Kgafela Tears Molokomme's Riot Act To Pieces

By Monkagedi Gaotlhobogwe
Staff Writer | Monday February 8, 2010 00:00

 

On the January 25 this year, a press release in the Daily News by the Attorney General stated how corporal punishment should be administered under Botswana laws, specifically addressing what she said was the ensuing debates on the issue. The press release was regarded as a reprimand of Bakgatla tribal administration and their regiment, Madibelankwe, as they have been flogging people deemed to be wayward in their behavior. As if that was not enough, the Bakgatla leader and his captains met the Minister of Justice and Security Ramadeluka Seretse, where they were told to hold a kgotla meeting to explain how the so-called corporal punishment should be administered.

That kgotla meeting was held on Saturday, with many hoping to see an embarrassed Kgafela spelling out Dr Athaliah Molokomme's regulations on the administration of corporal punishment.

However what came out of the Saturday Kgotla meeting in Mochudi was the exact opposite, as Kgafela, an attorney himself, declared to the ululations of his people that the Attorney General's regulations apply only in a Customary Court setting, and therefore would not govern regimental duties. The crowd responded with deafening claps and ululations of approval.

Kgafela however told the gathering that he had met with the Attorney General on Friday last week and that while he agreed with her on many things, there were a few other things where they differed. He did not elaborate. Before he dropped the amazing announcement Kgafela also announced that he has met President Ian Khama twice and that both of them share common views on nation building. 'We are going to rebuild Botswana nation...my views and his do not conflict at all. Whenever I meet with him (Khama) our meetings are cordial and end happily... I also met with the Minister of Justice recently, although the media say I was summoned. That is not true, I'm a kgosi kgolo, I cannot be summoned, we met with the Minister in a cordial atmosphere, and our meeting ended happily for both of us', Kgafela announced to the delight of his people at the Kgotla.

Tongue in cheek, Kgafela said: 'I support the AG by adding that every tribe has the right to administer justice as they choose, because the Laws of Botswana allow that a parent or traditional leadership discipline a person by flogging. 'Thupa mo mokwateng molao wa Botswana o a e leta gore botsadi bo ka kgalema ka yone mo lwapeng, mo lekgotleng ka thupa ya mokwatla, re le botsadi re phuthagane re se Court, mme re le lekgotla.'(The constitution supports flogging, it allows parents and traditional leaders to discipline a person by flogging in the family, and at the kgotla. When we do so, we do not do so as a Court of law, although we might be doing so at the kgotla. We gather here at the kgotla to discipline people, but not as a Court). 'Re ntse re kgalema bana re sa ipitse Court, ba bangwe ba a re palela re ba ise Court (We have been disciplining our people, but not as a Court, some people fail us and indeed we do refer those cases to the Court).

 In his defense of the traditional disciplinary method, Kgafela says it does not leave one's name dented with a criminal record, which could make them unemployable as opposed to the court system.

Kgafela announced to the gathering that a 1998 High Court ruling did recognise flogging.  ' Therefore we are not at loggerheads with Government over this issue of nation building', Kgafela declared to more rousing applause.