Presented to the House by Assistant Minister of Local Government and Rural Development (MLGRD) Botlogile Tshireletso, the bill seeks to, among other things, make a definite distinction between the lower customary court and the higher customary court.At present, although the two different courts exist legally, there is no clear distinction about who can preside over each court. In the proposed bill, a Kgosana, Court President and deputy Court President can preside over the lower customary court, while a Kgosi, Mothusa Kgosi or Moemela Kgosi can preside over a higher customary court.
However, members of the House have raised questions about whether Dikgosi, being higher in the hierarchy, can still preside over appealed cases previously heard by a Mothusa Kgosi or Moemela Kgosi. The bill seeks to send cases previously heard by the latter straight to the Customary Court of Appeal. Assistant Minister Tshireletso said this is because all three will essentially preside over the same court. She said the said cases sent straight to the Customary Court of Appeal would help reduce the appeal process for those involved in the cases.Several members of the House, including Kgosi Kgomotso Boiditswe of Serowe Region and Kgosi Mosadi Seboko of Balete, expressed disappointment that Headmen of Arbitration are not included in the proposed bill as potential presiding officers over the lower customary court.
