24 May 2022

While there are people who feel strongly that democracy has stripped the institution of bogosi of its powers and that it should be given more powers, there is a school of thought that is opposed to the idea. A resident of Paje village, Mr Gamontle Monyaku expressed worry that overwhelming Magosi with many responsibilities, including presiding over cases, could violate Section 5 of the constitution of Botswana which protects the right to personal liberty.

According to him a substantial number of dikgosi did not have the required understanding of the law. To this end, Mr Monyaku submitted before the Presidential Commission of Inquiry into the Review of the Constitution during a kgotla meeting in here yesterday that dikgosi should be excused from presiding cases.

“Customary courts should have trained judicial officers,” he said. He opined further that the customary court was ultra vires Section 10 of the constitution which gave offenders the right to legal representation. He thus called for the amendment of this piece of legislation to allow accused persons the liberty to seek legal representation of their choice. Kgosi Nagano Martin had earlier on in his welcome address expressed his misgivings dikgosi venturing into politics saying that often divided the tribe.

The law, he contended should ban dikgosi from joining politics. “A kgosi who forces his way into politics should forgo his position for good,” he submitted. He was of the view that Ntlo ya Dikgosi should be charged with the responsibility to arbitrate in all disputes over Bogosi before such matters could be escalated to the minister.

Another resident, Mr Katholo Tapologo told the commission that his wish was to have direct election of the president and that that president nominated his/her second-in-command. Also, he said, he would like dikgosi to be the ones that appoint cabinet ministers and that the latter should be hired on a contract basis. He also called for full return to culture.

“A dingwao jaaka Bogwera le Bojale di boele le puso e di eme nokeng,” he said, calling on the government to revive and sponsor initiation schools. Like many others who have spoken elsewhere d murder, Mr Alfred Bogosi said people charged with serious crime such as murder, rape and armed robbery must be denied bail.

He also said abortion should be abolished save when done at the instigation of a qualified medical officer. He also said the law should ban same-sex relationships.
“A go nne ka fa molaong gore e nne molato go thakanna dikobo ka bong bo le bongwefela, re seka ra letlelela selo ka ga se Ngwao ya rona le fa go ka bo go dirwa kwa mahatsheng a mangwe,” he said. For his part,

Mr Monkatswi Tiroyamodimo, a youth, said he wanted the constitution to recognise all existing tribes in Botswana and that a representative in the form of Kgosikgolo should represent each morafe at Ntlo ya Dikgosi.

As much as he embraced the idea to review the constitution,  Mr Tiroyamodimo suggested it should bind the administration to implement the recommendations of the commission. Kgosi Olwetswe Pompi wanted the law to extend compensation to farmers whose crop was destroyed by baboons and kudu.

During the interest groups session, Mr Batsweleng Batsweleng of Integrated Production Farms Group said the constitution should bind the government to prioritise land reforms for better food production to be realised.

Mr Philemon Bapedi who spoke on behalf of the youth said the constitution should force the government to give young people unemployment benefits in the form of cash every month. A member of the Village Development Committee (VDC), Mr Thaka Baboneg called for its transformation.

He told the commission that VDC should operate at the level of land boards, and its members remunerated. “We submit here also that VDC membership tenure should be five years,” he said adding that people with disability who wanted to become VDC members should be exempt from contesting for positions and be allowed free entry. He also proposed that the position of treasurer in the VDC should be reserved for people with knowledge in accounting and related disciples. ENDS