The Bakgatla-Ba-Kgafela’s legal battle over who is the rightful heir to the throne is far from over.
This comes as the group defending the expelled chief, Nyalala Pilane, opposes the court’s decision to remove him.
On February 17, the North West High Court declared that Pilane was not the proper chief for the throne.
This was a month after North West premier Lazarus Mokgosi reinstalled Pilane and removed acting chief Ramono Pilane Linchwe.
This allegedly caused widespread tension within the tribe, with some in all 32 villages of Bakgatla-Ba-Kgafela in Moruleng, North West, supporting Pilane and others throwing their weight behind Kgosi Kgolo Kgafela in Botswana.
Royal family an appeal
The spokesperson for the Bakgatla-Ba-Kgafela royal family in Moruleng, Morena Segale Pilane, said it was deeply concerned and surprised by the Mahikeng High Court’s interim ruling that favours Ramono Linchwe.
“He is a foreign national. This ruling appears to undermine the constitutional recognition of traditional leadership as outlined in Section 211 of the constitution, which asserts that the status and role of traditional leadership, as per customary law, must be recognised, subject to the constitution,” Segale Pilane said.
He said the royal family has instructed its legal team to urgently appeal the decision.
“We view the ruling as an attack on our sovereignty, identity, and constitutional rights, and we are committed to defending these rights all the way to the Constitutional Court, if necessary.
“We reaffirm our position as the legitimate royal family with the exclusive authority to identify and remove a kgosi [king] in Moruleng, North West province.”
The family has also called on the Department of Home Affairs to provide clarity on how Kgafela Kgafela — who it called a “fugitive from justice with an outstanding arrest warrant in Botswana” — was able to acquire a South African identity document.
Another interdict being prepared
Meanwhile, Kgosi Kgolo Kgafela Kgafela ll has launched a scathing attack on North West premier Lazarus Mokgosi and the ANC, claiming that Mokgosi’s decision to reinstate the current Bakgatla chief in Moruleng, Nyalala Pilane, violated tribal traditions.
Kgafela said this last Thursday in an online forum where he addressed what he referred to as his tribe.
Kgafela said that while he is pleased with the court judgment, he intends to submit another interdict, this time at the Supreme Court, since he wants Pilane and those he refers to as mafias to repay Bakgatla’s money.
He said the reinstatement of Pilane happened despite a royal family instruction and court ruling that his uncle Linchwe must take back his position as acting chief.
Linchwe took over after Kgafela’s son, Matshego Kgafela, initially declined the offer.
The move has prompted controversy, with Kgafela threatening legal action and claiming political influence from the ANC.
“There are four interdicts as we speak against John Pilane, all of which they violate with impunity because they have the support of the ANC.
“They [the government] have expelled me from my village and expropriated my throne to give it to John Pilane,” he said.
ANC blamed for causing division
He said the Bakgatla money had been used to bribe people who in turn brought divisions within the tribe.
“From the top families to the ordinary man on the streets, ANC divides us. This is a tragedy that I wish to share with you after the premier reinstated John Pilane, the commander in chief of the South African defence force, who deployed its troops to Moruleng to give support to Pilane.
“They are occupying my village without my permission and causing a lot of anxiety amongst the tribe.”
He said he was preparing an urgent application to the Constitutional Court seeking relief that he says will end all the disputes within the Bakgatla-Ba-Kgafela.
