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Kgafela’s sweeping powers confirmed

Kgosi Kgafela II of Bakgatla Ba Ga Kgafela’s marathon battle against Kgosi Nyalala Pilane in Moruleng, South Africa has finally come to an end; and the former is punching his fists in the air as a sign of ‘victory’.

The commission established to investigate challenges engulfing the Bakgatla Ba Ga Kgafela released a report of findings and recommendations which have been blessed by the Premier of North West. In its report the Commission writes that, “On the role of the paramount chief, the power and procedure to appoint a Kgosi, the correct relationship between Kgafela Kgafela II and Kgosi in Moruleng under the Constitution; and the role of the 32 villages in the appointment of Kgosi, we find that according to custom and tradition, Bakgatla Ba Ga Kgafela –  The title “Paramount Chief” is used interchangeable with Kgosi e Kgolo” and “Kgosikgolo”, in present day, the title “Kgosikgolo” is commonly used.”

The commission concludes that both the communities and the royal family of Bakgatla Ba Ga Kgafela in Mochudi and Moruleng have historically recognized the institution of Kgosikgolo with jurisdiction in Mochudi and Moruleng. “Both the communities and the royal family in Mochudi and Moruleng have historically recognized the seniority of Kgosikgolo to Kgosi in Mochudi and Moruleng. Kgosikgolo selects the Kgosi in Mochudi, Botswana and in Moruleng, Saulpoort. He has the power to remove the Kgosi.”

Both the communities and the royal family in Mochudi and Moruleng have historically recognized the power of Kgosikgolo to select a Kgosi for each of the two communities. There is no prescribed procedure for the selection of a Kgosi in Moruleng. Kgosikgolo may, at his discretion, consult members of the royal family and or other persons as he may determine.

According to the findings of the Commission, “A Kgosi may only be removed in circumstances provided for in sec 14 of the NW Act. If Kgosikgolo wishes to remove Kgosi from office, he can only do so in accordance with section 14 (1). Kgosikgolo plays no role in the administration of the affairs of the community in both Mochudi and Moruleng. The administration of both communities is the province of the Kgosi in both communities.”

The report emphasizes that in Moruleng, Kgosikgolo becomes involved with administrative matters only upon the invitation of the Kgosi, the Royal Family or the community. He does not, of his own accord, become involved in matters that fall within the province of the Kgosi.
“Kgosikgolo has no legal standing to be involved in the discharge of the functions of the Kgosi in terms of the NW Act.

As the senior leader in terms of custom and tradition, he may act at the request of the community, but in doing so, may not assume the functions reserved for Kgosi by the NW Act and the Framework Act. Any involvement in matters which fall within the province of the Kgosi must be with the consent or acquiescence of the Kgosi, provided that it does not result in a degration of the powers and functions of the Kgosi,” reads the report.

According to the report, the NW Act recognizes the State’s duty to “respect, protect and promote the institution of traditional leadership in accordance with the dictates of democracy in South Africa”. “BBK in Moruleng have historically elected to be governed by a system that recognizes the institution of Kgosikgolo, his status as a senior Kgosi and his role to select a Kgosi. The State has a duty to uphold this choice of Bakgatla Ba Ga Kgafela of Moruleng. This does not offend the Constitution and is consistent with the constitutional recognition of protection of customary law and its leadership structures.”  

The report by the Premier also points out that the 32 villages in Moruleng do not play any role in selecting or officiating the appointment of the Kgosi in Moruleng. Addressing the merits and demerits of Mr Merafhe Ramono’s claim to chieftainship in Moruleng, the commission established that “historically, Bogosi in Moruleng has not been hereditary. Kgosikgolon in Mochudi selected the Kgosi in Moruleng. This was the case with Kgosi Ramono I, selected by Kgosi Linchwe I; and was the case with Kgosi Tidimane, selected by Kgosi Molefi I. it was also the case with current Kgosi Pilane who was selected by Kgosi Linchwe II.” The report notes that all dikgosi in Moruleng were selected from the royal family.

The report further notes, “the rightful heir to Bogosi in Moruleng would have been whoever Kgosikgolo selected in accordance with practice and custom at the time. We are therefore unable to identify the person that Kgosikgolo would have identified “had Kgosi Tidimane not acted in the manner that he did” of seeking to appoint his eldest son Merafe Ramono.”  The report concludes that Merafe Ramono has no rightful or natural claim to bogosi by virtue of the fact that he is the eldest son of Kgosi Tidimane.

Further enunciating on the role of the kgosi in Moruleng the report notes that Kgosi Pilane is singularly involved with commercial activities conducted on behalf of or in the name of Bakgatla Ba Ga Kgafela. This includes financial matters related to or arising from transactions with third parties. “Of members of the Traditional Council, Kgosi Pilane has chosen to involve only Mr Kagiso Pilane, his nephew, in matters relating to commercial transactions with third parties,” reads the report.

It states that Kgosi Pilane does not meaningfully consult with or seek the approval of the community in transactions with third parties, including application of monies deriving from transactions with third parties. Kgosi Pilane has also established or authorized the establishment of a web of companies to conduct business on behalf of or in the name of Bakgatla Ba Ga Kgafela, persons involved in the companies only report to Kgosi Pilane. Kgosi Pilane does not report or account to the Traditional Council about the activities of the companies; neither does he report or account to the community, says the report.

According to the report filed with the Premier and approved by the same office, Kgosi Pilane has failed to take any steps to resolve complaints of financial maladministration against him. “Bakgatla Ba Ga Kgafela have, under the leadership of Kgosi Pilane, concluded significant commercial transactions relating to their natural resources, the minerals in particular. From these, they earned significant income and hold assets with great financial value.”  

However it was established that the 32 villages have no meaningful involvement in decisions to acquire interests or to invest in commercial entities. “Decisions to acquire and to invest are primarily made by Kgosi Pilane. It was also established that none of the income earned from significant transactions with third parties has been paid into the account administered by government as prescribed by sec 30 of the NW Act.”

It has been revealed further that Bakgatla Ba Ga Kgafela have not been granted authorization to operate a trust account  and to pay into such an account monies earned from transactions with third parties as prescribed by the Act. It has emerged that Bakgatla Ba Ga Kgafela invested money in excess of R900 million without seeking or being granted authorization by the Premier to invest surplus funds as required by the NW Act. Furthermore the accounts and the financial statements of Bakgatla Ba Ga Kgafela have never been audited by the Auditor General as prescribed by the Act.

The report by the commission has recommended a forensic investigation to conduct a comprehensive investigation of transactions and the financial affairs of the Traditional Council and its companies. It has also recommended that the Premier use his powers to appoint a person to manage the affairs of the Traditional Council.

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Gov’t shy to shame failing ministers

22nd February 2021
Morwaeng

Minister of Presidential Affairs, Governance and Public Administration, Kabo Morwaeng together with Permanent Secretary to the President (PSP) Elias Magosi, this week refused to name and shame the worst performing Ministries and to disclose the best performing Ministries since beginning of 12th parliament including the main reasons for underperformance.

Of late there have been a litany of complaints from both ends of the aisle with cabinet members accused of providing parliament with unsatisfactory responses to the questions posed. In fact for some Botswana Democratic Party (BDP) backbenchers a meeting with the ministers and party leadership is overdue to address their complaints. Jwaneng-Mabutsane MP, Mephato Reatile is also not happy with ministers’ performance.

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Bokamoso, Gov’t in P10M womb removal suit

22nd February 2021
Bokamoso

Bokamoso Private Hospital is battling a P10 million legal suit for a botched fibroids operation which resulted in a woman losing an entire womb and her prospects of bearing children left at zero.

The same suit has also befallen the Attorney General of Botswana who is representing the Ministry of Health and Wellness for their contributory negligence of having the unlawful removal of a patient, Goitsemang Magetse’s womb.

According to the court papers, Magetse says that sometimes in November 2019, she was diagnosed with fibroids at Marina Hospital where upon she was referred to Bokamoso Private Hospital to schedule an appointment for an operation to remove the fibroids, which she did.

Magetse continues that at the instance of one Dr Li Wang, the surgeon who performed the operation, and unknown to her, an operation to remove her whole womb was conducted instead.
According to Magetse, it was only through a Marina Hospital regular check-up that she got to learn that her whole womb has been removed.

“At the while she was under the belief that only her fibroids have been removed. By doing so, the hospital has subjected itself to some serious delictual liability in that it performed a serious and life changing operation on patient who was under the belief that she was doing a completely different operation altogether. It thus came as a shock when our client learnt that her womb had been removed, without her consent,” said Magetse’s legal representatives, Kanjabanga and Associates in their summons.

The letter further says, “this is an infringement of our client‘s rights and this infringement has dire consequences on her to the extent that she can never bear children again”. ‘It is our instruction therefore, to claim as we hereby do, damages in the sum of BWP 10,000,000 (ten million Pula) for unlawful removal of client’s womb,” reads Kanjabanga Attorneys’ papers. The defendants are yet to respond to the plaintiff’s papers.

What are fibroids?

Fibroids are tumors made of smooth muscle cells and fibrous connective tissue. They develop in the uterus. It is estimated that 70 to 80 percent of women will develop fibroids in their lifetime — however, not everyone will develop symptoms or require treatment.

The most important characteristic of fibroids is that they’re almost always benign, or noncancerous. That said, some fibroids begin as cancer — but benign fibroids can’t become cancer. Cancerous fibroids are very rare. Because of this fact, it’s reasonable for women without symptoms to opt for observation rather than treatment.

Studies show that fibroids grow at different rates, even when a woman has more than one. They can range from the size of a pea to (occasionally) the size of a watermelon. Even if fibroids grow that large, we offer timely and effective treatment to provide relief.

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Masisi warned against a sinking Botswana

22nd February 2021
Ndaba GAolatlhe

The Alliance for Progressives (AP) President Ndaba Gaolathe has said that despite major accolades that Botswana continues to receive internationally with regard to the state of economy, the prospects for the future are imperilled.

Delivering his party Annual Policy Statement on Thursday, Gaolathe indicated that Botswana is in a state of do or die, and that the country’s economy is on a sick bed. With a major concern for poverty, Gaolathe pointed out that almost half of Botswana’s people are ravaged by or are about to sink into poverty.  “Our young people have lost the fire to dream about what they could become,” he said.

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