Botswana

The law requires the owner or operator of a public place or public transit vehicle to post “no smoking” signs that are at least 19cm by 19cm. The law additionally requires posting of signs designating the areas where smoking is permitted. Failure to post required signs results in a fine of P1,000 for an individual owner or P10,000 for a corporate entity.

To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, fines imposed under the law should increase for repeated violations, and the law should consider administrative sanctions such as the suspension of business licenses.

There is no duty imposed upon business owners, employers, or supervisors to remove ashtrays from the premises.

To align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should impose a duty upon the owner, manager, or other person in charge of the premises to remove ashtrays from the premises.

The law requires an owner or operator of a public place, workplace, or public service vehicle to take reasonable steps to ensure that no person smokes in the premises. These steps include: asking the person to stop smoking, demanding that the person leave the premises (or in the case of a public transit vehicle, that they exit at the next practicable stop), and seeking the assistance of law enforcement in removing the offending person.

Failure to take reasonable steps to stop someone from smoking results in a fine of P1,000 for an individual owner or P10,000 for a corporate entity. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, fines imposed under the law should increase for repeated violations, and the law should consider administrative sanctions such as the suspension of business licenses.

Employers have a duty to investigate complaints received within 10 days of receipt. They must also take steps to resolve the complaint. Failure to comply with these requirements results in a fine of P1,000 for an individual owner or P10,000 for a corporate entity.

The law imposes a duty on smokers to take all reasonable measures to ensure others are protected from exposure to tobacco smoke. Failure to do so results in a fine of P1,000. To fully align with FCTC Art. 8 and the FCTC Art. 8 Guidelines, the law should emphasize that there is a duty imposed upon smokers not to smoke where prohibited. Also, fines imposed under the law should increase for repeated violations.