Kgafela, Pilane lose big
Tefo Pheage | Friday January 15, 2016 18:00
The North West Provincial Commitee appointed by the North West Premier Supra Mahumapelo to investigate the Moruleng chieftainship dispute has ruled that both Kgafela and his royal uncle Pilane have no legitimate claim over the chieftainship of Bakgatla-ba-Kgafela in Moruleng. This is accoding to documents passed to Mmegi this week.
The report signed by the chairperson of the North West Committee on Traditional Leadership Disputes and Claims, B.J. Totolo, and North West Premier Supra Mahumapelo, recommends that the recognition of Kgosi Nyalala Pilane should be “disregarded and nullified with immediate effect”.
Having considered Bakgatla-ba-Kgafela customs and the Traditional Leadership Framework Act, the commission recommended that Merafe Ramono be recognised as the rightful senior traditional leader of Bakgatla-ba-Kgafela in Moruleng. Ramono is Pilane’s cousin.
The report and recommendations on senior traditional leadership dispute of Bakgatla ba Kgafela came into being after Merafe Ramono lodged a claim that he is the rightful heir to the disputed title. The commission first communicated with the claimant, Merafe Ramono in July 2012 and later Pilane the respondent in January 2013 about the dispute. It also continued its investigations by visiting Provincial Archives and institutions of higher learning to establish the history of Bakgatla-ba-Kgafela, customary law of succession, family tree and more important establishing whether Merafe Ramono qualifies to the position of senior traditional leadership.
Commission dismisses Kgafela
According to the commission, Kgafela cannot lay claim on Bakgatla chieftainship in South Africa because the South African legislation does not give provision for the position of paramount chief or kgosi kgolo on the position of traditional leadership.
“Furthermore, it was also established that Kgosi Kgafela’s certificate of recognition as chief of Bakgatla in Botswana has been withdrawn by the government of Botswana. This is due to a warrant of arrest issued against him on alleged charges of assault,” reads the report.
The commission also dismissed Kgafela’s claim that as the paramount chief customarily he is entitled to choose any person from the royal family to be a senior traditional leader of Bakgatla in Moruleng. The report adds: “In contrast, all the families constituting the broader Bakgatla royal family in South Africa insisted at the meeting that they do not want Kgosi Kgafela in Moruleng.”
Kgafela’s SA citizenship
The commission also dismissed Kgafela’s claim that he is a South African. “This is not true as Kgosi Kgafela’s citizenship in South Africa is still being investigated by Home Affairs Department. According to the letter from Home Affairs, Kgosi Kgafela’s citizenship or identity number has immediately been stopped and he cannot do anything with a South African number,” reads the report.
Commission’s recommendations
With Kgafela and Nyalala on the way side, the commssion now recommends that consultation with the royal family in South Africa commences, pursuant to the implementation of the approved comission recommendations.
“Such consultation must take place for same purposes from December 22, 2015 until the last working day of Febraury 2016 or finalisation of entire proces,” adds the report. The taskforce further recommends that the royal family should establish a task team to work on unity and any other matter deemed to enhance same within the tribe in general and the criteria and the time to be decided by the royal family.
“At all material times in consulting and implementation of the recommendations, customs and tradition relevant to Bakgatla in general will prevail,” the report further advices.
Both camps react to commission’s report
Kgafela’s leading supporter, Victor Modimakwane, said the commission never went to Morafe (tribe) and that makes it difficult to accept the report. “The commission was politically and financially motivated. It is the ANC and their antics to protect Nyalala Pilane who has stolen from Bakgatla,” he said. Modimakwane said Morafe’s assets are in the hands of certain families through Nyalala, “...we want these assets and we will not back off, we are going to fight these injustices to the bitter end,” he said.
However another camp spokesperson, Segale Pilane, says the time has come for Kgafela to go home. “Bakgatla in Botswana should respect our right to rule ouselves and decide our fate and future. While we remain brothers and sisters because of history it is important to focus on our separate affairs,” he said. He also said the royal family will meet to decide the way forward.