Bogosi Act | |
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National Assembly of Botswana | |
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Citation | CAP 41:01, Act 9 of 2008 |
Territorial extent | Whole of Botswana |
Enacted by | National Assembly of Botswana |
Commenced | 30 April 2008 |
Legislative history | |
Bill title | Bogosi Bill, No. 13 of 2007 |
Committee report | Balopi Commission |
White paper | Government White Paper No. 1 of 2001, Government White Paper No. 2 of 2002 |
Repeals | |
Chieftainship Act |
Constitution |
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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. [1]
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". [2] In response, the Bogosi Bill was passed, creating the Bogosi Act.
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.
The act has been criticised by tribal leaders because of the limitations on the powers of a kgosi. [4] 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." [5] To avoid the legal costs of the case, Kgafela moved to Moruleng, South Africa. [6]
Politics of Botswana takes place in a framework of a parliamentary representative democratic republic, whereby the President of Botswana is both head of state and head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both the government and the Parliament of Botswana. In part because the party system has been dominated by the Botswana Democratic Party (BDP), which has never lost power since the country gained independence from the United Kingdom in 1966, the Economist Intelligence Unit has rated Botswana as a "flawed democracy."
The Government of Botswana often abbreviated as GOB, is the union government created by the constitution of Botswana having the executive, parliament, and the judiciary. The Seat of the Government is located in Gaborone, Botswana. The government is led by the president.
Khama III (1837?–1923), referred to by missionaries as Khama the Good also called Khama the Great, was the Kgosi of the Bangwato people.
Sir Seretse Goitsebeng Maphiri Khama, GCB, KBE was a Botswanan politician who served as the first President of Botswana, a post he held from 1966 to his death in 1980.
A House of Chiefs is a post-colonial assembly, either legislative or advisory, that is recognised by either a national or regional government as consisting of and providing a collective, public voice for an ethnic group's pre-colonial authorities. Although often influential within the indigenous culture, its members do not usually function as a modern nation's primary law-making body, being neither representative nor consisting of members appointed individually by the government in power, whether democratic or not. It consists of all or some of the "traditional leaders", historically known in English as chiefs, of a country or a sub-division thereof.
The Parliament of Botswana consists of the President and the National Assembly. In contrast to other parliamentary systems, the Parliament elects the President directly for a set five-year term of office. A president can only serve 2 full terms. The President is both Head of state and of government in Botswana's parliamentary republican system. Parliament of Botswana is the supreme legislative authority. The President of Botswana is Mokgweetsi Masisi, who assumed the Presidency on 1 April 2018 after winning the 2019 general election and returning his Botswana Democratic Party with a majority of 19 seats in the 65 seat National Assembly.
The Ntlo ya Dikgosi in Botswana is an advisory body to the country's parliament.
The National Assembly is the sole legislative body of Botswana's unicameral Parliament, of which consists of the President and the National Assembly. The House passes laws, provides ministers to form Cabinet, and supervises the work of government. It is also responsible for adopting the country's budgets. It is advised by the Ntlo ya Dikgosi, a council of tribal chiefs which is not a house of Parliament.
A tribal chief or chieftain is the leader of a tribal society or chiefdom.
The Bamangwato is one of the eight "principal" Tswana chieftaincies of Botswana. They ruled over a majority Bakalanga population, with minorities including the Basarwa, Birwa and Tswapong. The modern Bamangwato formed in the Central District, with its main town and capital at Serowe. The paramount chief, a hereditary position, occupies one of the fifteen places in Ntlo ya Dikgosi, the national House of Chiefs.
The Sotho-Tswana people are a meta-ethnicity of southern Africa and live predominantly in Botswana, South Africa and Lesotho. The group mainly consists of four clusters; Southern Sotho (Sotho), Northern Sotho, Lozi, and Tswana people. A fifth cluster is sometimes referred to as the Eastern Sotho, and consists of the Pulana, Makgolokwe/Bakholokoe the Pai and others.
The Constitution of Botswana commenced on September 30, 1966.
A kgosi is the title for a hereditary leader of a Batswana tribe.
The Presidential Commission of Inquiry into Sections 77, 78 and 79 of the Constitution of Botswana, also known as the Balopi Commission after the chairman of the commission Patrick Balopi, is a Botswana commission of inquiry set up on 28 July 2000 in response to perceived tribal inequality between the dominant Batswana and the smaller minority tribes such as the Wayeyi.
Mosadi Seboko is the Kgosikgolo of the Balete people in Botswana. She is the first female kgosikgolo in the history of Botswana.
The National Council of Chiefs is an assembly of traditional leaders throughout the Republic of Zimbabwe. The president and deputy president of the council are both members of the Senate of Zimbabwe since 2007, and the council appoints ten chiefs to the Senate; under a former constitution from 1980 to 1989, the council was charged with selecting members to the Senate.
Kgosi Rebecca Banika is the traditional leader for the Pandamatenga village in the Chobe district of Botswana. Pandamatenga is a diverse settlement consisting of eight ethnic groups. She was installed on 15 November 1999, being the first woman to be installed as a chief in Botswana, and the first to be elected to the Ntlo ya Dikgosi, having been elected in 2000. In 2019, she was re-elected to the Ntlo ya Dikgosi as a representative for her district.
The Council of Traditional Leaders is a national institution of the government of Namibia where the traditional leadership of Namibia is represented.
Kgosi Puso Gaborone is the paramount chief (Kgosi) of the BaTlokwa tribe of Tlokweng in Botswana. As of 2021, he serves as the elected chairperson of Botswana's Ntlo ya Dikgosi, a position he has held since 2009.