BIV Raises Comments On Gazetted Local Government Act Rating And Valuation Regulations
by Donald Mengwe, Bsc (Hons) Estate management
DECEMBER 23, 2022
In May 2019 the Honourable Minister of Local Government and Rural Development Local Government gazette the Valuation and Rating Regulations, 2019 under the Local Government Act, 2012. Botswana Institute of Valuers as an advocacy body for the valuers’ profession with an interest in upholding high professional standards and a stakeholder in land administration submitted comments for consideration by the Honourable Minister in June 2019.

In preparing the dossier for submission to the Honourable Minister , BIV subjected the regulations to the principles of good tax policy viz Equity and fairness, Certainty, Economy, Simplicity, Neutrality and Visibility. It was further asserted that an effective tax system adheres to the above mentioned principles and failure to do so risks mobilization of public protest or resistance and the tax authority will fail to raise the revenue in liberal democracy such as ours, where citizens are allowed civil liberties and therefore to bargain with the state. BIV made the following observations ;.
There is no oversight authority for government valuation requirements to benefit from economies of scale, uniformity, single structure for dealing with tax payers etc
The regulations are not explicit on what is taxable property and who is liable for the tax.
The proposed legal framework does not indicate how the tax burden will be distributed amongst ratepayers.
The Local Government Act,2012 restricts levying of rates to commercial and industrial properties exempting residential properties in rural areas. This is contrary to the principle of neutrality thus favouring one industry (residential property investment) over another (commercial and industrial property investment) which would lead to distortions or behavioral change.


BIV emphasised that a comprehensive analysis of the regulations was not undertaken on account of time constraints. Notwithstanding this hindrance, BIV suggested that on the basis of the shortcomings highlighted the Honourable Minister should withdraw the regulations and go back to the drawing board and develop an enabling law by seeking technical assistance and through consultations with all stakeholders.