Key Benefits:
A Kgosi is an individual who-
(a) possesses such minimum educational qualifications as may be prescribed from time to time;
(b) has been designated as Kgosi under section 6; and
(c) is recognised as a Kgosi by the Minister in accordance with the provisions of sections 6 and 21.
(1) Subject to the provisions of this Part and of section 22, no person shall hold or assume the Bogosi of any tribe or exercise or perform any of the powers or duties pertaining thereto unless he or she has been recognised as Kgosi of such tribe under the provisions of this Act.
(2) Subject to the provisions of section 9, no person shall be recognised as Kgosi of any tribe unless he or she has been designated as the rightful successor thereto in accordance with section 6.
6. Tribe to designate successor
(1) Where there is a vacancy in the Bogosi of a tribe, either by reason of death, deposition, abdication or retirement, it shall be the duty of the tribe assembled in the kgotla under the chairmanship of the senior member of the tribe to designate the rightful successor to the Bogosi according to customary law or according to the established norm and practice of that tribe.
(2) Subject to the provisions of sections 7 and 9, the Minister shall, by notice published in the Gazette, recognise the person so designated as Kgosi of such tribe.
7. Appointment of Motshwarelela Bogosi
(1) Where a person designated as Kgosi under section 6 is for any reason unable to assume Bogosi, or where a person recognised as a Kgosi is unable to take up the functions of that office, it shall be the duty of the tribe or the person so recognised as Kgosi, as the case may be, to designate another member (in this Act referred to as "Motshwarelela Bogosi") of the tribe according to customary law, or the established norm and practice of such tribe.
(2) Subject to the provisions of section 9, the Minister shall, by notice published in the Gazette, appoint the person designated in terms of subsection (1) to be Motshwarelela Bogosi.
(3) A person appointed as Motshwarelela Bogosi of a tribe shall exercise and perform to the exclusion of all other persons, the functions of the Kgosi.
8. Termination of appointment of Motshwarelela Bogosi
(1) An appointment as Motshwarelela Bogosi shall terminate and the rightful successor to the Bogosi shall be recognised as Kgosi on a day to be specified by the Minister by notice published in the Gazette.
(2) Subject to the provisions of section 9, the day so specified shall be the day determined for such purpose by the Minister in the kgotla in consultation with the tribe.
9. Judicial Commission to be appointed in case of doubt
(1) If any question arises as to whether-
(a) a person designated under section 6 (1) is, under customary law, the rightful successor to the Bogosi, or is a fit and proper person to be so recognised;
(b) a person designated under section 7 is, under customary law, the rightful person to be appointed as Motshwarelela Bogosi pending the recognition of the Kgosi, or is a fit and proper person to be appointed as Motshwarelela Bogosi ; or
(c) the appointment of a Motshwarelela Bogosi should be terminated and a Kgosi recognised although no day has been determined under section 8 (2),
the President on the advice of the Minister may appoint a Judicial Commission to inquire into the matter.
(2) On receipt of the report of a Judicial Commission appointed in terms of this section, the Minister shall determine the question which has arisen, and make such decision for the purposes of section 6 (1), 7 or 8 as he or she may deem appropriate.
(1) A Kgosi may, with the approval of the Minister, and after consultation with his or her tribe at a kgotla meeting, appoint any person as Mothusa Kgosi and such appointment shall be published in the Gazette.
(2) No person shall be appointed as Mothusa Kgosi unless the Kgosi and the Minister are satisfied that that person possesses attributes which qualify him or her to be so appointed.
(3) If the Kgosi and the Minister disagree as to the choice of Mothusa Kgosi, the matter shall be decided by the Minister who shall after consultation with the tribe at a kgotla meeting appoint such person to be Mothusa Kgosi as he or she considers appropriate.
(4) A Mothusa Kgosi shall perform such functions as the Kgosi may from time to time delegate to him or her in addition to the functions mentioned in section 11.
11. Temporary absence or incapacity of Kgosi
(1) If a Kgosi (including Motshwarelela Bogosi who is acting for a Kgosi) is temporarily unable to exercise the functions of his or her office, whether by reason of illness, absence or other cause, the powers and duties relating to his or her office shall be exercised and performed by the Mothusa Kgosi, or if there is no Mothusa Kgosi, by the senior member of the tribe.
(2) A Mothusa Kgosi or senior member of the tribe, as the case may be, shall cease to perform the functions of the Kgosi in terms of this section when the Kgosi assumes or resumes the exercise of his or her functions.
12. Incapacity of Kgosi or Mothusa Kgosi
(1) If by reason of old age or mental or physical infirmity or other incapacity a Kgosi or Mothusa Kgosi has become incapable of performing adequately the functions of his or her office, it shall be the duty of the senior member of the tribe to report the circumstances to the Minister.
(2) On receipt of the report, the Minister may call upon-
(a) the Mothusa Kgosi, if it is the Kgosi who becomes incapable of performing the functions of his or her office;
(b) the Kgosi, if it is the Mothusa Kgosi who becomes incapable of performing the functions of his or her office; or
(c) the senior member of the tribe if both the Kgosi and the Mothusa Kgosi become incapable of performing the functions of their office,
to assemble the tribe in kgotla to consider the circumstances of the case and, if necessary, to designate a person who shall perform the functions of the Kgosi or the Mothusa Kgosi, as the case may be.
(3) Subject to the provisions of subsections (4) and (5), the Minister shall, by notice published in the Gazette, appoint any person so designated to perform the said functions during the incapacity of the Kgosi or Mothusa Kgosi.
(4) If any question arises as to whether it was necessary for any person to be so designated, or whether any person so designated is fit to exercise those functions, or if there is any dispute as to whom the tribe has designated, the matter shall be decided by the Minister after consulting the tribe at a kgotla.
(5) Upon deciding any question under subsection (4), or if the Kgosi, Mothusa Kgosi or senior member of the tribe, as the case may be, has failed to summon a kgotla meeting to designate a person to exercise and perform the duties of the Kgosi or Mothusa Kgosi, the Minister shall, after consulting with the tribe, make such appointment as he or she considers appropriate.
(6) Any person appointed under subsection (3) or subsection (5) shall, during the incapacity of the Kgosi, be deemed, for the purposes of this Act, to be the Kgosi.
(1) If-
(a) the Minister has reasonable cause to believe that the Kgosi of any tribe; or
(b) any tribe or section of a tribe lodges with the Minister a complaint that the Kgosi of that tribe,
is incapable of exercising his or her powers, has abused his or her powers, is being insubordinate or is refusing or has refused to carry out lawful orders, or is for any reason not a fit and proper person to be a Kgosi, the Minister shall make such enquiry or cause such enquiry to be made as he or she may consider appropriate and shall afford the Kgosi an opportunity to be heard.
(2) If after the holding of an enquiry under subsection (1), the allegations made against the Kgosi are proved, the Minister may-
(a) caution or reprimand the Kgosi;
(b) order the stoppage of increment of the salary of the Kgosi;
(c) suspend the Kgosi;
(d) if he or she considers it to be expedient and in the interest of peace, good order and good governance, depose such Kgosi or extend the suspension for a period not exceeding two years.
(3) Where the allegations made against a Kgosi have not been substantiated at the enquiry, the Kgosi shall be reinstated.
14. Appeal against decision of Minister
(1) Any person who is dissatisfied with the decision of the Minister deposing or suspending him or her as Kgosi may appeal in writing to the President against the decision within two months of the giving of the decision.
(2) An appeal under this section shall not operate as a stay of execution of any order made by the Minister and such order shall be of full force and effect until such time as it is otherwise disposed of on the appeal.
15. Withdrawal of recognition from Kgosi
The Minister may, by notice published in the Gazette, at any time, withdraw recognition from a Kgosi if-
(a) the Kgosi has been deposed and his or her appeal against the deposition has been dismissed or the period allowed for appealing has elapsed without an appeal having been brought; or
(b) the Minister considers it to be in the public interest to withdraw recognition.
16. Appointment of person to act in place of suspended Kgosi
Notwithstanding the provisions of clause 11, the Minister may, after consultation with the tribe at a kgotla meeting, appoint a senior member of the tribe to act as a Kgosi in place of the Kgosi who has been suspended and whose appeal against his or her suspension has been dismissed or the period allowed for appealing has elapsed without an appeal having been brought.
