No Headmen of Arbitration for urban courts
Pini Bothoko | Friday January 31, 2020 15:00
This comes after a motion tabled by Kgosi Moeti Monyamane of Kgalagadi North region that requested government to appoint headmen of Arbitration for urban courts to settle civil disputes before they are taken to deputy court Presidents.
Presenting the motion, Monyamane said as people are bound to have disputes no matter the location they reside it vital for headmen of Arbitration to be appointed for urban courts. He pointed out that some cases could be resolved through mediation but takes a long period of under prosecution at courts. He further stated that urban courts are currently faced with backlog of cases something that worries clients while majority of those cases could have been resolved through reconciliation.
Monyamane gave an example of urban courts like Gaborone, Lobatse, Francistown, Jwaneng, Sowa, Selebi Phikwe to mention but said they were few and overwhelmed with cases that could have been resolved through arbitration.
“There is a headmen of Arbitration at Ghanzi and Kasane and they have been doing quite well. In urban courts mediation of cases is currently handled by deputy court Presidents but they are not pleased with it because it does not fall within their mandate,” Monyamane said.
In addition Monyamane said with appointment of arbitrators government could also save a lot of money currently used in processing cases at courts. He said customary court Act section 13 that talks about personal interest does not allow someone who is aware of a case to be allowed to mediate, as it is currently the case with deputy court Presidents.
“This has resulted in some people undermining how cases are handled under customary courts. There is a say that ‘makgotla a Setswana a patika batho mo ditshekong. Court Presidents and their deputies once raised this concern at Bogosi Pitso stating to be overwhelmed with cases. Yes we are faced with financial constraints as a country but for these positions those people could be chosen from us (current Dikgosi) to help with arbitration of those cases,” Monyamane said.
He gave an example of a capable chief chosen from Mogoditshane or any neighboring village to handle cases in Gaborone.
Responding to the motion, Kgosi Mosadi Seboko of Ga-Malete region applauded Monyamane to have come up with a brilliant idea stating that indeed there are disputes that need to be mediated at all times even by urban courts.
However disclosing not to be supporting the motion, Kgosi Mosadi Seboko pointed out the need for Kgosi Monyamane to bear in mind that the current headmen of Arbitration have been hired as civil servants. She said Bogosi Act has a clear structure that is used to hire and appoint Dikgosi and their deputies.
“In urban courts, a court President has clear duties under Bogosi Act. If they are overwhelmed maybe we can look into their structures, appoint support staff for them in order to mediate cases if necessary. There is no need to appoint headmen of Arbitration like the mover of the motion suggests,” said Kgosi Mosadi Seboko.
Sharing the same sentiments with Kgosi Mosadi Seboko, specially elected chief, Kgosi Kebonyetsala Fish said the motion is likely to have a negative effect on the dignity of Bogosi, which they are currently working hard to reinstate as Ntlo ya Dikgosi.
“Bogosi ke ngwao, that is why those Court Presidents are not part of this house. If we can allow this to happen we will be opening for negativities into the chieftainship,” he said.
Kgosi Disho Ndhowe of Okavango region echoed Fish’s sentiment saying as Ntlo ya Dikgosi they are currently working hard to amend Bogosi structure hence they could not support a motion likely to interfere with their efforts.
“The post of court Presidents was a mistake, we are not happy with their appointment. We are currently focusing on amending Bogosi structure as well as Bogosi Act hence to avoid coming up with positions like this likely to affect what we want to amend as Dikgosi,” Ndhowe said.
Responding to the motion, the Minister of Local Government and Rural Development Kgotla Autwetse emphasized the current structure saying there is no provision for headmen of Arbitrations in urban courts.
“Yes there is that need for some cases to be mediated rather than to always enforce the law. We are still looking into this matter and how we can introduce it without interfering with Bogosi and even High Court is aware of this matter. Bogosi boa dibelwa, ke one molao motheo wa puso ya batho ka batho, we should at all times protect its dignity,” said Autwetse.
Autwetse admitted that the motion is a good idea for some cases to be mediated instead of enforcing the law but pointed out the need for proper consultation into the matter before it can be considered.
“Even at High Court they are aware of this matter, we are still looking into how best we can call those people when appointed because we have Dikgosi by birth,” said Autwetse.