Phazha Kgalemang: an obituary

 

Indeed, when Phazha Andrew Kgalemang was born to Nana and Khanda Kgalemang of Mosojane village in the North East District in 1951, his parents and the whole community rejoiced. The fact that he was the first-born apparently made the joy even more palpable. At the announcement of his death 59 years later on November 21, all those who had known him are overwhelmed with grief.

Kgalemang started his primary education in his village. When his parents relocated to Letsholathebe village, the young Kgalemang enrolled at Masunga Primary School where he walked a total of 16km daily to school until he completed his primary education in 1965. The highest level for primary education was Standard Six. In 1967, he joined the Bechuanaland Police Force. The workaholic that he was, Kgalemang rose through the ranks and upon his retirement in 1988, after serving for upwards of two decades, he was a superintendent. In 1988, the adventurous Kgalemang enrolled at the University of Botswana (UB) to read law. After completing his studies in 1993, he worked for a year for the Venter and Associates law firm in Francistown. In 1996, he started his own law firm, which has employed 20 people who include attorneys, secretaries, an accountant, messengers, cleaners and professional assistants.

Elias Mbonini, a first cousin of Kgalemang, says that the death of his cousin is a blow to the family. He describes Kgalemang as a humble person who embraced everybody regardless of his or her social status. He says his cousin never hesitated to give a helping hand especially to members of both the immediate and extended family.

Many of his relatives will remember him; not only for the direct financial assistance he rendered but also for the court appearances he made for them albeit pro bono, according to Mbonini.

Kgalemang is reputed for having mentored several attorneys in this country. One of his protgs is attorney Wada Nfila of Nfila and Associates. Nfila worked for Kgalemang and Associates from 1998 to 2001 when he set up his own legal firm. He says during his interaction with Kgalemang as an employee, he learnt a lot from him. Nfila joins dozens of other lawyers who have known Kgalemang as a 'fearless lawyer.' According to Nfila, Kgalemang never hesitated to challenge the status quo if he felt the rights of his client were at stake. He said Kgalemang won many watershed cases and, in the process contributed to the development of the laws of Botswana by challenging many statutes. Nor did Kgalemang give up easily, according to Nfila. Citing an African proverb that says, 'The cow never appreciates the usefulness of its tail until it loses the tail, ' Nfila sees the death of Kgalemang as a great loss not only to the legal fraternity, but also to Botswana society at large.

Another Francistown-based attorney, Malike Mmohe of Mmohe Attorneys worked for Kgalemang and Associates from 2000 to 2002. While a student at UB, Mmohe had done his internship at this law firm in 1998 and 1999 during the vacations. He described the man he used to affectionately call 'Mr. K' as 'fearless, hard working and full of life'. Rather despondently, he avers that when in the presence of Kgalemang, be it in court or at a social gathering, you could never miss his humour.

Gabriel Komboni of Phumaphi, Chakalisa and Associates, knew Kgalemang professionally in 2002, when the former relocated to Francistown from Gaborone. Although age-wise, Kgalemang was a lot older than Komboni, the former finished his law studies in 1993, while the latter had completed in 1987. Komboni, who reveals that he has, at times stood on opposite sides with Kgalemang, describes him as a passionate lawyer 'who did his best for his clients sometimes to a fault'.

His big voice, bulky frame and forceful character, according to Komboni, intimidated young attorneys as well as less-experienced judges and magistrates. He adds that he and Kgalemang enjoyed mutual respect for each other adding that Kgalemang was a jovial and positive person who was famous for singing church hymns even inside the courtroom, while awaiting commencement of the court proceedings.

Komboni attributes Kgalemang's large clientele to both his friendliness and the positive outcomes he achieved in court for his clients.

Tshekiso Tshekiso, who became an employee of Kgalemang and Associates in 2006 and a partner in 2009 says Kgalemang was 'passionate about his work and demonstrated total dedication to it.' He said he tried many times to cope with Kgalemang's work rate but failed. 'He would already be in the office however early I arrive in the morning and we would leave him working late. He also worked on weekends,' said Tshekiso who says Kgalemang was more like a father to him than just a partner.

Tshekiso, who says he had a very good professional relationship with his partner, says the void left by Kgalemang will be difficult to fill. He reveals that attorneys at Kgalemang and Associates valued Kgalemang's input and often consulted him when they had difficulties in unraveling a case. 'His passing is a terrible loss to the company,' concludes Tshekiso inconsolably.

Gee Ketlogetswe, the Deputy Registrar of the High Court, Francistown says he first me Kgalemang when they were both at the university. Ketlogetswe would later become a magistrate before becoming Deputy Registrar. According to him, one of the most outstanding attributes of Kgalemang was compassion. He remembers how he would call the lawyer informing him about someone at his office who needed legal representation but had no money. He says Kgalemang would help the poor person with the commitment of somebody who has been paid.

Ketlogetswe says that Kgalemang's service was never about money but about principle and passion for the job.

'The best tribute to this great man is for us to put into practice all his virtues for, that way, his spirit will live on,' adds Ketlogetswe, for good measure.

Morgan Moseki, a Francistown-based attorney, who famously described Kgalemang as an institution, has aptly described him as an all-rounder. Indeed he was. Mbonini reveals that his cousin was a very successful farmer who specialised in Simmental breeding. Besides being a member of the Botswana Farmers Association, Kgalemang sat on the Botswana Telecommunication Corporation (BTC) and Botswana Railways (BR) Boards. He was also God-fearing and a staunch member of the United Congregational Church of Southern Africa (UCCSA).

Mbonini confirms the story that Kgalemang was in Sefhophe on Sunday morning, where he ironically delivered a moving sermon to UCCSA congregants on the topic of death. He reportedly told his listeners that death is inescapable. The same day, Mbonini and Kgalemang talked over the phone appointing to meet on Monday, which never came for Kgalemang. His cousin says that during their telephone conversation, Kgalemang had told him that he had lately been inundated with invitations from various branches of the church adding, to Mbonini's discomfort, that his days might be numbered. Mbonini was devastated on Sunday night upon learning that his 'brother' had died.

Pre-deceased by his parents by many years, Kgalemang, who will be buried tomorrow in Francistown, is survived by his wife and three children. A memorial service will be held today from 2pm to 4pm in the conference room of the Francistown High Court.

Horace Hann says, 'Be ashamed to die until you have won some victories for humanity.' As the Setswana dirge says, 'Tiro ya gagwe o e weditse.' There is no doubt that 'Mr K' served his clients and community diligently, winning victories for them and restoring dignity to their lives.  Yezelani Ngedothodzo Phizha