Minister Autlwetse neglected his duties - Khama
Former President Ian Khama says the Minister of Local Government and Rural Development Kgotla Autlwetse has ignored his duties to appoint Motshwaralela Bogosi Ba Gammangwato.
He said having failed, neglected and refused to perform his statutory duty under section 7(2) of the Bogosi Act despite numerous calls to do so, and having neglected to correspond and give reasons for his failure, he humbly submits that the court should compel Autlwetse to perform his said duty. Khama together with Seretse Peter Khama has taken the minister to court over the appointment of Peter Khama as Motshwarelela Bogosi.
In his court papers, Khama submitted that Autlwetse's failure to perform his section 7(2) duty by appointing Peter Khama as Motshwarelela Bogosi of the Bagammangwato Tribe is irrational, improper, deliberate and mala fide. He said numerous requests have been made to the minister to appoint but he has not acted. Three written requests have been delivered to him, but no action has been taken. He stated that furthermore, he has not corresponded nor has he given reasons for his refusal, neglect and failure to appoint.
Khama seeks the court to: issue a writ of mandamus compelling Autlwetse to perform his statutory duty under section 7(2) of the Bogosi Act (Cap 41:01); Autlwetse be commanded to appoint Peter Khama as Motshwarelela Bogosi of the Bagammangwato tribe by a notice published in the Government Gazette (the appointing notice): Autlwetse be commanded to publish the said appointing notice in the Gazette within 30 days of the date of delivery of this order; Peter shall be installed as Motshwarelela Bogosi of the Bagammangwato tribe at the Bagammangwato main kgotla at Maaloso Ward in Serowe (the kgotla) in accordance with Bagammangwato custom.
“By a statutory notice dated 4th December 2023 and served upon the Respondents on the same date, the Second Applicant and I expressed and notified the Respondents of our intention to institute these proceedings against them.
“The application arises out of neglect and failure by the First Respondent to perform his duties under the Act, a legislative enactment of the Republic of Botswana; and it is concerned with the appointment or designation of a Motshwarelela Bogosi, not a Kgosi, and therefore falls outside the ambit of section 27 of the Act.
“Accordingly, I have designated the Second Applicant as Motshwarelela Bogosi of the Bagammangwato tribe to act on my behalf and in my place. My designation of the Second Applicant as Motshwarelela Bogosi of the Bagammangwato Tribe was in accordance with the Bagammangwato customary law on the designation of a Motshwarelela Bogosi,” stated the former President.
He explained that he sometime in 2019 decided to designate a successor to the then Motshwarelela Bogosi, namely Kgosi Sediegeng Kgamane. He said he consulted Sediegeng Kgamane about it and he was in agreement. According to Khama thereafter, still in 2019, he spoke to his two brothers Anthony and Tshekedi Stanford Khama who were unable to act as Motshwarelela Bogosi and who expressed that they will support his decision on the matter.
'I then, still in 2019, looked to the house of my immediate uncle Kgosi Tshekedi Khama,' he said, adding that he spoke to Seretse Peter Khama, (the Second Applicant) the second son of the late Kgosi Leapeetswe Khama.
“I then accordingly designated the Second Applicant as Motshwarelela Bogosi. After the designation of the Second Applicant, Kgosi Sediegeng Kgamane agreed to take him in as his understudy in the kgotla, to mentor him and to teach him about the role of Motshwarelela Bogosi.
“Post designation of Motshwarelela Bogosi, there are some ancillary steps to be taken, these steps are not requirements for the designation itself, and have no influence on it nor do they affect its validity under customary law. The said steps are for information/notification, ceremonial and statutory compliance purposes only.”
Khama argues that today, under the Bogosi Act 2008 regime, before members of the tribe can be summoned to a meeting to come and celebrate the installation of the designated Motshwarelela Bogosi and mark the commencement of his position and duties as such, the Kgosi must inform the Minister, of the person he has designated as Motshwarelela Bogosi and the Minister shall then appoint the designated person as Motshwarelelela Bogosi by placement of a notice to that effect in the Government Gazette.
This step he said is purely for purposes of compliance with standing statutory requirements and does not affect the validity of the designation.
“Sometime in 2019 I asked Kgosi Sediegeng Kgamanae, as my then Motshwarelela Bogosi, acting on my behalf, to call the royal uncles and the four dikgosana of the Bagammangwato wards in Serowe to a meeting and inform them of my decision to designate the Second Applicant as the next Motswarelela Bogosi.
“I then asked Kgosi Sediegeng Kgamane, acting on my behalf, to inform the Minister that I have designated the Second Applicant to succeed him as Motshwarelela Bogosi. Kgosi Sediegeng Kgamane did this sometime in September 2019, by letter to that effect delivered to the Department of Tribal Administration through the Bangwato Tribal Office in Serowe,” he stated.
He explained that sometime in April 2022, Autlwetse terminated the appointment of Kgosi Sediegeng Kgamane as Motshwarelela Bogosi, unilaterally without consulting with nor informing him. According to Khama, the termination of Kgosi Sediegeng Kgamane's appointment as Motshwarelela Bogosi left the Bagammangwato Tribe without an appointed Motshwarelela Bogosi. He indicated that at the time of this termination, Autlwetse was aware that “I had designated Second Applicant as Kgosi Kgamane's successor.”
“Instead of immediately appointing the Second Applicant to fill the apparent vacancy, the First Respondent neglected to do so and has to date not done so nor proffered any reasons why. A year passed after Kgosi Kgamane's termination, and the First Respondent still had not appointed the Second Applicant and thus continued in his failure to perform his duty under section 7(2) of the Act.
“By letter addressed to the Director of the Department of Tribal Administration dated the 2nd June 2023 I again made it known to the Minister, through his subordinate the Director, that I have designated the Second Applicant as Motshwarelela Bogosi and requested that he be appointed as such.”
Khama avers that despite service Autlwetse again neglected, failed and refused to appoint Peter as Motshwarelela Bogosi and yet again continued in his refusal to perform his statutory duty under section 7(2) of the Act.