Perhaps using the word “limbo” to describe the situation in which the Village of Mochudi finds itself by being unheard in the Ntloyadikgosi because of no representation is not a bad idea. By all accounts, it is an appropriate term unless there is a stronger and relevant one than limbo. The last time when the voice of Mochudi was dominant in the House was in 2008. That was the time when the present President of the Customary Court of Appeal, Kgosi Mothibe resigned his position in the Ntloyadikgosi because he had ceased being the regent of Bakgatla. He quit that position because Mochudi now had a new Kgosi in the name of Kgafela II. The new Kgosi succeeded his father Linchwe II who died in 2007.
Everybody had expected Kgafela to join other dikgosi as a member of the House. Their hopes were dashed when in his acceptance speech, the new Kgosi announced that he would not be in the government payroll. At that time, the tribe ululated. The new Kgosi’s plans were that he would however be a member of the House. His plans aborted when government explained that what he wanted was not permissible by law. That being so, Kgafela then opted to be a non member of the House. Again the tribe ululated. Ever since that time, the stalemate has not been broken. Kgafela has also not found it necessary to appoint someone to act in his position. In the establishment registrar, the position of Bakgatla Kgosi remains vacant. Money voted for it every financial year is always returned unutilized at the end of each financial year. Right now, it is not clear as to whether the post is still being budgeted for. It would have been sensible enough to have diverted the money which should have been pocketed by a Bakgatla representative in the House, to the Ministry of Health for the construction of a village hospital as compensation for the loss of participation. This sounds more like a joke but I strongly belief that salary of a Kgosi for 14 years can fund the foundation of a magnificent hospital. Currently, the hierarchy at the Mochudi kgotla begins with a deputy and not the Kgosi as is the case in a normal situation.
The deputy is Sekai Linchwe. He is Kgafela’s most trusted lieutenant among all the royal uncles plus the royal brothers. Therefore, one would have thought that Kgafela should have long appointed him regent. Alternatively, Sekai should have used that cordial working relationship to plead with the master for promotion. As of now, it may be that, Sekai is performing some of the tasks of the Kgosi in addition to those of the deputy. It may also be that those tasks which are for a Kgosi and not for the deputy are not being performed in Mochudi because there is no one responsible for them. For instance when dealing with judicial matters, a Kgosi is like Chief Magistrate and the deputy is like the magistrate. Taking it to another level, the Kgosi would be a High Court judge while his deputy becomes chief magistrate. This means cases which are above Sekai’s warrant are never heard. If they are being heard, it means Sekai is being exploited. No doubt Sekai is aspiring for a top post and he is right. Why Kgafela has seen it un-important to do that is unclear. There was the school of thought that perhaps he feared that Sekai would prolong his stay in that position even when told to quit. It is not because Sekai does not want to be a member of the Ntloyadikgosi.
Attempts from different quarters have in the past been made behind the scenes to get Kgafela to have Sekai appointed as regent so that he could automatically become a member of the House. That guerrilla warfare style was launched by some headmen fully aware that, that was unacceptable to Kgafela who had publicly said on the day of his installation that “ga ke tshwarellwe.” When their efforts failed, they engaged the help of mercenaries who sponsored questions in the Ntloyadikgosi asking when the deputy Kgosi of Mochudi would join the House as a member. Through Botlogile Tshireletso, the Ministry of Local Government and Lands remained adamant that Sekai should be a regent in order to qualify for a membership of the House. Despite such an explanation, no effort has ever been made to Kgosi Kgafela appealing to him to appoint Sekai as a regent.
Mochudi is now stuck in limbo. It cannot go forward and it cannot go backward. During the Khama administration, Botswana was almost unheard of at international forums. Mochudi is just like that. It does not have a voice in the Ntloyadikgosi. Ye in parliament it is better because it has Mmusi Kgafela and Mabuse Pule. Is there anything that can be done to repair the damage? This lack of participation in the House is worrisome. But within the tribe, there are those who see nothing unfashionable about it. They will say everything that Kgosi says or does is fine. They will ask, who are you to try to advice a highly intelligent man like Kgosi Kgafela? Nevertheless, a lot of people are concerned but they remain silent for fear of victimization. I have evidence that there are those Bakgatla who feel that the lack of representation in the Ntloyadikgosi is unwise. It is ill advised, they say.
Exactly three weeks ago, I was in Gaborone for an official government event. The event brought together some past and present members of the staff of the Department ofIinformation Services. One of the veterans of the department attending is former Chief Photographer, Phagane Tladi. He did not have time to extend greetings to me. The first thing he said was, “monna you write very well in the Sunday Standard newspaper but I don’t see you writing about the absence of Bakgatla in the Ntloyadikgosi. Of course your articles are entertaining and educating. I am concerned. Just tell me for how long are we going to go on like this. Even this government is failing Bakgatla because it has the legal powers given to them by the Bogosi Act to see to it that Bakgatla are present in the House but they are not doing anything”, he said. Naturally, I was happy to hear that I write well.
It was good delayed feedback. A week later, I received another feedback from Kapi Mokotedi. I met him at the Spar Shopping complex in Mochudi where he had gone to buy newspapers. He too, told me that he enjoys my articles and that he feels bad when he does not find my article in the newspaper. That was not all. Another feedback came via a Whatsapp post. A reader posted this message from whatsapp number 71317433 saying,” Dumela Kgabo. Been reading your article on re-launch of Kutlwano. Interesting. A few factual corrections. PG Matante Road has been around in Gabs before Pres Masisi. What he did was rename Francistown Airport PG Matante. There is another legislation besides Media Practitioners Act which has never been implemented, Rent Control Act of 1970”. Phagane Tladi stays in Gaborone but he takes keen interest on the affairs of Mochudi or Kgatleng as a whole. He is loyal to the monarchy. He is currently the secretary for the board of the Masama Livestock Centre There is no doubt Phagane Tladi’s point is very crucial. I did not immediately address it.
If I knew someone with a persuasive tongue and was in good books with Kgosi Kgafela, I would plead with such person to take up the issue with our Kgosikgolo on our behalf. I made contact with Kgosikgolo a few years back suggesting to him that if one of his sons was available, he should consider appointing him to the position of regent or acting kgosi as some call it. I said to him that some people could advise him against my suggestions claiming that in terms of custom, a Kgosi’s son is not allowed to act on behalf of his father.
I pleaded with Kgosi Kgafela to reject such advices citing historical examples which happened in Serowe, Mochudi and Moruleng in South Africa. In Serowe I cited the case of Sekgoma who performed chieftainship matters when his father Khama was ill. The other example was that of Isang Pilane who held the fort when his father, Linchwe I was terminally ill. The Moruleng example was that of Kgosi Tlhabane who appointed his son, Thari Pilane to take charge of the affairs of the morafe. I did not suggest to Kgafela who among his sons should hold the fort for him. But I had in mind, Matshego as the one to become acting Kgosi. Although Kgosi Kgafela did not respond to my suggestion, I learned later that none of his sons was available because they were still at school. Matshego was at the university. I wanted Matshego as the acting kgosi because of his birth right and education. I was almost sure that if my plan had worked, he would take the debate in the House to a higher level because of his university education. If that plan had worked, Matshego would be the regent and Sekai would remain as deputy.
Since my attention had been drawn to the Bogosi Act, I perused the act to find where it gave the government the power to feel the vacancy that existed in the Ntloyadikgosi due to the absence of Bakgatla in the House. The relevant section states, “where a person recognized as a Kgosi is unable to take up the functions of that office, it shall be the duty of the tribe or the person so recognized as Kgosi, as the case may be, to designate another member of the tribe according to customary law, or the established norm and practice of such tribe”. I did not seek legal interpretation of the said section. Nevertheless, common sense tells me that Kgosi Kgafela II is the right person to designate somebody to be a member of the Ntloyadikgosi. Apart from him, the tribe has the power to do that. So as things stand, the ball is the people’s court. Not the people’s court in the context of UDC. It can be recalled that following the loss of election petitions in courts by the UDC, they promised the public that they would hold the “people’s Court” to hold the BDP accountable to election ricking. the other clauses in the Bogosi Act do not apply to the present situation in Mochudi.
The nearest one address the issue of not being in the Ntloyadikgosi would only help if the Kgosi and his deputy were incapable due to suspensions, dismissal having been imposed on one of them or both. I came across a section which deals with appointments. It gives the Minister to appoint a senior member of the tribe to act as a Kgosi in place of the suspended Kgosi. This is not helpful to the present situation because Mochudi does not have a suspended Kgosi or deputy.
