Of the Tribal Territories Act, indirect rule, chiefs and subjects

Making the rules: Parliament has frequently adjusted the constitution PIC: MORERI SEJAKGOMO
Making the rules: Parliament has frequently adjusted the constitution PIC: MORERI SEJAKGOMO

The Constitution of Botswana (the Constitution) was commenced on September 30, 1966, the day the Republic of Botswana was born.

It has since been amended 22 times.
The relevant amendment for this discussion occurred in 2005, pursuant to Act No.9 of 2005. This was to make sections 77, 78 and 79 ‘tribally neutral’.

This Note investigates whether tribal neutrality, or more aptly, tribal equivalence, can be achieved by amending other legislation while leaving the Tribal Territories Act (Cap. 32:03) intact. This is particularly urgent in view of the promised and impending constitutional review.

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