Wanted: Kgosi Kgafela and younger brother

ISAIAH MOREWAGAE
Staff Writer | Wednesday June 2, 2010 00:00

 

Police officers are looking for Kgosi Kgafela Kgafela of the Bakgatla and his brother Mmusi Kgafela after Magistrate Lot Moroka issued a warrant for their arrest, after they failed to appear before court for the second time on Tuesday.

Moroka found that the aggravating fact is the conduct of Kgafela whom he said had the audacity to tell his tribesmen to disobey the court summons. He added that Kgafela did so without even communicating with his legal representative.

Kgafela II and his brother yesterday avoided arrest by the skin of their teeth after they managed to get the court to postpone their arrest.

Magistrate Moroka on Monday declared that the arrest of the suspects be held back until they explained their absence to the court yesterday. When the case resumed yesterday morning, prosecutor, Samatha Mbikiwa, told the court that the state is waiting for warrants so that the court instructs Interpol to arrest the chiefs if they are outside the country.  There are reports that the two are currently out of the country.

Moroka ruled that Kgafela and Mmusi should be arrested and brought before court to explain why they should not be remanded in custody.  Advocate Pilane however told the court that they would be no need for the state to be dramatic and embarass Kgafela and Mmusi through the involvement of Interpol. Advocate Pilane told the court that he received a call from Deputy Police Commissioner, Kenny Kapinga, requesting him to call Kgosi Kgafela and Morena Mmusi to avail themselves before court.

Advocate Sydney Pilane used Section 126 (3) of Criminal Procedure and Evidence Act to persuade the court not to arrest his clients.  The section says: 'If, upon the day appointed for the appearance of any person to answer any charge, he fails to appear, and the court is satisfied upon the return of the person required to serve the summons that he was duly summoned, the court may, at the request of the prosecutor, issue a warrant for the apprehension of the said person, and may also impose on him for his default a fine not exceeding P50, or in default of payment of such fine may sentence him to imprisonment for a term not exceeding three months or may sentence him to imprisonment without the option of a fine for a term not exceeding one month. The court may, upon cause shown, remit any fine or imprisonment imposed under this subsection'.

Pilane contended that from what transpired in court yesterday, the state prosecutor did not make any application for the arrest of his clients. He added that neither Kgafela or Mmusi failed to pay the P50 fine that is prescribed by the law. Moroka poured cold water on Pilane's contention saying that even though warrants of arrests are not meant to be a punishment to the accused but rather are there to make the person appear before court where and when the need arises. 'Orders for the arrest of people on contempt of court are intent to preserve the integrity of the judicial system.' On the issue of the other 13 accused persons, Moroka discharged their warrants of arrests after he was satisfied that they have shown remorse about their non-appearance on Monday. Moroka warned them to follow the correct court procedures and abide by all court orders in the future. The case is expected to come before court on Monday, while Kgafela and Mmusi are to appear immediately upon their arrest.

Kgafela, Mmusi and Linchwe are accused alongside Bogopa Lenchwe (36), Christopher Oni Tshige (39), Mmolotsi Ntswetswe (34), Baboloki Richard Pilane (32), Bathusi Ralefala (33), James Mollowakgotla (42), Kabelo Lentswe (26), Modisagae Matshome (30), Kabelo Mooketsi (32), Kgamanyane Radikolo (41), Nthithane Segwati (51) and Thipe Segwati (51).

They are all represented by Advocate Pilane assisted by Sadique Kebonang, while the state is represented by senior state counsel, Kgosietsile Ngakaagae and Samantha Mbikiwa.