Inside Autlwetse’s Khama ‘derecognising’ affidavit
Innocent Selatlhwa | Monday May 6, 2024 06:00
While Autlwetse had always maintained that Khama could not get his preferred regent Seretse Peter Khama because he was not following procedures, the Minister is now saying something else in his court documents. This is contained in a case in which Ian wants the court to compel Autlwetse to recognise Seretse Peter Khama. While Autlwetse always maintained that Ian and his uncles had to consult deputy regent Serogola Seretse, he states in court documents that a crucial step was missed for Ian to be recognised as Kgosi, hence he has been ignoring him (Ian).
According to the minister, in terms of the law as it stood then, once the traditional process of crowning him as Kgosi at the Kgotla was completed, his name should have been sent to the President of Botswana who was bound by the mandatory requirements of the law to Gazette it. It was only after the President had Gazetted his name that Ian would become a Kgosi recognised by the law.
“I have caused a search to be conducted in the archives for a Government Gazette in terms of which Khama was gazetted as chief of Bangwato and I have not been able to find any such Gazette. I aver that Khama has also failed to attach a copy of any Gazette that proves his recognition as chief of the Bagammangwato tribe. Annexure A to his founding affidavit, which he says serves as such proof, does not. The said Gazette only proves the appointment of Mokgacha Mokgadi as Tribal Authority,” Autlwetse states.
The Minister avers that unless Khama proves that he has been gazetted as Kgosi, he does not have the capacity to designate a Motshwarelela Bogosi (regent).
Additionally, Autlwetse says Ian states that he was recognised through a Government Gazette dated June 15, 1979 as Kgosi, but the attached annexure A is a notice in the Gazette dated June 5, 1979 and not June 15, 1979. “I have searched the archives and have not been able to find a Gazette dated 15th June 1979, which proves Khama’s recognition as Kgosi,” he said.
Autlwetse insists that he was neither negligent nor failed to act in terms of the law. He argues that Khama has not satisfied the necessary prerequisites upon which he would be required to act. The minister further submits that even if one assumes that Ian is the recognised Kgosi, he has not stated the reason why he is unable to carry out the duties of Kgosi to necessitate the appointment of Motshwarelela Bogosi.
“It is notoriously known in the public domain that Khama is a fugitive from justice since 2021 to date and he can therefore, not take up office of Kgosi because he is hiding from the law and has placed himself beyond the jurisdiction. I am advised that, the reason Khama cannot discharge the duties of Kgosi is on account of his unlawful conduct of being a fugitive. The law should not allow a fugitive to appoint someone to stand in for him. It is only those who, on grounds that do not offend the law, are unable to carry out their duties, who can appoint Motshwarelela Bogosi,” he states.
In his founding affidavit, Ian states that he is the designated Kgosi of the Bagammangwato tribe and was installed as such on May 5, 1979, and is the recognised Kgosi of Bagammangwato tribe. “I was recognised in terms of the then Chieftainship Law of 1965 by the then President of the Republic of Botswana Sir Seretse Khama by notice published in the Government Gazette of 15th June 1979. In accordance with my duty under Section 7(1) of the Bogosi Act (Act 9 of 2008, CAP 41:01), I have designated Seretse Peter Khama as Motshwarelela Bogosi of the Bagammangwato tribe,” he stated.
He says Autlwetse’s failure to perform according to Section 7(2) by appointing his preference, Seretse Peter Khama, as Motshwarelela Bogosi of the Bagammangwato tribe is irrational, improper, deliberate and mala fide.
Khama states that Autlwetse has been holding a grudge against him since he lost the elections in 2019. “In the 2019 General Election, the First Respondent [Minister Autlwetse] lost the Serowe North Constituency under the Botswana Democratic Party. He lost the seat to the Botswana Patriotic Front after I successfully decampaigned him in the political arena,” Ian says.
“He was then Specially Elected as a Member of Parliament and later appointed the Minister of Local Government and Rural Development in January 2022. Since his loss, he has been holding a political grudge. It is because of this political grudge, amongst others, and not due to any relevant factors under the Act, that he is to date, after numerous requests and lapse of a significant period since the termination of Kgosi Sediegeng Kgamane’s appointment, that he is refusing, without any reasons, to appoint Seretse Peter Khama,” he states.
In response to this, Autlwetse states that as advised by his attorneys of record and verily believe the advice to be true and correct that, “the averments herein are scandalous, frivolous, speculative and irrelevant to the matter before court and an application to strike them out will be made at the hearing of this matter,” he states.