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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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Africa continues to be a violent continent for journalists

12th May 2021
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COVID-19 has been identified as a burning factor fuelling the use of force to prevent journalists from working in Africa. This was said by Reporters without Borders in its 2021 World Press Freedom Index, indicating that although there was less deterioration in Africa’s “Abuses” score, it continues to be the most violent continent for journalists.

The 2021 Index shows that journalism, the main vaccine against disinformation, is completely or partly blocked in 73% of the 180 countries ranked by the organisation. The data reflects a dramatic deterioration in people’s access to information and an increase in obstacles to news coverage, further showing that journalists are finding it increasingly hard to investigate and report sensitive stories, especially in Africa, Asia and Europe.

After a wave of liberalisation in the 1990s in Senegal, Eritrea and Djibouti, press freedom violations are now only too common. They include arbitrary censorship, especially on the internet (by means of ad hoc internet cuts in some countries), arrests of journalists on the ground of combatting cybercrime, fake news or terrorism, and acts of violence against media personnel that usually go completely unpublished.

Reporters without Borders say respect for press freedom is still largely dependent on the political and financial influence that undermines their independence. For the most part, it says, State-owned media still tend to be governmental mouthpieces or propaganda tools and have a long way to go before they become independent public service media reflecting a wide range of opinion.

On the pretext of combatting disinformation and hate speech, many countries in Africa have adopted new laws in recent years with vague and draconian provisions that can easily be used to gag journalists.

It has been said that an increase in online attacks is another disturbing phenomenon making Africa a bad space for journalists in this era. These attacks are often by trolls close or directly linked to the government that are designed to discredit or intimidate journalists.

The report by Reporters without Borders show that African journalists were hit hard by the Coronavirus in 2020, suffering three times as many attacks and arrests from 15 March to 15 May as during the same period the year before.

Ranked number 38 globally, Botswana’s press freedom violations are said to have declined since President Mokgweetsi Masisi took over. Masisi, according to Reporters without Borders, has given at least frequent press conferences, unlike Ian Khama, who gave none.

Nonetheless, there is still no law on access to information, which journalists have long been demanding. The few privately-owned newspapers depend on advertising that they may or may not receive from the State.

Three years after taking office, Masisi has yet to keep his promise to revise draconian laws such as the 2008 Media Practitioners Act, which restricts their freedom to inform, journalists say, and the law on access to information.

In 2020, Botswana saw journalists being arrested and detained at holding cells by State security spies while on duty. The said journalists were interrogated, and their gadgets confiscated. Prior to that, one female journalist was ambushed by security officers at her home.

Even though Namibia has been doing well in protecting and giving journalists freedom since 2019, in 2020 several reporters were briefly arrested and some given warnings after putting a question to the President, and many media outlets were barred from government press conferences about the Coronavirus crisis.

It was against this background that a Namibian journalists’ union was formed in 2021, the first since the country became independent. Namibia is ranked number 23 in this year’s Press Freedom Index, becoming one of the countries in Africa doing well in respecting journalists.

In Ghana, a group of investigative journalists had to spend part of 2018 in hiding after producing a documentary about corruption in Ghanaian soccer. A ruling party parliamentarian who had been named in the documentary publicly threatened one of the journalists without ever being arrested or questioned.

According to Reporters without Borders, the journalist was shot dead in the street a few months later. Investigative reporters are often threatened even though journalists are rarely arrested. It was reported that, most cases of police aggression against journalists go unpublished but timid attempts have been made to combat this impunity.

South Africa’s 1996 constitution protects press freedom, but the State security agency spies on some journalists and taps their phones. Others are harassed and subjected to intimidation campaigns if they try to cover certain subjects involving the ruling African National Congress (ANC), government finances, the redistribution of land to the black population or corruption.

The opposition party in South Africa, Economic Freedom Fighters (EFF), led by Julius Malema was given a high court warning in 2019 because of its invective and hate speech against journalists. In 2020, the COVID-19 crisis did not spare journalism in South Africa.

Rubber bullets were fired at a reporter covering compliance with lockdown measures and a community newspaper editor even had to flee abroad after being threatened by the police for covering a lockdown-related story, RWB said.

The Djibouti 1992 Freedom of Communication Law is itself is an obstacle to free speech and media pluralism. It provides for jail terms for media offences and imposes age and nationality restrictions on those who can create a media outlet. In terms of media freedom, Djibouti is ranked 176th, 5th position from the lowest bottom.

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BFTU slaps Masisi with fierce demands

12th May 2021
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Botswana Federation of Trade Unions (BFTU) last week, during Labour Day, put forward sturdy demands to President Mokgweetsi Masisi and calling for government to act upon them promptly.

Following these celebrations over the weekend, BFTU presented demands for decent work and sustainable development to government.

In fact, the Union is advocating for a new social contract in which employee’s welfare, rights and social protection as well as the need for inclusion occupy centre space.

“On behalf of the labour movement in general, factors in our own midst which still inhibit taking everyone along, include the absence in our country, of a mandatory and genuinely national tripartite framework where both employer organizations and trade unions along with government can ventilate their concerns and any apparent demands for a better life for their members and improved working environment.”

Against this background, BFTU submitted that workers cannot be said to be represented when their view is not considered mandatory. Thus, BFTU argues, existing structures such as the Labour Advisory Board, NEMIC and HLCC are merely volitional in effect.

Consequent to the practice of acting alone many employers, probably emulating government are bent on frustrating transparency and good faith engagement in the workplace, BFTU said. In most cases employees still find it hard to form and belong to trade unions without fear of reprisal by employers nor are employers keen to grant the institutionalization of Work or Industrial Councils in order to freely share and exchange information for amicable resolution of disputes.

“It must be mandatory for employers to disclose to employee representatives all the relevant information including financial, which would assist employees in their bargaining with the employers. In spite of this we are aware of many unscrupulous employers who withhold such critical information under different pretexts.”

BFTU further indicated that the Department of Labour and Social Security remains seriously under resourced to dispose labour disputes lodged with them, and to ensure regular labour inspections and compliance with relevant labour laws.

Furthermore, the absence of an integrated national social security policy with many and scattered policy administrators goes to show how far Botswana is in meeting those deserving of the social protection assistance despite trade union’s shared pledge not to leave anyone behind, BFTU said at the commemoration of May Day.

The Union, urged government to consider introducing the National Occupation Pension Fund so as to assist those employees who find themselves in the lurch because of automation or other unforeseen factors resulting in job loss.

“We further demand a reviewing of laws and provisions relating to insolvency and or liquidation to protect employees. It is the Federations considered view that social dialogue in the present dispensation is merely cosmetic and incapable of fully aiding the implementation of the SDGs and ensuring we leave no one behind.”

“We therefore propose that a National Tripartite Council Policy Forum be set up which will involve government, employer organizations and trade unions to duly reflect on the social and economic challenges affecting the nation and accordingly make recommendations.”

BFTU expressed satisfaction in the reassurance by President Mokgweetsi Masisi that a Constitutional Review is forthcoming.

“Critical among the issues that come to mind speaking of the review is the autonomy of Parliament especially the amendment of section 90 and 91 which relate to the ability of Parliament managing its own affairs and the power to dissolve parliament which is currently vested in the person of the President.”

Ten years ago, Botswana rose to an awakening when 90 000 public sector employees took to the streets after negotiations with their employer, government, reached hard point and collapsed. The effect was a strike that was to impact on the industrial relations landscape in a manner that was unprecedented.

BFTU says the strike knocked some sense in those who underrated the power of workers’ unity and the effectiveness of industrial action as tools for bargaining with employers and the powers that be. Learning at a cost, BFTU acknowledges that consultation and workers’ education including on the processes of the strike are very critical.

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Is Ralotsia a DIS target?

12th May 2021
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Hell broke loose back in 2018 when Botswana Television (Btv) Broadcasting Officer, Gaolaolwe Ralotsia, son to former cabinet Minister, Patrick Ralotsia, started to make sound statements and reported the rampant corruption happening at the National Broadcaster spearheaded by a cabal of procurement officers.

Ralotsia’s actions have put him in trouble with the mob which is working in cohorts with intelligence agents in covert operations, according to information gathered by this publication.

Tragic or coincidence, fast forward 2018, Ralotsia’s workstation computer, a government Central Processing Unit (CPU) black in colour went missing in what is alleged to be the work of Directorate of Intelligence and Security (DIS) covert operations.

The computer was reported at Gaborone West Police Station and WeekendPost is in possession of an abstract from the police record involving burglary and theft and or loss dated 09/10/2018. Up to date there has never been any arrest and the case is still under investigations at least according to the document.

This is despite the fact that Ralotsia who has now become DIS ‘prey’ has his life under illegal surveillance.

Early last year, the National Health Lab in Gaborone through a report which was sanctioned by the Directorate of Corruption and Economic Crime (DCEC) confirmed his worst fears that there were attempts to poison him.

Two samples being a supposedly PET coke bottled and a plastic bag containing apparently home baked scones were presented. The scope was to attempt to determine if there is a case for worry of malicious or criminal poisoning.

In view of these suspicions, samples were treated as potentially hazardous and handled with utmost care. A series of microbiological and chemical rudimentary tests was devised since there is no cheap and widely available method.

According to the report, due to the nature of the work, the work is being done in utmost confidentiality and this reduces the progress and hampers the sourcing of some needed materials without suspicion. Thus progress was and is extremely slow.

In conclusion the report in view of the results from the spectrophotometry and the refractometer reading, they are convinced to a large extent that the supplied specimens were deliberately contaminated with ethylene glycol or related compounds, also called glycol which is the main ingredient of a vehicle anti- freeze. It is fairly common and not scent and therefore makes sense as a poison tool in sweet foods or drink.

Glycol mode of poisoning is to induce oxalate crystals in the kidneys leading to irreversible renal failure and ultimately death.

WeekendPost is also in possession of a complaint letter which Ralotsia wrote to The Intelligence and Security Tribunal through the Register of the High Court of Botswana this week. The letter references complaint to grievances by an officer of the Directorate- Peter Magosi.

The letter is addressed to the Chairperson of the Tribunal as detailed in Section 32 (2) of the Intelligence and Security Service Act Chapter 23:02. This according to the author follows months of investigations owing to illegal surveillance, unauthorised access to computer systems and invasion of privacy.

“The DIS has used access previously granted to investigate myself to carry out an illegal systematic monitoring and tapping of my phone calls, communication and general surveillance for personal gain as directed by the Director General Peter Magosi since mid-2018 to date,” the letter said.

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Ralotsia also wrote that the intelligence unit has on several occasions analysed troves of data to form an intimate picture of his life, relationships and movements. He reports that on three occasions, the DIS illegally submitted data gleamed from his personal communications to The Voice newspaper for publication.

“Graphics to that effect had already been prepared,” he stated.

According to Ralotsia, there has been attempts by the DIS to also incriminate him. He says on or around the 16th February 2020, the DIS with the help of some members of Botswana Police Services (BPS) attempted to lure him into a sexual trap and frame him for rape using a certain woman, very close to him who is also their agent.

This came a few months after they tried to plant drugs on him on his trip to Francistown in order to incriminate him.

A divorcé now, Ralotsia also submit that the DIS instigated a feud in his family that ended in his divorce.

“Throughout 2019, the DIS has shared with my ex-wife while still married incriminating sensitive personal data, some of it more than a decade old. A female agent named X (names withheld) was the link. The aftermath subsequently led to our divorce. The DIS continued to use my ex-wife to attempt to entrap me in some form of wrong doing. As such, I have not seen my children in over a year,” he said.

Ralotsia said on or around the end of March 2020, he became aware of successful attempts to clone his sim card by the then his ex-wife with the help of the DIS and an employee of Orange Botswana based in Jwaneng (names withheld).

The man constantly on the run said the DIS also recruited a human resource officer from the Department of Broadcasting Services to copy and deliver to them his file under her custody as an HR officer.

He reports that officers from the spy agency have on numerous occasions gained access to his place of residence, taken pictures, intimidated and at one point kidnapped and threatened the occupants.

“In one incident, four men wielding guns arrived in a white VW Amarok pickup truck. Their threats revolved around my feud with them and an open letter I had written to the President,” he said.

“The DIS mostly uses my mobile devices to keep track of my movements. On the 17th April 2021, I had left all my devices in the boot of a vehicle in Kanye. I had then driven back to Gaborone and stayed indoors. On Tuesday 20th April, just after 1530hrs, my companion was about to leave the house when Peter Magosi driving a silver Jeep registration B 660 AYP arrived at the gate. This was consistent with their modus operandi. She called me out and that is when Peter Magosi panicked and recklessly sped away. There is a picture of his vehicle to that effect.”

Ralotsia also reported Magosi for abuse of office and failure to carry out crime busting duties.

He said on 14th February 2020, he met with Peter Magosi at around 1100hrs. This was just a follow up meeting after numerous telephone communications.

The objective was to brief him about the disappearance of the CPU, the various attempts to cause harm or incriminate him by some of his agents and to report to him in person, the rampant corruption happening at the Mass Media Complex spear headed by one officer (names withheld).

He alleges that after the meeting Magosi used the information he got from him that he is onto them.

“I later discovered that the DIS is nothing but a cess pool of corruption, offering protection to the corrupt elite.”

According to Ralotsia, it is now common for cases involving the DIS not to be dealt with or unfairly dealt with because they have capabilities and willing partners being the BPS to make everything disappear.

“I am however under no illusion that the tribunal will do what is necessary to end this greed of thieving and rule bending by members of the DIS and their friends. I am however prepared to go public with the full details if necessary,” ends the letter.

WeekendPost is also in possession of copies of WhatsApp messages between a DIS agent only known as Jerry and a female known as Phatsimo who is a well-known informant.

The woman asked Jerry about her payment after doing a job for them to incriminate Ralotsia. In one of the messages Jerry is quoted saying, “Hey gorgeous, I will push for your payment. Am on leave but will link you up with someone at the office. Anyways, I still need more information on your guy, these days he seems to have covered his tracks very well, I can’t make a breakthrough on that issue you mentioned, we tried everything even with his computer we couldn’t find anything to prove that” (sic).

In her response Phatsimo wrote; “What more do you need, this has been dragging for too long and am not getting the money I was promised, but I had budgeted for that. Mme kana gone jaana it’s the perfect time to get to him, he just divorced, he is messed up and spends most of the time going to the farm, they are doing all they can to cover up for their motokwane thing. You guys are just too slow, he must be way too ahead of you, that one is too intelligent. But don’t worry I will use my charm to get to him, just tell me what to do and it will be done, hes got soft spot for me remember. I just want to get over and done with him, I want to see him go down. Oh, here are his other numbers that you can tap on ……” (sic).

In his response Jerry, “One of our guys at work was helping the wife to track his whereabouts and she was paying him so well, looked like the wife had everything under control. And one of your home girls is also helping us with baiting him, looks like Ralotsia is trying to try his luck on the lady, so she should also be able to help” (sic).

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