04 Feb 2022

In heartwarming show of brotherhood, Bahurutshe of Manyana and their Kgosi Kebinatshwene Mosielele joined their siblings in Mankgodi and their kgosi Solofelang Thobega, to present as one, their recommendations for constitutional change. 

Earlier on the 1st of February, the two Magosi, their deputies, magosana, councilors and representatives of various stakeholder groups met to consolidate their suggestions for presentation to the Presidential Commission of Enquiry on Review of the Constitution of Botswana.

They appointed Mr Lesedi Dintwe to present the tribe’s shopping list of proposals.

“In their meeting Bahurutshe expressed concern that the Territories’ Act in its current framing encourages disputes and is contrary to other laws. We want the government to consider repealing the Act as it has been passed by events and serves no purpose other than fueling tribal segregation and malignancies of tribes referred to as minor tribes,” he said.

A clear illogicality of the Act was its ascribing of geographical areas to certain merafe, when in actuality it was land boards that appropriated and managed the land.

The contradiction was compounded by the fact thatthe very land boards would be called by the names of those tribes.

“Ke sone o tlaa fitlhelang go na le bo-Tawana Land Board, Bo Kweneng Landboard jalo jalo,” he said. Further, he argued, the recognition of some merafe as major and others as minor was a source of unending attrition between Botswana’s various tribal groupings as none, was in reality minor to the other.

He said currently the Territories Act failed to recognise merafe such a Bahurutshe as distinct merafe in their own right, with its leadership that was equal to that of ‘major tribes’.

“Ka ha go ntseng ka teng gompieno, kgosi o tsewa hano a ya go nna ha gare ga magosana a Mokwena go twe ba tlhophe moemedi go ya Ntlong ya Dikgosi,” he said, adding the other magosana would surely not vote for the Mohurutshe kgosi because they do not know him.

Similarly the ‘major’ tribes were fidgety about the ‘minor’ tribes observing their rituals and culture as became apparent during the coronation of Kgosi Mosielele of Bahurutsh ba goo Ntsho (Manyana), when his donning of a leopard skin caused conflict between him and Bangwaketse bogosi.

“Ga re meratshwana. Re ka nna fela re se ka fa tlase ga morafe ope,” he said, and added Bahurutshe wanted a constitution that would regard all Batswana as equals and not segregate anyone. To that end, he said, Bahurutshe wanted the act repealed.

Coming to the now guaranteed-to-come and interwoven bogosi/land issue, Mr Dintwe said Bahurutshe wanted the law to reinstitute the allocation of land under tribal Territories to Dikgosi.

“The current model of allocation under Land boards controlled by government officials is not only inefficient but is also breeding ground for corrupt practices as it lacks in all principles of accountability, particularly to the principal owners of the land, who are the people” he said.

He held his tribe yearned for a constitution that would strengthen the prosecutorial role of magosi and level its stature to that of common law, such that litigation under customary law would be fully and extensively explored without having to defer to common law, which remained alien to traditional law.

The morafe, he said, wanted customary courts at various levels all the way to appellate level to be up scaled in standing and stature to equal their common law counterparts.

This, he said, was to avoid instances where appeal matters out of customary courts were transferred to the totally different regime of common law.
“We request further that all cultural or traditional matters be brought under one administrative regiment and not be scattered around central government as currently obtains,” he said.

Currently, it was difficult to advocate anything solid for culture as relevant components were all over government. Cultural matters were housed at the Ministry of Youth Empowerment, Sport and Culture Development; tribal administration at the Ministry of Local Government and Rural Development while Ntlo ya Dikgosi was under the Ministry of Presidential Affairs, Governance and Public Administration, he said.

Mr Dintwe said culture and traditional matters should be designated a specific ministry or dispensation that would govern all cultural and traditional matters; and Ntlo ya Dikgosi should be accorded legislative powers similar to Parliament touches cultural issues.

He said the welfare of traditional leaders must also be reviewed and catered to adequately to prevent a situation where they joined politics for the perks it offered.

“Go lebega puso e ikgatholositse magosi le tsamaiso ya bogosi; ke barongwana hela ba ba pharegilweng hoo…babusi ba dira dikatso tsa bone koo, magosi a rona ga a tlhokomelwe…tona o hiwa koloi, mopalamente o hiwa koloi  mme ga go a nna jalo ka kgosi…a molao-motheo o supe seriti sa bogosi,” he said meaning the law must provide dikgosi with benefits similar to those enjoyed by political leaders, and not treat them as mere messengers.

Other speakers who came after Mr Dintwe rallied behind him.

“ Faang Dikgosi dithata, banana ba kopane le Magosi ba ithute ka ngwao; ngwao e boele. Neelang Dikgosi dithata ngwao ea nyelela,” said Ms Nunu Tladi. She wanted the law to give chiefs power so young people can learn culture from them, and to enable magosi to be true custodians of culture.

Mr Dux Mafoko called for equity in the composition of the Ntlo ya Dikgosi. “A merafe e lekane e emelwe ko Ntlong ya Dikgosi. Re batla go emelwa le go lemogiwa  fela jaaka merafe e megolo, “ he said meaning  all tribes must, in the face of the law, be treated equally and have representation at Ntlo ya Dikgosi.

Mr Tuke Tau pleaded for recognition of all tribes’ cultures, such as the Bahurutshe’s practice of draping their magosi with a leopard’s skin. He said, no tribe should seek the permission of another to do that.  

Kgosi Mmualefhe Dibe said national development without the influence of traditional leadership could only remain a pipe dream.  He called for the constitution to provide for magosi to sit in parliament, so they could be part and parcel of decisions made by parliament. ENDS