12 December 2013

The Bafokeng chief to have his day in court

Judge Landman at the Mafikeng High Court has ordered today that the Bafokeng chief prove, at a trial date to be set, that he had proper authorisation to have 61 farms registered in his name. Some of these platinum-rich farms have been claimed by various communities forming the Bafokeng 'tribe'.

The trial will determine if the Bafokeng Supreme Council indeed authorized the chief to lodge the Application, and if it did, does the Supreme Council itself have the power to give such authority. The trial will further determine if the Kgotha kgothe meetings of July 2006 indeed overturned the authority of the Supreme Council.

Note should be taken that both the Bafokeng Supreme Council and Kgotha Kgothe structures are unique to the Bafokeng, and are not regulated by any statute. Only Traditional Councils are established and regulated by statute, the Traditional Leadership and Governance Framework Act.


The LRC is more qualified to explain the implications of the ruling.
 
In brief, we got the relief we sought that firstly, the chief must prove that he was properly authorised to have Bafokeng land transfered and re-registered in his name rather than with original landbuying native communities settled in early Rustenburg. We are confident he was not properly authorised, an argument now referred to a trial hearing on a date to be arranged. Should it be proven that there was no proper authorisation, RBN's main Application will also fall.
 
Secondly, RBN must now pay our enormous legal costs in the main Application incurred after we filed our Notice to oppose.
 
The legal implication here is that soon after the Applicant/RBN became aware of opposition, they should have immediately converted motion proceedings to action/summons proceedings.Instead they got us to incur unnecessary costs answering their papers,only for them to abondon the motion proceedings.
 
The costs order here is punitive.
 
Eventually, the main case must also still go to trial.

See judgment here: Judgment on Rule 6(5)g and Rule 7 Applications- Case on attempted land-heist by Bafokeng chief

02 November 2013

The collapse of the Royal Bafokeng case at the Mafikeng High Court

The case on the attempted ‘land-heist’ by the Royal Bafokeng Nation’s (RBN) chief to have 61 farms around Rustenburg registered in his name has finally been heard before Justice Landman at the Mafikeng High Court.  Three interlocutory cases were heard over the two days of 31 October and 01 November 2013.

The first one dealt with the RBN’s Rule 6(5)g application that the matter be heard through trial proceedings instead of motion proceedings. However, the respondents, who are communities forming the Bafokeng ‘tribe’,  says that this new application is late in that the respondents have, through their intervening and answering papers, already incurred enormous costs in responding to well over 5 000 pages of the RBN’s founding papers and that the case should thus not be referred to trial, but instead be dismissed with costs. The RBN should have withdrawn the case as soon as it received Intervening (opposing) papers from communities. RBN should not have delayed and later demanded that communities file their Answering affidavits. Again, the RBN was well aware from the onset that there would be disputes of fact in their main application, and therefore that the right procedure they should have followed in lodging the case should have been through summons and not motion/application proceedings. RBN’s ludicrous claim that they were not aware of other claims on ‘their’ land, and that they did not expect to be opposed was contradicted by clear evidence presented, showing that the RBN was in fact aware.

Members of the Bafokeng communities from various Bafokeng villages were at pains to contain themselves from the absurd weak presentation by the RBN’s Advocate Mark Antrobus’ opening argument on the matter. ‘These RBN lawyers are just wasting and siphoning our tribal monies. They are taking advantage of our gullible chief. The chief is playing with tribal money on this useless, indefensible case. He plays with our money as if he didn’t have toys to play with as a toddler’, said Land Buyers’ Association chairperson Lucas Mekgwe. ‘These RBN lawyers are simply undermining the legal profession and insulting the intelligence of Geoff Budlender. How much has the chief paid them already? Can’t he learn from the embarrassing blunder he made with paying billions to Niall Carroll?’, he added.

The Legal Resources Centre (LRC) team led by Advocate Geoff Budlender, appeared for the Bafokeng Land Buyers’ Association, the Thekwana Community and the Setuke Family. Adv Budlender was annoyed by the amateurish, unprofessional practice by the RBN’s legal team to present new disputes during argument, when they should have made written submissions and arguments in their papers.

In the second matter, the Rule 7 application, the LRC and the communities contend that the Bafokeng chief and his Supreme Council did not have the power nor the authority to approach the Court to have the farms registered in the chief’s name. The Judge questioned the Bafokeng lawyers on which law they relied on by claiming the chief was properly authorized. The Judge hinted that traditional authority is governed by statutory law, in this case the Traditional and Leadership Governance Framework Act (TGLFA) and not necessarily by customary law, which must however be noted. The argument is that the TGLFA regulates and provides only for the establishment of the Traditional Council, and not the Supreme Council or Kgotha-Kgothe. The latter two are therefore strange, extra judicial and undemocratic structures created by the Bafokeng chieftaincy and not by statutory law. It is probably therefore the Traditional Council not the Supreme Council or Kgotha-kgothe, after having consulted meaningfully with affected persons and claimants, that should have given the chief the authority to lodge. No such consultation ever took place during and after the passing of the disputed September 2005 Supreme Council resolution. If however there was such consultation, the Supreme Council’s decision was still overturned by communities’ opposition during the 29 July 2006 Kgotha-kgothe meeting.

The third Stay Application was postponed until further notice. The communities (LRC) contend that the whole case be suspended until promulgation of a new law by Parliament as directed by the Constitutional Court in the CLARA case. The new envisaged law will determine how traditional communities should be governed.

Judgment was reserved. The communities are hopeful that judgment will be delivered within three months.

In an interesting twist of events, it is reported that the State has now lodged papers to oppose the Bafokeng chief in the main case. The communities have lodged a petition with Parliament, SCOPA and the Public Protector to have the chief deposed. The communities claim the chief is unfit to rule, an agent provocateur, and that they have thus lost trust and confidence in him.

08 October 2013

Transport to the Mafikeng High Court trial hearing 31 October and 01 November 2013

All those wishing to attend the Mafikeng High Court hearing on the land claim case number 999/08 on the 31 October 2013 should register their interest with their following community coordinators:

1. March Motene at Chaneng- 082 680 8803
2. Lucas Mekgwe at Luka- 083 740 9297
3. Phillemon Khunou at Tsitsing - 082 718 1914
4. Gash Nape, Monty Huma, and Michael nape at Thekwana
5. City and Irish Rapoo at Mogono- 078 709 1251 and 073 699 5463
6. Sonny Senne at Kgale - 082 9619185

Otherwise people can simply register their interest at the BLBA office in town by contacting Thusi Rapoo at 073 443 5699 after 4pm.

Transport cost is R250 return and should be paid before 4pm the 28th October 2013.

If you are travelling in own car, let us know so we could direct others for a lift with you to help with travel costs.

Please indicate also if you will be willing to sleep over for an extra R150.00 accommodation cost to attend the hearing on the 01st November.

Departing Venue: Game parking (Cnr Nelson Mandela and President Mbeki Streets).
Time: Exactly 6:30am
Date: 31 October 2013
 

30 September 2013

BLBA adresses Lefaragatlhe and Thekwana communities on Bafokeng land and governance issues

On the 15th September 2013, the Bafokeng Land Buyers' Association (BLBA) was invited as a guest by the Kgotla ya Raphafana at Lefaragatlhe village to come and inform, advice and update the community on land related claims, including the feudal Bafokeng traditional system of governance.

Despite its late arrival at the well attended meeting, BLBA was able to give a broad account of its activities and purpose. The community, led by its proclaimed chief Ernest Setuke, reiterated its firm conviction to their land claim; to approach the NW Premier for the recognition of Setuke as its traditional leader; and to secede from the feudal Bafokeng chiefdom.

Whilst taking questions from the community, the BLBA was interrupted and warmly surprised by the Cope entourage led by its President Terror Lekota.

After clarifying a few questions from the community, the BLBA delegation left for Thekwana village where they found the community busy submitting family trees needed for their land claim.

The Thekwana community lodged a land claim in June 2012 with the Land Claims Court to have their land and farm-title registered in the community name. The community is resentful of the Bafokeng chiefdom and claim to be 'enough' with 'him' (Bafokeng 'chief'). The communities' land claim is a catalyst for cessation by a number of Bafokeng communities claiming historical independence from the Bafokeng.

BLBA further supports the Tsitsing and Tantanana communities in their quest for secession from the oppressive 'Royal Bafokeng Nation' (RBN). BLBA advices the communities to approach the credible Legal Resources Centre for advice and or legal representation. Its important also that the communities elect progressive leadership with the ability and powers to facilitate litigation proceedings.

26 September 2013

Poor Bafokeng communities once more denied their right to protest

Today at around 12pm, about 100 people from various communities forming the apartheid-created Bafokeng 'tribe' managed to march for a kilometer on their way to Phokeng Civic Centre. They were stopped by the Police on account that they did not have authorization for the venue at the Civic Centre and that the 'chief' was not willing to receive the memorandum of demands. The community intended to handover a memorandum of demands to SCOPA NW and the Public Protector.
 
The police were simply non cooperative and were getting ready to shoot at the protesters. After useless timewasting discussions with the police, the people dispersed at 13h30.
 
The angry community members intends to start legal proceedings to challenge the validity of the Rustenburg Local Municipality's requirements/checklist for a protest march.
 

22 September 2013

Protest demonstration against Bafokeng -26 Sept 2013

Protest march: Thursday 26 September 2013; people will assemble at 9am at a park next to the Bafokeng Stadium.

Memorandum will be submitted to SCOPA at 13:30 at Bafokeng Civic Centre.

The memorandum will highlight human rights atrocities, maladministration and brutal traditional leadership by the RBN. The said violations are harshly felt by mine-hosting Bafokeng villages, Bafokeng bursary holders, the elderly, unemployed and displaced communities within and around the Bafokeng 'tribe'.

12 September 2013

Robust action in store against human rights violators

BLBA held a successful annual general meeting on the 01st September 2013. The meeting was well attended and resolved on more robust action against human rights violators (Royal Bafokeng Nation and its mining companies, including complicit organs of State). Please read the 2013 AGM Organisational Report here.

06 August 2013

BLBA Annual General Meeting - 01 Sept 2013

Bafokeng Land Buyers' Association will be holding its AGM on the 01st Sept 2013, 9am, Old Town Hall (Cnr Fatima Bhayat Street and Beyers Naude Drive, Rustenburg, Next to Rustenburg Municipal Building).
 
Community members from land claiming villages that make up the Bafokeng tribe will make presentations about their respective experiences about the Bafokeng governance affecting their areas.
 
Legal Resources Centre will be present to give an interesting update on the hotly contested land claim lodged by the Bafokeng chief in the Mafikeng Case 999/08.
 
Preparations will also be made about the Court hearing scheduled to take place before the year end.
 
As usual, entrance to the AGM is R100 per person which contribution will be towards meals and office costs. Lunch will be served at 1pm. All are welcome to attend.
 
Further information and private arrangements may be obtained from March Motene (Chaneng-083 680 8803), Phillemon Khunou (Tsitsing-071 481 3090), Michael Nape (Thekwana- 073 198 8634), Ernest Setuke (Lefaragatlhe-073 304 7172), Sonny Senne (Kgale-082 961 9185),Lucas Mekgwe (Baphiring-083 740 9297), Thusi Rapoo (Mogono- 073 443 5699).

25 May 2013

Notes on the meeting between the Parliamentary Select Committee on Petitions and the Bafokeng, Bakubung and Bakgatla communities

On the 17th May 2013, the Bafokeng Land Buyers’ Association and the communities of Motlhabe (Bakgatla), Ledig (Bakubung), Chaneng, Luka, Lefaragatlha, and Thekwana made a second round of presentations before the Parliamentary Select Committee on Petitions and Private Members’ Legislative Proposals.

Community members raised a concern about the neutrality of the venue, saying many of them have never set foot at the plush Royal Marang hotel before, that since the hotel is ‘Royal’ it is commonly seen as a guesthouse of the Royal Family, and that the hotel is full of the Royal Families’ spy cameras deployed to identify and victimize community members later. After much deliberation, the Committee members assured communities of their safety, that they were not bought off by the Bafokeng, and that in the democratic South Africa, everyone must be free to go wherever one pleases within the confines of the law, and that as Government, no one will intimidate them. Some members intimated that during struggle times, they organized meetings right in Phokeng to fight the apartheid government.

Mr Gash Nape could not hold back his tears when he related the undue hardships and human rights abuses that he and the Thekwana community have been subjected to at the hands of the Bafokeng and the mines in the democratic South Africa. He said the only land that the Bafokeng clan of Kgosi Mokgatle (current chief’s forefather) has, is the one donated to them by Paul Kruger (referring to Beerfontein). He lamented on how the Bafokeng misuses tribal money (communities’ monies) to fight against the Thekwana community and others.

Mr Ernest Setuke and the community of Lefaragatlhe reiterated on how the chief applies divide and rule tactics to create hostilities in the Lefaragatlhe village. The chief was accused of distorting Lefaragatlhe traditional system by imposing a headman on the community. The illegitimate headman is seen as a lacky strategically placed to sign off mining deals in favour of Leruo Molotlegi. Mr Obed Mokgatle was angered by how people like Cyril Ramaphosa, who served with him as NUM leaders at Impala mines, and the ANC government, have openly neglected and turned a blind eye to the oppressed Bafokeng communities. It was further submitted that in Bafokeng traditions, the Bafokeng chief was said to be unfit to hold office as he was still a bachelor. It is alleged his mother interferes on tribal affairs and is against him marrying as she will lose the ‘queen mother’ title.

Chief Mmuthi Pilane of Motlhabe fired on how Government continue to extend favours and protection to apartheid imposed chiefs. He described on how the North West Commission on Traditional Leadership Disputes and Claims (NWCTLDC) has recently heard the wrongful recognition and misrepresentation of Nyalala Pilane as the rightful chief of Bakgatla. He lamented on how Nyalala despite having been accused of fraud and maladministration, continue to sign mining deals on land that belongs to Motlhabe village. He accused the NWCTLDC of dragging in finalizing his claim for chieftainship, that they deliberately distorted the claim to be that of headmanship instead of chieftainship. Bakgatla warned that if the Committee and Government are not keen on the speedy resolution of the communities’ legitimate claims, that the only option left to them would be to take up arms. They pleaded with the Committee to address the issues before it was too late.

Mr Lucas Mekgwe of Baphiring and Mr Enias Motene of Chaneng described how their communities were forced by the colonial apartheid regimes to subscribe to the Bafokeng chief (Mokgatle) or face slave hardships in boer farms. Baphiring follow a spotted hyena as their totem, while Chaneng village has Ndebele clans whose totem is an elephant. Their claims for land and cultural recognition has been trampled on by both the mines and government institutions, and the chief continue to impose headmen on their communities.

Mr Ignatious Monnakgotla of Bakubung also condemned the mines for reneging on their social labour plans. He said the Bakubung community is mainly affected by Wesizwe Mine whose mine operations continue to create socio-economic ills in the area. The mine claim in its reports to be supplying the Bakubung communities with portable water when  it is not the case. That where there is supply, it would be dirty water.

The crosscutting issues among all these communities, as Noko puts it, is how the Department of Water Affairs allow the mines to operate in the areas without water licenses and how these mines have pillaged the environment without reprimand. He urged the Committee to take drastic measures in the preservation of water in the area, and warned that underground water pollution and dewatering by the mines was catastrophic.

Once again, the communities urged Parliament to freeze the Bafokeng finances and to place the Bafokeng under administration. This so as to facilitate unfettered investigation of the Bafokeng affairs, including its financial mismanagement. The Committee was quizzed on why it is that the Bafokeng is known to be rich, with its chief flying in helicopters and staying in Sandton, when there are many recipients of RDP houses, and bad roads in the Bafokeng.

It was submitted that the covert military operations  in rural host mining communities have been documented by the Human Rights Commission when it submitted a report in around 2008. This was after the State police in Limpopo opened fire on communities’ protest against the blasting of their graveyards by Anglo Platinum. BLBA warned about these operations in their 2008 petition to Parliament. The nature of this security apparatus to be made up of the State police, the tribal police, the mine security companies and the Potchefstroom based Special Task Force or Public Order Police. That their mandate is to suppress dissent by mining communities against the mines and the oppressive state. And this done by declaring a pseudo state of emergency, denying communities their right to protest, arrests and concocted charges of public violence.

The Chairperson, Honorable Nyambi, noted the burning issues to be around the slow land restitution process, claims about chieftainship, security threats, maladministration and the demand for the appointment of an Administrator over the Bafokeng affairs. The Committee indicated that it will follow up with relevant authorities and that the next meeting will be giving a feedback report. Where a need arises for further information, individuals will be approached.

11 May 2013

Petition to Parliament on human rights atrocities in the mine-hosting communities, North West Province

BLBA was invited on the 03 May 2013 by the Parliamentary Select Committee on Petitions to make a presentation on the petition it submitted last year 24 October in Parliament at the NCOP Traditional Courts Bill hearings. As always, BLBA extended the invitation to Motlhabe village who also made a presentation at the NCOP hearings and was similarly advised to petition Parliament.

About 20 community members from Motlhabe, Chaneng, Luka, Lefaragatlhe, and Thekwana made presentations before the Committee on incessant abuses they face since the advent of a democratic State. They cited the slow or lifeless land restitution process to be the cornerstone of all abuses taking place in their areas. The State and its Chapter 9 institutions (Human Rights Commission, Public Protector, Commission on Traditional Leadership Disputes and Claims, Commission for Land Restitution, and the Farlam Commission) bore the blame for failing to come to the assistance of the most vulnerable rural communities in the country. Both Provincial and National Parliaments were also not spared for protecting or being scared of the Bafokeng.

The communities made a further demand that the Bafokeng be placed under administration and that the tribal funds be frozen. They submitted that the brutal continued mining developments taking place on their disputed claimed lands undermine their rights. That mining deals in both Bakgatla and Bafokeng 'tribes', are entered into with chiefs who care less about human rights.

The Committee pledged their commitment to follow up on the petition, that it was multi-pronged and complex, and that it warranted a special visit to the North West.

17 April 2013

Bafokeng still leaderless

So much has happened around Bafokeng since our last report. BLBA held a successful AGM on 02 Sept 2012. See the following report: Organisational Report: BLBA AGM - 02 09 2012

This year marks 100 years since the passing of the segregationist Land Act of 1913. University of Cape Town held a successful conference, the Land Divided Conference, on 24-27 March in commemoration of the Act.

Bruno Seabela, the earstwhile legal guru for the Bafokeng and the Security head, Zietsman have since left the Royal house. This has added to the increasing number of professionals and senior Bafokeng employees leaving the Royal house since the start of RBN’s attempted land heist.  

Bafokeng Head of Research, Suzan Cook was out of character to admit, as reported, that Bafokeng leadership has been negligent on environmental damages caused by mining within Bafokeng villages.

The Constitutional Court has ruled in favour of Mmuthi Pilane, chief of Motlhabe village against Nyalala Pilane. The Court found the Mafikeng High Court to have erred in refusing Motlhabe community permission to hold meetings and discussions about their wish to secede from the broader Bakgatla ba Kgafela ‘tribe’. This is a major victory for North West traditional communities in many respects, one of which is a reprimand of and an acknowledgement of rebuttable decisions taken in a number of cases by the Mafikeng High Court in support of imposed illegitimate chiefs. In terms of the ConCourt decision, communities are free to meet and to discuss if whether they still want to be ruled by the imposed illegitimate tribal authorities or not.

Regarding the Thekwana Community’s application for restitution of their land to the Land Claims Court in Randburg, the Minister, as Respondent on the case, had requested the Court to allow Bafokeng until the 31 March 2013 to lodge opposing papers. The Minister agrees with BLBA and Bafokeng communities’ assertion in the Mafikeng case that the historic, complex land purchases around Rustenburg and Pilanesburg will need a land rights inquiry.
Led by the Legal Resources Centre, BLBA and communities' defense on the Mafikeng case 999/08 is on course. The RBN has conceded to have committed a procedural flaw. To circumvent their mistake, they then lodged a second application based on Rule 6(5)g, that instead of dismissal, that the case should instead be referred directly for trial. The communities are opposing the second application, and want the dismissal of the main Bafokeng application first, with costs. The communities submitted to the Court a further application in terms of Rule 7 to have the Bafokeng chief submit proof, before he goes further with anything on any matter, that he has authorization to bring these cases to the Courts. Without such proof, all cases, including the main one, should be dismissed, with costs.

BLBA has lodged a submission to the Farlam Commission on the Lonmin’s Marikana Massacre. BLBA contends that Marikana is but a symptom of larger problem. BLBA urges the Commission to make findings on the genocidal behavior of mining companies and their ‘tribal’ partners, including the covert security forces on the platinum belt.
The community of Chaneng once again went on the streets in February/March and shut Anglo/ RBPlat’s Styldrift Project. Around six activists were arrested. There are in fact a number of cases on members of the community that are still outstanding. The arrests and charges leveled against community members are seen as a common intimidation tactic by mining companies and the collaborative States all over the world on poor and weak mining communities.

The queen mother, Semane, seem to have lost on her campaign to have Luka communities pay for their portable polluted water. Semane had insisted that she will install prepaid water meters in the villages. It is alleged that since the failed campaign, piped drinking water has been deliberately polluted, with many households now resorting to buying bottled water.
Poverty is an inherent feature in the Bafokeng, despite being declared the richest tribe in Africa with R36 billion in assets. Government has recently provided a number of indigent Bafokeng households, well over 100, with RDP houses.

Over the past weekend, 13 April 2013, Bafokeng’s chief Leruo Molotlegi was told by communities of Chaneng, Mafenya, Rasimone and Robega that they do not want to be part of the so called Royal Bafokeng Nation anymore. Apparently the chief tried to reinstate the Chaneng headman Setshoane who was earlier deposed by the Chaneng community.  Later on the day, at Thethe High School, the community of Luka told the chief that he is a dictator. That he doesn’t even respect his Council as he vetoes their Council decisions. Just when he was about to respond, electricity went off, only for the supply to come back soon after the aborted meeting had dispersed.
There is a planned picket demonstration against the repressive Royal Bafokeng Platinum at their offices at Fourways (Montecasino) on the 02nd May 2013. Details will be made available on our ‘Know Your Past’ facebook group page.