A nightmare for the monarchy

| Tuesday June 1, 2010 00:00

 

Yesterday morning brought the clearest evidence yet of the painful process that this country is going through - the mortal combat between the remnants of a tradition, in the form of a neo-traditionalist group, and the modern interpretation of this country as a constitutional republic.

In the morning outside court where photographers and journalists, otherwise known as members of the Fourth Estate in modern democratic Botswana, hung around men and women dressed in animal skins and dijale le mateisi from Kgatleng. However, outside court, there was a peaceful atmosphere - even an interesting harmony - photographers and journalists milled about, snapping away, while the people Advocate Sidney Pilane would later refer to as 'tribespeople' seemed, unconcerned, if only slightly appreciative of the attention.

Proceedings started a bit late as Lot Moroka had had to attend to the protracted Nchindo case first. When the court is done, it is time for the no-nonsense magistrate to attend to the case in which members of the Bakgatla royal house stand accused of illegally administering punishment to a number of people.  In a scene straight out of an absolute monarch's ultimate nightmare, Magistrate Moroka presides over royalty.

However, to republicans, here is an example of the vitality of the system which lies in the ability of the judiciary to deliberate on all citizens without much care to their social standing.  When the names of the accused are called out, no-one comes out to the stand, which makes Moroka wonder loudly as to whether the accused are 'invisible'.Pilane stands up to explain the whereabouts of his clients. Pilane, a lawyer and a Mokgatla man himself, calls Kgafela Kgafela 'Kgosikgolo' and refers to Mmusi Kgafela as 'Morena.'

He says while he cannot explain the absence of the others, Kgafela and Mmusi's absence can be explained. He has had a conversation with Ngakaagae in which he explained that he would want his clients to be excused from the session, owing to their myriad engagements, he says, adding that the absence of Kgosikgolo and Morena is not in disobedience of the court.

As for the rest - largely commoners - Pilane offers the supposition that they may have not be in attendance because of ignorance of the law, naivety and a flawed view that the matter of a summons can be referred to the Kgosi. Pilane says the men are largely young and inexperienced and promises Moroka that if court met another day, all the accused would be present; he would himself make it clear to them how important it is for them to obey court.

Ngakaagae, a Mongwato man from Serowe but one steeped in Botswana as a republic, rises to his feet. He apologises that he won't refer to Kgafela or anyone else by their social titles, explaining that as a prosecutor, he cannot be seen to be giving certain people title and that all are equal before the law. The crowd of Bakgatla tribesmen sighs quietly when he says this. Ngakaagae says his discussion with Pilane over the absence of the royals was not permission to sanction the act and that only the court could make that determination.

Ngakaagae explains that in the future, if ever there is a discussion of any bail application, he will ask that those asking for it provide for a cessation of floggings in Mochudi.

'We are worried that Kgatleng residents' rights are being trampled upon,' he points out. By placing the onus of stopping the floggings on the royals, he will be assisting the people of Kgatleng to find peaceful existence. 

Moroka then delivers his judgement, in which the commoners and the royals are the objects of an immediate warrant of arrest. 'To start negotiating summons would put our court into disrepute,' he pronounces. 'The judiciary is the foundation upon which our republic is built.  'All of us will go but the republic will remain.  Before court, everyone is equal. I therefore reject the explanations offered by the defence. I thus issue a warrant of arrest for all 14 of the accused.'

When members of the media rush to Mochudi for a frontpage and prize-winning shots of the Kgosikgolo mounting a squad car, Bakgatla men and women stand outside court, pondering the meaning of it all.