06 April 2010

The affidavit of Bafokeng Land Buyers Association, Setuke Family and Thekwana Community opposing Royal Bafokeng Nation's Mafikeng High Court Application

Follow this link and enjoy .....
https://docs.google.com/fileview?id=0B72gJZ75Jz7tOGIyMjFmNzgtOGRhZS00ZGIzLThjMDUtZDliZGYyNTliMWIx&hl=en


PS - You will have to read this document with Gavin Capps annexure found in the next link below this post

How Bafokeng Communities (Mogono, Ba-Phiring in Luka ,Chaneng, Thekwana, Tsitsing, Marakana, Photsaneng and others) purchased their land

Follow the link below and enjoy the reading ....
https://docs.google.com/fileview?id=0B72gJZ75Jz7tNDhjZWVmNzEtYjk5Yi00ZDVjLWI1OTUtNjJhZTZkNmRhNmZk&hl=en

Land, Mineral Wealth and the Militarisation of the Bafokeng

Thokonoko writes

“In time of universal deceit, speaking the truth becomes a revolutionary act”- George Owell.

Corporate dictators are puppet-king makers as our beloved lands are pillaged and poisoned. Racial tensions will rise as exploiters divide to rule as never before in their century long wars. Without access to land or equitable distribution of resources wealth, we lay the foundation for a crime ridden, debt laden society. We must ask ourselves: is this the way? Despite immeasurable wealth, kleptocracies disguised as monarchies ensure a grinding poverty for the majority. South Africa has the greatest disparity between rich and poor with the highest incidence of AIDS, on earth! This is no small co-incidence. It is the ongoing legacy of an unfettered mining industry that cares not for the well being of the many whilst enriching the few.

The militarization of the Bafokeng

Regarding the alleged irregular spending of some R86million by Nial Caroll’s brother, Council instructed that those that were found to be responsible be fired. The Chief came to their defence and ordered that the Council would have to fire him (the Chief) first!
It is reported the Bafokeng Chief bought himself a fighter helicopter worth over R96 million. It is understood that the Bafokeng Council declined the purchase of the helicopter, but the Chief came personally in the following Council meeting and put the resolution to a vote. The majority voted for the purchase. There is word going around that the Bafokeng security company has also been recruiting retired ex soldiers from the then Bophuthatswana army and SADF. The Bafokeng Chief authorised the purchase of more security vehicles, many of which has been seen roving around in increasing numbers around the peace loving communities of Bafokeng. On Monday 22nd March, a recruitment drive was carried around Luka, calling for the unemployed to register at the Bafokeng Plaza for security courses, where after graduates will be trained for crowd control!
The Bafokeng security is led by a Adolph Zietsmann, allegedly an ex Koevoet operative and the mastermind behind the ‘militirisation’ of the Bafokeng. Social activists around Bafokeng communities are worried by the threat made by the Bafokeng Chief in two separate community meetings that he (the Chief) will use force against those who shows dissent to him. Should the Bafokeng community and civil society be worried? Should the national Security and Intelligence be concerned?

05 April 2010

Chaneng Community says Title Deed First!

On the 23rd January 2010, Chaneng community, which is a stone throw away from the world renowned Sun City Hotel, endorsed their intention to challenge the Mafikeng High Court application by the Bafokeng Royal Nation to have the community’s land, Styldrift 90JQ transferred in the name of the Royal Bafokeng Nation.

The community adopted the motto ‘TITLE DEED FIRST, NEGOTIATIONS AFTER! This was taken ‘to stop individuals to run to the Bafokeng and the mines to negotiate for themselves, selling-out the community by using the land claim to threaten the mines and the Bafokeng to enrich themselves’, warned March Motene, the community leader who has been in the forefront of the claim. March was confirmed by the community to be the organiser and coordinator of the land claim. She liaises the community claim with the other land claimants through the Bafokeng Land Buyers Association. She also facilitates communication with the community lawyers and the dissemination of information on the status and process of the claim.

The youth of Chaneng informed the community that it intended marching to the Styldrift project ( a mining project between the Bafokeng Royal Nation and Anglo Platinum) to demonstrate their dissatisfaction with what they described as false promises made by the Bafokeng to the community. ‘They are taking the community for granted’, exclaimed Joseph Mogobe, the community youth leader.

02 April 2010

The Inaugration of Kgosi Solly Rammereki Mekgwe of Baphiring of Luka

It was a historic day for many of the Baphiring community of Luka village, Phokeng, Rustenburg, to have witnessed the once in a life time inauguration of their Kgosi, Solly Rammereki Mekgwe. The ceremony, which coincided with the South African Human rights Day was graced by the presence of Kgosi Mabalane of Mabaalstadt, Kgosi Matlapeng of Molatedi and Kgosi Sefanyetso of Moubana, started at around 10am with a prayer and the hoisting of the Baphiring flag.

Lucas Mekgwe, in introducing guests, explained that Baphiring are an ancient community which was led by a chief when they arrived in the Phokeng-Rustenburg area. That the community actually settled near the present day Impala Platinum mine’s minerals processing plant, they were in fact on their way back home to their brothers and sisters who are now settled near Koster. Their journey was cut short by Paul Kruger who wanted to use them for slave labour in his fields.

Kgosi Mabalane thanked Baphiring for their continued quest for stronger ties with the Baphiring of Mabaalstadt and acknowledged the birth seniority of Baphiring of Luka.

Rakgadi wa Kgosi Mekgwe, Mme Basetsana Monaledi also gave a heartening speech on her undying love and respect for Baphiring. She pleaded and urged the community to love their incumbent Kgosi, and to open their hearts for him when he pays them well wishing visits at their homes. She said the spread of beauty can only be possible when there is love at home.

On behalf of the Rustenburg Local Municipality, Member of the Mayoral Committee, Councillor Olga Chauke promised to urge the powers that be, to declare the grave of Reverend Morrison, the American priest who established the AME church in Luka, and who is buried in the local graveyard (Lotia-Phiring) next to Kgosi ya Baphiring, Kgosi Ramotse Stuurman Mekgwe, as a heritage site.

The inauguration ritual involved the handing of a spear and a shield to the incumbent Kgosi by his rangwane (younger brother to Kgosi’s father). Symbolically, Kgosi would use the spear to attack community enemies and to defend the community using the shield.

In his acceptance speech, Kgosi Mekgwe promised to have an open door policy, and to consult with the community Council on all matters concerning his administration. He thanked the presence of Magosi and wished for stronger working relations amongst them going forward. Kgosi Mekgwe reiterated his commitment towards the community’s restitution claim for its ancestral land which includes Doornspruit 106JQ, Turfontein 262 JQ, Doornspruit 84JQ. Kgosi invited all 17 dikgosana of Kgotla-Kgolo ya Phiring to work together, and promised to launch a challenge that they be enrolled for service allowance (salaries) when serving as headmen. In conclusion, Kgosi wished for peace and rain.

Bame Mokgatlhe, thanked Baphiring for the gracious ceremony, and promised to urge his family, Kgotla ya Kgosing to support Baphiring in their quest for justice and land restitution. He said that there was enough for everyone in the Bafokeng to benefit from the Bafokeng wealth, and that it was improper for Kgosi to rule by himself without consulting with his family and the land buyers. He gave an analogy that when a three feet pot sagged on one leg under the heat of fire, it would eventually fall and all its wealth spilled for no one enjoy. He said that Bafokeng Kgosi and Kgosi Mekgwe himself, as heads of their constituencies, could not rule without the neck (Kgotla ya Kgosing/community council) and the body (being the communities at large).

In closing the ceremony, the former acting mayor of the Rustenburg Local Municipality, Mr. Phistus Sebedi Mekgoe, thanked all for coming, and urged the attendants to clap their hands for the conspicuous absence of the Bafokeng tribal Council who were invited to the ceremony, but never bothered to send an apology for their non-attendance.
The community clapped! The brass band rendered a national anthem, and the ceremony dispersed for festivities.

Mogono is robbed of a gallant, humble servant

Mogono youth found it strange that the late Tshepo Mputle, a tireless social and community activist, succumbed to a mysterious headache, at the time that the Mogono Community and the Mputle Family are opposing the Royal Bafokeng Nation’s (RBN) court application at the Mafikeng High Court. It is not strange to some, as another senior Councillor pointed out, that Tshepo had recently developed an ‘uncooperative’ tendency within the RBN Council, staging walk outs in some Council meetings he was not happy with.

Tshepo, an elected RBN Councillor for the Northern Region led the most difficult of the four regions, termed the ‘rebels region’. The region comprises of Luka, Mogono, Chaneng, Rasimone and Robega. Rapetsana, Head of Dikgosana in the Bafokeng Council, noted at the funeral, that Tshepo passed away at a time when they were both to embark on a programme to ‘work’ on the region.

The Mogono community remembers Tshepo for his active role in the Kgotla affairs, and for chairing a community Kgotla in around 2005/6 when Richard Spoor consulted with the Kgotla on their land, mining and environmental issues against Bafokeng and Impala mines. Tshepo was among a Kgotla delegation that travelled to the Department of Minerals and Energy’s offices in Klerksdorp to submit an objection by the Kgotla against Impala Platinum mine’s application for their new order mining rights. Tshepo Mputle was actively involved in the preparations for the inauguration of the late Kgosi Mogono, who was also very fond of the young Tshepo’s resilience. Kgosi Mogono passed away (also under mysterious circumstances) after serving only a year in office and having expressed his support for the community’s land restitution.

Following Tshepo’s funeral, Kgotla ya Mogono took a resolution on the 21st February 2010 to challenge the Application in the Mafikeng High Court by the Royal Bafokeng Nation to transfer and register the community’s farms: Klein Doornspruit 108JQ (Mogono) and Hartbeestspruit 88JQ (Melloe) into the name of the Royal Bafokeng Nation. The community wants the farms transferred and registered in the name of the community.

Tsitsing Community can administer its own land

Three kraals/families of the Tsitsing community lay claim to Bierfontein 120JQ and Welbekend 117JQ. The families are incensed by the Mafikeng High Court order which granted (if there are no valid objections) transference and registration of the community’s farms in the name of the Royal Bafokeng Nation. The families claim to have previously stopped one project earmarked for a filling station on their land. They claim the Royal Bafokeng Nation had blessed the Project without consulting with them first on how the community was to benefit from the project.

Phillemon Khunou added that, there has been mining projects on Welbekend by Impala Platinum which the community has not been consulted on. “We want the title transferred and registered in the community name so that we are able to manage our own lands and just like those other communities like Mamerotse and Tantanana who are currently managing their own land through Communal Property Associations’. ‘We want to manage and administer our land for ourselves’, he emphasised. ‘The Bafokeng were initially afforded a fudiciary duty to administer our land for us, and not to benefit from the land and at our exclusion. The community of Tsitsing must be benefiting from their own land, and not the Bafokeng in Phokeng’, Phillemon, having been active in local politics since childhood observed that the recent ‘100 days to the 2010 World Cup’ celebrations were brought to Tsitsing Stadium during the time the Court Case was being heard in Mafikeng. ‘The community was not aware that there was a Court case going on in Mafikeng, they were brought this 100 days celebration event to distract them from seeing the real picture that their land was being transferred’, he fumed.

Photsaneng Land Claim will be finalised

At a meeting held at Bleskop on the Makgatlha family in Photsaneng instructed their representatives to challenge the Mafikeng High Court application by the Bafokeng Royal Nation to have their land, Klipfontein 300JQ registered and transferred in the name of the Royal Bafokeng Nation. The family endorsed the submission done by the Bafokeng Land Buyers Association who opposes registration and transference of all the 50 + 11 farms until the claims by all the communities have been resolved. Interestingly, the Gauteng Land Claims Commission, who gazetted the Klipfontein 300JQ community land claim in June 2008 is also opposing the Bafokeng application. The family intends approaching the Land Claims Court to intervene to the slow and uncoorporative service by the Commission in expediting their claim. ‘The Bafokeng, by taking the matter to the Mafikeng High Court is simply applying a delaying legal tactic, distracting progress on the gazetted claim possibly through the Land Claims Court’, says Thusi Rapoo, family representative and organiser of the Bafokeng Land Buyers Association.

‘We will thrash out the case in Mafikeng and continue steadfastly to have the Commissioner and the Land Claims Court to finalise our gazetted claim’, he said assertively.

Some are benefiting from the Bafokeng….

Marakana-


The community of Marakana (Mosenthal) has the strongest evidence that shows that they bought their land Tweedepoort 283JQ to the exclusion of the broader Bafokeng ‘tribe’ and for their own exclusive use, Missionary PH Wenhold states it clearly in his affidavit that the farm was bought by the community which was then under the leadership of Modisakeng, Mogajane Mahuma and Mogoboa. Concerned community members who have approached the Bafokeng Land Buyers Association for assistance, are worried that some members of the community are afraid of coming out in support of the claim. ‘Some are benefiting from Bafokeng while others are simply afraid of witchcraft and dying’ said one of the members.

Will the Zuma administration give us our land back?

Asks Gash Nape

As committed as ever on their land claim, the Thekwana community converged once more on the 07th February 2010 to give a clear mandate to the representatives to oppose the Mafikeng High Court application by the Bafokeng Royal Nation. The representatives were offered a choice to consult lawyers of repute to challenge the Bafokeng including the Legal Resources Centre. The representatives have since approached the Legal Resources Centre who has officially taken up the matter, and will once more represent the community. The LRC was approached since it represented the community before and is therefore familiar with the community claim. The LRC was also approached for their impeccable record in assisting poor rural communities with their land claims.


We requested the LRC not only to oppose the application in Mafikeng, but also to lodge a counter-claim with the Land Claims Court. We want to see our claim finalised and our land registered and transferred in our community name.


We had hoped that we would have achieved that by now in this year, 2010, It is however clear that there are people working tirelessly day and night and behind closed doors to ensure that our community does not get the land of our forefathers back. They want to continue to reap the mining benefits, mining irresponsibly, while we suffer under terrible living conditions.


The government of President Mandela and President Mbeki have since passed without help. It is now Zuma in office, we await to see what he will do for us. His Minister has been indifferent to our plight so far.

Mokgatle Family Lodges their Claim

The descendants of Petrus Mokgatle, have instructed lawyers to oppose the Royal Bafokeng Nation’s application in the Mafikeng High Court, Case no 999/08 in which case the RBN seeks to transfer the family’s farm Zanddrift 82JQ into its name. The family is opposed to such transference. The 1906 Lagden Commission report shows evidence given by Petrus Mokgatle himself, testifying that he bought the farm for himself.

Status on the Land Claim Process

On the 10th December 2009, the Judge at the Mafikeng High Court ordered that all the communities listed in this newsletter including the Setuke Family, the Mputle Family and the Bafokeng Land Buyers Association, submit to the Court before the 26th February 2010, their application to be accepted as intervening parties and to show cause as to why their application should be accepted by the Court. By agreement, the deadline of the 26th February was extended to the 26th March 2010.

The Legal Resources Centre, acting for the Bafokeng Land Buyers Association and some of the abovementioned communities is expected to submit affidavits to oppose the Bafokeng application.
Following the application by the intervening parties (i.e the Association and others), a ruling should be given shortly as to who will be accepted as intervening parties to the litigation on the matter.