BECHUANALAND PROTECTORATE

No. 74 of 1934.

(Promulgated 4th January, 1935.)

PROCLAMATION
B y . H is E x c e l l e n c y t h e H i g h C o m m i s s io n e r
Entitled the Bechuanaland Protectorate Native Administration
Proclamation.
Whereas under and by virtue of Article two of the Order-
in-Council dated the ninth day of May 1891; the High
Commissioner is empowered on His Majesty’ s behalf to exercise
all powers and jurisdiction which Her late Majesty Queen
Victoria at any time before or after the date of that Order
had or might have within the territory of the Bechuanaland
Protectorate, and to that end to take or cause to be taken
all such measures, and to do or cause to be done all such
matters and things within the territory as are lawful and as
in. the interest of His Majesty’ s service he may think
expedient.
And whereas under and by virtue of Article four of the
aforesaid Order-in-Council the High Commissioner may from
time to time provide by Proclamation for the administration
of justice, the raising of revenue, and generally for. the peace
order ana good government of all persons within the territory,
and in the said Article it is directed that the High
Commissioner m issuing such Proclamations shall, respect any
native laws or customs by which the civil relations of any
Native Chiefs, tribes or populations under His Majesty’ s
protection are now regulated, except so far as the same may
be incompatible with the due exercise of His Majesty’s power
and jurisdiction.
And whereas it is desirable to make better provision for the
appointment, powers and functions of Native Chiefs, Sub-
Chiefs and Headmen in the Bechuanaland Protectorate,
hereinafter referred to as “ the territory” .
Now therefore under and by virtue of the powers in me
vested I do hereby declare, proclaim and make known as
follows: —
D e f i n it i o n s .
1. In this Proclamation and in any rules or regulations
made thereunder, unless inconsistent with the context—
‘ 1 Chief ’ ’ shall mean the Chief over any tribal area who
has been recognized in that capacity by the. High
Commissioner and confirmed therein by the Secretary
of State and shall include an Acting Chief;
“ district ” shall mean any Magisterial District established
as such hy the High Commissioner by notice in the
G azette;
“ Headman ” shall mean any person appointed as such by
the chief or sub-chief of the tribe or area affected;
“ intoxicating liquor ” or “ liquor ” shall mean any spirit,
wine, ale, beer, porter, cider, perry, hopbeer, kgadi,
or any liquor containing more than two per cent, by
volume of alcohol, and any liquor which the High
Commissioner may from time to time declare by notice
in the Gazette to he included in this definition, but
shall not include native or kaffir beer;
 “ Kgadi ” shall mean any fermented liquor made from
water to which the powder commonly known as
“ Seretse ” has been added and golden syrup, or treacle,
or molasses, or sugar, or honey, or moretlwa berries or
mogwana berries;
“ Kgotla ” shall mean the customary meeting of a tribe
or portion thereof in some duly recognized place for the
discussion of matters of tribal concern in accordance
with native custom ;
“ Magistrate ” shall mean any Magistrate or Assistant
Magistrate and shall include any officer duly appointed
to act in either of these capacities;
“ native ” shall mean any aboriginal native belonging to
any tribe of Africa, and shall include persons of mixed
race living as members of any native community, tribe,
kraal or location in the territory;
“ Native law and custom ” shall mean in relation to a
particular tribe or in relation to any native community
outside any tribal area the general law and custom of
such tribe or community except so far as the same
may be incompatible with the due exercise of His
Majesty’ s power and jurisdiction - or repugnant to
-morality, humanity or natural -justice or injurious to
the welfare of the natives;
“ Sub-Chief” shall mean any native who has been
appointed as such by the Resident Commissioner under
the provisions of section eleven;
“ Tribal - a re a ” shall mean any reserve defined in
Proclamations No. 9 of-- 1899, No. 55 of 1908, No. 28
of 1909, No. 2 of 1911, No. 31 of 1933, No. 44:of. 1933,
or any other area which has been or may hereafter be
defined by law as such reserve.
2. (1) Upon the occurrence o f a vacancy in the Chieftainship
of a tribe it shall be the duty of the tribe assembled in
Kgotla to designate the former Chief’ s successor according
to native custom and to cause his name to be submitted to the
Resident Commissioner with a view to seeking the - High
Commissioner’s recognition and the Secretary of State’ s
confirmation of his appointment. Provided that, where any
doubt arises-whether the person so designated is under, native:
custom the rightful successor to the Chieftainship or is a fit
and proper person to discharge the functions of a Chief the
Resident Commissioner shall hold a public inquiry- for the
investigation of the matter in doubt and shall report thereon
to the High Commissioner.
(2) In the event of a vacancy in the Chieftainship of - a
tribe- and pending the recognition of any Chief in terms of
section four or the approval of any acting Chief in terms of
section six the person who under -native law and custom
is charged with the duty of summoning the tribe to assemble
in Kgotla in order to designate the successor to the Chieftain­
ship in terms of this section; or to designate-an acting Chief
in terms of section six, shall act as Chief of the tribe.
3. Every Chief who at the date of the-taking effect of this
Proclamation is lawfully holding the- office of Chief shall be
deemed to have been recognized by the High Commissioner
and confirmed by the Secretary of State.
4. Every Chief may exercise the functions of his office so
soon as he shall have been recognized by the High Commis­
sioner.
5. (1) The Chief -and- tribe having assembled in Kgotla, the
Chief shall-proceed to designate the persons who under native
custom are entitled to -advise Mm as his Councillors,' and may
with the. approval of the tribe in Kgotla designate other
persons also t o be Councillors. The Chief1 shall notify -the
names of all his Councillors to the Resident Magistrate. Such
designation shall be made immediately after the coming into
force of this Proclamation and in the case o f a Chief who is
 recognized after such coming into force within one week of
his assumption of the Chieftainship: Provided always that
a Chief may from time to time designate as a Councillor
any person who may thereafter become entitled under native
custom to advise him as one of his Councillors, or designate
with the approval of the tribe in Kgotla any other person to
be one of his Councillors; whereupon any such additional
designation shall he notified forthwith to- the Resident
Magistrate. I t shall be the duty of the Chief in the exercise
of his functions to consult with these Councillors who, with
the Chief, shall be styled the Tribal Council.
(2) The Chief with the approval of the Resident Commis­
sioner may at any time terminate any Councillor's tenure
of office and shall do so if the Resident Commissioner after
consultation with the Chief shall so direct,
6. (1) If the person designated by the tribe as Chief under
section two is a minor the functions of the Chief shall be
discharged during such minority by an acting Chief to be
designated by the tribe in Kgotla subject to the approval of
the High Commissioner, and, in the event of failure by the
tribe to designate such Acting Chief within such time as the
Resident Commissioner may fix, the High Commissioner may
appoint an Acting Chief or Council.
(2) For the purpose of sub-section (1) the minority of a
Chief shall terminate and the appointment of an Acting Chief
or Council shall cease to have effect on such date as may he
fixed by the tribe in Kgotla subject to the approval of the
High Commissioner. In the event of the tribe in Kgotla
failing to fix such date when called upon to do so by the
Resident Commissioner, the date shall he fixed by the High
Commissioner.
7. I f the High Commissioner is satisfied that by reason of
old age or mental or physical infirmity or other incapacity
a Chief has become incapable of performing adequately or
for any reason has neglected1or failed to perform adequately
the duties of his office he may instruct the Resident Commis­
sioner to call upon the Chief to assemble his tribe in Kgotla
to designate subject to the approval of the High Commissioner
an Acting Chief or Council. In the event of failure by the
Chief so- to assemble his tribe in Kgotla or by the tribe to
designate such Acting Chief or Council within such time as
the Resident Commissioner may fix, the High Commissioner
may appoint an Acting Chief or Council to act with or on
behalf of the Chief in administering the affairs of the tribe,
provided that if in any such matter the Chief shall fail to
seek the advice of such Acting Chief or Council or having
sought such advice shall fail to act in conformity with it,
such Acting Chief or Council may act in such matter in, the
place of the Chief and any such act of the Acting Chief or
Council shall be for all purposes as valid as if it had been
performed by the Chief.
8. I f the High Commissioner declines to recognize the
appointment of any Chief or withdraw his recognition of such
appointment or if the Secretary of State declines to confirm
or cancels his confirmation of such appointment such Chief
shall thereupon he suspended from the exercise of the powers
and functions of the Chieftainship, provided that such
recognition or confirmation shall not he withheld withdrawn
or cancelled until the Chief has been afforded an opportunity
to show cause to the High Commissioner or to the Resident
Commissioner if deputed thereto by the High Commissioner
against such withholding withdrawal or cancellation. During
the period of suspension of any Chief from the exercise of the
powers and functions of the Chieftainship, the powers and
functions of the Chieftainship shall be exercised by an Acting
Chief to be designated by the tribe in Kgotla subject to the
approval o f the High Commissioner, and in the event of
failure by the tribe to designate such Acting Chief within
such time as the Resident Commissioner may fix the High
Commissioner may appoint an Acting Chief or Council.
 9. In -th e event of-a tribe desiring to depose a Chief such
desire shall be forthwith- reported to the Resident Com­
missioner, and an -opportunity; shall be afforded to the -Chief
of making to the -H igh: Commissioner such representations as
he may wish to make.. The High Commissioner if it appears
to him. that the-.desire reported -represents.-the wishes of a.
reasonably large portion of the tribe, may refer sack represen­
tations to the Spfeejal Court acting as a . Commission of
Enquiry with all thepjpowers and authority-of a Commission
appointed under the-provisions of Proclamation No. 30 of
1983 for investigation1.',-and report and upon - receipt of the
report of the Special C ourt. may authorize or decline to
authorize-such, deposition: Pending the decision of the High
Commissioner the Chief shall as from a date to be fixed by the
Resident Commissioner be suspended from exercising the
powers and functions of Ms office. If the High Commissioner
shall authorize the deposition the office of Chief shall forth­
with become vacant and the necessary proceedings as provided
by this. Proclamation shall be taken for designating another
person as Chief. If the High Commissioner shall decline to
authorize the deposition the Chief shall be- restored to the
exercise of the powers and functions of his office. The High
Commissioner shall not authorize such deposition without
prior reference to the Special Court of any representations
which may have, been made by -the Chief concerned but may
decline to authorize such deposition without prior reference
to- the Special Court.
- 10. (1) When a Chief has been suspended from the exercise
of -the powers and functions of his office in accordance with
section eight or has been deposed in accordance with section
nine the High Commissioner may, if he is satisfied that i t is
necessary for the re-establishment or -maintenance of peace
order and good government in the tribal area over which such
Chief-has-exercised authority, by an order under his hand
instruct the Resident Commissioner to issue an order- directing
such Chief to leave such tribal -area. -within- such time- as may­
be specified in the order or to leave the tribal area within
the said time and not to enter or be found therein or within
any other portion of- the territory specified in the order.
Provided .-that where the High Commissioner is satisfied that
there : is reasonable ground for apprehending that grave
disturbance of the peace may ensue unless the Chief is forth­
with removed from the tribal area- he may- by an order in
writing under his hand authorize the Resident Commissioner
to cause the Chief t o 1be arrested forth w ith a n d removed
-in custody outside the tribal area or to aay place named in
the order. Before an order is made under this section-the
High Commissioner shall- afford to the Chief an opportunity
of making any representations against such order unless in
the opinion of the High Commissioner the circumstances are
such that any delay in making the order--would endanger the
maintenance of peace, order and good government, and in
such case any Chief who has complied - with the order may
make representations to the High Commissioner-showing cause
why-such order should be modified or withdrawn.
(2) Any Chief upon whom an order-has "been served under
sub-section (1) who -shall -refuse or neglect to comply therewith,
or who, having left such area, shall, return thereto or shall
be found in any portion of the territory-specified in the order
without the consent of the High Commissioner, shall be guilty
of an -offence,. and shall on conviction be liable to imprison­
ment, with- or without hard labour, -for a period not exceed­
ing six months, and the-High Commissioner'may, by an order
-in writing under his. hand, order him-to- be removed either
forthwith or on -the expiration of ahy term, o f imprisonment
to which he may have been sente-noted-, as- aforesaid, to- such
-part-of the territory as the- High -Commissioner, may by such
-order direct, and such- order -shall be-sufficient warrant for his
removal in-custody to that part o f the territory.
 (3) Nothing in this section or in any order issued there­
under contained shall be interpreted or applied so as to pro­
hibit or prevent any Chief who has been suspended from the
exercise of the powers and functions of his office in accordance
with: section eight or who has been deposed in accordance with
section nine from leaving the territory.
11. The Resident Commissioner after consultation with the
natives concerned may appoint a Sub-Chief over any com­
munity of natives occupying an area which is not a tribal
area, and may, after like consultation, revoke such appoint­
ment.
12. In any, areal othfr Allan a tribal area the Sub-Chief shall
exercise overt the.;. actives placed under his charge such
authority and- '^ di§^ > f the functions of a Chief as, the
Magistrate with t‘hl|Approval of the Resident Commissioner
may confer on him. f t t
13. Subject to the provisions of this Proclamation every
Chief, Sub-Chief and Headman shall exercise his,authority in
consultation with his Council or Kgotla in accordance with
native law and custom.
14. Any person who shall conspire against or subvert or
attempt to subvert the authority of any Chief or Sub-Chief
shall be guilty of an offence and on conviction shall be liable
to such punishment as may lawfully be inflicted for the crime
of sedition: Provided that no one shall be deemed to have
conspired against or subverted or attempted to subvert the
authority of any Chief or Sub-Chief if he is able to prove to
the satisfaction of the Court that he intends or intended in
good faith only—
(a) to show that any Chief or Sub-Chief has been misled or
mistaken in his measures; or
(b) to point out errors or defects in the administration of
the tribe or community or in the administration of.
justice with a view to the reformation of such alleged
errors or defects or to urge the members of the tribe
or community to attempt to procure by lawful means
the alteration of any matter connected with such
administration.
15. (1) Every Chief or Sub-Chief shall be responsible to the
Government for the maintenance of law and order and the
prevention of crime among the natives residing in the area
over which his authority extends, and for the fulfilment of his
duty such Chief or sub-Chief shall, in addition to the powers
conferred upon him by this Proclamation and subject to the
provisions thereof, exercise such powers as may be vested in
him by virtue of native law and custom as defined by this
Proclamation and it shall be the duty of any Chief or Sub-
Chief immediately to bring to the notice of the Magistrate
of his district any conditions of unrest or dissatisfaction or
any other matter of serious import or concern to the Govern­
ment.
(2) Whenever a Chief or Sub-Chief has occasion to absent
himself from the area in which he exercises authority he shall
inform, the Magistrate of the district and shall designate to
such Magistrate the person who will take charge of the area
during his absence and on his behalf. A Headman intending
to be absent from the sphere of his duties shall report such
absence to his Chief.
16. Every Headman shall, in respect of the area under his
charge, be responsible to his Chief or Sub-Chief for the preser­
vation of peace, and good order and the prevention of crime
among the natives living therein and shall carry out any
lawful older given to him by such Chief or Sub-Chief.
 17. (1) I t shall 1)0 the duty of every Chief or Sub-Chief to
comply with all laws and to carry out such lawful orders and
instructions as.may from time to time be given te him by the
Resident Commissioner personally or through'the Magistrate
of the district. It shall also- be his , duty to. render within the
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„ , - - --- - ------ J
required to do so- shall- issue orders to he' obeyed by the
natives within the area under his authority-in respect of the
same: —
(a) Restricting or prohibiting the manufacture of any-
intoxicating: liquor .and the sale or supply of such liquor
to natives;
ib) prohibiting or restricting the sale, supply" or cultivation
o f :poisonous or noxious plants and'the manufacture of
noxious drugs or poisons; i ■
(c) prohibiting any act' or conduct which in the opinion of
the Masistrate.-rfer Chief misht cause a riot or a dis-

of any stream or watercourse; .

(a) regulating the- cutting of timber and prohibiting the
wasteful destruction of trees; - .
if) requiring natives to report the deaths of persons sus­
pected to have been caused by violence or by other than
natural causes ;
(g): requiring natives to report cases of infectious or con­
tagious diseases whether of human beings or animals
and generally for the prevention of the spread of such
diseased ;
(A) for the collection of such statistics, including, vital
statistics, as may be called fo r by the Government;'
(i) requiring natives to report the presence within the'tribal
area of any stolen property;
(j) for the protection of roads;
(k) for the protection and preservationj of game; .
(?) requiring th e :natives of the tribal area to co-operate in
any measures taken for the purpose of exterminating
or preventing the spread of the Tsetse fly, locusts) mos-
' quitoes, or pests of a like nature;
(m) for the prevention and extinction' of grass and bush
■fires;
(w) reporting the presence of any. fugitive offender1in the
■ area;" 1
(o) reporting the: illicit-introduction into the area of ianiis,
ammunition, and'intoxicating liquor;
(p) reporting the presence in the area of strange ; stock
without lawful permit;
(q) reporting the commission or suspected commission of
crime and offences;
(r) for any other purpose prescribed by the Resident Gotn-
missioner with the approval o f the High Commissioner.

in accordance with native law and custom and shall thereupon

be binding on the native or natives to whom it shall-apply.
(3) Any native who shall disobey any order given- under
this sectios shall be-guilty of an offence and om conviction by
the court dr native tribunal-having-jurisdiction shall be liable
to a fine not exceeding five pounds or in default 'of. pay ment
to imprisonment for a- period - not exceeding. one month.1
 18. (1) Whenever a Magistrate shall consider that any order
issued by a Chief, Sub-Chief or Headman in his district should
not have been issued or should not be enforced, he may,
after discussion with such Chief, Sub-Chief or Headman direct
such Chief, Sub-Chief or Headman to suspend the carrying
out of such order and shall forthwith report the matter to the
Resident Commissioner who may uphold revoke or modify such
order.
(2) As from the date of the suspension of any such order
no proceedings shall be taken or continued for the enforce­
ment thereof and no penalty incurred thereunder shall be
enforced unless and. until the order has been confirmed by
the Resident .Commissioner.
(3) Where the Resident Commissioner has revoked any such
order any conviction for a contravention of the order before
the date of such revocation shall be set aside and any fine
imposed under any'such conviction, which has been paid by
the person convicted, shall he refunded to him.
19. No levy of nfoney or in kind shall be imposed upon or
exacted from any'native save under authority of a law of the
territory except 1with the written approval of the Resident
Commissioner stud subject to such conditions as he may pre­
scribe. The .Resident Commissioner shall not give such
approval unless the tribe or native community concerned duly
assembled in Kgotla for the purpose shall have previously
consented to the levy, and if satisfied that such consent has
been given he shall! not withhold his approval without having
afforded the Chief an opportunity of representing to him the
reasons why the proposed levy is considered by the Chief and
the tribe necessary or desirable in the interests of the tribe.
Every decision by the Resident Commissioner under this
section shall forthwith be reported by him to the High
Commissioner.
20. No contract entered into or obligation undertaken by a
Chief, Sub-Chief or Headman in the territory (whether with
or without the consent of his advisers according to native
law and custom) shall be binding upon the tribe or upon any
community of natives under such Chief, Sub-Chief or Headman
unless the approval of the High Commissioner shall have been
given thereto in writing or unless the subject matter thereof is
of a value in all under two hundred and fifty pounds.
21. No tribe or community of natives or portion of a
tribe or community of natives shall be held responsible for the
personal obligations of any Chief, Sub-Chief or Headman.
22. (1) A Chief or Sub-Chief may, in accordance with native
law and custom, call upon the natives in his area to perform
any of the following services without payment or remunera­
tion in cash or in k in d : —
(а) Services necessary in times of national emergency in
order to avert a calamity or threatened calamity such
as fire, flood, famine, earthquake, violent epidemic or
epizootic diseases whether human or animal, invasion
by animal, insect or vegetable pests, and in general any
circumstance that would endanger the existence or the
well-being of the whole or part of the population.
(б) Minor communal services of a kind which, being per­
formed by the members of a tribe or community in the
direct interest of the said tribe or community, can
therefore be considered a part of the normal civic
obligations incumbent upon the members of the tribe or
community, provided that the tribe or community in
Kgotla shall have the right to be consulted in regard
to the need for such services.
(c) Personal services to a Chief or Sub-Chief which are
recognized by native law and custom (such as the
ploughing of the Chief’ s tribal lands) and are undertaken
in order in enable such Chief or Sub-Chief to main­
tain his position as head of the tribe and discharge
the duties of his office.
 (2) Save as in sub-section (1) provided, a Chief, Sub-Chief
or Headman shall not exact any work or service from any
native in his area under the menace of any penalty for its
non-performance, and shall not employ any native on per­
sonal or tribal work or service who has not offered himself
voluntarily for such work or service.
23. Any person contravening or failing to comply with or
being guilty of an offence against any of the provisions of this
Proclamation or of any regulations made thereunder for which
ho penalty is specially provided shall be liable on conviction
by a Court of Resident. Magistrate to a fine not exceeding
fifty pounds or in default of payment to imprisonment with
or without hard labour for a period not exceeding six months.
24. The High Commissioner may make, alter and repeal
regulations to facilitate the: carrying into effect of this Pro­
clamation and in particular but without -Iprejudice, to the
generality of the-dgjfejjbihg for prescribing and defining the
conditions under^ jfifich services may be required to be
rendered under, sfj'ctkm twenty-two. Such regulations may
prescribe penalties far. any contravention thereof.
25. This Proclamation may be cited as the Bechuanaiand
Protectorate Native Administration Proclamation, 1934, .and
shall have-force and take effect from the date of its publica­
tion in the Gazette.
G od : S a v e the K in g ,
;Given under my Hand and Seal at Capetown this Twenty-
eighth day of December One thousand Nine hundred and
Thirty-four.
H, J. STANDBY,
High Commissioner.
By Command of His Excellency
the High Commissioner.
E-. COHEN,
for Administrative .Secretary.