CAB129-52 — Page 56

Interpretation

Declarations regarding the succession to the Chieftainship and

other connected

matters.

Filling of the vacancy in the Chieftainship and interim provisions.

Now, therefore, Her Majesty, by virtueband in ex

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of the powers in this behalf by the Foreign Jurisdiction

(a) Act, 1890 or otherwise in Her Majesty vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:-

1. (1) In this Order, unless the context otherwise

requires

"High Commissioner" means the person for the time

being performing the functions of Her Majesty's High Commissioner for Basutoland, the Bechuanaland Protectorate and Swaziland;

"native law and custom" means the native law

and custom of the Bamangwato Tribe as modified

by any Ordinance, Act, Order in Council

(including this Order), Proclamation, rule,

regulation or other enactment or instrument which is for the time being in force in the Bamangwato Reserve;

"Tribe" means the Bamangwato Tribe of the Bechuanaland Protectorate.

(2) The Interpretation Act, 1889(b), shall apply

for the interpretation of this Order as it applies for the interpretation of an Act of Parliament.

2. It is hereby declared that neither Seretse Khama nor Tshekedi Khama nor their children shall hereafter be eligible to be Chief, or Acting Chief, or Regent, of the Tribe, or to be a member of a Council of Regency of the Tribe, or to summon the Tribe in Kgotla for any purpose, or to preside or exercise any of the functions of the president at any Kgotla of the Tribe.

3. The High Commissioner shall take all action which he may deem appropriate, including the enactment, in pursuance of the powers vested in him in that behalf, of any Proclamation which he may deem appropriate, with a view to

(a) the filling of the present vacancy in the Chieftainship

of the Tribe, subject to the provisions of this Order, by a successor who is

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(i) designated by the Tribe, according to native law and custom, at a Kgotla summoned and presided

over by the person empowered in that behalf under or by virtue of a Proclamation enacted in pursuance of paragraph (b) of this Article, and

(ii) recognised as Chief by the High Commissioner and

confirmed as Chief by the Secretary of State;

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(a) 53 and 54 Vict. c. 37 (b)

52 and 53 Vict. c. 63

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