20 Feb 2022

People are fed up with animal rustlers and want the law to make their prosecution quick and precise. When presenting before the Presidential Commission of Enquiry into the Review of the Constitution recently Mmathethe resident would not bat an eye in their call for livestock rustling matters to be adjudicated over by dikgosi.

This, they said would guarantee punishment of perpetrators as magosi were familiar with cattle colours in Setswana and ear-marks, which often proved to be a chore for common-law courts, which owing to their incapacity to understand these critical aspects, often freed offenders.

They said with one voice that it was disheartening to realise that livestock rustlers could always opt for their matter to be heard by a common-law court, where the aggrieved, being poor on the main, could not afford lawyers.

Ms Gabanthate Kemoabe called for the review of the Children’ Act a return of flogging on the back, which he said would curb rising delinquent behavior among children.

Kgosi Moatlhodi Kgwakgwe of Digawana proposed that the constitution should recognise the welfare of dikgosi suggesting that they should be entitled to some benefits enjoyed by ministers as they were equally an important link between the state and their communities. 

The government, he said should consider incentives such as payment of allowances for dikgosi, who he said sacrificed their time and resources to serve their communities even during odd hours. “We want allowances just like ministers because we attend community activities during weekends and public holidays using our own resources.

The government should appreciate our contribution towards community development,” he added. Kgosi Kgwakgwe said during the national lock down, they worked jointly with school heads to issue movement permits to the public and surprisingly, school heads were paid overtime while dikgosi did not benefit.

He also called for an establishment of a new ministry responsible for art and culture matters arguing that the current ministry of Youth Empowerment, Sport and Culture Development was overwhelmed especially with issues of youth.

The new ministry, he said, would be charged with preservation and promotion of tradition and culture adding the ministry should be led by one of the traditional leaders as the custodian of culture.

Kgosi Kgwagwe also proposed that the constitution should empower Ntlo ya Dikgosi to formulate polices and laws just like Parliament. While he appreciated that the house acted as an advisory body to the Parliament, he noted it was it did not have powers to formulate bills affecting tribal organisations and customary law, among others.

Another speaker, Mr Odirile Abram proposed that the tenure of office for political leaders such as councillors and MPs should be reviewed, adding they should hold office for a minimum of 10 years. He argued that five years was not enough for them to deliver to expectation.

He also suggested that the law must make it mandatory for dikgosi to retire upon attainment of age 70.

Earlier in his welcome remarks, Kgosi Reuben Mosala of Mmathethe proposed that law must grant sole jurisdiction of livestock ruslting matters to magosi as they understood the language and markings used for identification of animals better that common-law courts that tended to be confused by the language, with the result they ended up freeing offenders.

He also said dikgosi were multi-tasked and yet under resourced. He thus called for the constitution to recognise their contribution and welfare. ENDS