Chief ’s legal team in dispute under scrutiny
THE LEGITIMACY of a legal team representing Kgosi Nyalala Pilane of Bakgatla-Ba-Kgafela in Moruleng and his tribal council was questioned by the Maluleke Commission of Inquiry yesterday.
“Consistent with customary law there must be a tribal resolution authorising the kgosi (chief) to engage with lawyers,” said Paramount Chief Kgafela Kgafela II.
Kgafela II and his supporters argued that the legal team led by advocate Simmy Lebala SC was acting unlawfully by representing Kgosi Nyalala Pilane and his traditional council.
He said there should be a notice calling for a tribal meeting, an agenda of the meeting, resolutions of that meeting as well as an attendance register.
Kgafela II cited a meeting on March 24, 1994 where the tribe resolved and authorised his father Lentswe II to engage lawyers when he was involved in a legal dispute.
Asked by Judge George Maluleke whether he (Kgafela II) required a tribal resolution to testify at the commission, Kgafela II said he was requested to appear before the commission as Kgafela II and not in his personal capacity as paramount chief.
He therefore did not require a tribal resolution, he pointed out.
He said Pilane had raised the technicality of the tribal resolution in the high court in Pretoria, when he argued that Kgafela II had failed to produce a tribal resolution.
“It has been clear that the legal team representing Pilane in his capacity as kgosi, not in his personal authority, must have a tribal resolution authorising kgosi to engage lawyers,” the judge said.
He added that the tribal funds were being used to pay the legal team, without the tribe authorising it.
“Looking at the legal team… it could cost the tribe R200 000 per day, amounting to R1 million in a week,” he said.
Lebala told the commission that they do have the resolution to represent Pilane and the traditional council of Bakgatla Ba-Kgafela in Moruleng at the commission.
“Chair, we have the resolution, the first resolution I have is dated in August; this resolution as not drafted yesterday.”
The Bakgatla-Ba-Kgafela is straddled between Botswana and South Africa, the one part is situated in Mochudi, Botswana, while the other part is in Moruleng in South Africa.
The traditional community is led by Pilane in South Africa while Kgafela II, based in Botswana, is the paramount chief of the tribe.
The dispute surrounding the chieftaincy of the more than 300 000 Bakgatla-Ba-Kgafela in Moruleng surfaced when chief Kgafela II went from Botswana to South Africa in May 2012 following charges of assault and legal battles with the government of Botswana.
North West Premier Supra Mahumapelo appointed Judge Maluleke to chair a commission to investigate the chieftaincy of Bakgatla-Ba-Kgafela in Moruleng.
The commission is to investigate whether David Mpule Pheto is the rightful candidate to lead the Moruleng chapter of the Bakgatla-Ba-Kgafela, as announced by Kgafela II early this year.
On September 22, Pilane, the royal family and the traditional council of Bakgatla-Ba-Kgafela in Moruleng went to the North West High Court to stop Kgafela II installing Pheto as acting kgosi in Moruleng.
He had planned to install Pheto on September 24, but the court blocked him. – ANA
Judge considers tribal resolution during probe