BLBA GENERAL MEETING: 23 AUGUST 2015: 10AM: MOGONO COMMUNITY HALL

The Bafokeng Land Buyers' Association will hold a General Meeting on Sunday 23 August 2015, at 10am at Mogono Community Hall.


The meeting seeks to update land claiming communities within the Bafokeng on developments regarding the ongoing case at the Mafikeng High Court. It is envisaged that the chief's trial will be held in February 2016. The Legal Resources Centre (LRC) will present the update.
The meeting will also advice communities about the new land claims process.


Attendants are adviced to be on time.

SHOULD THE BAFOKENG CHIEF RESIGN OR FACE EMBARRASSMENT?

The Bafokeng chief is summoned by the Mafikeng High Court to prove that he was properly authorised to lodge an application with the Court to have 61 farms forming the 'Bafokeng tribal land' registered in his name.


A number of villages forming the Bafokeng 'tribe' opposes the chief's claim and contend that the land he claims, should instead be registered in the individual communities' names, and not the Royal Bafokeng Nation's. The case is exactly the same as the one contested in 1907 by the Photsaneng and Thekwana communities against the then Bafokeng chief August Molotlegi Mokgatle and the Minister of Native Affairs at the then Transvaal High Court.


The communities submit in their interlocutory case at Mafikeng that the chief was not properly authorised to lodge the land claim in the first place; that the Bafokeng Supreme Council did not have those powers to authorise the chief to lodge the said land claim; and that the chief did not consult with them contrary to his commitment and resolution made at the Kgotha kgothe meeting of 29 July 2006.

The communities contend that the decision of the Supreme Council, a controversial Bafokeng governance structure which the chief claims authorised him to lodge the land claim, is in fact lower in status to the Kgotha kgothe (itself a controversial structure), and was as such overruled by the decision of the latter superior structure.


In the last Court hearing held in October 2013, Judge Landman questioned the legislative status of the said Bafokeng Supreme Council. The argument in essence is that the Bafokeng could create as many political structures as it deems, but the only governing structure empowered by national and provincial legislation to make decisions for and in all traditional communities (formerly referred to as tribes), is the Traditional Council (an electoral traditional structure established along democratic principles), and not the so called Supreme Council or Kgotha kgothe. The legal or Constitutional question the chief is probably seeking to test is the status and powers of the deemed traditional structures like the Kgotha kgothe vis-a-vis that of the statutory Traditional Council.


'The chief is simply being difficult and wasteful. It is a wild gamble to exploit the communities and use our platinum-rich land to test the Constitution. It is a concern to us, as responsible citizens of this country, as to how much public monies he will commit or already wasted on legal fees, without reprimand, in 'his' expeditious case he knows is devoid of truth. I believe it will be honourable and in his best interest that he resigns as a failed Bafokeng chief, and avoid the embarrassment of losing this case and plunging the 'tribe' further into wilderness. With this kind of attitude, he will certainly do better in the corporate world as a businessman together with his likes, bo-Ramaphosa and them, ' cautions Thusi Rapoo.


'Go lebeletswe gore o tla tsena lepokising la tsheko ngwaga o tlang ka Tlhakole. O tla tsatsankwa ka dipotso go itlhalosa gore o neilwe ke bomang tetla ya go leka go tsaa mafatshe a batho', he said. ( It is expected that the chief will be called into a witness box next year February where he will face questions to explain himself as to who gave him permission for his attempt to grab communities' land).

It’s a lie, the Mafereka Commission report is not conclusive

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 14^th 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.

Remember the Sharpville Massacre, 21 March 1960?

What links the struggles of Bafokeng communities to the Sharpville Massacre of 21 March 1960? How is the Sharpville Massacre, which left more 69 people dead, linked to the Marikana Massacre? What is the relevance of the Human Rights Day celebrations to a people, freedom struggle, and the Sharpville Massacre? These are the questions community of Chaneng next to Sun City, will be attempting to answer today at the workshop organised by Chaneng Youth Organisation. The workshop will start at 10am at Chaneng Primary School, with a soccer tournament later in the afternoon.

Bafokeng Land Buyers' Association will be commemorating the Human Rights Month next weekend at Maile Village. The event was originally planned for Thethe High School, but due to violent protest marches that took place early this month at Mogono, it was decided to move the venue to Maile.

The communities of Mogono, Ratshewene and Ralesobesobe went on a rampage in the first week of March, demanding that Impala close its operations they have around their land. A guardhouse was burnt down, and workers turned back.

BLBA holds a view that for as long as the question of land is not fully and properly addressed, South Africans are still not free. Highly sophisticated colonial-apartheid oppressive systems are very much alive, more particularly in poor rural mining communities.

It is not far fetched, without land there is no freedom, there is Marikana everyday around Bafokeng communities, and there is no reason for human rights celebrations!

BLBA poses a question on this day, in remembrance and honour of Bantu Biko, Mangaliso Sobukwe, Sankara, Lumumba, James Mogono, Setlhage Rapoo, Stuurman Mekgwe, Ramontsheng Khunou, Modisakeng Petlele, how would South Africa be like today, 20 years into 'democracy', had the question of land been first on the South African revolutionary programme?

BLBA Annual General Meeting resolves to mobilise ground support

The BLBA held a successful Annual General Meeting on the 30 November 2014.

The meeting resolved amongst others to intensify its community based activities and support. To commemorate the Human Rights month of March 2015, rallies will be held in various  Bafokeng communities in protest against human rights injustices caused by mining and the Royal Bafokeng Nation.

A general meeting will be arranged for the 21st March 2015 (Human Rights day).

Tshasa, the Association's newsletter released at the meeting, reports that the suspension of the RBN's COO and the chairperson is merely a scapegoat, and that it is the Bafokeng Chief who should be suspended.

Read the newsletter here: Tshasa -November 2014

The Organisational report is available here: 2014 BLBA Organisational Report

BLBA ANNUAL GENERAL MEETING - 30 November 2014 - 9am at Rustenburg Old Town Hall. R100.00 entrance fee

Bafokeng Land Buyers' Association (BLBA) will hold its Annual General Meeting on the 30th November 2014, 9am, Old Town Hall (Cnr Fatima Bhayat Street and Beyers Naude Drive, Rustenburg, Next to Rustenburg Municipal Building).

 

Legal representatives will be present to, amongst others, give an update on the Mafikeng High Court Case 999/08 and to reflect on the extended period for communities' to lodge new land claims.

 

Community leaders from Bafokeng villages and those persons who deposed court affidavits on behalf of communities, shall be required to sit as part of the front panel and are therefore requested  to prepare +10 minutes presentations on recent developments in their communities requiring BLBA attention. 

 

As people may be aware, there is a lot of serious issues and developments taking place within the Bafokeng Administration needing serious attention, and as such the meeting shall strive to be prompt and strict on time. People may have heard, for instance about retrenchments, suspensions and criminal investigations taking place in senior offices at RBA.

 

As usual, entrance at the meeting is R100 per person which contribution will be towards meals and office-keep. Lunch will be served at 1:30pm.

 

All interested persons are welcome to attend, and further information and private arrangements may be obtained from the following leaders: 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).

Bafokeng bankrupt, the chief escaping?

It has come to our attention that since Niall Caroll resigned as Bafokeng chief financial investor, with a more than R1,5 billion handshake, the Bafokeng authorities have been cautioning bankruptcy.

It is reported that the chief acknowledged poor oversight and advised Council not to pursue the handshake as it was based on the contract the Bafokeng had with him (Niall). The chief went further to announce that platinum revenue has dropped, leaving the Bafokeng in the red.

It is reported that massive retrenchments are currently ongoing at the RBA and the COO’s powers diminished.

To top it all, the chief has announced that he is going into business for himself and is set on opening a family Trust. It is reported the chief is worried about the hardship his family experienced at the hands of the Magope regime when his father was exiled to Botswana.

Jacob Zuma was recently chastised for appointing himself a chairperson of a Non-Governmental Organization. The NGO called Masibambane Trust, is worth more than R1 billion. A lot of Rural Development Departmental budget was funneled to the NGO to implement what was essentially Departmental agricultural programs. It is understood the President has since resigned.

The moribund Bafokeng Development Trust and the recent failed attempt by the chief to register Bafokeng land in his name has effectively scuppered the chiefs plans to have total control over the Bafokeng assets.

His plans to open a private entity and his request to go on a long sabbatical has left much suspicion to a number of concerned Bafokeng communities.

BLBA General Meeting, resounding success

The well attended Kgotha kgothe (general meeting) of the Bafokeng Land Buyers' Association held over the weekend, 02/03/2014, was a resounding success. Most people who attended ushered words of encouragement and a much bigger AGM scheduled for August/September 2014.

Following a presentation by Thusi Rapoo on the state of the Association and its performance for the past six months, the Legal Resources Centre gave an update on the communities' ongoing land claims at the Mafikeng High Court and at the Land Claims Court in Randburg. Dr Gavin Capps called for more research to be conducted in the area.

The Bafokeng chief, Leruo, was admonished for wasting Bafokeng and taxpayers monies on poor (legal) advice he is getting in his failed and ongoing attempt to have 61 farms registered in his name. It is alleged the chief registered a private company/ trust for his (family's) sole interest following a petition by communities last September to have tribal accounts frozen. (Find petition here: Bafokeng Communities' Petition to the State ).

The meeting resolved amongst others to lodge a court challenge to the Municipality's unconstitutional and prohibitive list of requirements as barriers to protest demonstrations. Two of these requirements states that (1) permission should be obtained from the chief allowing communities to march against him (chief), (2) authorization must also be obtained from the chief for communities to gather in public open spots, including parking bay at the Bafokeng Civic Centre or even at the gate/entrance to the Centre.

See the Organisational Report here: BLBA Organisational Report, General Meeting, 02 March 2013 

BLBA General Meeting - 02 March 2014 - 9am Old Town Hall. R100.00 entrance fee.

Bafokeng Land Buyers' Association (BLBA) will hold a General Meeting on the 02nd March 2014, 9am, Old Town Hall (Cnr Fatima Bhayat Street and Beyers Naude Drive, Rustenburg, Next to Rustenburg Municipal Building).

 

Community leaders from Bafokeng villages should prepare 10 minutes presentations on their experiences regarding Bafokeng traditional governance. 

 

Legal Resources Centre (LRC) will be present to give an update on the recent January 2014 Court judgment. The judgment instructs the chief to, amongst others, proof that he was properly mandated to register land in his name.

As usual, entrance at the meeting is R100 per person which contribution will be towards meals and office keep. Lunch will be served at 1:30pm. 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).

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

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.

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
 

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.

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.

 

See BLBA memorandum of demands against the Bafokeng 'chief'

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'.