‘The back biting, finger pointing and foul mouthing, that goes on in this country today is an indication of a society that is coming apart. We live in a time when jealousy of one another is going to self-destruct our nation” This is an except of a statement that was made by General Ian Khama at the installation of Chief Tawana II, paramount chief of Batawana (Midweek Sun, 5th July 1995:1).
Fifteen years later, the back biting, finger pointing and foul mouthing that Khama talked about whilst still commander of the Botswana Defence Force is still highly prevalent in this country. So pervasive is this jealousy and foul mouthing that if not properly monitored will become cancerous and has the potential to devastate and divide the beautiful nation. We live in times where jealousy of one another has self-destructed us mainly based on pettiness and egocentric behaviours. Unfortunately and shamefully this jealousy and finger-pointing does not know boundaries and it is practiced almost by everyone, irrespective of colour, race or creed. Although some people may claim self righteousness, sadly they seem incapable of differentiating between forthrightness and abusiveness. Yes abusiveness!!!
Amongst the many people who have been subjected to severe finger pointing and foul mouthing is none other than Kgosi Kgolo Kgafela II of Bakgatla Ba Kgafela. The youthful Kgosi has been a subject of debate ever since he introduced reforms in Kgatleng that are positive in outlook. Amongst the many positive reforms that Kgosi Kgolo introduced is the spirit of selfÔÇôreliance, respect amongst one another and elders, moral degeneration and re-introduction of traditional initiation rites (Bogwera&Bojale) and go Kgwathisa on the bare back. All these must be noted that Kgosi Kgolo Kgafela introduced after having been given the mandate by his tribe to do so. Ironically the reforms introduced by Kgafela in Kgatleng are also reflected in the recommendations passed by the Puso Commission, the Presidential Task Force that was set up by President Ian Khama in 2008. Its mandate was to look into the promotion of good social values after the realisation that our value systems, both traditional and christian were being compromised and eroded by other value systems, as such resulting in Batswana generally replacing good traits of respect with self-destructive and anti-social behaviours, poor discipline and low self-esteem. The terms of reference of the committee were to consult with the public amongst other things on social ills afflicting the nation and recommend strategies for addressing such ills. Its brief was also to determine the role that can be played by traditional leaders in re-instituting the good social values.
The white paper accepted 24 recommendations without amendments as well as recommendations with amendments, while 11 recommendations also involved on going efforts to tackle the challenges mentioned. As part of the recommendations, Dikgosi have been tasked with re-introducing traditional initiation rites in all their communities as this has been helpful in discipline, peer education and up-bringing of their children and could be done during the school holidays. The White paper also stated that flogging of people for disciplinary purposes will be re-introduced. The floggings will be on the bare back and teachers will also be allowed to administer corporal punishment of pupils or students showing deviant behaviour. The chiefs will also have the mandate to control and maintain law and order in their respective communities. President Ian Khama has issued a directive to implement with immediate effect the National Strategy for the Promotion of Good Social Values.
Despite the good intensions, clear vision and positive drive that can be derived from the Kgatleng project, some selfish egocentric people have however, found it fit to clip the young King’s wings through unorthodox means. The main bone of contention is pretentiously centred on floggings; however, the truth of the matter shall one day prevail. This development compelled Log Raditlhokwa in the Mid Week Sun of 7 July 2010 to state that the ‘State’s principal reason for pursuing Kgosi Kgolo Kgafela II is not inspired by human rights as we have been hoodwinked into believing. But rather human rights are just a convenient excuse of prosecuting the young King’. Log further stated that gullible people genuinely believe that the campaign and prosecution against Kgafela II and company largely stems from a genuine concern for the prosecution of human rights and the criminal demolition of the Mascom telecommunication installations. But some significant politicians have surreptitiously pushed for litigation against Kgafela II.’
According to Raditlhokwa the same leaders who are on roof tops screaming of human rights violations at Kgafela were shockingly indifferent when the nation demanded that the murderers of John Kalafatis should be charged and arraigned before court and have to date only made superficial statements about extra judicial killings. The questions that still remain unanswered are; who ordered the execution of John Kalafatis? Why are they not prosecuted together with the four soldiers who performed the execution on the line of duty? Are the poor soldiers being used as scape goats? Why is it that Kgosi Kgolo Kgafela II is being prosecuted with his tribe’s men, is this not selective justice? Amongst the many questions asked based on the issue of selective justice are the numerous pending trials on extra judicial killings.
On the Sunday Standard, 8 August 2010, I gave an account of the brutal gunning down of Mothusi Sephiri, at his home in Sanyedi ward in Maun, in what appeared to be a case of mistaken identity. Even the leader of the patrol team on that fateful night Gaositwe Nyame has admitted that Sephiri is not the suspect they were looking for. After taking Sephiri’s life, the police gave Sephiri’s family P 5000.00 for funeral costs. However, the poor family was warned that this did not mean that the police were taking full responsibility of the shooting. Geoffrey Ogopeng, Zachariah Rankwalla and Marate Molebalwa are no more. The trio were shot dead on the 3rd December 2008 in Serowe. The last update that was made to Parliament regarding the latest killings in the country were at 16 and I do not know as to how many of these cases were brought before the court of law with the culprits docking. There have also been allegations of rampant assaults on number citizens as evidenced by the case of the young Gulubane’s Thabiso and his brother Biko (Sunday Standard, 6 December 2009) and non citizens alike at the hands of security officers who have become law unto themselves.
On the other front there have been reported cases of corruption in the country, the latest involving former Minister of Justice Defence and Security, Dikgakgamatso Seretse, who two months after his resignation a replacement has not yet been made for him, even after two months of his resignation. There has also been an interesting mile stone case, commonly referred to as the ‘Nchindogate’ being The State Vs Tourism Development Consortium, Louis Garvas Nchindo, and Joseph Malope Matome and Golconda Holdings (pty) ltd. Judgement to that particular case has been passed and sentencing and mitigation to be made on the 27 October 2010. Interestingly former Minister and now current Chief Executive Officer of BEDIA, Rre Jacob Nkate who was called as state witness faired badly and admittedly stated that the statement he made to DCEC on Nchindo was false. In the entire case Nkate suffered severe battering from Lot Moroka who restrained himself from branding Jacob Jakes Nkate a liar. Lot Moroka stated that Nkate’s performance in court was unfortunate and said he struggled to ‘place Nkate as an Animal or a bird given his shifting evidence’. It will be an interesting development whether when passing the sentence on Joe Matome and Garvas Nchindo, Lot Moroka would let Jacob Nkate off the hook. It will be an interesting development to notice what DPP would decide to about Nkate? Will they charge him with perjury or they will not bother him at all, despite displaying neither bird nor fish behaviour.
My learned friends have confirmed that, indeed it will be the saddest day in our judicial system if Jacob Nkate can escape the wrath of the law.
It will also be a sad day indeed if after the 27th October 2010, President Ian Khama does not recall Nkate from his position. A position he was appointed to after suffering from some political defeat in his Ngami Constituency. My learned friends have confirmed also that it will be interesting to read the body language of the Attorney General as well as DPP on the Nkate saga.
Elsewhere on the 26 October 2010 Magistrate Nyamadazbo will pass judgement on the thorny case involving Kgosi Kgolo Kgafela, his brothers Morena Bakgatla and Morena Mmusi together with Bakgatla Ba Kgafela royals and tribesmen. It will be an interesting judgement to note, since the case raises a lot of constitutional issues if I am not mistaken. It will be interesting to note as to whether ‘go kgwathisa’ (to flog), constitute a crime and therefore is not part of Setswana culture and inherently not part of Sekgatla culture. It will be an interesting judgement to note as to whether ‘go kgwathisa’ (to flog), is an offence when carried out in terms of customary law. It will be interesting judgement to note indeed as to whether Bakgatla Ba Kgafela should not practice their culture in accordance with the constitution of the Republic of Botswana without hindrance and more particularly without fear of facing criminal sanctions. The judgement has the potential to enlighten the nation about government’s position on the institution of Bogosi. Whether it recognises the institution of Bogosi and if it does under what modus operandi? What is the nature and extent of powers of paramount chiefs in Botswana? The ruling will definitely provide a gateway into understanding and appreciating the role and the institution of Bogosi in the modern state. For a long time the chieftaincy institution has been subjected to the margins of the society and turned into a government instrument and subjected to abuse and exploitation by the politicians.
For far too long the chiefs have just set there in comfort zones without necessarily appreciating that they have a role to play in the modern state without subjecting themselves to political manipulation and abuse.
Whilst many people have called for the modernisation of this institution, such call flies in the face of the facts on the ground if we accept that western formal education is one of the coordinates of change.
Chiefs are now highly educated with University degrees, much more than some of our mediocre politicians. It is a fact!!! Chieftaincy is not archaic and exists and operates alongside the democratic project.
The marathon judgement will be a redefining moment in chieftaincy institution in Botswana and it will be fitting for different ethnic grouping in Botswana, i.e. Bakalaka, Bangwato, Babirwa, Batswapong, Basarwa, Bakgalagadi, Bayei, Balete, Batlokwa, Bakwena, Bangwaketse etc , to come together in large numbers to lesson to the judgement. Equally all other nationalities must come together and rally behind Bakgatla Ba Kgafela and Kgosi Kgolo Kgafela II his brothers Morena Bakgatla and Morena Mmusi, Bakgatla royals and tribesmen. Bakgatla Ba Kgafela must all come in multitudes in their traditional Kgatla attire and must be allowed to sing freely their traditional songs without intimidation. They must also be allowed to sing freely the National Anthem and ‘Tlotlang Kgosi e Kgolo’. They must be allowed to do this freely without being intimidated. Bakgatla Ba Kgafela should carry out their singing peacefully without intimidating or threatening anyone. They should not destroy any property and must not be afraid to be shot at. No one will do that, although we are aware that one or two killings are considered not bad in this country.
*Thabo Lucas Seleke is a lecturer of public policy in the Department of Political and Administrative studies at the University of Botswana.
