The Kgafela matter - a legal perspective

This policy has its genesis in the colonial era.  The history of Botswana is replete with instances where traditional leaders were banished, suspended or removed from authority at the whims of the colonial and post-colonial government.  In this article, it is not intended to interrogate these varied historical instances.  The scope of this intervention is to discuss the legal permutations surrounding the decision adopted by government.

A statement by the Minister of Local Government published in Tautona Times (vol. 9 no. 24 (30/10/2011), catalogues the alleged misdemeanors and indiscretions of Kgosi Kgafela.  Attention is drawn to the frustrations government suffers as a result of the allegations of untoward behaviour of the Kgosi and the minister then concludes: