30 Jan 2024

The Constitution makes provision for Bills that have to be referred to Ntlo Ya Dikgosi after they have been introduced in the National Assembly, Assistant Minister of Local Government and Rural Development Ms Talita has said.

Ms Monnakgotla who was answering a question during a session of Ntlo Ya Dikgosi on Monday said section 77(1) of the Constitution established Ntlo Ya Dikgosi whilst section 88 (2) of the constitution made provision for Bills to be referred to Ntlo Ya Dikgosi.

She said the section provided that the National Assembly shall not proceed upon any Bill (including any amendment to a Bill) that might in the opinion of the person presiding, would if enacted alter any of the provisions of the constitution or affect the designation, recognition, removal of powers of Dikgosi or Dikgosana,

“It might also not affect the organisation, powers or administration of customary courts, or customary law, or the ascertainment or recording of customary law, tribal organisation or tribal property, unless a copy of the Bill had been referred to the Ntlo Ya Dikgosi after it had been introduced in the National Assembly, and a period of 30 days had elapsed from the date when the copy of the Bill was referred to the Ntlo Ya Dikgosi,” said Ms Monnakgotla.

She said the role of the Ntlo Ya Dikgosi in relation to legislation was further provided for in section 85 (5) of the constitution which entitled Ntlo Ya Dikgosi to discuss any matter within the legislative authority of Botswana which it considers to be desirable to be taken cognizance of in the interests of the tribes and tribal organisations it represents.

She said if there were issues that the House had, it could then make representations of such issues to the President, or send messages thereon to the National Assembly.

Kgosi Sibangani Mosojane of North East had asked the Minister for State President to explain type of Bills which could be referred to Ntlo Ya Dikgosi before going through to the National Assembly and further explain why there are disparities regarding the referral of Bills to Ntlo Ya Dikgosi. ENDS