04 Nov 2025

Consultations on the proposed amendments to the Bogosi Act of 2008 and Customary Court Act of 2013 are said to be at an advanced stage.

Since assuming office last year,  Umbrella for Democratic Change (UDC) has been working on several initiatives, including proposed amendments to the Bogosi Act of 2008 and Customary Court Act of 2013.

This saw the minister responsible for Local Government and Traditional Affairs, Mr Ketlhalefile Motshwegwa, and his assistant, Mr Ignatius Moswaane embarking on a nationwide consultation tour, engaging Batswana from all walks of life on the matter.

The exercise, which has received support from different stakeholders, aims to among others, restore the respect and dignity of the institution of Bogosi and assess the relevance of customary law in the present-day Botswana.

Dikgosi across the country have shared with BOPA, their views on the initiative and what they hope it would yield.

Kgosi Goletwang Letsholathebe of Tsau emphasised the necessity of updating the acts, noting the historical importance of dikgosi in Botswana’s journey to independence in 1966.

He recalled the vital contributions of prominent figures such as Kgosi Khama III of Bangwato, Kgosi Sebele I of Bakwena, and Kgosi Bathoen I of Bangwaketse, whose contribution in developing Botswana is well documented.

“Dikgosi are integral to our democracy, and their powers should be restored, free from political interference,” he stated.

He expressed a concern about the current institution of Bogosi, saying their powers had been lessened, all the more reason he thought the exercise was long overdue.

“Dikgosi have been stripped of their powers since independence, and it’s time we reinstated their authority,” he said, emphasising the crucial role traditional leaders played in democracy and the administration of justice and dispute resolution.

Reviewing the acts he reckoned, was a significant step towards promoting good governance, democracy, and the rule of law in Botswana.

Kgosi Letsholathebe wishes to see the duties as appointment and dismissal of traditional leaders, as well as resolution of Bogosi issues being the responsibility of kgosikgolo.

“Our presence is essential, without us, would our society function as it does today? This review comes at a time when many of us were losing hope in our roles as dikgosi,” said Kgosi Rebecca Banika of Pandamatenga when asked to comment about the exercise.

She proposed a referendum that would allow Batswana to decide whether customary courts should try all criminal cases, citing their accessibility and convenience which made it easier for parties to attend.

Kgosi Banika highlighted the success of customary courts in handling stock theft cases, which Batswana have long requested, adding that Batswana had trust in their dikgotla, sometimes over modern court, which often required lengthy and costly travel.

By giving customary court’s jurisdiction over more cases, Kgosi Banika believed that justice could be more accessible and efficient for the people.

The proposal aims to empower the traditional justice system and reduce the burden on modern courts, Kgosi Banika said.

Kgosi Piet Manyoro of Khawa, believed that the proposed changes would enable Basarwa to participate meaningfully in Botswana’s democratic framework.

Similarly, Kgosi Lobatse Beslag of New Xade, called for the review process to be expedited, expressing concern over the neglect of their traditional institutions.

The discussions have also centred on revisiting the salary structures of traditional leaders, with calls for parity with other local authorities.

“Dikgosi, who have served their communities long before independence, deserve better compensation. It is essential that we are valued appropriately for our contributions. This initiative is crucial. It will ensure that traditional leaders enjoy the same rights and benefits as every other citizen of Botswana,”  stated Kgosi Beslag.

As consultations near the end and plans advance, many are hopeful that a new chapter in Botswana’s legal and cultural framework is on the horizon, one that respects tradition while embracing modernisation.

It is expected to have a positive impact on the lives of Batswana, particularly those in rural areas who rely on traditional leaders for support and guidance.

Kgosi Beslag explained that the review of the two acts would promote a more effective and efficient administration of customary law and traditional affairs as well as increase participation and representation of marginalised communities in the democratic process.

In addition, he said it would strengthen social stability and cohesion through the promotion of traditional values and practices.

Minister Motshegwa said the consultation process was almost complete and the review nearing the final stages.

The outcome will not only benefit traditional leaders but the entire nation since it will give prominence and potency to the role of traditional leaders, in modern democracy.

“We are engaging with Batswana to ensure the laws are relevant and effective in addressing contemporary challenges. We had an overwhelming support from communities, with many expressing their views and concerns,” said Mr Motshegwa in a recent interview.

Besides empowering traditional leaders, the review seeks to align the laws with modern realities and make them more relevant to contemporary society.

Through the exercise, the ministry also ensured that the process was inclusive and reflective of the values, aspirations, and evolving governance needs of communities.

Mr Motshegwa explained that to date, the ministry had successfully engaged dikgosi, local leaders, and community members across 29 out of 31 districts and consultations were expected to conclude before the end of the financial year, after which the ministry would consolidate the feedback and submit recommendations to Cabinet for consideration.

“The response has been overwhelmingly positive, with Batswana actively contributing insights on how these laws can be strengthened to preserve cultural identity while aligning with modern governance principles,” said the minister.

“Once the review process is finalised and approved through the legislative framework, the revised acts will be tabled before Parliament for enactment,” Mr Motshegwa added.

In the envisaged Bogosi Act, the title of kgosikgolo would be incorporated into the act because currently, it is not recognised by the act.

It will also look to do away with the title, dikgosana and replace it with a more dignified one.

The Bogosi act in its current state, has a structure as follows; kgosi, mothusa kgosi, moemela kgosi o mogolwane, moemela kgosi and kgosana.

Minister Motshegwa in previous consultative meetings explained that in the envisaged act, the structure would be, kgosikgolo, mothusa kgosikgolo, kgosi, moemela kgosi wa ntlha, moemela kgosi wa bobedi and kgosi ya tetlanyo.

The Customary Court Act guides dikgosi on prosecution issues pertaining to criminal and civil cases hence were consulted on how to best to transform the act, Minister Motshwegwa stated. ENDS