Government applauded for recognition of Wayeyi chief
Pini Bothoko | Wednesday April 26, 2017 15:42
The Minority Rights Group International (MRG) has welcomed this development and applauded the Government on the official recognition of the Wayeyi chief in Botswana.
In an interview with Mmegi, MRG’s Botswana legal officer, Lesego Nchunga said the letter from the MLGRD dated March 27, 2017 acknowledged Sedisa as the chief of the Wayeyi and this finally offers official and documented recognition of the tribe in Botswana.
“This is a tremendous welcome move to MRG. The Wayeyi tribe struggled for their tribe to be recognised for years. We are happy that finally their efforts paid off,” Nchunga said.
In 2001, the High Court ruled that the Chieftainship Act is discriminatory and it should be amended, further adding that the Wayeyi should be recognised and have their chief in the House of Chiefs. It further ruled that all non-Tswana tribes should be recognised.
The order further said any law that may impede this recognition and is discriminatory against certain tribes should be amended - including the Tribal Territories Act (TTA) and Sections 77 to 79 of the Constitution to increase the number of representatives in the Ntlo Ya Dikgosi from 12 to 35.
Nchunga said this move sets out the exact intention of the recognition, and records that extensive research has been done on the history and background of the tribe, including its tribal origins.
“This recognition of the chief or tribal leader of the Wayeyi, a community living mainly along the Okavango Delta, comes almost a decade after submission of a formal application under local legislation for recognition and a year after their recognition as a tribe,” said Nchunga.
She said the tribe’s recognition has never been documented before and this recognition will leave no doubt in the mind of the tribe, its current leader as they are finally and fully recognised.
She said perhaps best known for its diamonds, tourism, the Kalahari Desert and the Basarwa, Botswana is less known for its multi-ethnic make-up.
Nchunga stated that following Independence, the Government focused on national unity and ethnic neutrality, a move that effectively suppressed and discriminated against Botswana’s non-Tswana communities.
She said despite there being over 30 tribal groups, only 12 tribes are officially recognised in the Constitution. Eight Tswana, previously known as majority tribes have seats in the Ntlo Ya Dikgosi which advises Parliament on tribal and cultural matters, whilst four are non-Tswana speaking.
Tswana speaking tribes have territories as allocated by the TTA, yet according to Nchunga, the recognition of the minority tribes such as the Wayeyi should also be reflected in land ownership.
MRG stated that the Ministry’s letter however, reinforces the limitations experienced by tribal minorities, who have to live on the land known to belong to the Tswana speaking people.
“The letter also means that for the next tribal leader to be recognised, they would have to undergo the process of applying to the Minister, and await the investigations of the Ministry, before being accorded recognition. This process is not the same as that followed in the determination of the chiefs of Tswana tribes,” Nchunga cited.
She said the letter also specifically states that the recognition does not confer any rights, not otherwise recognised or conferred by existing law. She said although this may appear proper, it essentially simply points at an individual whose application was successful, and confirms the success of the same, but says nothing to the powers he has, besides those of leading his tribe. Nevertheless, Nchunga sees an opportunity for great progress.
“The Government must now turn to the real impacts of recognition, including political participation, especially regarding representation in the Ntlo Ya Dikgosi as well as land rights, and the use of the mother-tongue in schools and other public spaces,” she added.