Lawyers’ right to represent Bakgatla-Ba-Kgafela questioned
The legitimacy of a legal team representing Kgosi Nyalala Pilane of Bakgatla-Ba-Kgafela and his tribal council was questioned at the Maluleke Commission of Inquiry.
|||Rustenburg – The legitimacy of a legal team representing Kgosi Nyalala Pilane of Bakgatla-Ba-Kgafela in Moruleng and his tribal council was questioned at the Maluleke Commission of Inquiry on Thursday.
“Consistent with customary law there must be a tribal resolution authorising the kgosi [chief] to engaged 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 to represent Kgosi Nyalala Pilane and his traditional council.
He said there should be a notice calling for a tribal meeting, agenda of the meeting, resolutions of that meeting as well as attendence register.
Kgafela II cited a meeting in 1994 on March 24, where the tribe resolved and authorised his father Lentswe II to engaged lawyers, when he was engaged in a legal dispute.
Asked by Judge George Maluleke, whether he (Kgafela II) did require a tribal resolution to testify at the commission.
Kgafela II said he was requested to appear at the commission as Kgafela Kgafela II and not as his personal capacity as paramount chief to assist the commission, as such he did not require a tribal resolution.
He said Kgosi Nyalala Pilane raised the technically of the tribal resolution at the Pretoria High Court, when he argued that Kgafela II failed to produced a tribal resolution.
“It has been clear that the legal team representing Kgosi Nyalala Pilane in his capacity as kgosi, not in his personal authority must have a tribal resolution authorising kgosi to engaged lawyers.”
He said 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 Kgosi Nyalala 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 August, this resolution were not drafted yesterday.”
The Bakgatla-Ba-Kgafela is straddled between Botswana and South Africa, with one group based in Mochudi, Botswana while the other is in Moruleng.
The traditional community is led by Kgosi Nyala Pilane in South Africa while Kgafela 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 paramount chief Kgafela Kgafela II relocated 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 George Maluleke to chair a commission probing the chieftaicy 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 Bakgatla-Ba-Kgafela, as announced by Kgafela II early this year.
On September 22, Kgosi Nyalala 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 to install David Mpule Pheto as acting kgosi in Moruleng.
He had planned to install Pheto on September 24, but the court blocked him.
African News Agency