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Kgafela summons SA’s North West Premier for action

Self exiled Kgosi Kgolo Kgafela II of the Bakgatla baga Kgafela has this week filed a notice of motion as an urgent application in South Africa requesting for an order declaring the Premier to implement the findings and recommendations of the Baloyi Commission.


The Commission was established by former Premier, Supra Mahumapelo in 2016 to probe the succession dispute of Bakgatla Ba Kgafela in Moruleng. The assignment is now in the hands of new North West Premier Tebogo Mokgoro, who was appointed to the position in June 2018.  The Commission report essentially vindicated Kgosi Kgafela as the rightful ruler and BaKgatla’s grievances over former Chief’s Representative Nyalala Molefe Pilane’s handling of BaKgatla’s assets and traditional affairs.

It came after Pilane questioned Kgafela II’s legitimacy as a ruler in the traditional succession dispute and claims in respect of Bakgatla Baga Kgafela in Moruleng, South Africa. According to the Commission, the correct relationship between Kgosikgolo Kgafela Kgafela and Kgosi in Saulspoort is as prescribed by custom and tradition and report confirmed Kgafela as the senior leader of Kgosi Pilane.

In the papers filed on Monday, Kgafela wants the court to declare the application to be attended to as a matter of urgency and direct the current Premier of North West and organs of State cited “to give urgent effect to the Baloyi Judicial Commission report (under question).”
He added that the court should also order consultations with the applicants on issues concerning the implementation of the findings and recommendations of the Baloyi Commission report on a quarterly basis and submit progress reports to this Honourable court and applicants.
Among his array of demands, he urges court to order the Premier to comply and implement the order of mandamus of the court order.

Kgafela also demands court to “direct that the Premier should act in terms of section 9(3) and 10(2) of Act 2 of 2005 to urgently appoint an administrator to take over the affairs of the Traditional Council.” In addition to that he wants the Judge to also direct the Premier to appoint forensic investigators to, inter alia, conduct a comprehensive investigation in to the flow of funds from transaction with third parties, including transactions conducted by Bakgatla baga Kgafela entities and flow of any finances in and out of the entities, and further conduct forensic investigation in terms of the Commission’s findings and recommendations.

“Also want court to direct the Premier to withdraw Molefe John Pilane’s letter of designation as Kgosi and publish the notice of withdrawal in the Gazette, inform the Royal family concerned, the Kgosi concerned and the Provincial House of traditional leaders of such removal,” he continued. Moreover he says Mpule David Pheto should be recognized as an acting Kgosi of Bakgatla baga Kgafela in terms of section 16 (2) of Act 2 of 2005 and accordingly; issue Mpule David Pheto with a certificate of recognition as acting Kgosi and issue a notice in the provincial Gazette of the North West Province recognizing him as such and serve such notice at the provincial House of traditional leaders.

The array of demands by Kgafela follows the Commission of Inquiry which has ruled that Kgosikgolo does not become involved in the administration of the community but gets involved only at the request and invitation of the community, the royal family or Kgosi. It has also stated that “the Premier must exercise his powers in terms of sec 9(3) of the North West Act to -instruct Kgosi Pilane to resign from all positions that he holds in Bakgatla baga Kgafela and associate entities within 30 calendar days of the instruction from the Premier, or such other longer time as the Premier may consider but not exceeding 60 calendar days.”

The Commission had also Instructed Kagiso Pilane to resign from all positions that he holds in Bakgatla baga Kgafela and associate entities within 30 calendar days of the instruction from the Premier, or such other longer time as the Premier may consider but not exceeding 60 calendar days. Moreover report further posits: “instruct members of the Traditional Council (TC) to convene a meeting of the community for the purpose of appointing persons that will represent the community in Bakgatla baga Kgafela and associate companies, such persons are not to include Kgosi Pilane.”

The Commission stressed that the Traditional Council should also be required to report its choice to the Premier within 60 days of the instruction. Meanwhile as per the Commission of Inquiry, Pilane has failed to report back to the Bakgatla community, and has deposited money in numerous unauthorised accounts and refused to make these accounts public so they can be audited.

Despite calls by the Bakgatla for intervention, the North West government has until now stood by and watched as the community has been stripped of their assets, it points out. It concluded: “It is time for the North West government to uphold the commission’s recommendations to prevent such large-scale abuse of power from happening again.”

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Moitoi’s application follows the Secretary-General’s launch of the third edition of the Global Call for Heads and Deputy Heads of United Nations Field Missions, which aims to expand the pool of candidates for the positions of SRSG) and their deputies to advance gender parity and geographical diversity at the most senior leadership level in the field. These mission leadership positions are graded at the Under-Secretary-General and Assistant Secretary-General levels.

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