Kgatleng landmines for Pilane and BMD

BAME PIET
Staff Writer | Wednesday June 2, 2010 00:00

 

There has been disquiet in some quarters that Pilane, who is one of the leaders of BMD, a party that was formed on the platform of republicanism and protection of the rights of the minority rights chose to represent Bakgatla chief and a group of village vigilante who are alleged to have caused terror on some defenceless citizens. It was feared that, Pilane, as the face of the party that styles itself as the embodiment of rights, might be perceived as BMD's tolerance of extra judicial floggings.   

Pilane has however defended his professional decision to defend Kgosi Kgafela and the other accused saying they have a right to legal representation of their choice. He stated that he sees nothing wrong in being spokesman for the new party and at the same time representing the Kgosikgolo because he is not BMD and not everything he does represents the party. 'I am Sidney Pilane. I am not BMD. I have a separate life from BMD and it is not everything I do that I do on behalf of BMD,' he said yesterday in an interview. 

Kgafela, his younger brother Mmusi and 13 members of the Bakgatla regiments are in court facing five charges of assault occasioning grevious bodily harm. A warrant of arrest for the Kgosikgolo and his brother was issued after they failed to appear before Regional Magistrate Lot Moroka on Monday morning.

Pilane said that as a lawyer, he understands the Constitution as saying that an accused person is innocent until proven guilty by a court of law. He said Kgafela II, his younger brother and the 13 other accused persons are innocent until proven guilty and have a right to legal representation of an attorney of their choice. 'The Constitution allows me to represent anybody,' he said. Among the fundamental differences that the founders of BMD have with the BDP, the party they broke away from is that the rule of law was diminishing in the country and that they wanted to uphold the Constitution, the rule of law and Human Rights. Ever since the news of illegal floggings erupted in Kgatleng in December, local newspapers and radio stations have been overwhelmed by what the complainants termed the abuse of human rights in the area. Others even accused the government of endorsing the floggings allegedly spearheaded by the Bakgatla royal family. 

Pilane stated that he believes in the Constitution and so does the party he represents. He added however that BMD has never raised a complaint about the perceived human rights abuses in Kgatleng. 'BMD has not complained about Bogosi jwa Bakgatla and BMD has never complained about anything happening in Kgatleng. It is only individuals,' he said. He however, could not state his position on whether the floggings were right or wrong.

Meanwhile, during the February-April parliament meeting, MP for Kgatleng West, Gilbert Mangole who is among the BMD founding MPs defended the floggings saying the measure has brought law and order in the Kgatleng area. Supporting him was MP for Kgatleng East, Isaac Mabiletsa.