CHAPTER 41:01
BOGOSI

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Recognition of tribes

 

   3.   Recognition of tribes

 

 

 

PART III
Recognition and Removal of Dikgosi

 

   4.   Who is a Kgosi

 

   5.   Recognition of Kgosi

 

   6.   Tribe to designate successor

 

   7.   Appointment of Motshwarelela Bogosi

 

   8.   Termination of appointment of Motshwarelela Bogosi

 

   9.   Judicial Commission to be appointed in case of doubt

 

   10.   Mothusa Kgosi

 

   11.   Temporary absence or incapacity of Kgosi

 

   12.   Incapacity of Kgosi or Mothusa Kgosi

 

   13.   Removal of Kgosi

 

   14.   Appeal against decision of Minister

 

   15.   Withdrawal of recognition from Kgosi

 

   16.   Appointment of person to act in place of suspended Kgosi

 

 

 

PART IV
Functions of Dikgosi

 

   17.   Functions of Dikgosi

 

   18.   Admission of membership into tribe

 

   19.   Prevention of crime

 

   20.   Directions by Minister

 

 

 

PART V
Dikgosi and Dikgosana

 

   21.   Recognition of Kgosi by tribal community

 

   22.   Kgosana and Moemela Kgosi

 

 

 

PART VI
General and Supplementary Provisions

 

   23.   Tenure of office of Dikgosi

 

   24.   Training of Dikgosi

 

   25.   Undermining powers of Dikgosi

 

   26.   Prohibition of persons purporting to act as Dikgosi, etc.

 

   27.   Jurisdiction of courts in Bogosi matters

 

   28.   Regulations

 

   29.   Repeal of Cap. 41:01

 

   30.   Savings

 

 

Act 9, 2008.

An Act to re-enact with amendments the provisions relating to Bogosi and matters incidental thereto or connected therewith.

[Date of Commencement: 30th April, 2008]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Bogosi Act.

 

2.   Interpretation

   (1) In this Act, unless the context otherwise requires-

   "Bogosi" means the institution of traditional leadership or the position of Kgosi;

   "customary law" means, in relation to any tribe or tribal community, the general law or custom of such tribe or community except in so far as such law or custom is repugnant to morality, humanity or natural justice, or injurious to the welfare of members thereof or repugnant to the Constitution or any other enactment;

   "Judicial Commission" means, one or more Commissioners appointed by a Commission issued under the Commissions of Inquiry Act, the Commissioner or, if there is more than one Commissioner, the Chairperson of the Commissioners, being a person who holds or has held a high judicial office;

   "Kgosana" means a person recognised as such in terms of section 22 (1);

   "Kgosi" means a person so designated by the tribe and recognised as such by the Minister under section 4;

   "kgotla" means the customary meeting place of a tribe or tribal community for the discussion, in terms of customary law, of matters of tribal or communal concern;

   "Moemela Kgosi" means Kgosi's representative appointed under section 22 (2);

   "Mothusa Kgosi" means a person appointed as such in terms of section 10;

   "Motshwarelela Bogosi" has the meaning assigned to it under section 7;

   "senior member of the tribe" means the person who, according to customary law of that tribe, is responsible for the tribe in the absence of the Kgosi;

   "tribal area" means the area inhabited by a tribe, whether within or outside of a tribal territory;

   "tribal community" means any community or ethnic group, whether or not living within a tribal territory, which is organised in a tribal manner;

   "tribal territory" means any territory defined as such in the Tribal Territories Act, and includes the territory defined in Schedule B to the Botswana Boundaries Act;

   "tribe" means any tribal community in existence and recognised as a tribe immediately before the commencement of this Act and includes such other tribal communities as may be so recognised under section 3.

   (2) A reference in any enactment to "Chief", "Sub-Chief" or any other variant in the nomenclature of "Chief" or "Sub-Chief" shall be construed as a reference to "Kgosi" or any appropriate variation in the nomenclature of "Kgosi".

PART II
Recognition of tribes (s 3)

 

3.   Recognition of tribes

   (1) The Minister, after consulting a tribal community in its Kgotla, may recognise that tribal community as a tribe.

   (2) In deciding whether a tribal community shall be recognised as a tribe, the Minister shall take into account the history, origins, and organisational structure of the community, and any other relevant matters.

PART III
Recognition and Removal of Dikgosi (ss 4-16)

 

4.   Who is a Kgosi

   A Kgosi is an individual who-

 

   (a)   possesses such minimum educational qualifications as may be prescribed from time to time;

 

   (b)   has been designated as Kgosi under section 6; and

 

   (c)   is recognised as a Kgosi by

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