Kgosi Kgafela explains his POWERS
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Bakgatla Ba Kgafela paramount chief, Kgafela Kgafela II has told the commission of inquiry, which is investigating the succession of chieftainship Bakgatla in Moruleng that his jurisdiction over the tribe has been confirmed by the Constitutional Court.
When explaining his relationship with senior tribal leader in Moruleng, Kgafela indicated his powers in appointing a leader in Moruleng who ruled on behalf of the paramount chief of the entire tribe. “The correct relationship is that I am his senior, he is my junior as the Constitutional court and custom law says. It is a relationship of a master and a steward in the Bible. If you read the parable of the steward in the Bible, it provides the two answers.”
In the Mmusi Pilane vs Nyalala and others constitutional court judgment in 2012 said, although the villages that make up the traditional community are situated in South Africa, the traditional community recognises as their Kgosikgolo a traditional leader who lives in Mochudi Botswana. His deputy Pilane, administers the affairs of the community in South Africa, and is based in Moruleng.
“The point I am making is that where we sit here, we can go to great lengths trying to understand what the statutes say, but we have advantage of the fact that courts in South Africa have done the work for us, they have explained these things. I can only refer you to these judgments,” said Kgafela. Kgafela submitted before the commission that in the past when there were problems in South Africa, Kgosi Linchwe was called upon to come and deal with problems concerning the former chief, the late Tidimane.
And that likewise, in 2008 to 2016, the tribe in South Africa called upon the paramount chief in Botswana, being him, to exercise his powers to depose the regent, Kgosi Pilane of his duties as kgosi, as the latter violates the tribes’ human rights and refuses to account. “Members of the tribe, comprising Mr Thari Segale, Thari Pilane, Segale Pilane who demanded that should attend to South African issues and depose Kgosi Pilane because the latter violated the tribe’s human rights. So, members of the tribe here had asked me to do exactly as Kgosi Linchwe did in the performance of his role.
Baloyi then told Kgafela that there was evidence brought before them which suggested that Kgafela’s father, the late Paramount Chief Linchwe did not involve himself in Moruleng issues like he wants to, and that he only played a more ceremonial role― He was invited and consulted if there were major issues. However, Kgafela dismissed the issues that Linchwe did it ceremonially. “Look at the role he played around the Tidimane [Pilane] issue. It was not ceremonial but legal; he even interacted with all former leaders here which even led to appointment of Pilane. Pilane’s appointment is not ceremonial but a matter of law.”
He said while to some certain degree it could be true that his father may not have involved himself as he has in the affairs of Moruleng, “I can tell you why, even myself as I sit here, I would rather not be here. If I had somebody running the affairs of the tribe legally without a headache, I would rather be at the cattle post. We intervene only when things are not run properly; otherwise I would not be responsible. Once things are sorted out, we have proper administration and everything is in order, I will be free to attend other issues in life.”
Kgafela further told the commission that the BBK bogosi was clear in the court judgments and in history of South Africa. “My father played a key role in the independence of this country, him being in Botswana… if he wasn’t in Botswana at the time things would not be as they are today. So authorities in this country have known bogosi jwa Bakgatla such that it should not be an issue as to who Kgosi is and who can appoint who. His role in the struggle of the independence of SA is well known.”
‘My relationship with my uncle, Nyalala Pilane’
When asked to comment on his relationship with the senior chief in Moruleng, Pilane who according to the tribe custom is there in Kgafela’s place, Kgafela said, “Re na le bothata gone fa.”(We have a problem here). He decried that the problem they were having amongst Bakgatla was that Pilane was not performing the role of law amongst the tribe, but doing the opposite.
“If you ask what his role is, I will say, the role of the senior leader, that he has played in the tribe up to today is the very problems that you are seeing today. That is his role. We are here in this commission struggling about many things because of his role. The tribe is in disarray because of the events that have taken place. He is not fit and proper to hold public office, that is why I have accepted his resignation in 2012, and it stands,” he submitted.
The commission heard that the department of mining in South Africa comes to Pilane and makes arrangements to mine in the tribe’s farms without a consultation and he pockets the money. “This is a very painful injustice. A group of people supported by government come and mine our farms without consulting us, and no one listens to them when they complain. We are always litigating against mining companies and Pilane over what is rightfully the people.”
My roles
The commission heard that the role of a paramount chief ordinarily based in Botswana, is appointed and enthroned in accordance with the fixed procedure of tradition. He hunts a leopard and provides the pelt for the regiment of his father to prepare for the draping. On the appointed day the tribe converges at a kgotla to witness him being draped with the leopard to formalize his assent to the throne as the epic leader of the whole tribe wherever based, whether Botswana or South Africa or new territories that may be acquired under his leadership.
Once these traditional procedures have taken place, the throne becomes fixed upon who wears the leopard skin in terms of the customary law of Bakgatla in ancient traditions. He rules over the tribe in both Botswana and South Africa. This law is set out in judgments of South African courts including the Constitutional Court. It is settled law, according to Kgafela’s version.
“Presently the royal leopard of BBK is roped upon Kgafela II, and the roping took place in September 20, 2008. Now, the point that is important is that once enthroned, the paramount chief of BBK in Botswana assumes certain royal duties and obligations towards the tribe at large,” he submitted. The core duties, he said include to protect the human rights of the tribe, protect the tribe’s land and property, protect the tribe’s history, its heritage and destiny and unite the tribe and ensure peace and harmony amongst them.
He stated, the paramount chief is obligated to do the right thing in every situation aiming at all times in producing the best results for the tribe: Accordingly whenever issues arise from the tribe, either in Botswana or South Africa touching on any of the duties highlighted, the tribe may call upon the paramount chief in Botswana to exercise his traditional powers in their favour by performing his duties aforesaid, the commission heard.
“The paramount chief has been performing this role since he was enthroned in 2008 and we would submit that the developments of this commission and events on the ground vindicate the answers to this point. What has been happening in the past six years since I came here is exactly the role which the premier asks about.”
“We have been all over South Africa with this role, we have reported crimes which are taking place to police, courts and everywhere you can think of. The soles of our shoes are worn out and we are even limping, because of this journey that we’ve been taking to all over performing this role,” he submitted.
My powers and procedures to appoint a leader in South Africa
The commission heard that the paramount chief in Botswana appoints a person of his choice to rule over the tribe on his behalf. These are prerogative powers bestowed upon the paramount chief by tradition and law, he noted. “And I have exercised those powers in favour of the tribe; I have exercised those powers to dethrone Kgosi Pilane from his seat as a Kgosi in 2012, and evidence for that is Pilane’s retirement letter and my acceptance of that letter, and the history of events leading to those correspondences.”
The tribe is free to decide whether they want me or not
According to Kgafela, if the people in Moruleng do not want to be ruled by the paramount chief in Botswana anymore, they have that right. “My father told them in 1994 that you have the right to go your own way. But you must go to the kgotla, decide on that right and let us know. But, they said, NO…we remain one! And it is stated in the resolution that they remained one,” he said.
Professor Moleleki asked Kgafela why the paramount chieftainship was hereditary while senior traditional leadership was not, among BBK tradition. And Kgafela’s response was that, “The constitution of South Africa recognises traditional communities and their customs, and when you go to the Act, there is a common theme that one thing must be done according to customs and traditions of that community. The customs and tradition of BBK community may be different from other customs, but it is recognized. And the way it is with us may be unique, it’s such that BBK tribe live in two countries.”
He stressed that borders came only yesterday and that they were not their doing. “The point I am making is that where we seat here, we can go to great lengths trying to understand what the statute say, but we have advantage of the fact that courts in SA have done the work for us, they have explained these things. I can only refer you to those judgments. This arrangement of BBK is unique, it’s not our doing, but it is what we are settled with. ,” said Kgafela
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ENVIRONMENT ISSUES: Masisi asks Virginia for help
President Mokgweetsi Masisi says the issue of sustainable natural resources management has always been an important part of Botswana’s national development agenda.
Masisi was speaking this week on the occasion of a public lecture at Virginia Polytechnic, under theme, “Merging Conservation, Democracy and Sustainable Development in Botswana.”
Botswana, according to Masisi, holds the view that the environment is fragile and as such, must be managed and given the utmost protection to enable the achievement of Sustainable Development Goals (SDGs).
“It is necessary that we engage one another in the interchange of ideas, perspectives, visualizations of social futures, and considerations of possible strategies and courses of action for sustainable development,” said Masisi.
On the other hand, dialogue, in the form of rigorous democratic discourse among stakeholders presents another basis for reconfiguring how people act on their environments, with a view to conserving its resources that “we require to meet our socio-economic development needs on a sustainable basis,” Masisi told attendees at the public lecture.
He said government has a keen interest in understanding the epidemiology and ecology of diseases of both domestic and wild animals. “It is our national interest to forestall the dire consequences of animal diseases on our communities livelihoods.”
President Masisi hoped that both Botswana and Virginia could help each other in curbing contagious diseases of wildlife.
“We believe that Virginia Tech can reasonably share their experiences, research insights and advances in veterinary sciences and medicines, to help us build capacity for knowledge creation and improve efforts of managing and containing contagious diseases of wildlife. The ground is fertile for entering into such a mutually beneficial partnership.”
When explaining environmental issues further, Masisi said efforts of conservation and sustainable development might at times be hampered by the emergence and recurrence of diseases when pathogens mutate and take host of more than one species.
“Water pollution also kills aquatic life, such as fish, which is one of humanity’s much deserved sources of food. In this regard, One Health Approach imposes ecological responsibility upon all of us to care for the environment and the bio-diversity therein.”
He said the production and use of animal vaccines is an important space and tool for conservation, particularly to deal with trans-border animal diseases.
“In Botswana, our 43-year-old national premier pharmaceutical institution called Botswana Vaccine Institute has played its role well. Through its successful production of highly efficacious Foot and Mouth vaccines, the country is able to contain this disease as well as supply vaccines to other countries in the sub-region.:
He has however declared that there is need for more help, saying “We need more capacitation to deal with and contain other types of microbial that affect both animals and human health.”
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Masisi saddened by deaths of elephant attacks
President Mokgweetsi Masisi has expressed a strong worry over elephants killing people in Botswana. When speaking in Virginia this week, Masisi said it is unfortunate that Batswana have paid a price with their own blood through being attacked by elephants.
“Communities also suffer unimaginable economic losses yearly when their crops are eaten by the elephants. In spite of such incidents of human-elephant conflict, our people embrace living together with the animals. They fully understand wildlife conservation and its economic benefits in tourism.”
In 2018, Nthobogang Samokwase’s father was attacked by an elephant when travelling from the fields, where he stayed during the cropping season.
It was reported that the man couldn’t run because of his age. He was found trampled by the elephant and was pronounced dead upon arrival at the hospital.
In the same year, in Maun, a 57-year-old British woman was attacked by an elephant at Boro and died upon arrival at the hospital. The woman was with her Motswana partner, and were walking dogs in the evening.
Last month, a Durban woman named Carly Marshall survived an elephant attack while on holiday in the bush in Botswana. She was stabbed by one of the elephant’s tucks through the chest and was left with bruises. Marshall also suffered several fractured ribs from the ordeal.
President Masisi Botswana has the largest population of African elephants in the world, totaling more than 130 000. “This has been possible due to progressive conservation policies, partnerships with the communities, and investment in wildlife management programmes.”
In order to benefit further from wildlife, Masisi indicated that government has re-introduced controlled hunting in 2019 after a four-year pause. “The re-introduction of hunting was done in an open, transparent and democratic way, giving the communities an opportunity to air their views. The funds from the sale of hunting quota goes towards community development and elephant conservation.”
He stressed that for conservation to succeed, the local people must be involved and derive benefits from the natural resources within their localities.
“There must be open and transparent consultations which involve all sectors of the society. It is against this backdrop that as a country, we lead the continent on merging conservation, democracy and sustainable development.”
Masisi stated that Botswana is open to collaborative opportunities, “particularly with identifiable partners such as Virginia Tech, in other essential areas such as conservation, and the study of the interplay among the ecology of diseases of wild animals and plants, and their effects on human health and socio-economic development.”
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Gov’t commit to injecting more funds in fighting HIV
Minister for State President Kabo Morwaeng says government will continue to make resources available in terms of financial allocations and human capital to ensure that Botswana achieves the ideal of eradicating HIV and AIDS as a public health threat by 2030.
Morwaeng was speaking this morning in Gaborone at the High-Level Advocacy event to accelerate HIV Prevention in Botswana. He said the National AIDS and Health Promotion Agency (NAPHA), in partnership with UNAIDS, UN agencies, the Global Fund and PEPFAR, have started a process of developing transition readiness plan for sustainability of HIV prevention and treatment programmes.
“It is important for us, as a country that has had a fair share of donor support in the response to an epidemic such as HIV and AIDS, to look beyond the period when the level of assistance would have reduced, or ceased, thus calling for domestic financing for all areas which were on donor support.”
Morwaeng said this is important as the such a plan will guarantee that all the gains accrued from the response with donor support will be sustained until the end when “we reach the elimination of HIV and AIDS as a public health threat by 20230,” he said.
“I commit to continue support efforts towards strengthened HIV prevention, accentuating HIV primary prevention and treatment as prevention towards Zero New Infections, Zero Stigma, Discrimination and Zero AIDS related death, to end AIDS in Botswana.”
He reiterated that government commits to tackle legislative, policy and programming challenges that act as barriers to the achievement of the goal of ending AIDS as a public health threat.
In the financial year 2022/2023, a total of 119 Civil Society Organizations, including Faith Based Organizations, were contracted with an amount of P100 million to implement HIV and NCDs prevention activities throughout the country, and the money was drawn from the Consolidated Fund.
Through an upcoming HIV Prevention Symposium, technical stakeholders will use outcomes to develop the Botswana HIV Prevention Acceleration Road Map for 2023-2025.
Morwaeng stated that government will support and ensure that Botswana plays its part achieving the road map. He said there is need to put hands on the deck to ensure that Botswana sustains progress made so far in the fight against HIV and AIDS.
“There are tremendous achievements thus far to, reach and surpass the UNAIDS fast track targets of 95%- 95%- 95% by the year 2025. As reflected by the BAIS preliminary results of 2021, we now stand at 95- 98- 98 against the set targets.”
“These achievements challenge us to now shift our gears and strive to know who are the remaining 5% for those aware of their HIV status, 2% of enrolment on treatment by those aware of their status and 2% of viral suppression by those on treatment.”
Explaining this further, Morwaeng said shift in gears should extend to coming up with robust strategies of determining where these remaining people are as well as how they will be reached with the necessary services.
“These are just some of the many variables that are required to ensure that as a country, we are well positioned to reaching the last mile of our country’s response to the HIV and AIDS pandemic.”