Khama returns to Gammangwato Kgotla on Monday
Innocent Selatlhwa | Tuesday November 5, 2024 13:57
While the outgoing Minister Kgotla Autlwetse has cast doubt on Khama’s legitimacy as Bagammngwato Kgosikgolo, the former has announced he will be assuming his position on November 4, 2024. The announcement comes after a whole month of traversing the country campaigning for the Botswana Patriotic Front (BPF).
In his letter dated October 29, 2024, to the Minister, the Director, Department of Tribal Administration and Tribal Secretary Bangwato Tribal Administration, Khama states that effective from November 4, 2024, he shall: Assume his rightful office as Kgosi of the Bagammangwato tribe; assume his position and seat as Kgosi at Kgotlakgolo ya Bagammangwato in Serowe; and commence exercising and performing the powers and duties vested in him as Kgosi under the Bogosi Act and the Bagammangwato customary law. Khama states that his assumption of Bogosi jwa Bagammangwato is in accordance with Section 5(1) of the Bogosi Act, which provides that no one shall hold or assume the Bogosi of any tribe, or exercise any of its powers or duties, unless he/she has been recognised as a Kgosi. “I am the recognised Kgosi of the Bagammangwato. I refer to Government Notice No. 294 of 1979, dated 5th June 1979, and published in the Government Gazette of 15th June 1979, by which I was duly recognised by the then President of the Republic of Botswana, Sir Seretse Khama, as Kgosikgolo (Paramount Chief) of the Bagammangwato tribe. I shall assume and hold office as Kgosi ya Bagammangwato on a permanent and pensionable basis, as provided under Section 23(1) of the Bogosi Act,” he states. In light of the above, Khama states that, with effect from the date of the letter, he retracts his previous designation of Seretse Peter Khama as Motshwarelela Bogosi (regent) jwa Bagammangwato and rescind his request to the Minister for his appointment as such.
Since Khama submitted Seretse Peter Khama’s name, there has been back and forth between Bagammangwato and government. The former president, through his attorney Tapiwa Abel, early this year filed a case before the Maun High Court’s Justice Bugalo Maripe with Khama and Seretse Peter as the first and second applicants, while the minister and Attorney General are the first and second respondents. According to the notice of motion, Khama wants the court to order a writ of mandamus (an order from a court to an inferior government official ordering the government official to properly fulfil their official duties or correct an abuse of discretion), compelling the minister to perform his statutory duty under Section 7(2) of the Bogosi Act.
He wanted the minister to be ordered to appoint Seretse Peter Khama as Motshwarelela Bogosi (regent) of the Bagammangwato tribe by an appointing notice published in the Government Gazette. With the case not having progressed due to multiple recusal of judges, Khama has since said he wants to take over. Khama said he was concerned that the one who is currently in the Kgotla has become big headed. “He thinks he is the Kgosi and he is dividing us. I think the time has come that I take over as your Kgosikgolo and serve you at the Serowe Kgotla,” he said. Khama said it was time he took over and be able to meet Bagammangwato everywhere.
“These people are disrespecting and dividing us. I must now take over as Kgosi and try to fix. It is not nice being outside and hearing things are not going well. I am going to make sure there is peace and unity between all of us. I will be representing all of you and I will be able to go around the country meeting people as Kgosi and also as former president,” he said. Meanwhile, Khama also cautioned in his letter that his assumption of office as Kgosi, and his tenure in the position, is not governed by the provisions of the Public Service Act.
He states that Section 23(3) of the Bogosi Act states clearly that Bogosi is considered part of the public service for pension purposes only. Therefore, Bogosi is exempt from the public service employment framework outlined in the Public Service Act. “I draw your attention to a judgment by Justice Ranier Busang in Mmualefhe v. Department of Tribal Administration and Attorney General. This judgment clarifies that the Public Service Act does not apply to Bogosi. It confirms that Bogosi is not considered a public service under the Government of Botswana and that a designated and recognised Kgosi is not an employee of the Government,” he states.