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.

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).

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

On the 17^th 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.

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.

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 02^nd May 2013. Details will be made available on our ‘Know Your Past’ facebook group page.

The Farlam Commission hearings on Lonmin's Marikana Massacre

The Farlam Commission on the Lonmin's Marikana Massacre will start  work tommorrow Monday 01/10/2012 by conducting an inspection on loco at the shooting site at Marikana. The Commission will then move to its offices at the Rustenburg Civic Centre to compile more information and evidence. The Commission has released a media statement calling for anyone with information to approach the Commission at their offices.

The Bafokeng Land Buyers' Association wishes to make this call to the peace loving citizens of Rustenburg, to join the Association and other civil society organisations in calling for a broader, more inclusive diagnosis of 'Marikana'.  The Association believes that Marikana may have started at Luka or Chaneng or Bapong or Motlhabe or Ledig or even in Limpopo. The brutal security apparatus comprising the well armed mine security companies, the State and tribal Police have been covertly deployed around mine-hosting communities to suppress dissent and demonstrations against the mines and the puppet chiefs. All this to safeguard the mines' and foreign investors' interests at the expense of the mine-hosting communities, the workers, human rights and the (natural) environment. Marikana is only but a symptom!

Citizens are invited to add their voices and submit their opinions directly to the Commission or jointly with the Association and other progressive voices at the Rustenburg Civic Centre on Tuesday 8:30am.

Community members from Kanana village, Boitekong, Paardekraal and Tlhabane townships wishing to add their voices with the Association must contact the Secretary below between 5pm-7pm tommorrow 01/10/2012.

Statement released by:

Thusi Rapoo
Secretary: Bafokeng Land Buyers' Association
073 443 5699
30/09/2012

Statement by the Bafokeng Land Buyers’ Association on the Marikana Massacre

The Bafokeng Land Buyers’ Association strongly condemns the silent imperialist code that, ‘even in the Constitutional democratic South Africa, MINERALS MUST BE LOOTED, BY ALL MEANS NECESSARY, AT THE HIGHEST POSSIBLE SPEED, AND THE LOWEST POSSIBLE COST’.

The Lonmin’s Marikana Massacre is no different from the recent Impala Platinum uprising that took place near Luka village. In both uprisings, a number of poor souls and families lost their lives under brutal and dubious security measures. Heavily armed mine security forces opening fire with automatic rifles at demonstrators carrying only stones and knobkerries.

It is argued that the Union conflicts are engineered by the mining companies as they seek to retrench mineworkers in light of the falling (platinum) mineral prices, but more in their quest for mechanization.

A lot of noise was made in the recent past about Rustenburg being the fastest growing town in Africa. The rural villages of Chaneng and Luka, and the semi-urban Marikana fall within the jurisdiction of the Rustenburg Local Municipality. The former two about 30km west of the town of Rustenburg and the latter 40km in the east. Chaneng and Luka forms part of the so called Royal Bafokeng Nation, while Marikana is on state land, a stone throw away from Photsaneng/Bleskop village. The villages have been on the spotlight against the mining genocide taking place in the area.

Since the late 20^th century, with the platinum mineral fetching high unprecedented market prices at $2000 an ounce, the big four mining companies in the area (Anglo Platinum, Impala, Lonmin and Aquarius) embarked on expansion plans that drove the mining town of Rustenburg into a daze of growth. The urban property market in Rustenburg is believed to be one of the most expensive in the country due to the population induced increase in demand.

On the back of high metal prices, high national unemployment levels, abundant migrant labour, the mining companies were happy to employ a high number of mineworkers (many subcontracted) at very low wages.

In terms of the mines’ social labour plans, the mines are not required to provide social amenities for the subcontracted labour. The mines submit social labour plans that caters only for a few employees on their payrolls to the Department of Mineral Resources, earning them renewed mining licenses.

When the mines retrench, the social consequences are clear for both the Municipalities and the mine hosting rural landlords. One such consequence is the increased threat of crime and violence. Tenants, backyard dwellers are soon to default and renege on their services and tenancy agreements.

To maintain the chaotic state within the mining complex, the mining companies would please and co-opt, in more ways than one, the Ministers (of Water and Environmental Affairs, Police, Mineral Resources, Local Government), the Municipality, the traditional leaders and the Unions.  The mines would for instance make lucrative long term agreements with the Municipalities for their rates and taxes. They would co-opt the Unions by paying for the Unions’ administrative costs. They would pollute the security system, sponsoring local police stations with anything from police vehicles to luncheons.

Nothing has been done about the notorious covert military operations around mine hosting communities, and the active role of the State police in it. Sanctioned by the Bafokeng chief Molotlegi, and led by Zietsman, a former Koevoet operative, the well funded Bafokeng tribal police and the very same Potchefstroom-based riot Police that shot the Marikana demonstrators, have been terrorizing the Bafokeng communities of Luka, Chaneng, Thekwana, Photsaneng and Lefaragatlhe, suppressing dissent against mines-instigated human rights injustices taking place within the Bafokeng area.

The Marikana Massacre is simply a State cover-up to the earlier killings by the Lonmin contracted mine security company. The same cover-up was extended for Impala Mine and Bafokeng security companies when Premier Thandi Modise addressed the retrenched employees. Nothing was said about the precedent setting Impala Mine’s security company shootings. We must never forget about the cover-up in Limpopo and Mpumalanga where the police fired at rural communities after Anglo Platinum blew up the communities’ ancestral graves and chased them off their ploughing fields.

With government turning a blind eye to corruption, as implied by its blatant denial of responsibility for the Lonmin shootings, and maladministration in traditional councils such as the Bafokeng, it is a clean scam for both the mines and Government. We contend that this well guarded, shameful scam, is rooted and coded in the CODESA sunset clauses on land and mining. The sunset clauses were informed by the World Bank’s 1992 guidelines on land and mining to the new democratic South African State. We contend further that the action by the State Police at Marikana is a clear indication of the nature and form of the alliance between the State and the mines in the envisaged mining reforms in South Africa.

The Marikana Massacre shows the kind of danger that civil rights organizations are faced with in the Rustenburg area. Both the Public Protector and the South African Human Rights Commission have regrettably been indifferent and silent to the human rights atrocities taking place in the area. The two have on many occasions been summoned, without success, to the aid of the communities in the area.

As a strategy for indirect rule, a number of independent traditional villages that bought the land on which mining takes place were forced by the former colonial-apartheid regimes to subscribe to the Bafokeng chieftaincy. The Bafokeng chief and the mines do not care about the negative development on the land they know they do not own, but have Government-sanctioned use and control over. The communities, represented by the Land Buyers’ Association, asserts that as the rightful land owners, they would care to observe sustainable control and use of their natural environment, and respect for all life.

The Association reiterates its call for the State to provide adequate legislative protections to mine hosting communities.

The Association further calls on all legal practitioners and their Lawyers’ Associations, the peace loving citizens of this country, rich and poor, to come out in numbers, wherever they are, to give all support, in pursuit of permanent peace and justice in the directly affected mine-hosting communities in South Africa.

Issued by Thusi Rapoo (Secretary)
othusitserapoo@yahoo.co.uk or at 073 443 5699. www.bafokeng-communities.blogspot.com . August 2012.

BLBA to hold AGM scheduled for 02/09/2012

Bafokeng Land Buyers' Association will be holding their AGM on the 2nd September 2012 at 10am,Mokgatle Lodge. Registration starts at 9am. R100 per person will be charged to cover costs of conference,lunch and contribution towards administration. We hope to have guest speakers who will outline the way foward in terms of the latest response from the Bafokeng on case 999/08.

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.