Reflections on Chiefs as Ex Officio Members of the Land Boards, Botswana

Abstract

The government of Botswana enacted the Tribal Land Act in 1968, which created statutory land boards in 1970. They replaced dikgosi (chiefs) from the administration of tribal land. However, from 1970 to 1984, dikgosi wielded considerable power in these five to six member boards then, as the only ex officio members. They had the legal authority to appoint one member, of their choice, to the land board. In most instances, the kgosi (chief), or his appointee, became the board’s chair and influenced its decisions. The Tribal Land (Amendment of Schedule) Order of 1984 introduced a major change by removing dikgosi’s powers to appoint anyone to the land board. It introduced the democratic elections of members of the land boards by communities. However, this has since been discontinued also in favour of the controversial ‘direct’ appointment by the Minister. Dikgosi remain ceremonial ex officio members of the land boards, with no voting rights, a situation they strongly abhor. This article critically analyses the status and role of dikgosi as ex officio members of the land boards within the framework of the Tribal Land Act since 1968. It also draws from other relevant legislations, secondary sources, and the views of some former land board members.