Justice Reuben Lekorwe of the Lobatse High Court reviewed the minister's decision calling it flawed after residents complained. The residents had raised complaints that a Kgosana was appointed and later recognised by the minister without them being consulted and going against their preferred candidate. The royal family and residents of the village, which is situated in the Tswapong constituency, have been tussling over the rightful heir to the Monneng ward chieftainship. The ward has pitted the royal family against each other over the throne. The throne is currently held by Patson Maele Pompe III while the claimant to the throne is Oitsile Tau Maele. In the mix is the approved appointment of Boiki Lesotho, holding the fort for the Maele Pompe III following a recommendation from the Bamangwato Tribal Administration.
It is the minister's decision or the recognition that the residents made an application to the court. Now, Justice Lekorwe has given the 81 residents led by the claimant to the throne, Tau Maele, a chance to choose their own preferred Headman of Arbitration. In the judgment issued on Friday, he explained that the recognition of Maele Pompe III by the minister followed a flawed process of consultation and it was therefore reviewable. "The decision of the Minister of Local Government and Rural Development to appoint Patson Maele Pompe III, or any other person holding the fort for him, as Kgosana of Monneng Ward, Goo-Tau Village is hereby reviewed and set aside. "The issue of appointment of Kgosana of Monneng ward, Goo-Tau is remitted to the Kgosi or the relevant Tribal Leader of Goo-Tau Village to commence the process of designation of the Kgosana either through elections of other democratic means in accordance with the Bogosi Act," Justice Lekorwe said.
The judge said seeking the views of the community when a determination has been made that the appointment of Kgosana should come from the Molemise family, was not, in his judgment, consultation envisaged in terms of the Bogosi Act. He pointed out that it was clear from the outset that there were two claimants to the position of Monneng ward Kgosana, Maele Pompe III and Tau Maele. "It was then incumbent on the Chief of Goo-Tau to subject the two to an election," he explained. In the application that was before the court, 81 residents brought an application to review and set aside the decision of the minister to appoint Maele Pompe Ill as Kgosana or Headman of Arbitration of Monneng ward, Goo-Tau or any other person currently so appointed or holding the fort for him.
They also sought a consequent order remitting the matter of the appointment of the Kgosana for the same ward to the villagers to decide who should be appointed through elections or any other democratic means that would be reflective of the wishes of the Monneng ward residents, Goo-Tau. The claimant to the Monneng ward throne is the first applicant, Tau Maele, supported by the rest of the 80 applicants. According to court documents, Tau Maele's father is the Headman of Record for Goo-Tau village. He once held the position of Headman of Arbitration for Monneng ward, which he vacated upon appointment to his present position.
The position of Kgosana in the ward reportedly became vacant recently which allowed Tau Maele's father to conduct a coronation ceremony for him. "The coronation, however, neither received the tribal administration approval nor a ministerial endorsement," read the papers. Tau Maele's case as per his founding affidavit, is that in 1984, his father was appointed Kgosana of Monneng ward and in September of the following year, he was appointed Headman of Record for Goo-Tau village. At the time, he stated that he was a minor and his father's paternal uncles held the fort for his father around July 2017, he said his father and the residents of Monneng agreed that he should succeed him at Monneng and for that reason, a big cultural event was organised to recognise and confirm his position as Kgosana.
Thereafter his father and other leaders engaged with the Bamangwato tribal leadership to have his name presented to the minister for appointment in terms of the Bogosi Act. He said that never happened as another claimant was appointed without consultation as the minister had, by a savingram dated August 8, 2022, approved the appointment of Lesotho, holding the fort for Maele Pompe III following a recommendation from the Bamangwato Tribal Administration.
