Sunday, November 29, 2020

Kgafela still to face wrath of law despite peace negotiations

The paramount chief of Bakgatla and his co-accused will still face the music even if the envisaged dialogue between the state prosecution and defence break a deadlock over reconciliation.

Kgafela II, his younger brother Mmusi Kgafela, his cousin Bana Sekai and their tribesmen are accused of assaulting innocent individuals under the guise of restoring and maintaining traditional values, law and order without formal traditional hearing.

They have since approached the court for reconciliation with the state, which has since been granted.

Indications are the assault charges could be dropped as the complainants in the cases are willing to solve their differences with their royal family amicably.

But not so with the escape charges leveled against Kgafela and his other co-accused persons.
“You should understand these are two different cases with separate independent interpretations of the law and facts,” revealed state prosecutor, Thato Dibeela, who is handling and dealing with the escape charges. “Against this backdrop, the chances of withdrawal are minimum should the assault charges be dropped.”

Remanded in custody during pre-trial sessions for assault charges, Kgafela and his co-accused disappeared from lawful custody immediately after the ruling, only to hand themselves over a few days later.

Only Sekai remained in custody as Kgafela and others mysteriously escaped right under the nose of the police officers attending the court session.

Kgafela has since skipped the country, with media reports indicating the human rights lawyer cum- traditional leader is in Moruleng, South Africa, where he also has command over his subjects living in the country.

A warrant of arrest has since been issued against him.

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Sunday Standard November 29 – 5 December

Digital copy of Sunday Standard issue of November 29 - 5 December, 2020.