- – victory is a win for the recognition of all tribes in Botswana, says attorney
In a historic milestone for the Basubiya (Veekuhane) tribe, the Maun High Court last week Friday ruled that Kgosi Munitenge Lawrence Liswaani Sinvula III is legally entitled to the premier E2 salary scale, matching the remuneration of other Paramount Chiefs in Botswana.
Maun High Court Judge Godfrey Nthomiwa ordered the government to pay Kgosi Sinvula all salary arrears dating back to February 2023 within 90 days. The state was also ordered to cover the legal costs of the application.
The lawsuit follows a legal battle rooted in a September 2025 urgent application, which challenged the government’s previous attempt to de-recognise Kgosi Sinvula as the leader of the Chobe District’s Basubiya tribe. Government would early this year withdraw the letter that sought to derecognise him. The core of the recent dispute centered on the legal determination of his pay following his official recognition under Section 6(2) of the Bogosi Act.
Kgosi Sinvula requested a declaratory relief from the court to confirm that his statutory status as the recognized leader of a tribe guarantees him the top-tier E2 salary scale.
The leader was originally appointed in 2020 as the Sub-Chief of Kavimba under Section 21 of the Bogosi Act, which carried a lower D2 salary scale. However, his legal status changed in February 2023 when he was officially recognized and gazetted as the Kgosi of the entire Basubiya Tribe.
The state opposed the application, raising points in limine (preliminary technical objections). Government attorneys argued that the leader had already accepted the lower D2 pay, that the lawsuit was an improper attempt to review an administrative decision, and that pay scales should be dictated by administrative functions rather than statutory status.
Judge Nthomiwa rejected the state’s arguments. He ruled that Kgosi Sinvula established a clear legal right to the E2 salary scale based on his 2023 statutory recognition.
The judge declared that the government failed to provide any lawful justification for keeping the leader on the lower D2 pay grade. He described the state’s actions as an unlawful and unequal application of the country’s governing legal framework.
“The applicant has further demonstrated that this matter is properly brought by way of declaratory relief, that all the requirements for such relief have been satisfied, and that the respondent’s defences are both factually and legally untenable,” Judge Nthomiwa ruled.
The court found the government in direct breach of its statutory duties. The state had ignored its own rules outlined in Government Directive Ref: MLG 4/1/5 1 (9), dated April 12, 2017, which governs tribal leader compensation.
Speaking after the ruling, Kgosi Sinvula’s attorney, Mishingo Jeremia, emphasized that the judgment sets a powerful precedent for tribal equality across Botswana.
“This is not just a win for Munitenge and the Basubiya as a tribe, but it is also a win for the recognition of tribes in Botswana,” Jeremia said. “It reflects that all tribes are equal and must be respected.”
