- High Court rules against his de-recognition by government
The Maun High Court has delivered a resounding victory for the institution of Bogosi and the Basubiya people, ruling that the government’s decision to de-recognize Munitenge Lawrence Liswani Sinvula III as Kgosi of the Basubiya tribe was unlawful.
Delivering the judgment on Monday, Justice Godfrey Nthomiwa set aside the minister of local government and traditional affairs Ketlhalefile Motshegwa’s decision, confirming Kgosi Sinvula’s status and rights as the officially recognised leader of his tribe under Section 6(2) of the Bogosi Act, Cap. 41:01.
Delivering judgement, Nthomiwa stated, “…the decision by the minister to de-recognise the Applicant as Kgosi of the Basubiya and ‘rectify’ his appointment to fall under Section 21, instead of Section 6(2) of the Act, was illegal, procedurally improper and unreasonable, as it was taken outside the powers granted under the Bogosi Act, Cap. 41:01 without any consultation, notice, or enquiry as required by law.”
The application, which brought the political leadership of the country “against Basubiya Bogosi,” stemmed from a September 2025 decision by the Minister to “rectify” Kgosi Sinvula’s appointment. This action would have downgraded his recognition from Kgosi of the entire Basubiya tribe to merely a Kgosi (sub-chief) of the village of Kavimba under Section 21 of the Act.
Justice Nthomiwa found that the Minister’s unilateral action was void, emphasizing the mandatory procedural steps required by law.
Kgosi Sinvula ascended to the Basubiya throne in 2020 and was officially recognised as Kgosi of the Basubiya tribe on February 24, 2023, via a Government Gazette Notice citing Section 6 (2) of the Bogosi Act.
The dispute arose after the Applicant sought to have his remuneration rectified to the higher scale (E2) associated with a Section 6(2) Kgosi—a status that typically includes a tribal territory and an automatic right to the Ntlo ya Dikgosi (House of Chiefs).
In response to his complaint, the Ministry abruptly reversed course, first stating, “I must hasten to state that you are not a Kgosi for Chobe but for the village of Kavimba,” before issuing the de-recognition letter four days later. The Applicant argued that the Minister’s “precipitous and unjustified de- recognition” caused “immediate and grave harm” and “left the Basubiya Tribe restless.”
The ruling re-establishes certainty in the leadership of the Basubiya tribe and reaffirms the judiciary’s role in protecting the legal integrity of traditional institutions against arbitrary executive action.
The court’s decision means the recognition of Munitenge Lawrence Liswani Sinvula III as Paramount Chief of the Basubiya tribe under Section 6(2) is immediately restored and continues in full effect. The Applicant was also seeking costs on an attorney-and-client scale “as a mark of the courts disapproval of the conduct of the respondents.”
