29 May 2025

Masunga deputy chief and headman of records, Kgosi Thabo Monaga has called for an urgent review of sections 77, 78, and 79 of the constitution, citing discrimination and outdated provisions. 

His remarks came during a consultation meeting on the review of the Bogosi and Customary Court Acts held in Masunga on Tuesday. In his welcome address, Kgosi Monaga criticised the current sections for limiting recognition to only eight main tribes, thereby neglecting numerous other tribes in Botswana. 

“These sections are discriminatory and no longer reflect our diverse societal makeup. They require immediate revision,” he said.

Assistant Minister of Local Government and Traditional Affairs, Mr Ignatius Moswaane, acknowledged the government’s renewed respect for Dikgosi (Chiefs) and emphasised their crucial role in fostering a democratic society. He observed that traditional institutions were historically undervalued, contributing to confusion about their proper roles and lineage.

Mr Moswaane explained that the review of the Bogosi Act sought to prevent future succession conflicts through measures such as profiling and documenting Bogosi lineages.  A possible Bogosi Tribunal could also be established to handle succession disputes outside of the formal court system. Moreover, Mr Moswaane said that Dikgosi do not retire at age 60 but continued their duties until death or other compelling circumstances arise. 

The review aims to strengthen traditional leadership by clarifying the jurisdiction of customary courts and redefining the institution of Bogosi in a modern democratic context. A discussion on whether Dikgosi should preside over civil and criminal matters took centre stage.  Mr Moswaane indicated that while traditional responsibilities would be expanded, efforts would also be made to uphold and reinforce the authority of Dikgosi. He emphasised that, post-review, Dikgosi would play a vital role in cultural preservation and promotion. Citing religious texts, he asserted that the institution of Bogosi could not be abolished by any government.

Residents showed support for the review, especially those representing tribes excluded from the current constitution. Mr Kumbilani William of Masukwane criticised the exclusion of the Bakalanga tribe and questioned the rationale behind such omissions. He also called for a clearer definition of roles within traditional leadership following the act’s revision.

However, some concerns about process and participation were expressed. Kgosi Thuso Ramokate of Makaleng noted the limited time allocated for Dikgosi in the North East to contribute, suggesting more time for discussion and collective input. Conversely, Kgosi Thabo Maruje III of Masunga defended the process, stating sufficient time had been provided and encouraging written submissions.

Ms Gosego Mmolawa from Kalakamati highlighted gender disparities, calling for the inclusion of women in traditional decision-making processes. She argued for greater representation of women within traditional institutions, emphasising their inherent right to participate in succession and governance.

The draft bill, now with the Attorney General, is expected to be tabled  before Parliament during the winter session. Sections 77, 78, and 79 were first reviewed in 2000 under the instructions of former President Festus Mogae, with the aim of aligning the constitution with contemporary needs and addressing unanticipated issues. ENDS