3.       Ownership of minerals vested in Republic

            Subject to the provision of the Mineral Rights in Cap. 66.02 Tribal Territories Act, all rights of ownership in minerals are vested in the Republic and the the Minister shall ensure, in the public interest, that the mineral resources of the Republic are investigated and exploited in the most efficient, beneficial and timely manner.

4.       Act not to apply to petroleum

            No right to explore for or produce petroleum (as defined in section 2 of the Petroleum Cap. 67.01 (Exploration and Production) Act) shall be granted or exercised under this Act.

5. Acquisition of mineral concession

(1) Subject to the provisions of this Act, the right to prospect for, to retain and to mine, minerals may be acquired and held only under and in accordance with the provisions of this Act, notwithstanding any right of ownership or otherwise which any person may possess in and to the soil on, in or under which minerals are found or situate.

(2) No person may prospect for or mine minerals except as provided in this Act.

(3) Nothing in this Act shall prevent a member of any tribe from taking, subject to such conditions and restrictions as may be prescribed, minerals from any land from which it has been the custom of members of that tribe to take minerals and to the extent that this is permissible under the customary law of that tribe.

(4) Notwithstanding the provisions of this Act, the Minister may, in the public interest and subject to such conditions as he may determine, authorize any person to undertake non commercial investigations into the geological resources of Botswana.

6. Restriction on acquisition of mineral concession

No mineral concession shall be granted to or held by-

(a) an individual who-

(i) is under the age of 18 years;

(ii) not being a citizen of Botswana, has not been ordinarily resident in Botswana for a period of four years or such other period as may be prescribed;

(iii) is or becomes an undischarged bankrupt, having been adjudged or otherwise declared bankrupt, whether under the laws of Botswana or elsewhere; or

(iv) has been convicted, within the previous 10 years, of any offence of which dishonesty is an element, or of any offence under this Act, any related or similar Act, or any similar written law in force outside Botswana, and has been sentenced to imprisonment without the option of a fine or to a fine exceeding P1000 or the equivalent thereof;

(b) a company-

(i) which has not established a domicilium citandi et executandi in Botswana;

(ii) unless, in the case of a mining licence, such company is incorporated under the Companies Act, and intends to carry on the sole business of mining under that mining licence;

(iii) which is in liquidation or under judicial management except where such liquidation or judicial management is a part of a scheme for the reconstruction or amalgamation of such company; or

(iv) which has among its directors or shareholders any person who would be disqualified in terms of paragraph (a)(iii) and (iv).