Key Benefits:
23. Tenure of office of Dikgosi
(1) A Kgosi shall hold office on permanent and pensionable terms, and may retire on attaining the age of 50 years or such other age as may be prescribed.
(2) A Kgosi who holds office on permanent and pensionable terms shall vacate his or her office on reaching the age of 80 years or such other age as may be prescribed:
Provided that the Minister may permit a Kgosi who has attained the age of 80 years to continue in office for such period as he or she may consider appropriate.
(3) For the purposes of the Cap. 27:01 Pensions Act, Bogosi is a public service.
A person who holds office as Kgosi shall not proceed on a full time course of study or training without the written approval of the Minister, which approval shall not be unduly refused or withheld.
25. Undermining powers of Dikgosi
(1) Subject to the provisions of subsection (2), a person shall be guilty of an offence if he or she commits any act with intent to undermine the lawful power and authority of a Kgosi.
(2) Nothing in this section shall prevent any person from bringing a claim or making a complaint against any Kgosi in accordance with the provisions of this Act.
(3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and liable to a fine not exceeding P2,000 or to imprisonment for a term not exceeding five years, or to both.
26. Prohibition of persons purporting to act as Dikgosi, etc.
(1) If the Minister considers it expedient in the public interest, he or she may by order-
(a) prohibit any person who is not a Kgosi (whether or not he or she was formerly recognised as a Kgosi) from purporting to exercise the functions of a Kgosi; or
(b) require that no person shall treat as a Kgosi a person who is subject to such prohibition,
and any person who contravenes such order shall be guilty of an offence and liable to a fine not exceeding P2,000 or to a term of imprisonment not exceeding two years, or to both.
(2) No prosecution for an offence under this section shall be instituted except on the written authority of the Director of Public Prosecutions.
27. Jurisdiction of courts in Bogosi matters
(1) Notwithstanding any provision of any enactment to the contrary, no court shall have jurisdiction to hear and determine any cause or matter affecting Bogosi.
(2) For the purposes of this section "cause or matter affecting Bogosi" means any cause, matter, question or dispute relating to any of the following-
(a) the designation of any person as a Kgosi or the claim of any person to be designated as a Kgosi; or
(b) the recognition of, appointment to be, or suspension of a person from being a Kgosi.
The Minister may make regulations for any matter which is required to be prescribed or for the better carrying out of the provisions of this Act and without derogating from the generality of the foregoing, such regulations may prescribe-
(a) the general conditions of service of;
(b) the procedure for taking disciplinary actions against; and
(c) the punishment which may be awarded for breaches of discipline by, persons appointed under this Act.
The Cap. 41:01 Chieftainship Act is hereby repealed.
(1) Notwithstanding the repeal effected under section 29, any person who immediately before the commencement of this Act was a Kgosi shall continue to hold such office as if he or she had been so designated, appointed and recognised under this Act.
(2) For the avoidance of doubt, nothing in this Act shall be construed as derogating from or affecting the validity of the Tribal Territories Act.
