24 Jul 2013

Vice President, Dr Ponatshego Kedikilwe says the number of headmen of arbitration who receive allowances should be uniform across the country.

Debating the Customary Courts (Amendment) Bill on July 23, Dr Kedikilwe says it was disturbing to note that some villages have more than one headman of arbitration receiving allowances while there are none in other villages.

Dr Kedikilwe said this created jealousy and animosity and leads to low morale and motivation at the work place.

The Vice President said there was need to recognise some villages which are led by headmen of arbitration who inherited the posts.

He further called upon the Minister of Local Government and Rural Development to assist some villages which have not been upgraded to headmen of records to be given official stamps to enable the community to authenticate their documents without the need to travel to other villages with stamps.

Under the amended bill, district commissioners would no longer review cases from customary courts, and Dr Kedikilwe, who is also the MP for Mmadinare, said this was a welcomed development as it would remove delays in the provision of justice.

He further said he was happy as the fines have been increased from P50 and P100 to P500 and P1 000 respectively, saying this was a welcomed development as P50 was no longer a hefty fine.

The VP further acknowledged the minister’s efforts in trying to solve conflict between pastoral and arable farmers by taking the issue to Ntlo ya Dikgosi for discussion.

He said it was currently difficult to bring peace between cattle owners and arable farmer as the former usually fails to compensate for crops destroyed by their domestic animals.

For his part, the MP for Tonota, Mr Pono Moatlhodi said headmen of arbitration deserve to be paid as they play an important role in community building.

The MP, who is also the Deputy Speaker, said the P8 million which was approved by Parliament for purchase of blankets should instead be used to pay allowances for headmen of arbitration.

The Minister of Local Government and Rural Development, Mr Peter Siele, on a point of correction, said P13 million would be needed to pay 351 headmen of arbitration across the country who do not receive allowances.

Mr Moatlhodi said he was disheartened by the manner in which the headmen are treated, saying even in their death they do not get the respect they deserve, adding that they should be given state funeral.

He said since the headmen of arbitration are not recognised in the constitution, it means they are illegally squatting at dikgotla, which are also under resourced.

MP Moatlhodi said he was also happy with the decision taken regarding district commissioners, saying their review of customary court cases seemed as if they were undermining dikgosi. He said they also seemed to work against the wheels of justice as they turned over the sentences imposed on culprits.

He said dikgosi deserve to be treated with respect and given all the dignity they deserve because the democratic principles which the nation is fond of are built on the traditional foundations of which dikgosi are the cornerstones.

The MP for Lobatse, Mr Nehemiah Modubule said under the proposed amendment, court presidents have been placed at par with headmen of arbitration, saying this was not going to augur well with customary courts in urban areas.

He said court presidents are equivalent to deputy dikgosi, and that their cases have all along been referred to the Customary Court of Appeal.

Mr Modubule said under the proposed amendments, there is going to be a long chain as cases from court presidents would have to go through dikgosi before being taken to the Customary Court of Appeal. He added that there were no clear definitions of court presidents.

The MP for Molepolole North, Mr Gaotlhaetse Matlhabaphiri said headmen of arbitration are known as dikgosi in their respective villages, adding they do not have powers they had before and as such they have a limit in the sentences they can impose on culprits.

The MP for Serowe South, Dr Pelonomi Venson-Moitoi said the bill was important as it sought to improve the lives of the people, especially those in the rural areas.

She said the availability of headmen of arbitration has seen a number of cases being resolved without the need for them to be taken to customary courts.

The role of headmen of arbitration, she said, should not be ignored as they are the peace makers and their mediation efforts pay dividends.

She urged the minister to increase the number of those receiving allowances given the important role they play.

Dr Venson-Moitoi said her constituents want to revert to the olden days when people were lashed on their backs and not buttocks. She said even women who are involved in illegal practices should be lashed.

Dr Venson-Moitoi said a number of countries abolished bogosi when they attained independence, but that later they realised its importance and restored it.

Supporting the bill, the MP for Moshupa, Mr Mokgweetsi Masisi said headmen of arbitration play an important role in bringing peace in the village in accordance with traditional practices.

MP Masisi also said district commissioners should no longer review cases as this caused confusion and mistrust that the bogosi were undermined.

He said he was happy with the increase in the fines, saying there was still room for improvement although they would need to be reviewed in the medium term.

Mr Masisi agreed that dikgosi should not have limits in the number of lashes imposed, saying they were responsible enough not to impose irregular sentences.

The MP for Kanye South, Mr Abram Kesupile wondered why personnel at higher and lower customary courts received the same salaries although they were not at par in status.

The Kanye South MP said he does not understand how a kgosi can oversee courts under his jurisdiction, but does not have the power to review the cases but only refer them to a higher customary court.

The MP for Letlhakeng East, Mr Liakat Kablay welcomed the bill, saying the establishment of court bailiffs would help improve efficiency at the kgotla.

He, however, said it was important for court bailiffs to be properly trained in order for them to effectively deliver on their mandate.

Mr Kablay said a number of headmen have complained that they cannot improve their lives as they cannot access financial institutions yet some do get loans from commercial banks.

He said dikgosi have the perception that they are not respected as the government does not assist them by facilitating loans for them, adding the headmen do not have salary advice receipts hence they cannot be given loans.

MP Kablay said, however, the headmen of arbitration play an important role in building peace in the community, but that they are not properly resourced as they do not have offices.

The MP for Kgatleng East, Mr Isaac Mabiletsa compared the Customary Court (Amendment) Bill with the Bogosi Act under which a kgosi can retire or work on a contract, and said he was against it.

He said a number of dikgosi have been to school, especially the paramount chiefs but those appointed senior chiefs representatives need to be trained in court procedures.

Mr Mabiletsa said the bill should have empowered dikgosi, and that their appointments should be on a permanent basis.

The MP for Kanye, Mr Kentse Rammidi said the minister should not be the one taking disciplinary action against dikgosi, but rather there should be a panel.

The MP said dikgosi were dealing with civil liberties hence it was important for them to be trained before they resume their duties in order to avoid cases where the rights of offenders are trampled upon.

He further said the number of lashes should be limited as some people are cruel. ENDS