The North West Provincial Legislature and the public have
been misled to think that Mafereka Commission investigated all 102 traditional
leadership claims in the North West Province.
Mr Bagodi Tolo, the Chairperson of the Commission for
Traditional Leadership Disputes and Claims in the North West Province announced
on Tuesday the 14th April 2015 that the Mafereka Commission report, which
investigated 102 claims in the North West Province, was inconclusive.
The two-year long investigation on the 102 claims was
concluded on the 21 February 2013 and the report handed to the then Premier
Thandi Modise in May 2013. The Premier was obliged to make the findings public within
two months of receiving the report. Unfortunately, Commissioner Mafereka died
in November 2013 after a short illness and his report still kept secret.
Mafereka had investigated high profiled disputes among
Baphalane-ba-Ramokoka and Bakgatla-ba-Kgafela traditional communities.
Mr Mmuthi Pilane, whose claim is tied to the land on which
Pilanesburg Platinum Mines operate, and who won a Constitutional Court case
against the tribal chief Nyalala Pilane, was worried that his claim to
chieftaincy, which has to date served before three different Commissions was
being shuffled around to protect highly placed mining interests on the land he
claims.
Mr Pilane said he was shocked that the consultative meeting
with the new Commissioner Molelekeng on Tuesday, appeared to be rehash of the
Mafereka investigation.
‘Mafereka conducted a full blown credible investigation on
Bakgatla disputes. Only me and Merafe Pilane lodged claims for chieftaincy. My royal
family was expecting a report today on that investigation. Instead the
Commission is now bringing unknown persons who claim to be royal family to
dispute my claim long after the Mafereka investigation was concluded. Tlhabane (the disputed headman) failed to make a legitimate
claim at the Mafereka public inquiry. Who is bringing his claim back on board? Somebody
is trying to legitimise his faction through a backdoor’ he queried.
Mr Tolo said only a fraction of the Mafereka claims
were concluded, and he is apprehensive as to when the outcome of the continued
investigation will be presented to the claimants. He indicated that his term of
office is ending before the end of the year.
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