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Thursday, 2 September 2010   |   Issue: Vol.26 No.84  |  Monday, 08 June 2009
News
Bakgatla And Govt Fail To Agree

MOCHUDI: The government and Bakgatla-ba-ga Kgafela failed to reach a deal on Friday on whether Kgosi Kgolo Kgafela II should represent them at Ntlo ya Dikgosi while at the same time running his law firm.


 
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Minister for Presidential Affairs and Public Administration, Margaret Nasha and her Local Government counterpart, Ambrose Masalila returned to Gaborone empty-handed after Bakgatla told them in no uncertain terms that they want "nobody but Kgafela II to represent them at the Ntlo ya Dikgosi".

In her presentation Nasha said that the Constitution and Bogosi Act state in clear terms that the Kgosi should always be in his office to run the affairs of the tribe as well as government duties. She said that the Bogosi Act recognises that Kgosi Kgolo can follow his professional career and delegate his duties to his junior (Motshwarelela bogosi). She revealed that during the communication between government and Bakgatla, Kgafela II stated that he would not want anybody act in his position. She added that later she received a letter from Kgosi Mothibe Linchwe that he was resigning from the Ntlo ya Dikgosi effective January 1 this year.

Nasha said during one of the meetings with Bakgatla, it emerged that Kgafela II did not want to be full-time at the Kgotla but would like to represent the tribe in the Ntlo ya Dikgosi (House of Chiefs).  She said that that was impossible because Ntlo ya Dikgosi plays an advisory role to the National Assembly and that they do so with their experience from Kgotla operations and even arbitration and trials. She said that the Kgosi should also be accountable to government hence there was no way Kgafela II could be a member of Ntlo ya Dikgosi when he was not working full time at the Kgotla. Nasha told the gathering that Kgafela II is new to the chieftainship, young and needs to be given "genuine advice". She said that it looks like the two parties have interpreted the Constitution and the Bogosi Act differently.

The first to take the floor was former legal advisor to former President Festus Mogae, advocate Sidney Pilane who told Nasha that they want a Kgosi of their choice to represent them in the Ntlo ya Dikgosi. Apparently the "genuine advice" comment by Nasha rubbed him on the wrong side and he stated that they give the Kgosi "genuine advise". He blasted Nasha for making the comment saying she derived it from the fact that Bakgatla differ with government on the matter. He stated that there is nothing in the Constitution nor in the Bogosi Act that prohibits Kgafela from representing Bakgatla in the Ntlo ya Dikgosi. He said that he was part of the Balopi Commission that recommended amendments to sections 77, 78, and 79 of the Constitution for all tribes in Botswana to be represented by Dikgosi of their choice. "What we are requesting today is for government to allow Bakgatla to be represented by Kgosi of their choice," Pilane said to a round of applause.

He said all Kgafela II wants is to delegate Kgosi Mothibe to handle trials and other duties while he (Kgafela) will be representing the morafe in the Ntlo ya Dikgosi. "All we want is for government to facilitate our representation in Ntlo ya Dikgosi," he said. He advised government to go and amend the Bogosi Act to enable their Kgosi to represent them.

"We want to be represented by a Kgosi of our choice and not the one appointed by government," he said.

After several speakers Monty Letshwiti also spoiled Nasha's two-hour stay in Mochudi. He lectured to the minister that accountability cannot be delegated. He stated that even if Kgosi were to delegate other duties to his juniors, he would still be accountable to government. "The question of accountability in this particular case doesn't arise," he stated to another round of applause. Kgatleng East Member of Parliament (MP) Isaac Mabiletsa reminded Nasha that when she brought the Bogosi Bill before Parliament, then as Local Government Minister early last year, she was inviting trouble by giving herself more powers than Bogosi. He suggested that Kgafela II be allowed in to the House while Bakgatla and government try to find a solution to the problem.

Retired judge Unity Dow saved the day when she requested that the Minister should be allowed to go and Bakgatla remain behind and take a position on the matter, which they will report to government.

For his part Kgafela II stated that he performs the duties of the Kgosi and that he is always available when needed. He paraphrased his tribe's position that; they want him in the Ntlo ya Dikgosi; they don't want arguments with government; and that government should go and review the Bogosi Act and they will be of assistance.

Meanwhile, in her last comment Nasha said that she wanted to respond to Pilane's remarks but because of limited time she would not do so. "I am not going to respond to Pilane's comments although I differ with him on many points he has raised," she said. Also at the meeting were Kgosi Letlole Thobega of Bahurutshe, Kgosi Seepapitso IV of Bangwaketse and Kgatleng West MP Rakwadi Modipane.

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