Kgafela, who currently fears for his life in South Africa (SA) after North West Premier Lazarus Mokgosi reinstated Nyalala Kgafela as SA's Bakgatla ba Kgafela Kgosi, could even return to Botswana earlier. Deputy Permanent Secretary in the Ministry of Justice and Correctional Services, Moffat Lubinda, told The Monitor they have met with a delegation sent by Kgafela. “We met a delegation sent by Kgafela at the ministry last week. We have been tasked with ensuring that everything is done accordingly taking into consideration where the matter stood in the system and with those who were involved, so it may be closed cordially,” he said.
In October 2011, government derecognised Kgafela as Kgosi of the Bakgatla tribe, following the provisions of Section 15(b) of the Bogosi Act. He would in May 2012 depart to SA before a warrant of arrest was issued in his name in August 2012. This is after he failed to show up at court in a case in which he was accused of unlawful flogging. Former president Mokgweetsi Masisi vowed during the 2019 election campaign that he wouldn't rest until Kgafela was back home. Just before the 2019 elections, it was announced that the “government has formed a view that the de-recognition be reversed and lifted forthwith. This was done in pursuance of the provisions of Section 6 (2) of the Bogosi Act. In this regard, Government Notice No. 513 of 2011 has been revoked".
Despite this, Kgafela who has expressed that he is a very happy man that the Botswana Democratic Party (BDP) lost elections, never officially got his recognition back. As things stand, he remains a fugitive from justice with a warrant of arrest on his head. Kgafela is now hopeful that the new government will lift the recognition and clear his path back to Botswana. Kgafela told Bakgatla that he was happy that he would now be able to visit Botswana before the date he announced in May this year. At the time, he had said he would return in 2030. Kgafela said he would visit Botswana as he is "a citizen of both countries" and would "come in and out" as he wished. “In the past, it was impossible for me to come home due to my troubles with the BDP as Batswana are aware. The intention is to return on May 21, 2025, and go to the Kgotla before visiting the graves of my parents and then going to my house which I left on May 21, 2012. “The 21st has been set by the ancestors and I can't come on any other day than May 21st. Because I left the country with people baying for my blood on May 21, 2012. It has been 12 years since I left,” he said. However, Kgafela said there was a condition for his return; that the new government had to make a certain law to ensure that he arrived without being bothered by anyone. “The law must state that as the new government, they respect Kgafela as Bakgatla Kgosikgolo and not Kgosi. That law must be made between January and April 2025 and I will definitely arrive,” he said.
Kgafela further said he had written to the new government congratulating them on their victory and he pleaded with them to make the law to allow for his return. He was, however, confident that there would be nothing that would stop him. He said if there are any challenges, he would postpone the return by a year as long as the day would be May 21 of the year. Following the appointment of Nyalala over Kgafela’s son, Matshego, in Moruleng, Kgafela has threatened legal action. On the other hand, part of the royal family supporting Nyalala wants Kgafela’s South African citizenship probed. “We further call upon authorities to apprehend and deport him to his country of origin. South Africa can't be reduced to a banana republic by this individual. He clearly has no regard for our laws despite his status in the country. “So desperate and devious was the intention of the previous premiers, that they unleashed the SAPS on us. To violently seize the offices of the community in order to impose a foreign Kgosi on us,” Segale Pilane told Sunday World in a recent interview.
