Kgafela Case: What they said�
Lerato Maleke | Friday August 22, 2014 12:13
Further, Judge Leeuw said she would not consider the fact that Kgafela has been derecognised as the Bakgatla paramount chief in Botswana. Leeuw reminded both Nyalala’s and Kagiso’s defence counsel and supporters that Botswana and South Africa were two different countries, hence have different and independent statutes that govern bogosi.
“Whether Kgafela has a case to answer here in South Africa would be determined by me and I am not going to consider his derecognition back in Botswana and his pending cases when I deliver judgment,” said Judge Leeuw. “Whatever happened to Kgafela in Botswana doesn’t concern me and the South African government and it ends there,” stated Leeuw, whereupon Kgafela’s supporters began to show smiles. It was smiles all the way in a packed courtroom until Kgafela’s supporters drove back to Botswana while some went to Moruleng.
After two breaks, where the arguments centred on South African legal provisions and statutes around chieftaincy, Judge Leeuw said that she would need time to study Bakgatla chieftaincy both in Moruleng and Mochudi and also find out how the bogosi link.
Judge Leeuw’s remarks came after a court interdiction brought forward by one Kagiso Pilane, who stated that he is a member of the royal house in Moruleng. According to Kgafela’s younger brother Mmusi, a lawyer by profession, Kagiso is a son to Nyalala’s brother who died long time ago. Therefore Mmusi’s argument is that both Nyalala and Kagiso are outside the immediate circle of Bogosi, both in Mochudi and Moruleng.
Nyalala and Kagiso’s defence
Nyalala and Kagiso’s defence had argued that Kgafela could not be the paramount chief in Moruleng, but of Mochudi. They said in Moruleng for one to be a paramount chief, the royal traditional house, which runs the Bakgatla Ba Kgafela affairs, elects him or her. Kagiso’s defence had also considered Kgafela’s pending court cases and his derecognition in Botswana
Kgafela’s defence
Earlier on, Kgafela’s defence had argued that Kagiso, together with his uncle Nyalala, were far distant from the Bakgatla Bogosi inner circle.
According to Kgafela’s defence the inner circle of bogosi is centred around the late Kgosi Linchwe II, his children, with Kgafela as the head, deputy chief Bana Sekai, Kgafela’s lefthand Ramono Pilane, his uncles including the chief’s representative Segale Linchwe and the acting Customary Court of Appeal President, Mothibe Linchwe.
Then the rest, including Nyalala and others in Moruleng. However, they emphasised that both Nyalala and Kagiso were too far out of the hierarchy.
Kgafela’s defence argued that the royal traditional house in Moruleng doesn’t have the powers to elect a paramount chief and that theirs according to the Bakgatla custom is born, and not elected as Kagiso claimed during trial.
Kgafela’s defence also pointed it out that even Nyalala was installed by the late Kgosi Linchwe II to hold the fort for sometime.
Kgafela’s defence argued that the royal traditional house in Moruleng doesn’t have the powers to elect a paramount chief.
Mmusi’s
arguements
“The problem is that people who are far from the inner circle of bogosi want it although us are relaxed.”
He pointed to Nyalala that his brother, Kgafela, is Kgosikgolo and is quick to say that “Nyalala ke legodu”.
Despite Kgafela loosing, Mmusi said Nyalala would go.
He said he had not seen the judgement yet and would need to study it first.
“But it is shocking to hear that my brother has lost. If it is so definitely KK will appeal, I know”, he said.
Nyalala’s arguments outside court
Pilane has a feeling that Kgafela is too aggressive. He revealed that Mohumagadi Mma Seingwaeng, (Kgafela’s mother), his brothers Mmusi and Bakgatle, once came to Moruleng trying to reconcile the two but Kgafela chased them away.
Pilane says that Bakgatle openly informed Kgafela that he is not going to be part of whatever he (Kgafela) is doing and that he has his own family to attend to.
He said that Mmusi stated that he did not like what their brother was doing and that they were not involved.
Pilane said that the problem is the mindset of the silent majority and that people were afraid to talk.
“Kgafela is younger than me, although ka bogosi a le motona.
Ke ngwanake although e le nkgonne ka bogosi”, he said.
He worried that Kgafela took a family affair and aired it in public. He also noted that Kgafela’s uncles in Mochudi have failed to act, saying if there was a Bogosi crisis, they (the uncles) should act.
Pilane insisted that he was ready to reconcile with his nephew.
He referred Mmegi to his defense counsel regarding Kgafela’s cases.
These include the one Kgafela lost – where he challenging him, also Thandie Modise, the Member of the Executive Council (MEC) and bogosi in Moruleng.
However, Pilane refused to indulge, suffice to say, “When I start discussing these court cases, people will start thinking that I am a coward, so let us wait and see what happens”.
He, however, made a startling revelation, saying Bakgatla ba Kgafela in Mochudi have not say in the tribe’s asserts in Moruleng. “Since when have they been part of us? Who funded them before?” asked Pilane.
He said in the past, he was only assisting Bakgatla in Botswana because they are related and that no one, Kgafela included, can force Moruleng to disburse funds to Mochudi.