*Govt concedes Basubiya chieftaincy battle, but refuses to pay up
Government this week formally withdrew its attempt to strip Kgosi Lawrence Sinvula of his status as leader of the Basubiya tribe before a Maun High Court. However, while the State now acknowledges his rightful title, it remains deadlocked in a financial dispute over his salary.
The settlement, issued just moments before a scheduled hearing on remuneration, saw the State rescind its previous letters which had sought to “de-recognize” Sinvula as a Paramount Kgosi and demote him to a village sub-chief of Kavimba.
The legal victory for the Basubiya leader is bittersweet. While the government has officially confirmed Sinvula’s appointment under Section 6(2) of the Bogosi Act, it is still refusing to adjust his salary to match his rank.
Sinvula currently earns at the D2 scale, the rate for a sub-chief, despite his legal status as a Kgosi of a Tribe, which typically commands the E2 scale under a 2017 Government Directive.
The court heard heated arguments regarding the nature of succession. Sinvula’s legal team, led by attorneys Morupi Mbeha and Jeremia Mishingo, argued that the government’s position, that Sinvula should simply “inherit” the D2 salary his father earned, is legally flawed.
“When there is a vacancy on the Bogosi chair, it is the duty of the tribe to designate a rightful successor,” Mbeha stated. “The vacancy is in the Bogosi of the tribe; it is not the chair he was sitting on, the vehicle his father was driven in, or the salary. It is a position.”
Mbeha pointed out the inconsistency of the State’s logic, noting that other leaders appointed under the same Section 6(2), such as the Kgosi of the Bakwena or other tribes are placed at the E2 scale, “Kgosi Khama, Kgosi Kgafela are earning at E2 scale.”
To keep Sinvula at D2, the defense argued, suggests that the Basubiya leadership is being treated as an “empty formality” rather than a substantive office.
The Deputy Attorney General, Joao Salbany countered that Sinvula accepted the position with the knowledge that it paid at the D2 level. The State’s argument rests on the idea that remuneration is determined by administrative function and historical agreement rather than the automatic application of statutory rank.
On June 26th the court is expected to decide a “straightforward question of legal entitlement”, does recognition under Section 6(2) of the Bogosi Act automatically trigger the E2 salary scale?
