Demise or resilience? Customary law and chieftaincy in twenty-first century Botswana

Abstract

This paper utilises the concept of customary law as it relates to the institution of chieftainship (bogosi). It shows how bogosi has maintained its strategic position, administrative muscle and influence amid attempts by the colonial and postcolonial state to emasculate it. It maintains that bogosi has been able to adapt to changing socio-economic and political landscapes. While the institution's powers have been gradually undermined by the government since independence, chieftainship has, on the other hand, entrenched itself, manipulated the system and made substantial gains. Chiefs and traditional institutions have manipulated their legitimacy to bolster their resilience. It is argued that despite assertions that chieftainship has been overtaken by events, the reality is that the institution has become central to government and cannot be discarded. It is a traditional institution with immense clout and appeal playing an indispensable role in Botswana's socio-political and economic system.