Basubiya Chief battles Government over ‘humiliating de-recognition’
Maun High Court will be the battlefield for a Royal rumble this Thursday as Kgosi Lawrence Liswani Sinvula resumes his fight to get his ‘Chief of the Basubiya’ title back.
The Kavimba village royal insists he was unlawfully stripped of the chieftainship by the Minister of Local Government and Traditional Affairs, Ketlhalefile Motshegwa on 25 September.
Kgosi Sinvula says the Minister served him with two letters just five days before Independence Day.
The letters revoked his recognition under Section 6(2) of the Bogosi Act (for a paramount-level Kgosi) and replaced it with a Section 21 recognition, which typically applies to a sub-chief or village chief.
“I must hasten to state that you are not a Kgosi for Chobe but for the village of Kavimba,” was the reported gist of Motshegwa’s letter.
Kgosi Sinvula is adamant this is not true.
In his founding affidavit, he maintains that on 24 February 2023, he was designated Kgosi by the entire Basubiya people, not just Kavimba village.
Sinvula further claims the decision to demote him was made without any consultation with him or his tribe.
He is also furious at the timing, calling it ‘deliberate’ and designed to ‘publically humiliate’ him as it occurred so close to one of the most important days in the country’s calendar. Sinvula said it denied Basubiya the chance to participate in national celebrations and tribal ceremonies to mark Independence Day with dignity under their rightful leader.
Sinvula initially approached the court on 29 September as a matter of urgency, applying for the Minister’s decision to be halted.
However, presiding over the application, Justice Godfrey Nthomiwa issued an interim order, keeping the ‘de-recognition’ in place until16 October, when the parties return to his courtroom.
Landing in Maun on Tuesday, Kgosi Sinvukla was greeted at the airport with reverence by Basubiya traditional group, Chobe P to P, who knelt down in respect as he walked past.
Represented by Mbeha Attorneys, he is seeking a rule nisi compelling the Minister and Ministry to show cause why the decision should be stayed, pending a formal judicial review.
Opposing the application, government, represented by the Attorney General, argues the matter is not urgent and that the Ministry’s action was merely an ‘administrative rectification’ and a ‘redefining’ of the Kgosi’s appointment.
In their answering affidavit filed this week, the government state Sinvula was initially appointed as a Sub-Chief for the Kavimba Customary Court under Section 21 of the Bogosi Act, inheriting a position his father held.
While they concede he was later recognised under Section 6 (2), the government notes this was a mistake.
The crux of the issue, according to govt’s filing, stems from a long-running salary dispute.
Kgosi Sinvula had lodged a complaint in March that he was being improperly pegged at salary scale D2, demanding the higher E2 scale appropriate for a paramount Kgosi.
The government maintains that the E2 salary scale is reserved for Dikgosi (Chiefs) who have tribal territories and an automatic right to the Ntlo ya Dikgosi (House of Chiefs). They argue that because Kgosi Sinvula only supervises the Kavimba Customary Court, the D2 scale is appropriate. They further note that Chobe is state land and not tribal land.
The Ministry, upon seeking legal opinion, informed Sinvula his appointment under Section 6(2) was an error, leading to Motshegwa’s subsequent decision to appoint him under the Section 21 provision. They maintain this happened on 16 September.
Government further contends there has been no de-recognition of the Kgosi or the tribe, but simply a correction to the appropriate statutory basis for his position. They believe the relief sought by Sinvula is without merit and warrants dismissal.
