Headstrong Bakgatla-ba-ga-Kgafela Chief, Kgafela Kgafela II may get his way and soon return to Botswana to take over the chieftaincy, if ongoing negotiations with the Office of the President conclude successfully. Government informed his tribe in Mochudi this week that Kgafela II is remorseful and is engaging President Lt Gen Dr Ian Khama.

In a development which signalled government’s measured intention deal with the matter to finality, minister of Local Government and Rural Development, Slumber Tsogwane travelled to the Bakgatla capital of Mochudi to brief the tribe about the fate of its chief.

In recognition of issues that arose during the interaction of Bakgatla and the Presidential Task team led by Kgosi Malope II of Bangwaketse, minister Tsogwane took time to explain the bottlenecks around the withdrawal of de-recognition notice – which is one of the demands of morafe.

He said Government is reliably informed that Kgosi Kgafela II has taken South African citizenship. Tsogwane said since Botswana Laws do not allow dual citizenship, the issue of de-recognizing Kgosi Kgafela II can only be considered if he decides to relocate back to Botswana and re-apply for Botswana citizenship.

With Botswana not permitting dual citizenship, it remains to be seen if Kgosi Kgafela II, will be willing to renounce his South African citizenship in order to be recognised again as Bakgatla chief.

This publication has established that the ongoing negotiations between President Khama and Kgosi Kgafela hinge on the latter’s dual citizenship, a move which could see the Bakgatla chief returning home on his terms.

On the subject of Withdrawal of criminal charges and warrant of arrest for Kgosi Kgafela II, Tsogwane said: “the criminal charges against Kgosi Kgafela II are a matter between the Directorate of Public Prosecutions (DPP) and the accused (Kgosi Kgafela II). The current position is that the DPP has already proceeded to prosecute after consulting the Attorney General. Therefore doors for any consultation are already closed. An option that remains in terms of the Criminal Procedure and Evidence Act is for Kgafela himself to reconcile with the complainants.”

Speaking directly to the issue of reconciliation between Bakgatla and Government, the minister said lately Kgosi Kgafela II has shown remorse and willingness to reconcile with Government through a letter to the President delivered by Kgosi Leruo Molotlegi of Bafokeng. He said going forward Government will engage Kgosi Kgafela II on the matter.

According Tsogwane, the Office of President has commenced negotiations with the Bakgatla chief with regards to his return to his native country. Kgafela II’s return to Botswana however will happen under conditions that he is recognised as the chief of Bakgatla, with Tsogwane admitting that government had disregarded important clauses in de-recognising the Bakgatla chief.

The negotiations were instigated by Kgosi Kgafela II who had sent a letter delivered by Kgosi Leruo Molotlegi of Bafokeng in South Africa detailing conditions for his (Kgafela) return to Botswana as a recognised chief of the tribe.

Tsogwane was cagey on revealing the contents of the letter or communication between the two parties but affirmed that there is an ongoing exchange of letters between President Khama’s office and Kgosi Kgafela II.

The negotiations between Kgafela II and Office of the President have been augmented by those of a committee appointed by Bakgatla last year to look into the matter.  

KGAFELA’S BATTLES

The downhill Kgotla, which a few years ago at the turn of events, was a no go area for cabinet Ministers was jam-packed as the tribe, which has been without a chief for almost five years descended to the kgotla to get first-hand the affairs about their chief who has been in self exile in neighbouring South Africa since 2012.

Tsogwane inherited destruction and hate problems between Bakgatla tribe and government, the architects of the riddle being his predecessors Lebonaamang Mokalake and Peter Siele.

Kgafela II, who was installed as Bakgatla chief in 2008, left the country in 2012, following a series of battles with government over a number of issues. He had been de-recognised by then Minister of Local Government and Rural Development Mokalake at the time of his departure to South Africa, renouncing the Botswana citizenship in the process, after acquiring South African citizenship.

In a letter written to then Minister of Defence, Justice and Security Ramadeluka Seretse, Kgafela II stated in the letter that; “ I am a King who rules over a tribe in two countries.

That circumstance is not of our own doing but a product of colonialism. The fact of the matter is that I have settled in South Africa permanently as a South Africa citizen. What you do with my citizenship of Botswana is up to you, since you now own the country as a family.”

In his previous battles with government, Kgafela II had challenged the constitution of Botswana wanting it to be set aside as he contended that it was fraudulently adopted.

In South Africa, Kgafela II, where he emerged victorious again, was fighting an even tougher battle where his legitimacy as a ruler of Bakgatla in Moruleng was being questioned by one Nyalala Pilane who had been a regent since 1996. Since Kgafela II’s victory Nyalala has been dethroned with his replacement to be installed soon.

Government, upon the expiry of his deputy and Uncle, Bana Sekai Linchwe’s contract, refused to renew it citing that he had reached retirement age. This created another impasse since the Bogosi Act entitled only the Bakgatla chief to appoint his deputy.

In the absence of Kgafela II, Bakgatla have remained without a chief. The royal house has also been divided, with Kgosi Mothibe Linchwe calling for a truce and peace among those involved and restoration of Sekai to his position as the tribe’s deputy chief.

THE KGOTLA MEETING

At the Kgotla meeting, a subservient Tsogwane listened as the tribe demanded that Kgafela’s return should be under the condition that he is not going to be jailed and that the case before the courts involving him and the state is dropped. The tribesmen also want Sekai reinstated in his position as deputy chief with immediate effect.

Tsogwane however, remarked that government would not interfere with the judicial process, and noted that Kgabo, the Bakgatla Chief, is conversant with the law as a lawyer and would not do anything to interfere with the duties of the court.

“If there is need for forgiveness, such could be done after the courts have finished doing their work. At the moment the matter before the courts is beyond the Office of the President or President [Ian Khama]’s authority and we cannot decide on it,” he said.

Tsogwane said the warrant of arrest issued against Kgafela II does not mean that the chief is guilty and would be arrested as he noted that the Bakgatla chief need only appear before the court as demanded.

The Bakgatla’s conundrum resulted in government and Bakgatla becoming sworn enemies, the condition which did not even help the ruling party in the last general elections as the party lost both seats to opposition Umbrella for Democratic Change (UDC).

Still at the meeting, Member of Parliament for Mochudi East Isaac Davids said the decision to derecognize Kgafela II was not well thought out, and blames the government for the impasse which the tribe finds itself in, having gone five years without chief.

“It was an angry decision, and going forward do not make decisions when you are angry,” he quipped.

Davids said that Kgafela II having a case before the courts was besides the point and what mattered most, he expressed, was for Bakgatla to get their chief back.