EMPOWER DIKGOSI
Says customary law should be given same precedence as modern law Former Minister calls for dikgosi to be given more power
Former Member of Parliament and cabinet minister Peter Siele recently opened a can of worms during a Constitutional Review consultation meeting in Kanye when he called on the government to bring back the powers of dikgosi and ensure that
bogosi and customary law are given the respect and authority they deserves.
This he said would be in line with the traditional customs and roots of Batswana, adding that bogosi be separated from politics as well. The mixing of bogosi and politics has caused a brouhaha in several instances over the years, and Siele said it is high time the government enacted laws that clarify that the two are separate institutions which although can operate concurrently, have different roles and role players.
Siele said that chiefs and traditional leaders were there and did a good job of leading their tribes even way before politics were introduced in the country, and it is unnecessary to dis-empower dikgosi now.
“Leadership of traditional leaders has always been significant in Botswana. Before politics, chiefs were a sole leadership. They were in charge of the welfare of the communities.
“At the time, they brought forth developments such as schools, health facilities, and dams with the help of missionaries. Roads were built by dikgosi,” he said.
Siele said it is unfortunate that bogosi has been relegated to mere ceremonial roles when historically dikgosi played an important and critical role in social cohesion, democracy and upholding law and order.
He suggested that a good start would be to give customary law the same importance as conventional laws, and ensure that both are given high priority and respect in courts and in precedence of authority.
He argued that nowadays people don’t take Dikgosi and the kgotla seriously, and always point out that it is not recognised as law constitutionally.
“People don’t respect bogosi and customary law anymore because Government has disempowered the traditional institutions.”
Currently, the Botswana law stipulates that the courts of Botswana within their vested powers, shall within the limits of their jurisdiction, apply customary law in all cases and proceedings in which, by virtue of the provisions of this Act or any other law, customary law is properly applied and where it is not properly applied such courts shall apply the common law.
Siele also noted that dikgosi had always ensured that there was democracy in their communities and the whole country, through having discussions with their people on issues that affect them and coming up with solutions that would benefit all.
He pointed out that the government had found it fit to have an institution called Ntlo-Ya-Dikgosi as its advisory body because they know the significant role that dikgosi play, and the influence that they have among their people.
He said dikgosi ensure the welfare of their communities through various activities, and solicited advice from their people through meetings. In addition,
promote and preserve culture, instill positive morals and values among communities.