Mmutlane Bogosi post declared vacant
Mpho Mokwape | Tuesday August 23, 2022 06:00
Lobatse High Court judge, Modiri Letsididi ruled on Friday that the Ministry of Local Government and Rural Development’s decision to appoint Kgosana for the residents against their will was illegal as there was no consultation.
Justice Letsididi’s ruling follows a legal tussle between the residents and government over the choice of Kgosana in their village.
The appointment of Kgosana Ketlareng Lekhutlile as the substantive Kgosana bestowed on them reportedly irked villagers when there were no consultations before the said move.
In the judgement, Letsididi said morafe will have to choose the desired Kgosana after proper consultation has been done.
“The appointment of a Kgosana in Mmutlane village is referred back to the tribe, for elders to undertake consultation with the community to designate a Kgosana for the village in accordance with customary law or according to the established norm and practice of the tribe,” Letsididi pronounced.
The judge explained that the ministry failed to consider the facts the tribe laid and that had government done so they would have found, as required by law, that there was no proper and genuine consultation.
He pointed out that the ministry failed to exercise its direction properly and fairly as the decision was exercised without first confirming that the designation of the Kgosana had complied with the strict rules of the Bogosi Act.
“I find that a failure to comply with the Act rendered the designation of the Kgosana illegal,” he said.
The judgement follows court proceedings in which the villagers, about 53 of them, were opposing the appointment of Kgosana.
Justice Lesetedi said for the Minister of Local Government and Rural Development to recognise Lekhutlile as Kgosana was illegal and needed to be set aside.
They filed a review application seeking for the decision of the minister to be set aside on grounds that there was no compliance with the Bogosi Act, especially Section 22 as there was no consultation with the people of the area.
The residents’ attorney, Uyapo Ndadi argued that the minister’s decision amounted to illegality because the villagers did not agree with the appointment.
Prosecutor Rapelang Nkau on one hand had denied the allegations saying there was consultation that endorsed Kgosana Lekhutlile to ascend the throne.
Meanwhile, as per the court documents, the village was established in 1910 after the original inhabitants migrated from Serowe.
Since then there has been a peaceful exchange of chieftaincy until 2019 when Kgosi Lomatsoga left office.
When he left it was said that the villagers experienced succession battles following the vacuum leading to the current legal war.