Kgafela ousts Ramono
Innocent Selatlhwa | Monday September 23, 2024 12:00
Kgafela has been accusing Ramono of insubordination and failure to work well with others, Mmegi has learnt. The expulsion was confirmed to this publication by Kgafela's spokesperson, Letlotsa Phalafala. 'I can confirm with certainty of the sun rising tomorrow that Ramono has been dismissed as kgosi ya Bakgatla Ba Kgafela in South Africa by the royal family lead by Kgosikgolo and the premier of the North West Province has received the letter to withdraw Ramono's certificate of recognition as kgosi,' he said. Ramono Pilane Linchwe was the appointed Kgosi in 2020 following an announcement by North West Premier, Professor Tebogo Job Mokgoro. Ramono had stood with Kgafela when they fought for the withdrawal of certificate of recognition for his predecessor, Kgosi John Nyalala Pilane. In February, Kgafela suspended Ramono from office pending an inquiry and possible formal hearing to determine his fitness to hold office, and to represent the best interests of the royal family and the BBK tribe. According to the suspension letter, the charges laid against Ramono then included that he has a track record of frustrating people he was supposed to work with, including Kgafela, often with potentially serious consequences. However in response to the letter, Ramono had said it sets out several charges which are not prescribed by law.
“An allegation that someone got frustrated as a consequence of my action doesn’t amount to either a common law or statutory offence and neither does such culminate in a customary law infringement. “These unsubstantiated allegations are merely bare and fail to meet the requirements of a proper charge with sufficient details indicative of the alleged violation,” Ramono wrote. Furthermore, Ramono said that the contents of Kgafela’s letter of suspension were unfortunate moreover that they were typical of a ruler with total power. “In the letter, words such as my alleged failure to carry his instructions clearly define his calibre. There should always be checks and balances to regulate, monitor, and discourage the exercise of arbitrary power,” he wrote. “In the result, I submit that this suspension is unlawful and unconstitutional and ought to be reconsidered and set aside with immediate effect, failing which, I will be left with no option but to approach the government for intervention,” Ramono stated. Kgafela was not amused with the response and called on Ramono to withdraw the letter. He warned that failure to withdraw, the contents of the letter would constitute disciplinary proceedings. Ramono would in August be hit with two charges, one being that of insolence towards Kgafela. “Use of rude, disrespectful, dishonest, abusive language, and behaviour; disregard of lawful instructions of Kgosikgolo, coupled with incompetence, and insubordination by failure to attend a scheduled meeting,” reads the documents. Amongst the many pointers for the charge, Kgafela highlighted that the impression of Ramono’s behaviour is that he has been harbouring a plot against the royal family, waiting for an opportunity to hold the government certificate of Kgosi to usurp the throne “as Nyalala Pilane has attempted. Notwithstanding your undertaking in your written agreement with Kgosikgolo that you would not behave as the previous administration of Tidimane and Nyalala”.
Ramono’s second charge is that of unethical, dishonest, and dishonourable behaviour towards people and associates he is expected to work with and cooperate towards the best interests of the tribe. On the third charge, Ramono is accused of failing to act in the best interest of the BBK tribe concerning the Rooderandt Farm mining conflict with Matlhopi, a mining company accused of stealing chrome and blocking other legitimate miners from enjoying their rights and benefiting the community. In the face of the charges, Kgafela informed Ramono that he had failed the community and the royal family and as such he was supposed to show cause why he shouldn’t be dismissed from Bogosi. The disciplinary hearing was scheduled for August 28 and 29, 2024, but Ramono would urgently approach the High Court seeking an order interdicting the Kgafela, Kgotla Kgolo ya Bakgatla, Bakgatla ba Kgafela royal family from proceeding with the disciplinary proceedings. He also wanted the respondents to be interdicted from arranging and organising to proceed with disciplining and removing him from his position as a Kgosi of the Bakgatla ba Kgafela in the North West Province. Ramono also wanted Kgafela, Bakgatla, and the royal family to be interdicted from claiming that Kgafela was vested with the customary law power and authority to institute disciplinary hearing proceedings against him.
Equally, he wanted Kgafela to be interdicted from removing him by way of disciplinary action or proceedings. He was, however, unsuccessful and a new disciplinary date was set by Kgafela for the hearing. Ramono would not give in and authored another letter objecting to the disciplinary hearing. “Your notice is too short and does not provide me with a reasonable opportunity to prepare, arrange and attend your hearing and it could have been more or less a month notice,” he stated. Further, he called upon to furnish reasons in terms of section 5 of Promotion of Administrative Justice Act (PAJA) and provide proof of compliance with section 25 of the North West Act before 9AM on Monday September 9, 2024 or withdraw what he termed the unlawful and unconstitutional disciplinary hearing scheduled for September 11 2024, failing which, he shall have no option but to approach the High Court again on urgency basis. Ramono submitted that whenever any of the grounds referred to come to the attention of the Royal family and the Royal family decides to remove the Kgosi, the Royal Family must within a reasonable time inform the Premier of such decision and the reasons thereof. On being accused of transgressing Bakgatla customary law and statute code of conduct provisions in the Act and the standards of professionalism in Public Administration, Ramono argues that if indeed there is any substance or merit in the accusation, Kgafela’s unilateral decision to institute an unprecedented disciplinary hearing or action is unlawful and grossly irregular. “No Kgosi of Bakgatla-ba-Kgafela has ever been subjected to a disciplinary action. It is alien to the tribe’s customary law and custom since time immemorial. That being the case, I vehemently note an objection against disciplinary hearing proceedings against myself,” he wrote. In his response to the letter, Kgafela said Ramono raised the same issues and debate that failed at Court. “We shall not open that debate. You are free to approach the Court yet again on urgency and fail,” he stated. Kgafela said Ramono’s complaint of not having sufficient time is not genuine because he had known of the charges and complaints about him since 6th February and August 13, 2024. “You had sufficient time to prepare. The time that you have put into litigation and raising all these technicalities should have been invested in answering the charges in writing. To date you have failed to at least answer the charges in writing item by item,” he wrote.
Kgafela said the law demands that they resolve Bogosi issues internally. He said Ramono is obliged to participate in this internal process rather than seek to thwart it with technicalities and useless litigation that exposes them to costs. “The hearing shall continue as scheduled because that is what we ought to do to conclude the issues in the indictment. It will not be in the best interest of BBK communities and affected parties to prolong this matter any longer. On a parting note, we advise you as a brother to stop that trajectory you find yourself in. It is obvious that you cannot win,” Kgafela wrote. “We are your relatives and not the people who advise you along that path of destruction. Your actions are not serving you or anyone in the family any good. The fact that you cannot even face me or anyone in the family, after so long of a relationship; that you have not visited me or even greeted me in the past seven months alone should be an indicator that you are wrong. You are wrong Abuti Lekoba.” On the day of the hearing (September 11, 2024) Ramono did not pitch up, which would then lead to his dismissal. It remains to be seen whether Ramono would fight back as did Nyalala who fought with Kgafela for many years before he could make way for Ramono. Kgafela has been living in South Africa since 2012 after he relocated following his legal battle with the State in Botswana over flogging incidents in Kgatleng. While he has always remained mum about his return to the country, Kgafela in May told dozens of Bakgatla that he would return to Botswana in 2030.