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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Tshekedi Khama and ANO vs. High Commissioner: The Making of the Court
Author:Otlhogile, Bojosi
Year:1993
Periodical:Botswana Notes and Records (ISSN 0525-5090)
Volume:25
Pages:29-38
Language:English
Notes:biblio. refs.
Geographic terms:Botswana
Southern Africa
Subjects:indirect rule
lawsuits
Law, Human Rights and Violence
Politics and Government
colonialism
History and Exploration
law
Tshekedi Khama and ANO vs. High Commissioner (legal case)
jurisprudence
imperialism
Links:https://www.jstor.org/stable/40979979
http://search.proquest.com/pao/docview/1291919263
Abstract:Britain's Bechuanaland Protectorate (now Botswana) was not established through conquest but by mutual agreement between the parties involved. Various Orders in Council dealing with Britain's position as protecting power made it clear that the Tswana chiefs were allowed to continue to administer their internal affairs according to native law. In 1930, however, the British informed the chiefs of their intention to make statutory provision 'in order to establish on a proper legal footing the jurisdiction and powers of the courts of the chiefs in the Protectorates, when trying cases in accordance with native law and custom'. The chiefs objected to the announced proclamations because they saw them as undermining their powers. In 1936, chief Tshekedi Khama brought an action against the High Commissioner with the aim of restraining him from implementing the proclamations. This paper addresses the legal aspects of the case and examines the decision taken by the court. Notes, ref.
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