Kgafela relieved as SA’s High Court ousts Nyalala
Innocent Selatlhwa | Monday February 24, 2025 12:55
Nyalala was ousted through a court order sought by Kgafela’s other uncle, Kgosi Ramono Pilane Linchwe. Kgafela had written to the North West Premier, Lazarus Mokgosi, instructing him to remove Ramono as Kgosi and install his son Matshego Kgafela. He was, however, shocked when Mokgosi cancelled Ramono’s certificate and issued Nyalala with a new certificate. Just as Kgafela was busy preparing court papers to reverse the decision, Ramono got an order that removed Nyalala from the seat, at least for now. Ramono had whisked to court the Premier, Nyalala, Bakgatla Royal family, and chairperson of the North West House of Traditional Leaders on urgency challenging his ouster and the instalment of Nyalala as Kgosi. Pending the finalisation of the application, Ramono was reinstated as the Kgosi/Senior Traditional Leader of the Bakgatla-ba-Kgafela. Further, Nyalala was interdicted from holding himself out as the Kgosi/Senior Traditional Leader of the Bakgatla-ba-Kgafela and purporting to perform any acts as Kgosi/Senior Traditional Leader of the Bakgatla-ba-Kgafela. According to Kgafela’s spokesperson, Lebogang Maname, Ramono has done his work to clean the mess that he himself created by opening the window for Nyalala by not being obedient and trustworthy to the royal family. “If it was not for him, we could not have had this kind of Nyalala and Premier drama. What is needed is justice for Bakgatla-ba-Kgafela,” he said.
He said the royal uncles had neglected their royal duties and were trying to cling to the delegated power of bogosi for them to enrich themselves rather than building a better future for the tribe to unite morafe. “They should be bringing peace and stability to the tribe and make sure that our heritage is well protected by respecting and adhering to our customary law, culture, and the vision of the reigning King Kgafela Kgafela II,” he said. Maname added that the ruling is also a confirmation that the only person who has a duty and power to appoint Kgosi to rule on his behalf is Kgosikgolo, not the Premier, the ANC, or any other person. “The hand of God is protecting bogosi at all times,” he said. Kgafela and the royal family have since written to President Cyril Ramaphosa, calling for his intervention. In their petition to Ramaphosa, Bakgatla are demanding urgent intervention to uphold constitutional rights protecting traditional customs. They also seek a meeting with Ramaphosa and the withdrawal of Nyalala’s certificate, calling Mokgosi’s move “a violation with impunity”.
The royal family, led by Kgafela, claims Premier Mokgosi unlawfully gazetted Nyalala as chief on January 20, 2025, defying a submitted request to install Kgafela’s son, Matshego. In a fiery address recently, Kgafela labelled the decision “shocking” and “a cheap trick”, vowing to challenge it through the courts and criminal complaints. “We followed every process, suspending Ramono Pilane, the previous chief, holding disciplinary hearings, and informing the premier. Yet he ignored our resolution and gave bogosi to Nyalala, a man central to our tribe’s problems,” Kgafela told supporters in Moruleng. The royal family insists Mokgosi’s decision breaches the North West Traditional Leadership Act, the Baloyi Commission Report, and multiple court judgments. They argue Nyalala’s recognition reverses a 2022 ruling by former premier Job Mokgoro, who stripped him of the title after similar disputes. The family also accuses the ANC of meddling, alleging Nyalala funnelled tribal funds to the party without consent. They point to the ANC secretary-general Fikile Mbalula’s public backing of Nyalala and the party’s use of Moruleng Stadium, a tribal asset. “The ANC is propping up Nyalala to loot our resources. This is unconstitutional,” the royal family’s petition to Ramaphosa states. The conflict traces back to 2011, when Kgafela, then chief in Botswana, was stripped of his title after refusing to face charges for allegedly flogging his tribal members. He fled to South Africa in 2012, reigniting a feud with uncles Nyalala and Ramono over control of Bakgatla in Moruleng. In December 2024, Kgafela announced plans to return to Botswana, naming his son Matshego, a University of Cape Town engineering graduate, as his successor. “We’re tired of uncles causing chaos. My son is young, educated, and ready to lead,” he declared. On the other hand, part of the royal family supporting Nyalala wants Kgafela’s South African citizenship probed. “We further call upon authorities to apprehend and deport him to his country of origin. South Africa can't be reduced to a banana republic by this individual. He clearly has no regard for our laws despite his status in the country,' Segale Pilane told Sunday World in a recent interview.
“So desperate and devious was the intention of the previous Premiers that they unleashed the SAPS on us. To violently seize the offices of the community in order to impose a foreign Kgosi on us,” they said. South Africa’s Deputy Permanent Secretary in the Ministry of Justice and Correctional Services, Moffat Lubinda, has since confirmed they have met with a delegation sent by Kgafela in preparation for his envisaged return to Botswana. “We met a delegation sent by Kgafela at the ministry last week. We have been tasked with ensuring that everything is done accordingly, taking into consideration where the matter stood in the system and with those who were involved, so it may be closed cordially,” he said.