30 Jan 2020

Ntlo ya Dikgosi has rejected a motion calling for the appointment of headmen of arbitration at urban courts.

The motion was tabled by Kgosi Moeti Monyamane of Kgalagadi North region who requested government to appoint headmen of arbitration in urban courts to settle civil disputes before they were taken to deputy court presidents.

Presenting the motion, Kgosi Monyamane said that headmen of Arbitration’s  fundamental principle was to arbitrate between feuding members of the community within particular wards (dikgotla) in order to foster peaceful co-existence hence they were also necessary in urban areas.

He said areas like Ghanzi and Kasane had headmen of arbitration whereas towns like Gaborone, Francistown, Phikwe and Jwaneng did not have, adding that it made it difficult since court presidents were compelled to perform headmen’s duties.

Kgosi Monyamane emphasised the importance of appointing the headmen of arbitration in urban courts because  the deputy court presidents were the ones who settled the disputes but according section 14 of customary court Act,  no member of any customary court shall adjudicate upon any matter or thing in which they were pecuniary or personally interested.

The motion was rejected after being opposed by Kgosi Oscar Mosielele of Moshupa Region and Kgosi Mosadi Seboko of Balete.

When opposing the motion Kgosi Mosielele explained that the urban set up was different from the rural set up because  headmen were normally from the royal house  whereas urban courts did not have paramount chiefs, thus they were led by elected chiefs. He noted that dikgosi in urban areas dealt with different tribes whereas in rural areas they only focused on one tribe thus opposing the motion.

Kgosi Mosadi said customary court presidents performed functions and duties on all fours with that of tribal authorities (Kgosi, Mothusa Kgosi and Moemela Kgosi) however, their privileges were different to those of magosi in rural areas.

“Court president are hired in a different way from magosi in rural areas and they are even transferable just like any other public servant whereas magosi in rural areas are not transferrable and they are hired by Bogosi Act” said Kgosi Seboko.

She also added that there was no act that guided and regulated headmen of arbitration adding that a headmen of arbitration had no authority to take any action against any perpetrator.

The Assistant Minister of local Government and Rural Development, Mr Kgotla Autlwetse said the headmen of arbitration were not in the structure and the ministry together with the high court were analysing ways in which they could solve the issue, without impeding Bogosi. ENDS