Some acts in Botswana

1. 
 The Marriage Act is applicable to all marriages conducted
in Botswana including those done under customary law
or any religious rite.
 The act gives guidance on how civil, customary and
religious marriage should be conducted in order for them
to be considered legal in Botswana.
 For the marriage to be valid the Marriage Act emphasises
that marriage should be conducted by marriage officers
who can be either Administration or District Officers, any
Minister of Religion or a person holding a responsible
position in any religious denomination.
The Marriage Act

2. 
 It is important to note that in Botswana people choose who to
marry.
 However, marriage between people who are closely related is
not allowed.
 For instance, marriage between parent and child, parent and
grandchild and so forth is forbidden.
 As mentioned earlier on, Marriage Act also gives guidance on
marriage done according to Setswana custom or any other
traditional way.
 After the marriage has been conducted it should be registered
within two months with the Registrar of Marriages.
 It is evident, however, that Batswana do not register their
marriages
The Marriage Act cont.

3. 
 This is not safe as one spouse can easily marry the second
partner as their marriage to the other spouse would be
missing from the marriage register at the Ministry of
Home Affairs.
 The Marriage Act empowers the Registrar of Marriages to
reject or accept the marriage depending on the prevailing
situation.
 If the marriage has been accepted, Registrar of Marriages
shall issue to the spouses a certificate of registration
bearing the prescribed particulars.
 There are different types of marriages that exist in
Botswana and below are some of them.
The Marriage Act cont.

4. 
 One type of marriage we have in Botswana are civil marriages.
 These are marriages done according to common or modern law.
 These marriages are usually conducted by the Administration or
District Officer (Molaodi) who makes sure that all the necessary
steps are correctly followed.
 One of the first steps is to announce or publicise the marriage
notice in a public place like Church or at the District
Administration Offices for three successive weeks before the
marriage day.
 However, special licences can be obtained from the Administration
or District Officer so that certain legal procedures cannot be
followed.
Civil marriages

5. 
 One of the most widely practised form of marriage in
Botswana is the Customary Marriage. This form of
marriage usually involves the giving of bride price,
or bogadi / lobola, usually in form of livestock given
to the bride's family. It is usually meant to validate a
marriage and cement relations between the two
families. It is important, however, to note that there
are some people amongst some groups such as
Bangwato who do not demand lobola especially
when the two families are from the same area.
Customary marriages

6. 
 Customary marriages involve a lot of negotiations
that lead to marriage where the most influencial
people are usually the aunts and the uncles. These
are family members considered crucial for the
wedding to continue and they are culturally
expected to bless the union. The uncles usually give
the newlyweds presents in form of cattle, goats and
sheep to show their support and commitment to the
success of the marriage.
 Apart from the customary marriages there are also
religious marriages.
Customary marriages
cont.

7. 
 We have many different religions in the world in
which different people believe.
 However, the majority of these religions regard
marriage as a sacred union between two people,
usually called husband and wife after marriage.
 Marriage in a religious perspective involves love,
companionship, peace and friendship.
 Many believers, especially Christians believe that
marriage is given by God as a lifelong and loving
union between two people.
Religious marriages

8. 
 To seal their marriage the two parties involved make their
vows, promising to love, honour and be faithful to each
other for life.
 They then exchange rings as a sign of the love they would
eternally share and the promise they made to each other.
 All these are conducted by a Minister of a Church who
also counsels the couple before joining them in marriage.
 Before the marriage ceremony the Church Minister
announces to the congregation the intention of the bride
and groom to marry.
Religious marriages cont.

9. 
 This announcement is usually done during church
services for all to hear.
 At the end of it all, most religious couples sign a
Marriage Register which means that they are now
husband and wife in the eyes of both the law and the
Church.
 Then they are given a marriage certificate by the
church Minister.
Religious marriages cont.

10. 
 Chieftainship Act, explains what a Chief
or Dikgosi are and their general functions.
 The act describes a Kgosi as an individual who has
been designated or appointed as one in accordance
with customary law by his Morafe assembled in the
Kgotla and has been recognised as a Kgosi by the
Minister of Home Affairs.
The Chieftainship Act

11. 
 A given Morafe or ethnic group can appoint someone to
act as a Kgosi if the rightful heir is still below age, that
below twenty-one years or still pursuing her or his
studies or is unable to take the throne for whatever
acceptable reason.
 The appointed person is called a Regent and he or she
assumes all the powers of a Kgosi.
 The Minister concerned has the power to remove or
suspend the Regent if he or she is not fit to perform his or
her duties due to any given reason and any person can be
appointed by the Minister to act as a Kgosi.
The Chieftainship Act
cont.

12. 
The act also explains the duties of the Kgosi which include
the following:
 To promote the welfare of the members of his Morafe
 To carry out any instruction given by the Minister of
Home Affairs
 To ensure that the Morafe is informed of any
development projects in the area which affect them
 To call Kgotla meetings to solicit advice on how to
execute his functions
 The Kgosi is also responsible for ensuring that his Morafe
is safe and secure from any harm and danger.
The Chieftainship Act
cont.

13. 
 The Chieftainship Act currently recognises that there are
only eight "principal" Merafe in Botswana.
 They are Bangwato, Batawana, Bakgatla, Bakwena,
Bangwaketse, Balete, Barolong and Batlokwa.
 However, as you may know this act is being amended to
include other Merafe found in the country who have been
left out when the constitution was written.
 In conclusion, we can say a chief can only effectively
perform his duties if there is co-operation between
members of his Morafe and is operating within the Act.
The Chieftainship Act
cont.