Court Blocks Kgafela�s Nyalala Ouster Bid
Tefo Pheage | Monday September 26, 2016 16:06
Kgafela announced in April this year in a well-attended Kgotla meeting at Lesetlheng, outside Moruleng that he will be installing Pheto as the acting chief in Moruleng on September 24, which was Saturday. He announced in that meeting that the installation ceremony would be a huge event to be attended by Bakgatla from South Africa, Botswana, Namibia and America.
However, a last minute urgent court application by the Royal family of the Bakgatla-Baga-Kgafela traditional community of Moruleng, led by Kgosi Nyalala Pilane and Bakgatla-Baga-Kgafela traditional council has brought everything to a halt after the court agreed that Kgafela should not proceed with his intentions.
The applicants were challenging Kgafela’s decision to instal Pheto on the grounds that Kgafela is not the paramount chief and is not empowered to install anyone as he wishes. They further argued that he did not follow the laid down procedures and processes of removing and installing a chief, further arguing the move undermines the ongoing commission to investigate Bogosi jwa Bakgatla lineage.
The North West High court judge, Madam Justice Djaje in her ruling ordered that, “Kgafela and Pheto and all those who support them be interdicted from proceeding with a ceremony to enthrone and instal Pheto as acting Kgosi of Bakgatla-Baga-Kgafela traditional community on Saturday as planned”.
The ruling further interdicted Kgafela, Pheto and all their supporters from proceeding with a ceremony, which may result or turn out to be an installation and enthronement of the second respondent, as acting Kgosi of the Bakgatla-Baga-Kgafela traditional community.
The Bakgatla leader at his Lesetlheng kgotla meeting said Pheto had agreed to act in the role even though he was initially reluctant to occupy the throne. Kgafela announced that his troubles with Nyalala Pilane were now a thing of the past and that he will be replacing him on September 24. He added that Pheto would be deputised by a certain Mothibe.
Kgafela also announced that Pheto’s role will be to take care of Bakgatla’s wealth and to unite Bakgatla all over the region, adding that he was giving his new chief in Moruleng a 10-year period to complete his work and present a full report to the morafe on September 24, 2026.
However, Kgafela stressed that in between, he expects Pheto to use the wealth of resources in Moruleng to once and for all nip poverty in the bud amongst Bakgatla. He claimed that Moruleng was endowed with resources that make Bakgatla the richest single tribe in the whole of Africa. Kgafela said he has received written and oral reports, indicating that the royal house in South Africa met and agreed to field Pheto as their chief.
Kgafela said although the South African security authorities were initially reluctant to use the audit findings to prosecute his nemesis, Nyalala, their attitude has changed of late.
Meanwhile, according to sources, Kgafela and Pheto, both lawyers, promised to respect the order, but proceeded with the heritage celebration on Saturday, which was long planned for. It is not known whether Kgafela will fight the ruling or wait for the commission’s report.