9th December 2021
Dear Mr President.
RE: BOTSWANA CONSTITUTION REFORM – BAKGATLA BA KGAFELA POSITION
I hope this correspondence finds you well.
I would like to express my gratitude for the decisions you have made to open dialogue in Botswana leading towards Constitutional reform. We understand you have advanced a step ahead by appointing a Commissioner to lead the process. However, we must caution here that, ultimately, your government needs to pass legislation to legitimize and guide the Constitutional reform process. Otherwise, right thinking members of society all over see the futility of the exercise as presently constituted, and will not have confidence in your procedures. Nonetheless, you stand out as the first President of Botswana to take any tangible step towards constitutional reform. Whatever the outcome of the exercise may be, and whatever the motive, credit must accordingly be given where it is due. This much said about Botswana, we now turn to the main topic of this letter.
There are certain pertinent matters that we must make clear at the very beginning, and record our Bakgatla special requests to your Excellency. Whilst we Bakgatla Ba kgafela, and I (Kgafela ii) desire to experience a new future for Botswana, under a new constitution, our unique situation as Bakgatla requires recognition and special attention. The history of Bechuanaland – Botswana and Bakgatla from 1885-2021 is well documented. It is available in Prof Fred Morton’s book: When Rustling became an Art, my recent publication -The Last Frontier, Baloyi Judicial Commission of Inquiry Report of 2019, and the Lord Hailey Commission report. Lord Hailey stated in his report that: Bakgatla land belongs to Kgosi & his morafe. Her Majesty the Queen of England accepted that position in statutory title, which has not changed by lawful process to this date. All those statutes since 1899 (and Commissions of Inquiry reports) are as valid today as they were at the time of their promulgation/reporting. Even the Tribal Territories Act is still law in present day Botswana because it has not been repealed.
There is nothing in law and history to gainsay a glaring truth that:(a) Bakgatla Ba Kgafela are the lawful owners of Bakgatla Tribal Territory, as defined in the Tribal Territories Act and Her Majesty’s Proclamations; (b) Sir Seretse Kgama and BDP party expropriated our country in 1966, without consultation or agreement with Bakgatla; against international law, and against common & customary law concerning the taking of another’s property. Simultaneous with Seretse & BDP taking our country, they imposed a foreign system of human affairs called ‘western democracy’ or ‘multi-party democracy’ upon us in our country; yet again without consultation or agreement. That system has gradually deteriorated the quality of life for our people to the present day of total despair.
Bakgatla do not want to live under that system anymore, whatever name it goes by. We don’t want to be detained by its faults in our progress to the future. We want to rule ourselves in (our country) where we may practice and live our heritage without undue restrictions, including the heritage of being led by a Kgosikgolo (King), and not a politician. There is no logic in our people being driven to vote for a leader every five years, when we already have provably competent traditional leadership amongst us. This desire is consistent with international law (self- determination) and the law of property ownership.
In addition, we have ambitions of the future which may not necessarily coincide with ambitions of other Batswana in their respective localities. For instance, the rest of Botswana may wish to continue with western democracy and leadership by politicians, whilst we don’t, because we have seen the system clearly for what it represents. Moreover, our Bakgatla Kingdom extends into South Africa. Different considerations apply. It has been so, even during British colonial rule. That is why the colonial government always excluded Bakgatla land when it passed legislation for Bechuanaland Protectorate. A case on point is the Bechuanaland Protectorate (Lands) Order of 16th May 1904, which states at section 1: For the purposes of this Order the expression “Crown lands” means the lands abandoned as aforesaid by the Chiefs Khama, Sebele, and Bathoen, to wit, the lands bounded on the West by the native reserves of the Bangwaketsi, the Bakwena, and Bamangwato, on the North by the Shashi River, on the East by the Transvaal, and on the South by the territory of Barolongs always excepting the territories of the Chief Moghosi of the Bamaliti, and Linchwe of the Bakhatla, all of which Native Reserves and territories have been or shall be more particularly described in Proclamations of His Majesty’s High Commissioner for South Africa(my underlining for emphasis).
The key words are: “always excepting the territories of the Chief Moghosi of the Bamaliti, and Linchwe of the Bakhatla”. We cannot speak for Bamaliti or other tribes & peoples of Botswana because we do not have a mandate to do so. They have their own Dikgosi and representatives. We wish to focus for now only on us Bakgatla, and our demand for restoration of ownership rights to our country. We do not want our ownership issue lumped in generalization with the rest of Botswana issues. We say this with respect, recognizing always that we have family, friends’ relations and other investment across Botswana. We love Botswana. As such, we do not want to burden anyone with our uniqueness, or they becoming an albatross in our march into the future. Pertinently, we do not want our future held hostage to any delays or failures – if any – within the Constitutional review exercise your Excellency has commenced.
Accordingly, this correspondence serves to kindly ask your Excellency to utilize his current powers as leader of BDP and State President, to take such steps as necessary to redress the injustices of 1966 perpetrated against Bakgatla – by returning Bakgatla Tribal Territory to its rightful owners.
It seems to me that we are asking something relatively simple and reasonable, because all you need do is: (a) present this demand to your BDP parliament caucus; (b) discuss with your cabinet, and (c) proceed to amend the current Botswana Constitution (application clauses) to indicate that the current constitution does not apply, and should never have applied to Bakgatla Tribal Territory (this should have been done in 1966 at the London Conference and stipulated in the Bechuanaland Independence Act passed in London), (d) declare our Bakgatla independence,(e) pass transition legislation, and (f) inform the United Nations and SADC accordingly that you have released us to our independence. This bold step will resolve a historical injustice in a short space of time with the least amount of energy. What we do with our independence moving forward is our business. We have competent leadership, intelligent resourceful people and good ideas to sort ourselves out. Be rest assured that Bakgatla shall experience a better quality of life to that we have endured under the current Botswana constitution since 1966.
Whilst it may be tempting to lose the simplicity of our demand in rhetoric, decorum, political red tape, and fear of the truth & change, it remains glaringly clear to us (victims of injustice) that: In as much as Sir Seretse Kgama and his BDP of 1966 managed to take our land by passing a law (Constitution), it should be within your same powers with current BDP to pass a similar law (amendment of constitution) to restore our country. Your Excellency has sufficient numbers in parliament, and all power of government to achieve this. Your party hasthe power to pass pretty much any law you please, as has been the case over the past 55 years. You also happen to be a Mokgatla man, well positioned to achieve these goals of freedom for Bakgatla. The only relevant question you need ask yourself, colleagues and interested persons now is: Show lawful cause why restoration of Bakgatla country must not happen!
May it be clear that: Bakgatla will not participate in any talks for Constitutional reform in Botswana, until we have full restoration our country (Bakgatla Reserve). Otherwise, we risk falling into error of betraying our forefather’s stand, recorded in Kgosi Linchwe 1’s letters of 1894, Kgosi Linchwe ii’s letters of December 1965, and all their gains since 1870, which are (our inheritance) systematically taken from us by politicians and foreign rule disguised as a democracy. Only then, with our country in hand, shall we be in a position to meaningfully contribute to constitutional reform, and negotiate a Federal State of Botswana (in the very least of compromises), where Bakgatla retain their independence, or semi – autonomy, within the greater Botswana.
Your Excellency must appreciate that we Bakgatla will never give up on our demands for restoration of our country. Our stand is a matter of principle informed by history and law. It is a reality of having no choice, given the history of cruelty we and our Bogosi have suffered at the hands of your BDP government and western democracy since 1966. In the climax of it all, your BDP government has advanced as far as passing laws in 2010-2014 (Court Judgements & Executive Orders) declaring your non-recognition of Bakgatla apex leadership, and prohibiting Bakgatla bogosi from leading our people.
In addition, your BDP government has effectively expelled the Bakgatla monarch out of Botswana (under threat of imprisonment) and left our people leaderless to date. These actions are a clear indicator that Bakgatla (have never been accepted) under BDP rule and current Botswana constitution. We have glaring indicators (red lights) that we must have a formal separation which endorses the status quo prior to 1966 in relation to land ownership and sovereignty. Logic dictates that your BDP government must release us Bakgatla into independence, if your government despises us so much as we have all seen over time. Setswana proverbs say: Monna o nkga le di tsaagwe – Motse fa o bakwa re tla o kgaogana.
Therefore, your failure (if any) to heed our demand, can only delay the inevitable. It will always reflect regret towards missed opportunity, as one president after another grapples with the same demand. Unfortunately, you will place us in the awkward position where we have to trouble your BDP government throughout your reign, the British Government, and British Royal Family in various forums over matters that we could have resolved locally as suggested herein. Unfortunately too, you will miss Bakgatla formal participation in the Constitutional reform talks. That entire exercise will become still-born from a failure of participation by a major tribe within the country. You will end up perpetuating the 1966 errors, exactly as they are recorded in the letters and other representations of 1965/66 made by those who opposed Seretse Kgama’s & BDP coup. We are already seeing sign posts from that same road.
The individual Mokgatla man or woman may speak for themselves, as they please. We do expect that some may stand against our course; especially those whose loyalties reside more with politics than Bakgatla heritage. But none – in their small or large numbers – has a legal mandate to speak for our private ownership of Bakgatla Tribal Territory.
Your Excellency must concede the factual reality before us that currently, I am unable to lead, let alone live amongst my people, because of BDP political interference, well documented in my recent book – The Last Frontier. It has always been open to your government to establish real (as opposed to abstract) conditions for my safe return and living amongst my people in Mochudi. Your law officers in DPP & Attorney General have power to formally withdraw all those fake criminal charges against me in Court (if they so wish), and draft legislation for your majority BDP to pass in parliament conferring Kgosi Kgolo Kgafela ii due and deserving immunity of a Kgosikgolo. It will not be the first time your government passes legislation specific to an individual (Kgafela ii).
Likewise, your government has power to pass legislation that formally recognizes, respects and adequately provides for office of KgosiKgolo in Botswana. That kind of legislation would have relieved Batswana of the current morass created by the 2011 High Court Judgement and related Executive Orders.
Rather than perform these relatively simply to understand tasks in the past ten years, we have observed a shameful trend amongst your party members, including your Excellency’s behavior (we say this with respect), where individuals use my name and integrity for political campaign. The theme is – bringing Kgafela back home – without attending to the real matters of legislative intervention. Your Excellency has been recorded saying that you will not rest until Kgafela is back home. But to date, you have not spoken to me. We see you visit people all over Botswana and the world, but you have not made time to visit and talk to me directly less than 400km away. Your party’s political rhetoric using my name treats me more like a stray Poodle, available to any passerby to grab and pose for a selfie – sometimes laced with disrespect.
There is no doubt that your BDP government displays superficial attitudes towards my return to Botswana. That same disposition makes it delusional for anyone to believe that your BDP government will ever pass the legislation suggested above (establishment of office of KgosiKgolo & immunity) because if the contrary were true, we would have seen signs sprout in the past ten years, especially since 2018. As such, trust is impossible, and we have to live with that reality.
I have come to terms with my fate that: the only way I will ever see my father country, or enjoy Botswana, is when Bakgatla have recovered our independence, or there is a new government that will create a safe environment for me to walk freely in Botswana enjoying respect of a KgosiKgolo. In the meantime, we will endure such fate that we continue to suffer property losses, poverty, and so many other difficulties flowing from my inability to access my property and my people in Botswana. Indeed, we have lost a lot of money so far, from having to defend ourselves and innocent tribesmen against politically motivated criminal trials, whilst thieves took advantage of our vulnerability to crush us deeper into poverty. We have no hope for compensation from government.
My Botswana Identity document (Omang), passport and driver’s license have expired. It is impossible for me to renew. I cannot visit a nearest Botswana embassy for help whilst there is risk of being arrested because of outstanding criminal charges in Botswana. Effectively, my Botswana citizenship under the current legal regime has expired, and I am left with no hope of renewal. I stand banished today, as it were with my grandfather Kgosi Molefi. These are repeating cycles of history we must break, once and for all.
Be that as it may, please understand that we hold no grudges against your Excellency or anyone in Botswana, given the conclusions and the decisions of destiny we have taken about the future. Nothing else matters now, other than that future. To that end, I am hereby formally inviting your Excellency to make time to come here and see me in South Africa, so that we may talk about these matters, and perhaps others of national interest. We need a very clear way forward post March 2022 concerning restoration of our country, because we intend to escalate our plight. Your Excellency may usefully arrange through my brother Hon Mmusi Kgafela and Kgosi Sekai, both of whom will liaise with Kgosi Ramono here in South Africa. Please let me know your response on or before 30th January 2022.
US House Speaker Nancy Pelosi’s visit to Taiwan has violated the One-China policy, and caused the escalation of tensions across the Taiwan Strait. Experts and political observers across the spectra agree that Pelosi’s actions and subsequent pronouncements by US President Joe Biden gave impetus to an already simmering tension in the Taiwan Strait, provoking China to strengthen its legitimate hold on the Taiwan Strait waters, which the US and Taiwan deem as ‘international waters’.
Pelosi’s visit to China’s Taiwan region has been heavily criticised across the globe, with China arguing that this is a serious violation of the one-China principle and the provisions of the three China-US Joint Communiqués. In response to this reckless move which seriously undermined China’s sovereignty, and interfered in China’s internal affairs, the expectation is for China to give a firm response. Pelosi visit violated the commitments made by the U.S. side, and seriously jeopardized peace and stability across the Taiwan Strait.
To give context to China’s position over Taiwan region, the history behind gives us perspective. It is also important to note that the history between China and Taiwan is well documented and the US has always recognized it.
The People’s Republic of China recognises Taiwan as its territory. It has always been the case even before the Nationalist Republic of China government fled to the previously Japanese-ruled Island after losing the civil war on the mainland in 1949. According to literature that threat was contained for decades — first with a military alliance between the US and the ROC on Taiwan, and after Washington switched diplomatic recognition to the PRC in 1979 by the US One China policy, which acknowledges Beijing’s position that Taiwan is part of One China. Effectively, Taiwan’s administration was transferred to the Republic of China from Japan after the Second World War in 1945, along with the split between the People’s Republic of China (PRC) and the Republic of China (ROC) as a consequence of the Chinese Civil War. Disregarding this history, as the US is attempting to do, will surely initiate some defence reaction on the side of China to affirm its sovereignty.
However, this history was undermined since Taiwan claimed to democratise in the 1990s and China has grown ever more belligerent. Furthermore, it is well documented that the Biden administration, following the Trump presidency, has made subtle changes in the way it deals with Taipei, such as loosening restrictions on US officials meeting Taiwanese officials – this should make China uneasy. And while the White House continues to say it does not support Taiwanese independence, Biden’s words and actions are parallel to this pledge because he has warned China that the US would intervene militarily if China attacked Taiwan – another statement that has provoked China.
Pelosi, in her private space, would know that her actions amount to provocation of China. This act of aggression by the USA seriously undermines the virtues of sovereignty and territorial integrity which has a huge potential to destabilize not only the Taiwan Strait but the whole of the Asia- Pacific region. The Americans know very well that their provocative behavior is deliberately invoking the spirit of separatism masqueraded as “Taiwan independence”. The US is misled to think that by supporting separatism of Taiwan from China that would give them an edge over China in a geopolitics. This is what one Chinese diplomat said this week: “The critical point is if every country put their One-China policy into practice with sincerity, with no compromise, is going to guarantee the peace and stability across the Taiwan Strait.” Therefore, it was in the wake of US House speaker Nancy Pelosi’s visit to Taiwan, that China, in a natural response revealed plans for unprecedented military exercises near the island, prompting fears of a crisis in the Taiwan Strait and the entire Asia-Pacific region. The world community must promote and foster peace, this may be achieved when international laws are respected. It may also happen when nations respect the sovereignty of another. China may be in a better space because it is well capacitated to stake its territorial integrity, what about a small nation, if this happens to it?
As to why military exercises by Beijing; it is an expected response because China was provoked by the actions of Pelosi. To fortify this position, Chinese President, Xi signed a legal basis for China’s People’s Liberation Army to “safeguard China’s national sovereignty, security and development interests”. The legal basis will also allow military missions around disaster relief, humanitarian aid and peacekeeping. In addition the legal changes would allow troops to “prevent spillover effects of regional instabilities from affecting China, secure vital transport routes for strategic materials like oil, or safeguard China’s overseas investments, projects and personnel. It then follows that President Xi’s administration cannot afford to look weak under a US provocation. President Xi must protector China’s sovereignty and territorial integrity, of which Taiwan is a central part.” Beijing is very clear on One-China Policy, and expects all world players to recognize and respect it.
The People’s Liberation Army has made it clear that it has firepower that covers all of Taiwan, and it can strike wherever it wants. This sentiments have been attributed to Zhang Junshe, a researcher at the PLA Navy Research Institute. Zheng further said, “We got really close to Taiwan. We encircled Taiwan. And we demonstrated that we can effectively stop intervention by foreign forces.” This is a strong reaction from China to warn the US against provocation and violation of the One-China Policy.
Beijing’s military exercises will certainly shake Taiwan’s confidence in the sources of its economic and political survival. The potential for an effective blockade threatens the air and shipping routes that support Taiwan’s central role in global technology supply chains. Should a humanitarian situation arise in Taiwan, the blame would squarely be on the US.
As China’s military exercises along the Taiwan Strait progress and grow, it remains that the decision by Nancy Pelosi to visit China’s Taiwan region gravely undermined peace and stability across the Taiwan Strait, and sent a wrong signal to “Taiwan independence” separatist forces. This then speaks to international conventions, as the UN Secretary-General António Guterres explicitly stressed that the UN remains committed to the UN General Assembly Resolution 2758. The centerpiece is the one-China principle, namely, there is but one China in the world, the government of the People’s Republic of China is the sole legal government representing the whole of China, and Taiwan is a part of China. It must be noted that the US and the US-led NATO countries have selectively applied international law, this has been going on unabated. There is a plethora of actions that have collapsed several states after they were attacked under the pretext of the so-called possession of weapons of mass destruction illuminating them as threats – and sometimes even without any valid reason. to blatantly launch military strikes and even unleash wars on sovereign countrie
British novelist, W. Somerset Maugham once opined: “If a nation values anything more than freedom, it will lose its freedom; and the irony of it is that if it is comfort or money that it values more, it will lose that too.”
The truism in these words cannot be underestimated, especially when contextualizing against the political developments in Botswana. We have become a nation that does not value democracy, yet nothing represent freedom more than democracy. In fact, we desire, and value winning power or clinging to power more than anything else, even if it harms the democratic credentials of our political institutions. This is happening across political parties — ruling and opposition.
As far as democracy is concerned, we are regressing. We are becoming worse-off than we were in the past. If not arrested, Botswana will lose its status as among few democratic nations in the Africa. Ironically, Botswana was the first country in Africa to embrace democracy, and has held elections every five years without fail since independence.
We were once viewed as the shining example of Africa. Those accolades are not worth it any more. Young democracies such as South Africa, with strong institutions, deserves to be exalted. Botswana has lost faith in democracy, and we will pay a price for it. It is a slippery slope to dictatorship, which will bring among other excess, assault on civil liberties and human rights violations.
Former President, Festus Mogae once stated that Botswana’s democracy will only become authentic, when a different party, other than the Botswana Democratic Party (BDP) wins elections, and when the President of such party is not from Serowe.
Although many may not publicly care to admit, Mogae’s assertion is true. BDP has over the years projected itself as a dyed-in-the-wool proponent of democracy, but the moment its stay in power became threatened and uncertain, it started behaving in a manner that is at variance with democratic values. This has been happening over the years now, and the situation is getting worse by the day.
Recently, the BDP party leadership has been preaching compromise and consensus candidates for 2024 general elections. Essentially, the leadership has lost faith in the Bulela Ditswe dispensation, which has been used to selected party candidates for council and parliament since 2003. The leadership is discouraging democracy because they believe primary elections threaten party unity. It is a strange assertion indeed.
Bulela Ditswe was an enrichment of internal party democracy in the sense that it replaced the previous method of selection of candidates known as Committee of 18, in which a branch committee made of 18 people endorsed the representatives. While it is true that political contest can divide, the ruling party should be investing in political education and strengthening in its primary elections processes. Democracy does not come cheap or easy, but it is valuable.
Any unity that we desire so much at the expense of democracy is not true unity. Like W. Somerset Maugham said, democracy would be lost in the process, and ultimately, even the unity that was desired would eventually be lost too. Any solution that sacrifice democracy would not bring any results in the long run, except misery.
We have seen that also in opposition ranks. The Umbrella for Democratic Change (UDC) recently indicated that its incumbent Members of Parliament (MPs) should not be challenged for their seats. While BDP is sacrificing democracy to stay in power, UDC is sacrificing democracy to win power. It is a scary reality given the fact that both parties – ruling and opposition — have embraced this position and believe democracy is the hindrance to their political ambitions.
These current reality points to one thing; our political parties have lost faith in democracy. They desire power more than, the purpose of power itself. It is also a crisis of leadership across the political divide, where we have seen dissenting views being met with persecution. We have seen perverting of political process endorsed by those in echelons of power to manipulate political outcomes in their favour.
Democracy should not be optional, it should be mandatory. Any leader proposing curtailing of democracy should be viewed with suspicion, and his adventures should be rejected before it is too late. Members of political parties, as subscribers of democracy, should collectively rise to the occasion to save their democracy from self-interest that is becoming prevalent among Botswana political parties.
The so-called compromise candidates, only benefits the leadership because it creates comforts for them. But for members, and for the nation, it is causing damage by reversing the gains that have been made over the years. We should reject leaders who only preach democracy in word, but are hesitant to practice it.
Piracy of all kinds continues to have a massive impact on the global creative industry and the economies of the countries where it thrives.
One of the biggest misconceptions around piracy is that an individual consumer’s piracy activities, especially in a market the size of Botswana’s, is only a drop in the pool of potential losses to the different sectors of the economy piracy affects.
When someone sitting in Gaborone, Botswana logs onto an illegal site to download King Richard online, they don’t imagine that their one download will do anything to the production house’s pocket or make a dent in the actors’ net worth. At best, the sensitivity towards this illegal pirating activity likely only exists when contemplating going about pirating a local musician’s music or a short film produced locally.
The ripple effects of piracy at whatever scale reach far beyond what the average consumer could ever imagine. Figures released by software security and media technology company, Irdeto, show that users in five major African territories made approximately 17,4 million total visits to the top 10 identified piracy sites on the internet.
The economic impact of this on the creative industry alone soars to between 40 and 97.1 billion dollars, according a 2022 Dataprot study. In addition, they estimate that “illegally streamed copyrighted content consumes 24% of global bandwidth”.
As Botswana’s creative industry remains relatively slight on the scale of comparison to industries such as Nollywood and Nilewood where the creative industry contributes a huge proportion to West and East Africa’s respective GDPs, that does not imply that piracy activities in Botswana do not have a similar impact on our economy and the ability of our creative industry to grow.
When individuals make decisions to illegally consume content via internet streaming sites they believe they are saving money for themselves in the name of enjoying content they desire to consume. Although this is a personal choice that remains the prerogative of the consumer, looking beyond the fact that streaming on illegal content sites is piracy, the ripple effect of this decision also has an endless trail of impact where funds which could be used to grow the local creative industry through increased consumption, and revenue which would otherwise be fed back into Botswana’s economy are being diverted.
“Why can’t our local creative industry grow?” “Why don’t we see more home-grown films and shows in Botswana?” are questions constantly posed by those who consume television content in Botswana. The answer to this lies largely in the fact that Botswana’s local content needs an audience in order for it to grow. It needs support from government and entities which are in a position to fund and help the industry scale greater heights.
Any organisational body willing to support and grow the local creative industry needs to exist and operate in an economy which can support its mandates. Content piracy is a cycle that can only be alleviated when consumers make wiser decisions around what they consume and how.
This goes beyond eradicating piracy activities in so far as television content is concerned. This extends to the importation and trade in counterfeit goods, resale of goods and services not intended for resale across the border, outside its jurisdiction, and more. All of these activities stunt the growth of an economy and make it nearly impossible for industries and sectors to propel themselves to places where they can positively impact society and reinvest into the country’s economy.
So what can be done to turn the tide here in Botswana in order to see our local production houses gain the momentum required to produce more, license more and expand their horizons? While those who enforce the law continue to work towards minimizing piracy activities, it’s imperative that as consumers we work to make their efforts easier by being mindful of how our individual actions play a role in preventing the success of our local creative networks and our economy’s growth.
Whether you are pirating a Hollywood Blockbuster, illegally streaming a popular Motswana artist’s music, or smuggling in an illegal decoder to view content restricted to South Africa only, your actions have an impact on how we as a nation will make our mark on the global landscape with local creative productions. Thembi Legwaila is Corporate Affairs Manager, MultiChoice Botswana