Kgafela appeals High Court decision

The High Court made the decision in a case where Kgafela was challenging the constitutionality of trying him for floggings as a chief.

"Dikgosi cannot act outside the constitution and laws prescribed by Parliament when all other functionaries of the state act within the prescribed statutory limitations. To do otherwise would clearly be unconstitutional," the court had ruled. "This answers the question of go kgwathisa. The short answer to this question is that it has to be applied by a court acting in accordance with and within the parameters of the enabling Act of Parliament," the High Court said. The decision was made by a three-man bench of Chief Justice Maruping Dibotlelo, Modiri Letsididi and Isaac Lesetedi.