The North West Legislature rejects the Traditional Courts Bill

Find BLBA submission to the NW Legislature on the draconian Traditional Courts Bill [B1-2012] here.

See the media statement released by the North West Legislature here: http://www.google.co.za/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&ved=0CEwQFjAA&url=http%3A%2F%2Fwww.nwpl.gov.za%2Fpublic%2Fuploads%2Fdocuments%2FNorth_West_Rejects_Traditional_Courts_Bill_2012.pdf&ei=DVO_T4nkEMa0hAfhw-WDCg&usg=AFQjCNE7XYOCpvr5gsixoHd9x79OsuGdxg&sig2=O2xRzMZa3xJy1SCe5FjC0g

RBN unplugged

This LRC Summary of the land struggle against the Royal Bafokeng Nation is a must read for anyone interested in the RBN land saga, and how it impacts on the livelihoods of the poor communities forming the Bafokeng 'tribe'.

Tshasa March 2012 is out for those without internet access

Here is Tshasa March 2012 

Update on the Bafokeng chief’s court application to have Bafokeng communities’ farms registered in his name

The RBN has indicated that they are finalizing their Replying Affidavit, and that they await a report from their expert. They expected to meet with their Advocate on 02 April 2012 and will give a date for submission of their Replying Affidavit shortly after the envisaged meeting. BLBA also intends submitting Supplementing Affidavits to beef up their case.

Kgale Village in Bafokeng rejects prepaid water meter system

'Ba ithare re difofu. Baagi ba Luka ke kgale ba bua gore bona gaba kitla ba duela metsi ka gore meepo e kgotletse metsi a bona mme meepo ebile ya dumela gore e tla ba fa metsi mahala. O Semane ga a batle meepo e re duelela metsi’. ‘Chelete entsi ya Bafokeng yona e dira eng? Ge madi a prepaid a fela, metsi a itswalla. A batho batla nna ba sena metsi? Ga aile go dirisa Kgale jaaka di-example or di-guinea pigs go tsenya di-prepaid meter tsa gagwe, tse le gona re sa itseng gore tendara ya teng e tswile jang. E filwe mang?’- correspondents.

North West rural communities are squaring-up against the Traditional Courts Bill

North West community leaders held three workshops to consider the Traditional Courts Bill which is currently out for public comments. Discussions on the Bill have been robust, with many depicting the brutal oppressive state of traditional governance they are subjected to in their rural communities. Communities insist that many Chiefs are not fit and proper to preside over (traditional) courts, and that the traditional courts bill should not be enacted whilst the land claims, which will have direct impact on traditional structures and governance, were still pending.

 Other pertinent points raised against the Bill are that:

1. The Bill is gender biased and discriminatory against women since the role of women in  traditional structures is not fairly treated;
2. The Bill denies accused/defendant/respondent parties the right to legal representation;
3. The Bill does not afford accused/defendant/respondent a choice to litigate in other judicial structures (eg magistrates courts);
4. The Bill empowers the chiefs to impose unlawful sanctions or punishments like ‘lepasha’ (working for the chief or community without pay);
5. The Bill does not recognize other traditional dispute resolution structures at dikutle (community) level;
6. The Bill will endorse and empower, disputed and apartheid imposed chiefs onto communities;
7. The Bill does not provide adequately on the need to assess the fitness and competency of the chiefs to hold public office like the traditional court;
8. The Bill does not afford land claiming communities a choice not to be subjected to traditional courts; and
9. The Bill does not take into account the disputed traditional authorities, land restitution process and current territorial disputes

 The North West public hearings are scheduled for the 18 May 2012, 10am at Tlhabane Hall.

‘Why are rural communities sent to a township to discuss a Bill that impacts on rural traditional customs?’, asked concerned community leaders from Tsitsing village.

Lefaragatlhe say NO to relocation, NO to Anglo’s open-cast mine project

‘Ga go tshamekelwe ko Lefaragatlhe’ warns Mosime as the community of Lefaragatlhe on two separate occasions chased Tshepi Tlhapane, Anglo Platinum, Kenny Mokate, Magosi Tumagole and Leruo Molotlegi out of the community. The Bafokeng leadership had on the first occasion convened a community meeting to unveil Anglo Platinum’s open-cast mine project. The project would effectively relocate a number of households who have built their houses on top of the platinum reserves. In a later occasion Leruo ‘came to impose a chief’ on the community. ‘Why basare batho ba tseye dipeke or digandaganda ba ikepele platinum ya bona. Sa bona ke go lwantsha batho ka go itlhomela kgosana ya bona ya ee baas gore atle a bafe platinamo ya rona’, Mosime a bua a galefile.

The Mourning of Human Rights Day in Bafokeng

The Bafokeng Land Buyers’ Association hosted a delegation of 40 South Americans as they mourned Human Rights Day here in Rustenburg. Kenya, Chile, Colombia and other countries, including Canada, were represented.

The visit sought to share information and experiences, and celebrate Human Rights day with communities endangered by extractive industries. It so happened that the visit, termed the Learning Route, coincided with the meeting of African Union’s Working Group/Commission on Communities faced with Extractive Industries which took place on Thursday 22^nd March in Pretoria.

 Henk Smith, Wilmien Wicomb and Sayi Nindi of the Legal Resources Centre presented the legal challenges that the rural mine-hosting communities are facing. They explained the evolution of the South African legal framework relative to customary law, its inadequacies from its colonial predecessors to the current Constitutional dispensation.

Dr Gavin Capps, an expert on tribal landed property, explained the convolution of the mining complex, the State and the tribal system as it impacted on the Bafokeng communities since the difacane. To guarantee and safeguard foreign ownership and control of land and the platinum mineral reserves in the Bushveld Complex, the two sectors are strategically centralized at the National offices.

 ‘In fact all legislation having a bearing on mining and land ownership are centralized at National offices. This effectively dispossesses communities and Municipalities of all control over their natural and heritage resources, and places such control and ownership into, and to the benefit of the multinational conglomerates and their imperialist nations’, added Monty Huma .

The visitors arrived in Rustenburg to a warm welcome by members of the Bafokeng communities. Phillemon Khunou of Tsitsing, Gash Nape of Thekwana, Mr Makhubalo of the Setuke Family, Buti Mekgwe of Baphiring baLuka, all painted a picture of the hardships they have endured overtime against the colonial/apartheid regimes, who established, promoted and protected the Bafokeng chieftaincy’s illegitimate rule over their villages. They alluded to their loss of land to the boers and the Bafokeng chief Mokgatle from 1869 to 1908.

Following the footsteps of the State’s charade of dispossession, the platinum mining companies have been worse, sophisticated, rampant and brutal.

Michael Mmope, Thulare Mabule and Chris Senne of Chaneng village described how Anglo Platinum and the Bafokeng chief, through their Royal Bafokeng Platinum mine treated the Chaneng land owners. Those whose livelihoods depended on the ploughing and grazing fields had to make way, without compensation, for the mine’s Styldrift project. Migrant mine labour has overcrowded  social amenities in clinics and schools. Crime has escalated and the mines continue to blast cracks in the local building structures.

‘We are faced with the same problems in Chile and Colombia. South African mining companies are starting new projects in our areas and have shown absolutely no respect for our rights’, said the PROCASUR delegates, and representatives Maria Araya and Pilar Alberada.

Land Buyers’ Association, Chaneng Community, Setuke Family, Dr Gavin Capps and the Legal Resources Center were all awarded certificates of appreciation and recognition. In presenting the certificates, the Deputy President of Ford Foundation appreciated the resilience of the poor rural dwellers, and pledged to give support to the communities.

Chris, Jan, March, Tsholofelo, and Phistus  led the slogan song ‘siyaya’ , as they resigned their Human Rights day.

Royal Bafokeng Platinum Blast Chaneng Residential Houses Open

-'Tshasa' March Motene

 In the early hours of Wednesday 07/03/2012 a terrifying blast from Royal Bafokeng Platinum mine operations woke most of the Chaneng residents up. Unfortunately, one community member of Ramogotsi Section woke up to find the outer wall of his house collapsed due to the horrific blast.

The traumatized owner of the house is in distress as he does not know where he will get the money to fix his house and his household properties open to the public, and probably thieves. The poor father has even placed a zinc washing bath to fill the gap left by the collapsed wall.

The community of Chaneng has complained several times in the community meetings about this blasting caused by the Royal Bafokeng Platinum mine, whose leader is the Bafokeng chief. Leaders of Chaneng youth have tried engaging the mines and the chief about this blasting that leads to cracking of the houses. Their complaints fell on deaf ears. Now that a wall has collapsed due to this blasting, who should take the responsibility to fix the fallen wall? Is the Public Protector, Thuli Madonsela, or the Human Rights Commission not interested in such abuses against the poor community of Chaneng?

‘O nyala leng?’ questions as Luka community is once more tricked and tamed with job promises

A number of people had raised concerns about Luka 13 meeting Leruo Molotlegi, chief of the Royal Bafokeng Nation on Tuesday the 13^th March 2012. People felt that the Luka 13 were being silenced with easy promises before the annual Dumela Phokeng meeting that was held at Thethe High School this past Sunday 18-03-2012. It is reported that an agreement had been reached in the Tuesday meeting for Leruo to secure a number of jobs for the Luka youth with the local Impala Platinum mine.

‘It is this master stroke that paved an easy way out for Leruo at the Dumela Phokeng meeting. As if nothing happened in Luka village when the 13 were arrested and detained for a week, Leruo came out scot free at the Dumela Phokeng meeting with frivolous questions like “o nyala leng?” (when are you getting married?)’, complained one Luka community elder.

In the meantime the same Luka 13 will face the Magistrate on the 11 April 2012 for public violence caused mainly by the past indifference Leruo had shown against the general community of Luka.  

Jubilation as Luka 13 is released

Luka 13 got released today on free bail with a warning that, they will not engage in illegal gatherings and activities leading to damaging of property and also that, they should not disturb the peace in the community. They will appear again on the 11^th of April 2012. The community came in numbers to show support and solidarity with their young members who have been incacerated since the 1st  March 2012 for blocking the entrance to Luka with burning tyres. Their charge was public violence.

‘Kgosi Leruo Molotlegi o tshwarisitse bana ba Luka’

The 13 arrested appeared briefly on Friday 02 March 2012. They were remanded back in custody to reappear again on the 07^th March for bail application. Bail is estimated at R1000 a person. ‘Kgosi’s actions instigated the arrests’.

‘E rile rele ko logato ka mantaga wa 27 Tlhakole 2012 reile go batla dikarabo tsa dikopo tsa rona tsa ngwaga oo fetileng ka Sedimonthole, Magosi Tumagole le Kenny Mokate ba re Kgosi a ka se re bone. Ba bua gore ebile bona gaba dire ka tsa ko mmaeneng’, go anela motṥha wa ko Luka ka khutsafalo, mo kopanaong e eneng e rulagantswe go atlhatlha go tshwariwa ga bana ba Luka ke masecurity le mapodisa a Phokeng ka Labone wa 01 Mopitlwe.

‘Ka labobedi raya ko Civic Centre go ya go batla goitse gore Bafokeng ba dira eng gore bana ba Luka ba thapiwa ke meepo. Kenny Mokate a baya mogala mo loudspikareng gore reikutlwele karabo ya Impala. Mmề wa ko Impala o buile straight are Impala eka se hiri bana ba ko Luka. Ka Labone bana ba dirile se ba se dirileng, ba paraga matseno a Luka’.

‘Ge Kgosi a kabe a direla morafe, bana ba kabo ba sa gwanta batshariwa. Mme ebile baabedi ba bona ba pregnente’. Ba ba tshwerweng ba tlhageletse fa pele ga Magistrata ka labotlhano 02 Tlhakole mme kgetse ya bona ya busetswa morago. Bana ba boetse tṥhankaneng mme ba tla tlhagelele gape ka laboraro wa beke e e latelang go tla go kopa beili.

Baagi ba ne ba tṥhakgeletse ketedipele ee bokowa ya motse. ‘Ge ketedipele e e itshwere yaana, ga gona ka moo e ka fenyang meepo. Moepo wa Impala ge o kare o go bona o kare o botlhalenyana, ya go tsaya e go ntsha mo baaging, that’s why re tlhola re sena ketedipele e e nonofileng. Mmaene wa re tella. O tlabe wa tsamaya re sa tshwara sepe’.

Morago ga go badiwa ga di memorandum tsa motes tsa May 2003 le January 2010 tse di amogetsweng ke meepo, baagi ba ne ba rulaganya go kolekiwa ga madi a beili ya ba ba tshwereng e e kana ka R13000.00. Ba bangwe ba baagi ba ntshitse di R100 go thusa ka beili. Go tlhopilwe komiti ya beili.

Impala riots spills over to nearby Bafokeng Luka Village, Rustenburg

The Anti Bafokeng Repression Campaign in Luka village near Phokeng Rustenburg has joined the retrenched Impala workers in a violent march against Impala Platinum mines and the Royal Bafokeng nation. A huge contingent of police was deployed this morning around five to dispel an angry crowd which had blockaded the railway line and the entrance to Luka village with stones and burning tyres.

Both the Executive Mayor of Rustenburg Local Municipality and the Bafokeng chief have recently refused permission for Bafokeng communities to stage march demonstrations.

Last week during the retrenchments riots by Impala mine workers, Impala and Bafokeng security companies where seen firing automatic weapons at the angry crowds. Twelve community members were this morning arrested and are detained at the Phokeng Police Station.

“We are tired of the Bafokeng Chief. One woman resident in Luka village was stabbed by angry mine workers on her way to work. We tried talking to Bafokeng chief on Monday about the impact of Impala mines on Luka community. The chief refused to talk to us and the Bafokeng security chased us away”, said Anti-Bafokeng Repression Campaign coordinator Matlantla Mekgwe as he was whisked away in the back of a police van.

Contact Phistus Mekgoe of Anti-Bafokeng Repression Campaign at 071 962 7696 for further information.

Bafokeng chief adopts 43 public schools

Looks like the ‘richest nation in Africa’ is quickly losing popularity with its people. If they are not relocating communities for new mining projects, they impose their puppet chiefs onto vulnerable communities. Their public image is very well doctored, always praised for caring for their peoples’ needs. The shocking contrary is true.

Since 2009 it was rumoured that Sue Cook and Bafokeng chief were planning to take control of the public schools around the “Royal Bafokeng Nation”. It was announced on the 04th February 2012 that all 43 schools in the Bafokeng territory have been adopted by the Bafokeng. The Bafokeng will invest R450m in infrastructural maintenance of the schools, (period unknown). On average R10m for each school.

The real concern amongst teachers and communities begs on whether government  has relegated its responsibilities in favour of privatisation of public schools. What was wrong with government receiving R450m grant sponsorship from the Bafokeng instead of outsourcing their responsibilities? Has there been a service level agreement signed? Is this agreement authorised by various community councils (makgotla)? Will there be equitable or equal allocation of the budget amongst all Bafokeng schools? Will the Bafokeng impose their questionable ethos into the school curricula? We have read of the recent racist practices at the Lebone II school and how kids are turned into guinea pigs.

Lebone II gets all the attention from the Royal Bafokeng family. It is allocated well over R10m per annum. The school fees are discriminatory, with a huge number of elite Johannesburg and Botswana  learners seen registering during the January registration period. It is rumoured that those learners who graduate from the school, able to recite praise poems to the Bafokeng chief, will qualify for Bafokeng citizenship, with plum jobs in Johannesburg-based, Niall Carroll-led ‘Bafokeng’ institutions . Despite all the attention, the learners’ school results have so far been disappointing, while their counterparts at ‘government schools’ have excelled.

It is certain that the spin doctors led by Suzan Cook, Adolph Zietsman, Niall Carroll and George Harris, will continue with their separate development project for the Bafokeng people, paying much attention to the elitist Lebone II, and allocating meagre budgets to ‘government schools’. ‘After a public furore over the Lebone II project, the deceiving R450m investment could just turn out to be another extravagant public image exercise. It is also a power stunt.. the tail wagging the head’, poked the local social activist, Thusi Rapoo. ‘The Bafokeng is renowned for controlling the gullible local organs of state, under the watch and auspices of the Provincial and National Governments’.

Leruo Molotlegi Visits Kgotlakgolo ya Chaneng

Leruo Molotlegi of Bafokeng made an urgent visit to the Chaneng community council (lekgotla) on the 04^th February 2012, after a four year absence. The Community came in numbers hoping to hear for themselves what the meeting was about.

As the meeting started, a member requested the agenda of the meeting as ‘no one knew what the meeting was all about’. Instead of responding to the question, the chairperson insisted rather that the community raise their concerns. When issues were raised, the Chairperson started interrupting the speakers, forcing them to speak his way. The community got out of control, expressing their dissatisfaction.

Leruo was guarded by his heavily armed security company. He also brought with him his photographers, who were up and about taking (video) pictures. The intimidating security also refused the Community to use their cell phones to take (video) pictures. The Community was unsettled and afraid to talk. Smelling a rat, the elders warned the youth for restrain, concerned that their children would again be arrested.

The Community was disturbed by the headman’s wife (Mmakgosana), who opened a case against the Secretary of lekgotla. The Secretary was detained at midnight by the police, who were accompanied by Mmakgosana. She (the Secretary) left her critically ill husband behind with the kids, to spend a night in jail.

Mmakgosana had falsely accused the Secretary, claiming that the Secretary had forged her husband’s (the headman’s) signature. Lekgotla sought legal representation for the Secretary, and accused Mmakgosana for not following proper procedure. Lekgotla insisted that, in terms of lekgotla custom, Mmakgosana should have brought the matter to lekgotla before opening a case at the police station.

Taking his stand, Leruo told the community that “le bua ditlontlokwane”, meaning the community was talking rubbish. Adjourning, the community left the meeting deeply humiliated by Leruo’s words.

‘This is why we are against the proposed Traditional Courts Act which says the chief, or his nominee, must be the judge at the tribal court.  How can a chief who does not care about, or who does not know how to talk to his people be a judge at the tribal Court? I won’t be surprised if he appoints his mother to be a tribal judge!’ cautioned March Motene, a local community activist.