DUTY Act of 1891, as amended
Botswana: Unified Revenue Service – Guidelines for the Transfer Duty Amendment Act, 2023, dated 10 May 2023
Tribal Land Act No. 1 of 2018
[<a href="http://extwprlegs1.fao.org/docs/pdf/bot39063.pdf">Act</a>],[<a href="https://static1.squarespace.com/static/5f4d03f526204108be03058b/t/604b7f4adbb94f7623d95262/1615560524283/Transfer+Duty+Act+ch53-01.pdf">Act</a>],[<a href="http://faolex.fao.org/docs/pdf/bot204211.pdf">Act</a>],[<a href="www.burs.org.bw">Guideline</a>]