Bahurutshe take government to court on their bogosi
Pini Bothoko | Friday December 8, 2017 18:41
This follows the dispute that arose between the Bahurutshe boo-Manyana and government back in August when government confiscated leopard and lion skins that were to drape Kgosi Kebinatshwene I on the eve of his inauguration.
In their statutory notice on intentions to sue, the Bahurutshe pointed out that on August 29, 2017 the government through the Ministry of Local Government and Rural Development, communicated that on the authority of the Tribal Territories Act (TTA) Kebinatshwene cannot practice the traditions, culture and norms and be draped with a leopard skin because he lives in the Bangwaketse tribal area.
“This policy is unlawful and violates the right of the applicant (Kebinatshwene I) and other persons of Bahurutshe descent who reside within the Bangwaketse tribal authority not to be subjected to discriminatory treatment as per Section 15 (2) of the Constitution of Botswana. The said policy is discriminatory to the extent that it affords individuals of other tribes certain privileges by allowing them to practice their traditions unhindered, which it does not afford the applicant,” reads the statutory notice. It further said Kebinatshwene I unlike other individuals who qualify for positions of Kgosi like him is not allowed to practice the traditions and norms of his tribe.
It further stated that the government’s policy violates the rights of the applicant to freedom of assembly and association, freedom of expression, conscience and as it restricts him from, in his capacity as a Kgosi of Bahurutshe exercising his autonomy and interacting, communicating with third parties on matters affecting his tribe without the express approval of the Kgosi of Bangwaketse.
They went on to state that the director of Wildlife and National Parks has put restrictions on the ability of the applicant to communicate with government officers in relation to matters affecting his tribe without first routing his communications through the Kgosi Kgolo of Bangwaketse.
Kebinatshwene I intends to challenge the position of the government relating to the interpretation of the TTA effecting that the said Act does not allow another two or more chiefs to be draped in leopards skins.
However the statutory seeks court to declare that the policy of government that the applicant and members of the Bahurutshe tribe cannot, like Bangwaketse and other tribes practice their tradition of draping their kgosi with a leopard skin is discriminatory against the applicant and consequently unconstitutional.
It also seeks court to declare the Ministry of Local Government and Rural Development’s interpretation of the TTA effecting that only one Kgosi Kgolo is to be draped in a leopard skin in a tribal territory is legally flawed and erroneous.
The statutory further seeks that the applicant whilst holding the position of Kgosi of Bahurutshe does not seek the authority of the Kgosi Kgolo of Bangwaketse to promote the interests of his tribe, practice the traditions of his tribe and further to communicate with government officials on matters affecting his tribe.
Then the Bangwaketse felt that Kebinatshwene I’s wearing of the leopard and lion hides will be a direct challenge to the authority of Bangwaketse chief, Kgosi Malope II who presides over the entire territory including Manyana.