Kgafela vows to fight to the death�
Lerato Maleke | Friday August 22, 2014 12:13
At least according to one of his closest loyalists and community leader in Moruleng, Victor Modimakwane.
Kgafela’s loss means his biggest rival and uncle, Nyalala Pilane, continues as Bakgatla chief in Moruleng while Kgafela himself contends with his derecognition by the Botswana government.
Yesterday, Modimakwane told Mmegi that the campaign to have Kgafela recognized as Bakgatla paramount chief in both Botswana and South Africa was far from over.
“I can tell you that KgosiKgolo says he is a free man because he has been trapped by the Mafikeng High Court,” he said.
“He will be meeting his advocates today (Friday) to map the way forward.
“Today’s meeting will decide whether the KgosiKgolo will take the appeal to the Supreme or Constitutional court.”
It is reported that Kgafela is planning a weekend party in Johannesburg to celebrate his “new found ability” to appeal his case to the higher courts. Modimakwane charged that Nyalala had had privileged access and weighed into the decision against Kgafela.
“Our people have been tracking Nyalala and if he did not know this, he should know it now,” he alleged.
“He should restrict his movements because we know them.”
Modimakwane said Kgafela’s defense only received last Friday’s judgment on Wednesday “while Nyalala got it last week Friday”.
“We are wondering why both parties did not receive it at the same time; this is contrary,” he said.
Pilane was unavailable for comment as his secretary, Caroline Ramutla, said he was locked in meetings yesterday. His lawyer, Thipe Mothulwe, was also unavailable as his phone rang unanswered during the day.
Meanwhile, legal advisers say Kgafela’s appeal to a higher court may meet with better success if his father’s 1994 case is used a precedent.
In 1994, the late Kgosi Linchwe’s authority in Moruleng was established after a South African Supreme Court ruling against Kgosi Tidimane Pilane. Former South African President, the late Nelson Mandela, had also affirmed Kgosi Linchwe’s authority at Moruleng and advised Pilane to withdraw his court case as “it did not have prospects of succeeding”.
Sources within the royal family say the fight in Kgafela will also be fired by his desire to take control of the tribe’s assets in both Mochudi and Moruleng, the latter lying within the rich platinum belt and spinning of royalties to the tribe.
“He cannot simply give up his father’s assets and he is the rightful heir,” said one tribesman.
“Even Bakgatla in Moruleng support him, despite the High Court loss, because they trusted his father.” Meanwhile, Kgafela’s loss has brought about questions on whether his acquisition of South African citizenship will similarly come under the spotlight. Kgafela took up the citizenship shortly after relocating there in 2012, with reports however indicating that an unidentified person picked up the identity document and made off with it.
In addition, his loss comes shortly after hundreds of Bakgatla in Mochudi established a relief fund for him, where well-wishers are pledging cattle, produce and anything else for sale for his benefit.
Tribesmen say ten beasts have already been contributed to the fund.
“It would appear that while the fund was said to be for him and our heir, his son, it could actually be going towards his legal costs, which have been spiraling over the months,” a tribe insider said.
“Pilane used to pay for his legal costs when he fought battles here in Botswana, but that funding dried up when the two quarreled. There are some who are asking difficult questions about where the money from the beasts is going, for the sake of clarity.”