Bakgatla Ba Kgafela's Kgosi Nyalala Pilane and one of his nephews Kagiso Pilane, the traditional council and royal family have succeeded in overturning the findings of the commission of inquiry set up by then North West premier Supra Mahumapelo in 2016.
Image: Picture: Simphiwe Mbokazi / Independent Newspapers
THE findings of the commission of inquiry into traditional leadership disputes in four communities in the North West have been set aside by the province’s high court.
North West High Court Judge Andrew Reddy overturned the commission’s findings affecting the Bakgatla Ba Kgafela, Batlhala Ba Leema and Bapo I & II communities.
Former premier Supra Mahumapelo established the commission, which was chaired by Advocate Sesi Baloyi SC in 2016, to investigate traditional succession disputes and claims around the four communities.
In relation to the Bakgatla Ba Kgafela, the commission, in its August 2019 report, recommended that Mahumapelo’s successor Prof. Job Mokgoro instruct Kgosi Nyalala Pilane and his nephew Kagiso Pilane to resign from all positions that he holds in the community and associate entities within 30 calendar days but a period not exceeding 60 calendar days.
Mokgoro, who held the position until August 2021, was also informed that he should instruct members of the traditional council to convene a meeting of the community for the purpose of appointing persons that will represent the community in Bakgatla Ba Kgafela and associate companies but not to include Kgosi Pilane.
As a result of the findings, in July 2020, Kgosi Pilane’s certificate of recognition was withdrawn and Kgosi Ramano Pilane Linchwe recognised as an interim Kgosi. Kgosikgolo Kgafela Kgafela II, the supreme monarch who rules over both sections of Bakgatla Ba Kgafela community in Botswana and South Africa, agreed that Kgosi Linchwe would act as Kgosi on a temporary basis.
All the villages that make up the Bakgatla Ba Kgafela traditional community in South Africa recognise Kgosikgolo, Kgafela Kgafela II as their traditional leader, who lives in Mochudi.
Kgosi Pilane is his deputy based in Moruleng in the North West, which is also the headquarters of the traditional council and administers the community’s affairs in South Africa on behalf of Kgosikgolo.
However, Kgosi Pilane, the traditional council, the royal family and Kagiso Pilane took the report on the review, asking the high court to declare that the commission’s findings and recommendations, in so far as they relate to the Bakgatla Ba Kgafela, as irrational, unlawful, unconstitutional and invalid.
They also sought to review and set aside the commission’s findings and recommendations and declare that the premier’s decision in August 2019 to accept or approve the recommendations in so far as they related to the Bakgatla Ba Kgafela is irrational, unlawful, unconstitutional and invalid. In addition, they also wanted the premier’s decision reviewed and set aside.
Judge Reddy earlier this month ordered the commission’s findings and recommendations to be irrational, unlawful, unconstitutional, and invalid and reviewed and set them aside including, the premier’s acceptance or approval.
Brian Setswambung, head of communications at the Office of the Premier in the North West, said they had noted the judgment and that it is being studied with a view to considering its options based on a number of developments surrounding the matter.
The community has investments worth billions of Rand that are managed by Bakgatla Ba Kgafela Investment Holdings including in exploration and processing of their natural resources and also owns the land on which the Sun City resort is built.
loyiso.sidimba@inl.co.za