Mr Rapetsana, a key witness for
RBN, testified that the Kgotha-Kgothe (Bafokeng general assembly) is not the
highest decision making structure of the RBN, contrary to the RBN chief’s
previous submissions. Mr Rapetsana who metaphorically scored a number of
magnificent own goals, was grilled in a witness box for a period of four days.
Shimane Phiri, a community activist
from Thekwana exclaimed sarcastically: ‘He stole the show for us, our star
witness!’
Mr Rapetsana testified that it was
not necessary for the Bafokeng Supreme Council or the chief to have consulted
with the communities when lodging an application in 2008 at the Mafikeng High
Court to have some 61 farms held by the Minister of Land Reform and Rural
Development in trust for the Bafokeng tribe, transferred and registered in the
name of the RBN. The communities opposed the application and claimed that the
chief was not properly authorised; that the chief committed and ought to have
consulted with them; more so that the affected land was in dispute as
communities claimed the land to be theirs and not RBN’s; and therefore that
registration of title deeds should be made in the individual communities’ names
and not the RBN’s.
The communities had in the previous
week launched a notice with the Court, of their intention to challenge the
constitutionality of the RBN’s actions in terms of Rule 16A.
The star witness Mr Rapetsana, was
cheered by the Bafokeng ‘tribes’, the communities, when he contradicted and
refuted claims by his fellow expert witness, Prof JC Bekker. Prof Bekker had
claimed in a witness statement that he
had recently met with Mr Rapetsana, Mr Setshedi and Mr Eric Nkele who informed
him that consultation with communities had taken place. Mr Rapetsane denied
having met and discussing the case with Prof Bekker.
On a question of whether the
Bafokeng Supreme Council, a customary structure, was competent to authorise the
chief to lodge the main application, the Judge made a statement in passing that
the Supreme Council could possibly confer unto itself certain statutory powers
from specific legislation, as long as those powers are not expanded.
The communities claim the Supreme Council
is an arbitrary structure; manipulated by the chief; to pass important
decisions without quorums, meaningful debate or consultation; and that the
Supreme Council have usurped the powers of the statutory Traditional Council,
and arguably also that of the Kgotha-Kgothe.
