The High Court will pass judgement on March 11 in the case in which the Bakgatla Kgosikgolo and 14 of his subjects are appealing against the decision of a lower court that denied them permission to seek a hearing at the higher court. Kgafela, his brother Mmusi, Deputy Chief Bana Sekai and 12 others, approached the High Court last year to contest the decision of the trial magistrate, Barnabas Nyamadzabo, who ruled against their request for the criminal matter against Kgafela and his subjects to be referred to the High Court because the matter raised constitutional issues.
They believe that continuing without a High Court interpretation of the issues would deny them their constitutional rights. Representing the Bakgatla Kgosikgolo and his tribesmen, Senior Counsel Martin Brassey, acting on instruction from Unity Dow, argued that the lower court acted ultra vires by determining issues of constitutional interpretation, which should be the forte of the High Court.
