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The House of Chiefs and the Political Development of Botswana

Published online by Cambridge University Press:  11 November 2008

J. H. Proctor
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Extract

A major problem encountered by the builders of many of the new states in Africa has been that of defining a satisfactory position for the traditional tribal authorities in a more integrated and democratic political system. In Botswana a solution has been sought not only at the level of local government, where much of the Chiefs' power has been transferred to elected district councils, but also at the national level, where a House of Chiefs has been created to advise Government and Parliament. This body merits examination as a constructive effort to synthesise indigenous and imported institutions, and to accommodate the interests and demands of the hereditary rulers and their more conservative subjects, who remain deeply rooted in the tribal structure, in a manner which is acceptable to the new élite and their supporters, who are eager to modernise quickly.

Type
Articles
Information
The Journal of Modern African Studies , Volume 6 , Issue 1 , May 1968 , pp. 59 - 79
Copyright
Copyright © Cambridge University Press 1968

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References

Page 59 note 1 For a complete picture of the traditional tribal system, see Schapera, Isaac, A Handbook of Tswana Law and Custom (London, 2nd edn. 1955).Google Scholar

Page 60 note 1 For a detailed description of British rule in Bechuanaland, see Hailey, Lord, Native Administration in the British African Territories, Part V, The High Commission Territories (London, 1953), pp. 185–334.Google Scholar

Page 60 note 2 Ibid. pp. 318–19. For verbatim reports of its proceedings, see Bechuanaland Protectorate African Advisory Council: Minutes, 41th-40th Sessions, 1924–1960 (Mafeking).

Page 60 note 3 Bechuanaland Joint Advisory Council Constitutional Committee: Report on the Establishment of a Legislative Council and Executive Council for the Bechuanaland Protectorate (Mafeking, 1959), pp. 35, 37.Google Scholar For the constitutional provisions regarding the composition and functions of the African Council, see The Bechuanaland Protectorate Constitutional Proposals (London, 1960), Parliamentary Papers, Cmnd. 1159, p. 6;Google Scholar and Statutory Instruments (London, 1960), no. 3, The Bechuanaland Protectorate (Constitution) Order in Council, Part VI, pp. 45–46.Google Scholar

Page 60 note 4 The Constitution of the Bechuanaland Protectorate, 1961 (Lobatsi, 1962), p. 22.Google Scholar

Page 61 note 1 Announcement by the Acting Government Secretary, Bechuanaland Legislative Council: Official Report of the Debates (Mafeking), 10 04 1963, p. 164.Google Scholar The following account of the framing of the new constitution is based on Bechuanaland Protectorate: Constitutional Discussions, 1963:Google Scholar Paper no. 1, ‘Range of Initial Discussions and Agenda’; Paper no. 2, ‘Notes on the Agenda’; Paper no. 10, ‘Procedure for Detailed Discussions’; and Paper no. 11, ‘Outline for Discussion’. Also Constitutional Discussions, Legislative Council Papers, no. 9 of 1963–1964, pp. 2–3, 7 and 11–12;Google ScholarBechuanaland Constitutional Proposals (London, 1964),Google Scholar Parliamentary Papers, Cmnd. 2378; and interviews with those who participated in the discussions. For the final text, see Statutory Instruments (London, 1965), no. 134,Google Scholar The Bechuanaland Protectorate (Constitution) Order 1965.

Page 66 note 1 Minutes of the Second Meeting of the House of Chiefs (Lobatsi), 16 11 1965, p. 2.Google Scholar

Page 66 note 2 Bechuanaland Daily News (Gaberones), 17 11 1965.Google Scholar An official verbatim record was not made of this session nor of most of the others, but a local reporter wrote detailed accounts based on shorthand notes of the speeches.

Page 67 note 1 Bechuanaland Legislative Assembly: Official Report of the Debates (hereinafter referred to as Legislative Assembly Debates), 13 12 1965, p. 113.Google Scholar See also Bechuanaland Protectorate: Proposals for an Independence Constitution, Legislative Assembly Papers, no. 21 of 1965–1966.Google Scholar

Page 67 note 2 Legislative Assembly Debates, 25 01 1966, p. 48.Google Scholar

Page 67 note 3 Bechuanaland Daily News, 12 Jaunary 1966.

Page 67 note 4 Minutes of the Third Meeting of the Home of Chiefs, 11 01 1966, pp. 1–2.Google Scholar Mr Khama did not attend the London conference.

Page 68 note 1 Legislative Assembly Debates, 24 01 1966, pp. 1 and 4;Google Scholar and Bechuanaland Protectorate: Proposals for an Independence Constitution—Additional Proposals Arising out of Discussions in the House of Chiefs, Legislative Assembly Papers, no. 27 of 1965–1966.

Page 68 note 2 Molefe, R. D., Legislative Assembly Debates, 25 01 1966, p. 46.Google Scholar

Page 68 note 3 Ibid. p. 42.

Page 69 note 1 Bechuanaland Legislative Assembly: Modifications to the Independence Constitution Agreed at the London Constitutional Conference, February 14th-15th, 1966; and Report of the Bechuanaland Independence Conference, 1966 (London, 1966), Cmnd. 2929.Google Scholar For the text of the Independence Constitution, see Statutory Instruments (London, 1966), no. 1171,Google Scholar The Botswana Independence Order 1966, Schedule 2. The crucial section is 89 (2), which states:

‘The National Assembly shall not proceed upon any bill (including any amendment to a bill) that, in the opinion of the person presiding, would, if enacted, alter any of the provisions of this Constitution or affect—

(a) the designation, recognition, removal or powers of Chiefs, Sub-Chiefs or Headmen;

(b) the organisation, powers or administration of African Courts;

(c) African customary law, or the ascertainment or recording of African customary law; or

(d) tribal organisation or tribal property; unless—

(i) a copy of the bill has been referred to the House of Chiefs after it has been introduced in the National Assembly; and

(ii) a period of thirty days has elapsed from the date when the copy of the bill was referred to the House of Chiefs.’

Page 70 note 1 Minutes of the Fourth Meeting of the House of Chiefs, 8 08 1966, p. 13.Google Scholar For the text of the bill, no. 36 of 1966, see Bechuanaland Government Gazette Supplement, August 1966; and for the transcript of a tape recording of the discussion in the House of Chiefs, see Official Report of the Fourth Meeting, 8 08 1966, pp. 6–12.Google Scholar

Page 71 note 1 The Chieftainship Bill, no.26 of 1965, Bechuanaland Government Gazette Supplement, 5 11 1965, p. 10.Google Scholar

Page 71 note 2 Minutes of the Second Meeting of the House of Chiefs, 17 11 1965, pp. 3–6.Google Scholar The only report of the discussion is to be found in the Bechuanaland Daily News, 17–18 November 1965.

Page 71 note 3 Minutes of the Second Meeting of the House of Chiefs, 17 11 1965, p. 6;Google Scholar and Bechuanaland Daily News, 18–19 November 1965. For the text of the bill, no. 27 of 1965, see Bechuanaland Government Gazette Supplement, 5 november 1965.

Page 72 note 1 Minutes of the Fifth Meeting of the Howe of Chiefs, 7 12 1966, p. 2.Google Scholar The discussion was reported only in Botswana Daily News, 7–8 November 1966. For the text of the bill, no. 45 of 1966, see Botswana Government Gazette Supplement, 16 November 1966.

Page 73 note 1 Legislative Assembly Debates, 12 1965, pp. 81–3 and 86–90;Google Scholar and Botswana National Assembly: Official Report of the Debates, 20 03 1967 (preliminary draft), pp. 151–8.Google Scholar

Page 73 note 2 Bechuanaland Daily News, 16 November 1965.

Page 73 note 3 National Assembly Debates, 12 12 1966, pp. 3–4.Google Scholar

Page 74 note 1 Legislative Assembly Debates, 13 12 1965, p. 122.Google Scholar

Page 74 note 2 Ibid. 14 December 1965, pp. 157–8.

Page 74 note 3 For the texts of the orders, see Bechuanaland Government Gazette Supplement, 29 April 1966, Legal Notices nos. 38–46 of 1966.

Page 74 note 4 Bechuanaland Daily News, 18 November 1965.

Page 75 note 1 Minutes of the Sixth Meeting of the House of Chiefs, 24 01 1967, p. 2.Google Scholar

Page 75 note 2 Botswana Daily News, 26 January 1967.

Page 75 note 3 Minutes of the Sixth Meeting of the House of Chiefs, 24 01 1967, p. 1.Google Scholar

Page 75 note 4 Botswana Daily News, 25 Jaunary 1967.

Page 77 note 1 Minutes of the Seventh Meeting of the House of Chiefs, 24–29 July 1967. This meeting was observed by the author.