The Commission in the Traditional Leadership Dispute in Respect of the Bakgatla ba Kgafela Community at the Rustenburg Civic Centre is almost coming to an end.
It started on the 19th September 2016 and will end third week of July 2017.
Let me just start by stating that I am not a Sangoma, nor am I a Prophet or a Fortune Teller let alone an Inyanga. I am however, optimistic that indeed King Kgafela Kgafela II will at the end of the commission emerge victorious. Having followed the commission and submissions presented by both parties, I can safely say that the submissions posited by the opposing parties thus far being that of Kgosi Nyalala Pilane and Merafhe Ramono are not convincing.
They are but a mockery and shows signs of desperation. While many may have wished him to be in jail by now, having labelled him and perceived him as a reckless intruder, a renegade and fugitive, gone to disturb Nyalala and his riches without necessarily familiarising themselves with the Commission’s that will not happen.
Let us just admit from the onset dear reader that King Kgafela Kgafela has walked through many challenges, went through a political tight rope. He had his plans of uniting and bringing together his tribe for a common goal and purpose being hijacked and crumbled. This led to some of his trusted lieutenants’ deserting him, gossiping about him writing hate about him, labelling him with bad names and turned him into an enemy of the State. He remained cool, calm and collected. This extended across political divide, churches, homesteads, and academia.
Who can ever forget the “Gods Must be Crazy” opinion piece written by Yours Truly on the 7th November 2010?
“After Regional Magistrate Barnabas Nyamadzabo committed Kgosi Kgafela II, his brother Morena Mmusi together with other Bakgatla ba Kgafela royals and tribesmen for remand pending their trial, one legal eagle remarked ‘This will be a long remembered judgement with shame and as one of the most discreditable affairs in the history of our judicial system of this land.’ What is wrong with our judicial system? He continued ‘This is criminal and we cannot let this rot continue’ ‘A man must be hanged’ for his wrong doings but justice must be fair’ ‘ What I have witnessed is the worst crime ever in the history of our judicial system and god forbid, I may have to hang my robe and trade it with something else. Not this!!!” ‘Never before as a practising lawyer have I ever witnessed a presiding magistrate assume the role of a prosecutor and sentencing someone on the basis of hearsay and on newspaper articles. ‘If the judiciary will dispense injustice by handing down perverted pieces of judgement which smack of subverting the people’s government’ then this is the saddest day in our judicial system indeed’. This impartiality and the rot are unfortunate”
The actions by Regional Magistrate Barnabas Nyamadzabo were met with so much joy and yours truly in his opinion piece further stated that “The events were indeed thrilling to many newspapers, radio stations, gossip mongers and even some politicians. All knives were out for Kgosi Kgolo Kgafela, with so much determination and vigour. Our distinguished professors from the institute of higher learning (Mma Dikolo) did not want to be outdone and like parrots joined the chorus. They were at their best sarcastic scholarly mode and recklessly provided an analytical framework that lacks the psychology of good reasoning. Some even going to the extent of mocking Kgosi Kgolo Kgafela as well as Bakgatla traditional songs. The academics were having a field day indeed. However, the UB academic failed to discuss the critical issues at hand, they failed to explain the role of customary law in a Republican set up like ours and state what this means for Botswana’s dual legal system committed King Kgafela Kgafela II, his brother Morena Mmusi together with other Bakgatla ba Kgafela royals and tribesmen.
Unfortunately the rebuttal to the opinion piece by yours truly lacked the psychology of good reasoning, was very shallow, lacked intellectual engagement and just petty, where a cool, calm and collected innocent soul was used to carry out the evil assignment motivated by an undercover, vindictive sadist Professor. Thinking one was shy and not proud of their backgrounds and academic achievements. That they too have come to the party and have joined the so called clever boys club, have been awarded elite scholarships and fellowships abroad and have collaborated and published with the world best, have been awarded lucrative PhD scholarships as opposed to affirmative action, with hate mails written to their respective PhD supervisors by the sadist.
That is however, not surprising for this is the kind of mediocrity society has to deal with, current breed of intellectuals. The type of Professors that specialize in gossip, scheming as opposed to be Professing in the public debate discourse.
This however, does not suggest that Yunibesithi has no intellectual giants. For instance the University has centre for security and peace studies and Democracy Research Project (DRP). We need to hear their voice and DRP should not only matter whenever; there are BDP central committee elections and after party grooves hosted by the party. They should inform and educate the public on Ethics, Accountability and Integrity, as well as inform us about the recent AIR Botswana privatization fiasco and the mushrooming of bogus private institutions turning government into a cash cow.
We do not need to hear from a group of peace researchers from Uppsala University condemning the Swedish manufacturer Saab in the underground dirty deal of selling the fighter jet to a country once touted as African Success story. According to peace researchers Johan Brosch├®, Kristine H├Âglund and Sebastian van Baalen, the deal is highly controversial, especially given the bribery scandals that followed a similar deal with South Africa. Botswana, according to Uppsala University researchers, is clearly heading in an authoritarian direction, with growing surveillance, reduced opportunities for freedom of expression and reprisals against anti-government views.
(https://sputniknews.com/military/201703271051996654-sweden-saab-arms-race/).
It is now time to introspect and carry out thorough research and come with findings and recommendations to counter the late UB Professor of Social Work Log Raditlhokwa as reflected in the Midweek Sun 7th July 2010, argument (s) that “ The series of law suits and their motivating factors and the ‘State’s principal reason for pursuing Kgosi Kgolo Kgafela II isn’t inspired by human rights violations as we have been hoodwinked into believing but rather some significant politicians have surreptitiously pushed for litigation against Kgafela.
Is this true or false?
There is also need to revisit the issues he raised on the Constitution.
Whether Dikgosi were consulted or not at the time of drafting and adopting the constitution. In doing so take into account their letter dated 30 December 1965, to Her Majesty’s Commissioner, Her Majesty Commissioner’s office and the points they raised there in and their more particularly bullet point number 4 , paragraph 3 and bullet point number 5 on their misgivings on Seretse Khama.
That stated the following:
“We now realise that the confidence we placed on Seretse Khama seems to be misplaced confidence and we request Her Majesty’s Commissioner to call a constitutional conference which will go through two stages, consultative deliberations, agreed decisions of the representatives of the affected intersects, signed by 1. Chief Bathoeng II, 2. Chief Linchwe ii. 3. Chief Kgosi Gaborone, 4. Chief Kgosi Mokgosi iii, cc to The Right Honourable The Prime Minister Mr. Seretse Khama, The Colonial Secretary ÔÇô London”.
