Clouds of uncertainty in Kgatleng
Lerato Maleke | Friday September 19, 2014 15:48
A few months ago, thousands of Bakgatla-Baa-Kgafela caught buses, combis and private vehicles from the Kgotla to Mafikeng in South Africa, to lend support to their exiled paramount chief, KgosiKgolo Kgafela Kgafela II.
The paramount chief was facing estranged kinfolk in a Mafikeng High Court battle whose outcome would determine who rules Bakgatla in South Africa and Botswana.
This week marked exactly a month since Judge Mashango Monica Leeuw delivered an adverse judgment against Kgafela, dismissing his suit for the paramount chieftaincy of Bakgatla in both Botswana and South Africa.
On Thursday, legal eagles close to the exiled chief said a leave to appeal Leeuw’s decision was being awaited from the High Court, which if granted, will see Kgafela take his battle to either Constitutional or Supreme Court in South Africa.
From the heady excitement of the “million-man march” to support Kgafela in July, which ended in a reserved judgment, to the actual judgment in mid-August, a form of limbo has gripped Mochudi. Within the stasis, several key events have taken place.
Dispute over Leeuw’s Judgment
While Judge Leeuw’s judgment a month ago seemed cut and dry, Kgafela loyalists and others have torn it to pieces, disputing the contention that the chief’s application was dismissed. At a Kgotla meeting held two weeks back, aides close to Kgafela told Bakgatla that contrary to media reports, the KgosiKgolo had not lost any case.
“KgosiKgolo is unhappy about recent media reports that he has lost a case in Moruleng and that Nyalala has now been declared the KgosiKgolo. He is also not happy that Bakgatla have been left in a state of confusion following the reports and therefore he has sent us to explain everything to you,” said Kabelo Moswetsi, the Secretary of Mangana (Kgafela’s regiment).
According to Moswetsi, the KgosiKgolo says the fourth respondent in the case Kagiso Pilane, who is Kgosi Nyalala Pilane’s nephew, is the one who lost last month and was ordered to pay. Moswetsi added that Kagiso Pilane was also the driver of a court interdict challenging Kgafela’s leadership in South Africa.
“One of Kgafela’s children in Moruleng had wanted to know who is the KgosiKgolo between Kgafela and Pilane in Moruleng and he lost the case,” explained Moswetsi indirectly referring to Kagiso.
According to documents from Leeuw, however, the ruling on case number 111/2014 was unequivocal: “The application is dismissed with costs, such costs to include costs of two counsel in respect of each respondent”. In this particular case, Kgafela as the first applicant had sought, among others, “that the first applicant, Kgosi Kgafela, be declared a senior traditional leader of the Bakgatla-Baa-Kgafela tribe.”
The main issue in the appeal, according to Kgafela’s defence, is that Leeuw failed to answer an issue before court. “She failed to pronounce who is the senior traditional leader between Kgafela and Pilane,” said Kgafela’s loyalist, Rampho Pheto, who is also a lawyer. He argues that Leeuw “took a short cut” and instead referred both parties to a commission “to determine who is the senior leader.”
“Kgafela has not lost any case. Who said this?”
Another Kgafela ally, Victor Modimakwane was even more upset. “Where is it written in the judgement that Kgafela has lost a case against Nyalala? The judgement that you used is totally different from the one we have here. Yours was issued by the Botswana government not South Africa.”
A celebration of “the loss” in Moruleng
On the weekend after Leeuw’s judgment, Kgafela and his loyalists celebrated what they termed “the loss” in Moruleng,” with a party that began 0900hrs and ended late in the evening. This despite loyalists claiming the Kgosikgolo had not lost anything.
“This is what Kgabo had been expecting and he wanted to lose so that he could now be free from the Mafikeng High Court and appeal to a higher court,” said another Kgafela ally, Modimakwane.
“I left (the party) at 1800hrs in the evening, but Kgabo was still there.
“We cooked different types of traditional dishes including bojalwa jwa Setswana and enjoyed ourselves the traditional way with the KgosiKgolo.”
The weekend celebration was only planned for Bakgatla-Baa-Kgafela in Moruleng. “We did not invite the Mochudi ones and this was according to our plans including catering,” he explained.
“However, this does not divide us,” concluded Modimakwane.
Kgafela fundraising stepped up
At a recent Kgotla meeting, Bakgatla were informed that Kgafela had ordered that a special day be arranged at the Kgotla, where all mephato would assemble. Moswetsi said on that day, there would be boxes placed for different mephato to make donations, beginning from P10 and above.
Kgafela has also, according to his envoys, ordered that all members of the tribe donate a beast, and that this should not only be restricted to his regiment. “However, he said that only those who can afford should do so,” explained Moswetsi. Also he ordered that two beasts be slaughtered and more food be cooked to perform a ritual and that all the mephato eat and without a word leave the Kgotla.
Kgafela is also reported to have instructed members of the tribe to open a trust fund called Sedibelo Fund where the tribe can freely make donations for development as well as for the printing of more copies of his recently released book, The King’s Journal. According to Moswetsi, P300,000 is needed for more copies and Kgafela wants it to reach even the remotest of areas in Kgatleng.
“He says those who don’t know English should ask their children to read and explain for them.” Already Bakgatla have opened an account with Barclays Bank where money can be deposited. The account number was opened in Mochudi.
Petition written to Khama
An eight-man delegation sent to follow up on the petition issued in June to President Ian Khama returned with delightful news at a recent Kgotla meeting.
The petition was initially delivered in June and demanded the cessation of all prosecution against Kgafela and that deputy chief Bana Sekai be reinstated. According to Kgosana Jabavu Morema the team met with Khama’s personal secretary, George Tlhalerwa, who overwhelmed them with his hospitality.
“George Tlhalerwa welcomed us and even gave us food to eat and to also take home,” said Moagi Molebatsi, another team member and chair of the Mangana regiment.
“The reception we received at the Office of the President was overwhelming. We sat on comfortable chairs and even played with them.” Molebatsi further explained that Tlhalerwa had promised the tribe that he would present its grievances before Khama.
“I realised that the people at the Office of the President including Khama do not have a problem with us Bakgatla”, said Kgosana Morema.
However, there are divisions over the petition. According to sources within the royal family, senior members of the royal family who include Kgafela’s uncles – the reinstated chief’s representative Segale Linchwe and Acting President of Customary Court of Appeal Mothibe Linchwe – as well as Kgafela’s brothers Mmusi and Bakgatle, sister Seingwaeng and mohumagadi Mma Seingwaeng, have distanced themselves from the petition. In some quarters, it is felt that the petition is the handiwork of only one regiment and that the royal family in Mochudi has not properly been consulted or brought on board.
At a recent Kgotla meeting, Kgosana Morema questioned the unity of Bakgatla in the petition.
“Ke eng o kare ga le mmogo? Ke a seba! Ke lemogile sengwe! Tautona o siame fela mathata ke lona Bakgatla,” he said.
Divisions also exist over the reinstatement of Bana Sekai, whom government removed from the deputy chief position earlier this year, after hostile relations in recent years.
There is a section of Bakgatla who do not want Sekai but prefer Kgafela alone, while Kgafela’s loyalists are fighting tooth and nail for both to be reinstated.
“However, there is yet another section of the tribe called lekoko, which is going behind our backs claiming to be uniting the tribe”, revealed Sekai at the time.
“We have informed Tlhalerwa that “lekoko leo ga se la morafe”, said Morema. Should Kgafela return to Botswana anytime soon, he will have his work cut out for him to restore unity of purpose and calm within a tribe where issues are cropping up regularly.