The Commission in the Traditional Leadership Dispute in Respect of the Bakgatla ba Kgafela Community according to the below terms of Reference is to cover the following:
Terms of Reference:
1:1 The Role of a Paramount Chief in terms of tradition and custom specifically in Botswana V/s Moruleng 1.2: The powers and procedure if any to appoint a Senior Traditional leader of Bakgatla ba Kgafela in Moruleng 1:3: To determine who the rightful heir is, in terms of tradition and custom, had Tidimane Pilane not acted in the manner indeed which led to the appointment of Nyalala Pilane 1:4 The merits and demerits of Merafhe Ramono’s claim as Senior Traditional Leader as was referred to the North West Provincial Community during 2014. 1.5: The Role of Senior Traditional Leader of Bakgatla ba Kgafela in Moruleng 1:6: The correct relationship between Kgafela Kgafela II and the Senior Traditional Leader in Moruleng under our constitutional dispensation 1:7 The role of 32 sub villages officiating the appointment of Senior Traditional Leader in Moruleng village. 1.8: The role of the 32 villages under Moruleng in the acquisition-making process 1.9: The flow of financial benefits in any transactions conducted with any third party in the name of or on behalf of Bakgatla ba Kgafela by any person It is important to emphasise that the Premier of the North West, Supra Obakeng Ramoeletse Mahumapelo in December 2015, presented findings of the North West Provincial Committee on Traditional Leadership Claims and Disputes to the Royal Family. The Premier issued a statement that he had decided to set aside the outcomes of the committee in favour of judicial commission of enquiry to investigate Bogosi of Bakgatla-Ba-Kgafela and hence the current commission, Chaired by Judge Maluleke. It is also important to note dear reader that the current dispute and claimaincy to the Bogosi of Bakgatla ba Kgafela in Moruleng is not a new development. Kgosi Kgolo Linchwe II, Kgafela Kgafela II’s father also had to deal with it and the matter ended up at the High Court in Mahikeng. These succession disputes arose at the time of Tidimane Ramono Pilane in or around 1993, certain members of the community had approached the High Court to seek various orders. Furthermore, it must be noted that Mr Merafe Ramono during 2013 referred the leadership dispute to the North West Provincial committee of the commission where recommendations were not approved as per reasons advanced on the 24 Feb 2016, hence the commission to investigate and find solution and settlement to the matter.
Day 0ne: 19th September 2016
The commission finally resumed on the 19th September 2016 at the Rustenburg Civic Centre. On the first day of its sitting, the Commission failed to run to the business of the day as there were so many heated legal debates with Kgosi Nyalala’s legal team trying to buy time and asking Judge Maluleke to postpone the sitting to the 26th September 2016. At that sitting Nyalala’s legal team was comprised of seven legal eagles led by Senior Advocate Lebala paid R 1 Million. Kgosi Kgolo Kgafela Kgafela legal team was comprised of only two legal brains, being Advocate Sydney Tshepiso Pilane and Morena Mmusi Kgafela. Kgosi Nyalala’s legal representatives in their submission pleaded with Judge Maluleke to postpone the commission to 26th Monday 2016, reason being that they had filed an urgent application to Mahikeng High Court seeking relief from stopping Kgosi Kgolo Kgafela II to install Mpule Pheto as Senior Tribal Authority of Bakgatla ba Kgafela II on the 24th September 2016. However, Kgosi Kgolo Kgafela Kgafela II clarified during the commission proceeding that the events of the 24th were about celebrating Bakgatla ba Kgafela cultural heritage day and not about installation of Mpule Pheto as a Senior Tribal Authority as was alleged by Kgosi Nyalala and his legal team. Kgosi Nyalala Pilane was cited as the first applicant in the urgent application to the Mahikeng High Court that also sort to interdict the Premier Supra Mahumapelo, Judge Maluleke, Kgosi Kgolo Kgafela Kgafela II as well as Mpule Pheto. In response to the claims submitted by Kgosi Nyalala’s legal team, Kgosi Kgolo Kgafela Kgafela II quashed their claims and requested Judge Maluleke to continue with the proceedings of the commission.
Day two: 20th September 2016.
Kgosi Kgolo Kgafela Kgafela II started on day two by leading with his evidence which lasted for eight working days. He started his evidence by answering terms of reference 1.1 ( The Role of a Paramount Chief in terms of tradition and custom specifically in Botswana V/s Moruleng and 1.2 (The powers and procedure if any to appoint a Senior Traditional leader of Bakgatla ba Kgafela in Moruleng). In his submission Kgosi Kgolo Kgafela Kgafela II, cited many cases dating as far back as 1994 and the subsequent ones that followed thereafter answering the same questions as specified in the ToR 1.1 and 1.2. He also relied on letters and affidavits signed by Kgosi Nyalala Pilane and in all those letters and affidavits Kgosi Nyalala Pilane acknowledges and recognises Kgosi Kgolo Kgafela Kgafela II as the rightful heir of Bogosi ba Kgafela both in Botswana and South Africa (Moruleng) and also stated that he acknowledges that the Royal House is in Mochudi.
Day three to five 21st September 2016 to 25th September 2016
Kgosi Kgolo Kgafela Kgafela II continued with his submissions following the ToR including the thorny one ToR 1.9 (The flow of financial benefits in any transactions conducted with any third party in the name of or on behalf of Bakgatla ba Kgafela by any person). Kgosi Kgolo Kgafela Kgafela II also challenged the legitimacy of Kgosi Nyalala’s legal team that comprised Senior Advocate Lebala and his five instructing attorney’s paid weekly legal fees of R1 Million without resolutions from the Tribal Council (TC) and did not have the mandate to represent TC and the tribe as per their claims. More on this will be covered in my next articles. .
Second Week: 28th September 2016.
Cross Examination against Kgosi Kgolo Kgafela Kgafela II by Merafhe’s (Claimant to Bogosi Ba Kgafela) legal representative Advocate Maultry Cross examination to Kgosi Kgolo Kgafela Kgafela II started in the second week of September on the eve of BOT50, when spirit of forgiveness, love and reconciliation prevailed. A brief snap shot of Maultry’s cross-examination to Kgosi Kgolo Kgafela Kgafela II: Mr. Kgafela Kgafela do you intend to go back to Botswana one day? Kgafela; If your question is if I will renounce my South African citizenship then the answer is No. If you mean visiting my people, yes because I have a tribe in Botswana. I have a family and property in Mochudi. Advocate Maultry; But you are no longer a King in Botswana; officially you don’t hold that position? Kgafela; Let me explain to you Mr. Maultry. I said in Botswana a King is born, he does not wait to be recognized by that legislation. That is why I said Bakgatla have existed long before that legislation. Today, custom and tradition co-exist with that legislation. Custom and tradition recognize me as king that’s why in the midst of my problems with Botswana government there has never been a vacuum. I continue to lead my tribe. So let’s leave Botswana issues to Botswana because President Ian Khama and I are sorting them out. The Commission was adjourned and will resume on the 31st October 2016.. By Thabo Lucas Seleke, writing from Seleme Farms, Rasesa
