Bakgatla reject Presidential Commission
Mompati Tlhankane | Monday March 14, 2022 06:00
Giving their views at a Commission of Inquiry into the review of the Constitution of Botswana in a Kgotla meeting on Wednesday in Mochudi, Bakgatla were adamant about their dissatisfaction with the fact that Kgosi Kgafela II was regarded as deranged when he first pushed for the review in 2010.
Amongst other concerns from the tribe was that dikgosi are powerless as a result of the current Constitution. One of Mochudi residents, Kabelo Mooketsi said they do not agree with the Constitution and therefore believe it is for ‘swindlers’.
He said in December, Kgosi Kgafela wrote a letter to President Mokgweetsi Masisi asking that Bakgatla be excluded from the constitutional reviews.
“Kgafela believes that the land of Bakgatla on its own is a private property and therefore there should be an arrangement for him to meet Masisi,” he uttered.
He said there is need for them as Bakgatla to distance themselves from the constitutional review.
Adding to Bakgatla’s one voice, Neo Molatlhegi said their forebears fought for their land and as a result, as Bakgatla they want their land back.
“This is long overdue because when Kgosi Kgafela spoke about the constitutional review issue they said he had smoked marijuana. Now you are here asking about the same thing and we wonder if you are still on that issue that Kgabo had smoked marijuana,” she said.
Molatlhegi indicated that the Constitution had taken tribal land from the tribes, therefore, the Maruping Dibotelo-led Commission should go back to Masisi and tell him that Bakgatla do not welcome them.
For his part, Tshekedi Ntshole said their Kgosikgolo had shown that he is very intelligent even more so than Dibotelo himself. “Dibotelo arrested our Kgosi and after Kgafela was released, our Kgosi fled to South Africa. Now, the same Dibotelo has come to us after chasing a man who was more intelligent than him. Since I am not as intelligent as Kgafela what could I add to the constitutional review process when our chief was shunned and chased away?”
Ntshole further questioned the Commission’s standing and asked for them to be given a chance to speak with their Kgosi first. “You came for nothing and you will leave here with nothing,” he blatantly told the commission.
Another speaker, Terena Tlhaga said if the Commission of Inquiry had not consulted Batswana who wanted the Constitution changed from the beginning like their Kgosi, there was no way what they say could, as the tribe, be heard.
“Who are we to be listened to when our very own Kgosi was ignored?” he asked.
Another resident, Kabelo Motsholetsi said when the current Constitution was made back then, no consultations were made and the leaders at the time didn’t take into account that Bakgatla, Bangwaketse and other tribes had land in their possession.
“These tribal territories belonged to us and as time went on there was the Tribal Land Act and it was a huge turnaround,” Motsholetsi said. He added that Batswana should revisit the past and take part in deciding where their land belongs.
For his part, Kgosi Bana Sekai Linchwe said Batswana have been waiting for this. “If you remember well, this issue of constitutional review started in this very Kgotla in 2010. I really thought that before they start this journey of consultations they would have visited us so that we could give pointers and advice.”
Kgosi Linchwe disclosed that in that way the commission could have better understood what Bakgatla were looking at when they pushed for it.
In Kgafela’s letter addressed to Masisi, the Bakgatla Kgosikgolo had expressed desire as a tribe to experience a new future for Botswana, under a new Constitution. He said their unique situation as Bakgatla requires recognition and special attention.
“Lord Hailey stated in his report that: Bakgatla land belongs to Kgosi and his morafe. Her Majesty the Queen of England accepted that position in statutory title, which has not changed by lawful process to this date. All those statutes since 1899 (and Commissions of Inquiry reports) are as valid today as they were at the time of their promulgation/reporting. Even the Tribal Territories Act is still law in present-day Botswana because it has not been repealed,” he cited.
Kgafela said there was nothing in law and history to oppose a glaring truth that Bakgatla-ba-Kgafela are the lawful owners of Bakgatla Tribal Territory, as defined in the Tribal Territories Act and Her Majesty’s Proclamations.
“Sir Seretse Khama and BDP (Botswana Democratic Party) expropriated our country in 1966, without consultation or agreement with Bakgatla; against international law, and against common and customary law concerning the taking of another’s property,” he said.
Kgafela said Bakgatla do not want to live under that system anymore, whatever name it goes by. He said they don’t want to be detained by its faults in their progress to the future.
“We want to rule ourselves in (our country) where we may practise and live our heritage without undue restrictions, including the heritage of being led by a Kgosikgolo (King), and not a politician. There is no logic in our people being driven to vote for a leader every five years when we already have probably competent traditional leadership amongst us. This desire is consistent with international law (self-determination) and the law of property ownership.”