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.”
A heartfelt message of good wishes from Minister Mmusi Kgafela to his self-exiled brother and Bakgatla paramount chief, Kgafela Kgafela II, this week urged the latter to consider calls for his return to Botswana to visit his tribe and family.
“On behalf of our father’s people, your people, I wish to inform you that Bakgatla are thinking of you, and they miss you dearly. They request that you should find time to visit them. Please come to Botswana to spend some time with them, to see and greet them,” said Mmusi as part of his 50 years birthday message to Kgafela Kgafela II, who has vowed never to set foot in Botswana.
However, Mmusi Kgafela did not shed light on how his brother will deal with the arrest warrant, which triggers once he sets foot in Botswana.
The Bakgatla Kgosikgolo, who went on a self-imposed exile in 2012 to South Africa, faces a decade-old-plus warrant of arrest issued by the Village magistrate court after his non-appearance in Court over criminal charges relating to flogging of his subjects. Kgafela described the charges as ‘political persecution’ before jetting out to his second home in South Africa, Moruleng, where he is also a Chief.
Asked over his views on the complications around the warrant of arrest, Mmusi, a lawyer by training, said, “what people need to understand is that a warrant of arrest is not a prison sentence.”
He continued: “There is a need for reconciliation and discussions to put all these issues behind us. We need to move on. What I have also realized is that the state is not keen on pursuing the matter as they have not sought his extradition,” he said.
In 2017, the then Minister of Defence, Justice, and Security, Shaw Kgathi, told Parliament that the arrest warrant issued against Bakgatla Kgosi-kgolo is still valid.
“….because a Court order once issued remains valid and enforceable unless it is rescinded by the Court that issued it, in this case being Village Magistrate Court. It may also be revoked by a higher court being the High Court or the Court of Appeal,” Kgathi said.
As things stand, the Government will arrest Bakgatla Kgosi Kgafela II if he crosses over to Botswana, Parliament heard.
Kgathi responded to a question by the then Mochudi West Member of Parliament, Gilbert Mangole, who wanted to know if the arrest warrant imposed on Kgafela was still valid. Further, he wanted clarity on what it would take for the Government to trigger the removal of the warrant to enable Kgosi to visit his tribe in Botswana if he so wishes.
Could Mmusi be under pressure to facilitate Kgafela’s return?
Although Mmusi denies the claim, some royal sources opine that he (Mmusi) is under pressure to help President Dr. Mokgweetsi Masisi fulfill his 2019 electoral campaign pledge to the tribe. The President had pledged that he would “not rest until their chief, Kgosi Kgafela Kgafela II, is back home.”
Mmusi, however, says Masisi has not personally engaged him on Kgafela.
Kgafela’s former lawyer, Advocate Sydney Pilane, has in the past told this publication that he suspects that as the leader of the BDP, President Masisi hopes that if he brings Kgosi Kgafela back, BaKgatla may be grateful to the BDP, and benefits might accrue in consequence.
While Mmusi says the matter will need to be discussed and dealt with, private attorney Kgosiitsile Ngakaagae who was prosecuting Kgafela, warned that there is nothing to address or facilitate.
“There is no need for political intervention. Kgosi Kgafela is officially a fugitive from Justice. It’s for the Directorate of Public Prosecutions (DPP) to issue a nolle prosequi (we shall no longer prosecute) to enable his return. Constitutionally the DPP cannot be dictated to by politicians. The matter is beyond the President unless he violates the DPP’s constitutional mandate,” charged Ngakaagae.
“An arrest is intended to bring someone to Court. Secondly, a party who has become aware that a warrant has been issued against them can apply to Court before it is implemented for it to be discharged.”
The only option for the state currently, which the state is reluctant to pursue, is to drop the charges and withdraw the warrant of arrest or decide on a deliberate non-enforcement of the warrant, according to lawyers who spoke to this publication.
In South Africa, President Cyril Ramaphosa recently told his parliament that the deployment of his army to Mozambique had cost close to a billion rand, with the exact figure placed at R984,368, 057. On the other hand, the Botswana government is yet to say a word on their budget concerning the deployment.
In his National Assembly report tabled last week Tuesday, Ramaphosa said:
“This serves to inform the National Assembly that I have authorized the employment of 1,495 members of the South African National Defence Force (SANDF) for service in fulfillment of an international obligation towards SADC, to assist Mozambique combat acts of terrorism and violent extremists in the Caba Delgado province. This deployment had cost close to a billion rand, with the exact figure placed at R984,368,057.”
The soldiers, he said, are expected to remain there for the next three months.
Botswana, however, is yet to publicize its expenditure. Asked by this publication over why they have not and whether they will, the Minister of Defence, Justice, and Security, Kagiso Mmusi, said they would when the time is right.
“As you may be aware, nobody planned for this. It was not budgeted for. We had to take our BDF resources to Mozambique, and we are still doing our calculations. We also need to replace what we took from the BDF to Mozambique,” he said.
This week, President Dr. Mokgweetsi Masisi revealed that the Southern African Development Community (SADC) and the Botswana government would share the sustainment of the Mozambique military combat deployment. SADC has given Botswana its share to use according to its needs.
The costs in such deployments are typically categorized into three parts-boots on the ground or handling the system, equipment, and operational sustenance logistics.
It is unknown how much combat pay, danger pay, or sustenance allowance the soldiers will get upon return. However, President Masisi has assured the soldiers that they will get their money.
Masisi has said deployment comes when the country is faced with economic challenges that have been exacerbated to a great extent by the COVID-19 Pandemic, which is inflicting enormous health, financial, and social damage to all nations.
Botswana has sent 296 soldiers who left on Monday to Mozambique to join the SADC standby force.
Parliament fumes over being snubbed
In the 1994 Lesotho mission, the Botswana Parliament was engaged after the soldiers were long deployed. A repeat of history this week saw members of parliament grilling the executive over snubbing parliament and keeping it in the dark about the Mozambique military deployment.
Zimbabwe pledges 304 soldiers
Meanwhile, Zimbabwe has pledged 304 soldiers to the SADC Standby Force Mission in Mozambique to train an infantry battalion-size unit at a time, Defence and War Veterans Affairs Minister Oppah Muchinguri-Kashiri has said.
In a statement to journalists, Minister Muchinguri-Kashiri said the contingent would consist of 303 instructors and one specialist officer to coordinate the SADC Force Headquarters in Maputo.
Minister Muchinguri-Kashiri said that in terms of Section 214 of the Constitution of Zimbabwe, Parliament would be informed accordingly.
During the Extraordinary Summit of the 16-member regional bloc held in Maputo, Mozambique, last month, member states resolved to deploy a force to help Mozambique contain insurgency in its northern provinces where terrorists have left a trail of destruction that also threatens regional peace.
Former director general of the Directorate of Intelligence Service, Isaac Kgosi has been awarded doctorate in International and Diplomatic Studies by a Slovenian institution-New University after successfully defending his doctoral dissertation last year.
The institution‘s website shows that in February 2020 Kgosi defended his dissertation titled ‘Southern African Development Community [SADC] Diplomatic Conflict Management Response for Enhancing Human Security: The Case of Mozambique.’
“Faculty of government and European Studies hereby certifies that Seabelo Isaac Kgosi born in Francistown, on 15th December 1958 completed all obligations of the international and Diplomatic Studies doctoral programme on March 22,2021. On these grounds the Faculty of Government and European Studies is conferring upon him the scientific title of Doctor of Science in International and Diplomatic Studies, abbr:PhD,” reads the institution’s conferment certificate dated O6 July 2021.
Kgosi’s thesis was a study of SADC’s mediation and diplomacy in the Mozambican conflict that is mainly between the ruling Front for the Liberation of Mozambique (Frelimo) government and forces of the National Resistance (Renamo) that was once mediated by the late former president Sir Ketumile Masire in 2016 when it re-emerged after a revival by Renamo in 2012, driven by several grievances including allegations of economic marginalisation, regional economic imbalances and breach of the 1992 Rome General Peace Accords which had ended the post-independence civil war fought from 1977 to 1992. The escalation of conflict in Mozambique in early 2016 resulted in displacement of citizens in affected areas whilst thousands of people crossed the borders into Malawi and eastern Zimbabwe as refugees.
Efforts to search for and locate the document were unsuccessful at the time of going for press.
Kgosi’s curriculum vitae suggests that he has a Diploma in Mechanical Engineering and a Masters in Intelligence and Security obtained from Brunel University, a public research university located in Uxbridge, West London, United Kingdom. The latter qualification was obtained in 2007.
It is not yet known on whether Kgosi will use his qualifications to seek employment locally or internationally, or will decide to open a consultancy firm in line with his experience and academic achievements once the dust surrounding him goes way.
The former spy chief is currently fighting to clear his name in a series of cases against the state, which accuses him of owing the tax man, capturing images of the intelligence agents, as well as their identity between the 18th and 25th February 2019 as well as the identity cards of the officers engaged in a covert operation of the DIS. He is also accused of instructing Bank of Botswana (BoB) to open three bank accounts that were used to loot public funds amounting to over P100 billion together with former president Lt Gen Ian Khama.
Kgosi has countered on all the cases demanding the evidence which links him to the crimes levelled against him, all of which the state is currently struggling to submit before the courts. The state has lost and appealed the photographs case while the P100 billion case has been described as a big lie by various institutions.