Bogosi Act Explained

Short Title:	Bogosi Act
Long Title:	An Act to re-enact with amendments the provisions relating to Bogosi and matters incidental thereto or connected therewith.
Citation:	CAP 41:01, Act 9 of 2008
Territorial Extent:	Whole of Botswana
Enacted By:	National Assembly of Botswana
Date Commenced:	30 April 2008
Bill:	Bogosi Bill, No. 13 of 2007
White Paper:	Government White Paper No. 1 of 2001, Government White Paper No. 2 of 2002
Committee Report:	Balopi Commission
Repeals:	Chieftainship Act

The Bogosi Act is a piece of legislation in Botswana that defines the office of Tswana: bogosi or "chieftainship" among Botswana's various tribes. The act was written in response to the Balopi Commission recommendation that the Constitution of Botswana replace all references of the word "chief" to the Setswana word kgosi. The Bogosi Act replaces the earlier Chieftainship Act of 1987.^[1]

History

Outcry from minority tribes in Botswana such as the Wayeyi pushed President Festus Mogae to create the Balopi Commission on 28 July 2000 to investigate tribal discrimination. The commission found that the structure of the House of Chiefs of Botswana, later renamed Ntlo ya Dikgosi, "tended to be discriminatory".^[2] In response, the Bogosi Bill was passed, creating the Bogosi Act.

Content

The Bogosi Act defines the institution of bogosi or tribal chieftainship. A kgosi (plural: dikgosi) is the tribal leader and has the following functions:

• to exercise his or her powers under this Act to promote the welfare of the members of his or her tribe;
• to carry out any lawful instructions given to him or her by the Minister;
• to convene kgotla meetings to obtain advice as to the exercise of his or her functions under this Act;
• to arrange tribal ceremonies;
• to preside over cases in terms of the warrant of his or her court issued under the Customary Courts Act; and
• to perform such other functions as may be conferred on him or her by or under this Act or any other enactment.^[3]

The dikgosi of the eight main Batswana tribes automatically become members of the Ntlo ya Dikgosi, an advisory body to the Parliament of Botswana.

Reaction

The act has been criticised by tribal leaders because of the limitations on the powers of a kgosi.^[4] In 2010, Kgosi Kgafela II of the Kgatla tribe was accused of flogging, but he argued that dikgosi have immunity to the state's jurisdiction. The Botswana High Court dismissed the case on 11 May 2011, claiming that "dikgosi cannot act outside the constitution and laws prescribed by Parliament when all other functionaries of the state act within the statutory limitations."^[5] To avoid the legal costs of the case, Kgafela moved to Moruleng, South Africa.^[6]

See also

• Balopi Commission
• Ntlo ya Dikgosi
• Kgosi

External links

• Full text of the Bogosi Act
• Chieftainship Act, the act that the Bogosi Act replaced

Notes and References

1. Web site: Botswana - Bogosi Act (Chapter 41:01).. www.ilo.org. 2020-05-29.
2. Book: Reinventing African Chieftaincy in the Age of AIDS, Gender, Governance, and Development. Ray. Donald I.. Quinlan. Tim. Sharma. Keshav. Clarke. Tacita A.O.. Africa, Missing Voices. 8. 2011. University of Calgary Press. Calgary. 978-1-55238-537-1. 1703-1826. 26 July 2012. https://web.archive.org/web/20150209130830/http://dspace.ucalgary.ca/bitstream/1880/48426/5/UofCPress_AfricanChieftaincy_2011.pdf. 9 February 2015. live. The Role of the House of Chiefs (Ntlo ya Dikgosi) in Botswana. https://www.webcitation.org/69QrtpEfo?url=http://dspace.ucalgary.ca/bitstream/1880/48426/24/UofCPress_AfricanChieftaincy_2011_Chapter16.pdf . 1880/48426 . free.
3. Web site: Bogosi Act . Government of Botswana . 30 April 2008 . 18 July 2012 . https://web.archive.org/web/20160303213607/http://faolex.fao.org/docs/pdf/bot91578.pdf . 3 March 2016 . dead .
4. Web site: Dikgosi wants constitution to restore their powers . Gabzfm . 3 November 2011 . 18 July 2012 . https://archive.today/20120718035028/http://gabzfmnews.wordpress.com/2011/11/03/dikgosi-wants-constitution-to-restore-their-powers/ . 18 July 2012 . dead .
5. Book: Gulbrandsen, Ørnulf. The State and the Social: State Formation in Botswana and Its Pre-Colonial and Colonial Genealogies. March 2012. Berghahn Books. 9780857452979. 343. New York City. 2011037469.
6. Web site: Letswamotse. Phaladi. Kgafela is broke. 18 April 2012. 18 July 2012. https://archive.today/20130123232202/http://www.gazettebw.com/index.php?option=com_content&view=article&id=13097:kgafela-is-broke&catid=18:headlines&Itemid=2. 2013-01-23. The Botswana Gazette. dead.