04 Nov 2025

The Maun High Court has ruled in favour of Lawrence Liswaani Sinvula III, allowing him to continue serving as the Paramount Chief of the Basubiya tribe while his application challenging the Minister of Local Government and Traditional Affairs’ decision to derecognize him is reviewed.

In delivering the judgement on Tuesday, Justice Godfrey Nthomiwa of the Maun High Court described the ministry’s decision as unlawful and unreasonable noting that it was taken without the necessary consultations mandated by the Bogosi Act.

“The decision to derecognise the chief offended the principles of legality, fairness, and administrative justice that underpin our constitutional democracy hence it is the respondent’s approach that must be subjected to review,” he said.

The case stems from a 12 September 2025 communication addressed to Chief Sinvula, which clarified that the chief’s appointment would be rectified under Section 21, subsection 1 of the Bogosi Act, instead of Section 6, subsection 2.

The applicant contended that this effectively removed him from his rightful position as Basubiya chief, an action he argued was unlawful, irrational, and unreasonable.

During proceedings, Justice Nthomiwa highlighted that the applicant’s recognition as chief had been lawful and duly acknowledged for two years prior to the ministry’s intervention.

He emphasised that the Bogosi Act does not distinguish between those who are represented at Ntlo ya Dikgosi and those who are not, underlining that the ministry failed to adhere to statutory procedures.

“The Bogosi Act stands as a complete and independent code governing the recognition of tribes and their leaders, it draws no distinction between tribes represented in Ntlo ya Dikgosi and those that are not,” he said.

The judge further noted that the balance of convenience favoured the applicant, adding that the applicant had achieved strong success in the pending review, and the respondent has failed to support their case.

As a result, Chief Sinvula III will continue his duties as Paramount Chief of the Basubiya tribe until the matter is fully reviewed. ENDS