8 - Demise or Resilience, Customary Law and the Changing Order in Africa: The Case of Chieftaincy in Botswana
Corresponding Author(s) : Wazha G. Morapedi
Africa Development,
Vol. 30 No. 4 (2005): Africa Development
Abstract
This paper reviews customary law and how it relates to the institution of Chieftainship in Botswana from the pre-colonial to the post colonial period. It accedes to the widely held view that in Botswana, as in many other African countries where the institution of chieftainship was undermined by colonial rule, chiefs have survived and continues to play a pivotal role in evolving African societies. In Botswana, customary laws governing the institution of the chieftainship, particularly the succession rules, have enabled the chieftainship to surmount the hurdles placed against chiefs by the colonial government. The colonial government onslaught on chieftainship only weakened some chiefs, but not the institution. Since 1966 the post-colonial liberal democratic govern ment of Botswana has continued to enact laws which whittled down the powers of the chiefs considerably, but the institution has adapted and chiefs have also managed to manipulate the political situation to their advantage. Today, due to the dynamism of customary law, chiefs play a pivotal role in the socio-eco nomic, political and administrative systems of Botswana
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- Colclough, C. and McCarthy C., 1980, The Political Economy of Botswana: A
- Study of Growth and Distribution, Oxford: Oxford University Press.
- Hamnett, l., 1975, Chieftainship and Legitimacy: An Anthropological Study of Executive Law in
- Lesotho, Boston: Routledge and Kegan Paul.
- Linchwe II, 1994, 'Chieftainship in the 21st Century', in Botswana in the 21st Century (Proceedings
- of a Symposium organised by the Botswana Society, Gaborone, 1994), pp. 395-401.
- Lekorwe, M.H, and Somolekae, G., 1998, 'The Chieftaincy System and Politics in Botswana, 1966-1995
- ', in Edge W.A. and Lekorwe, M.H. (eds.), Botswana: Politics and Society, Johannesburg: J.L. van
- Schaik, pp. 186-198.
- Mamdani, M., 1996, Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism,
- London: James Currey.
- Mate, R., 2002, 'Creating and Celebrating Africanness: Juggling with Men and Women lnterests in
- Family Life. The Status ofCustomary Law as a Measure of Political Commitment to Gender Equality in
- Zimbabwe', Paper presented at the 10th General Assembly of the Council for the Development of
- Social Science Research in Africa on 'Africa in the New Millennium', Kampala, Uganda, 8-12
- December2002).
- Agadla, P.T. and Campbell, A., 1989, 'Dikgotla, Dikgosi and the Protectorate Administration', in
- Molutsi, P., and Holm, J., (eds.) Democracy in Botswana, Gaborone: Macmillan, pp. 48-56.
- Agadla, P.T., 1998, 'The Kgotla in a Traditional Tswana Setting' in Edge, W.A. and Lekorwe M.
- (eds.), Botnl'ana: Politics and Society, Johannesburg: J.L van Schaik, pp. 3-1O.
References
Colclough, C. and McCarthy C., 1980, The Political Economy of Botswana: A
Study of Growth and Distribution, Oxford: Oxford University Press.
Hamnett, l., 1975, Chieftainship and Legitimacy: An Anthropological Study of Executive Law in
Lesotho, Boston: Routledge and Kegan Paul.
Linchwe II, 1994, 'Chieftainship in the 21st Century', in Botswana in the 21st Century (Proceedings
of a Symposium organised by the Botswana Society, Gaborone, 1994), pp. 395-401.
Lekorwe, M.H, and Somolekae, G., 1998, 'The Chieftaincy System and Politics in Botswana, 1966-1995
', in Edge W.A. and Lekorwe, M.H. (eds.), Botswana: Politics and Society, Johannesburg: J.L. van
Schaik, pp. 186-198.
Mamdani, M., 1996, Citizen and Subject: Contemporary Africa and the Legacy of Late Colonialism,
London: James Currey.
Mate, R., 2002, 'Creating and Celebrating Africanness: Juggling with Men and Women lnterests in
Family Life. The Status ofCustomary Law as a Measure of Political Commitment to Gender Equality in
Zimbabwe', Paper presented at the 10th General Assembly of the Council for the Development of
Social Science Research in Africa on 'Africa in the New Millennium', Kampala, Uganda, 8-12
December2002).
Agadla, P.T. and Campbell, A., 1989, 'Dikgotla, Dikgosi and the Protectorate Administration', in
Molutsi, P., and Holm, J., (eds.) Democracy in Botswana, Gaborone: Macmillan, pp. 48-56.
Agadla, P.T., 1998, 'The Kgotla in a Traditional Tswana Setting' in Edge, W.A. and Lekorwe M.
(eds.), Botnl'ana: Politics and Society, Johannesburg: J.L van Schaik, pp. 3-1O.