Judgment in the legal tussle between Basubiya Paramount Chief, Munitenge Lawrence Liswani Sinvula III, and the government over his salary scale has been set for June 26, 2026.
The case returned to the Maun High Court this week, with attorneys for both the applicant and the respondent presenting heads of argument before Judge Godfrey Nthomiwa. This follows the settlement of a related matter before Judge Bugalo Maripe, in which the State withdrew a letter derecognising Sinvula III as Paramount Chief of the Veekuhane tribe.
The applicant is now seeking declaratory relief confirming that, by virtue of his recognition as Kgosi, he is entitled to remuneration at the E2 salary scale, along with any consequential relief deemed appropriate by the court.
Kgosi Sinvula III was initially appointed in 2020 as Kgosi (sub-chief) of Kavimba under Section 21 of the Bogosi Act and was remunerated at the D2 scale. In 2023, he was recognised as Kgosi of the Basubiya tribe under Section 6(2), yet he continued to receive a D2 salary. His attorney, Mishingo Jeremia, argues this is inconsistent with the governing framework and unsupported by law.
Jeremia contended that once the applicant was recognised under Section 6(2), he became entitled to the E2 scale, placing him in the same legal position as other Dikgosi recognised under the same provision. He noted that his client has consistently disputed the D2 classification.
“Those representations culminated in correspondence from the respondent, including a letter seeking to derecognise the applicant, which underscores the existence of a live dispute rather than any acceptance of the D2 classification,” Jeremia argued. He further maintained that the government’s refusal to apply the E2 directive constitutes unfair and arbitrary administrative conduct.
However, Deputy Attorney General Carlos Salbany, representing the State, argued that the applicant accepted the D2 salary at the time of his appointment. Salbany emphasised that the applicant was aware the position carried a D2 scale the same as his predecessor—and that his current duties remain unchanged.
“The applicant has, for all intents and purposes, known that the position he holds entitles him to earn at the D2 salary scale only. The right the applicant can seek to enforce is what was agreed upon with the government, which he accepted and is binding,” Salbany said.
The Deputy Attorney General further argued that Kgosi Sinvula III is significantly out of time to lodge a review application, noting a delay of several years since the initial appointment in 2020 and the ministry’s 2023 refusal to amend the salary.
“The applicant has brought this as a declarator and not a review to avoid explaining the reasons for this delay,” Salbany added.
In his upcoming ruling, Judge Nthomiwa will determine whether the applicant is entitled to the E2 scale and whether the application constitutes a “disguised review” or was properly brought as a claim for declaratory relief. The court will also decide on the matter of legal costs.
