Territorial extent Whole of Botswana Committee report Balopi Commission | Date commenced 30 April 2008 | |
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Citation CAP 41:01, Act 9 of 2008 Enacted by National Assembly of Botswana Bill Bogosi Bill, No. 13 of 2007 | ||
The Bogosi Act is a piece of legislation in Botswana that defines the office of bogosi or "chieftainship" among Botswana's various tribes. The act was written in response to the Balopi Commission recommendation that the Constitution of Botswana replace all references of the word "chief" to the Setswana word kgosi. The Bogosi Act replaces the earlier Chieftainship Act of 1987.
Contents
History
Outcry from minority tribes in Botswana such as the Wayeyi pushed President Festus Mogae to create the Balopi Commission on 28 July 2000 to investigate tribal discrimination. The commission found that the structure of the House of Chiefs of Botswana, later renamed Ntlo ya Dikgosi, "tended to be discriminatory". In response, the Bogosi Bill was passed, creating the Bogosi Act.
Content
The Bogosi Act defines the institution of bogosi or tribal chieftainship. A kgosi (plural: dikgosi) is the tribal leader and has the following functions:
The dikgosi of the eight main Batswana tribes automatically become members of the Ntlo ya Dikgosi, an advisory body to the Parliament of Botswana.
Reaction
The act has been criticised by tribal leaders because of the limitations on the powers of a kgosi. In 2010, Kgosi Kgafela II of the Kgatla tribe was accused of flogging, but he argued that dikgosi have immunity to the state's jurisdiction. The Botswana High Court dismissed the case on 11 May 2011, claiming that "dikgosi cannot act outside the constitution and laws prescribed by Parliament when all other functionaries of the state act within the statutory limitations." To avoid the legal costs of the case, Kgafela moved to Moruleng, South Africa.