Kgotha-kgothe ya bareki ba mafatshe a seFokeng - BLBA AGM - 21 March 2016

Bafokeng Land Buyers' Association will be holding their AGM on Human Rights Day/ Sharpeville Day at Chaneng Creche next to Chaneng Primary School starting 9am - 2pm. Bareki ba lalediwa go tla ka makatlamanamane go tla go itseela ka tsebe mabapi le seemo sa mokgatlho; loeto la Goya kgotla tshekelong ko Mafikeng ka di-31March, le report ya dithupa tsa maloba tsa Leruo le Rapetsana ko Mogwase Magistrates Court.

Royal Bafokeng Nation score own goals with key witness

 Mogwase Magistrates Court was packed to capacity at the trial hearing between Bafokeng ‘tribes’ against Royal Bafokeng Nation (‘RBN’). The trial, which was heard between 08-12 February 2016, was postponed and will now be heard on the 31 March 2016 at North West High Court in Mafikeng for closing arguments.

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.

URGENT NOTICE OF POSPONEMENT OF BAFOKENG COURT HEARING

The Court hearing that was scheduled for the 01-12 February 2016 has been postponed and rescheduled by the Court to start instead on the 08th February 2016 until the 12th February 2016.


The Bafokeng chief is required to prove to the Court if he was properly authorised to lodge an application to have 51 farms claimed by communities registered in his name.

BAFOKENG LAND BUYERS’ ASSOCIATION GENERAL MEETING: 24 JANUARY 2016, 9am, MOGONO COMMUNITY HALL

BLBA will hold its general meeting this coming Sunday 24 January 2016, 9am at Mogono Community Hall, Luka Village, to consider preparations and developments around their upcoming trial hearing against the Bafokeng chief.

The historic court hearing will take place from 01 February 2016 to 12 February 2016 at the Mogwase Magistrates Court.

Communities are expected to converge to the meeting to also plan for travelling arrangements.

Legal Resources Centre (LRC) will be present to give an update on the case.

Merafe Pilane set to lead Bakgatla-ba-Kgafela tribe; Mmuthi Pilane recommended to lead Motlhabe village

The Commission on Traditional Leadership Disputes and Claims in the North West Province released a report today recommending Mr Mmuthi Pilane to be appointed the rightful traditional leader of Motlhabe village.

The report, dated 24^th November 2015 was handed-out today to the Bakgatla-ba-Kgafela Royal Council, made up of the five clans of Kgamanyane, Tshomankane, Mantrisi, Mzilikasi and Kautlwale.

‘Everyone was expecting the Premier to close this matter today in terms of the Court order. They now say January 2016… we shall be patient’, said Mmuthi Pilane.

The North West Premier Supra Mahumapelo is now in contempt of two separate North West High Court orders, each compelling him to make final determinations concerning leadership disputes and claims from the two tribes of Bakgatla-ba-Kgafela and Bapo-ba-Mogale.

Indications are that Mr Merafe Pilane is now set to replace Mr Nyalala Pilane as the Bakgatla-ba-Kgafela tribal chief. Merafe’s claim is uncontested and the majority of the Royal families are in support of the claim.

‘We are deeply concerned about the delay since Nyalala has long submitted his resignation letter to the then Premier Thandi Modise’ said a member of the tribe.

See the Report on Mmuthi Pilane's leadership claim over Motlhabe Village

-Thusi Rapoo

RELEASE: MAFEREKA REPORT ON TRADITIONAL LEADERSHIP DISPUTES AND CLAIMS FOR BAKGATLA COMMUNITIES (MORULENG)

The BLBA has been informed that tomorrow 22 December 2015, at 14:30 at Bakgatla Administration Offices (Moruleng), the Premier of the North West Province, Mr Supra Mahumapelo, will present a determination on the longstanding Mafereka Commission on Traditional Leadership Disputes and Claims Report.

The Report will focus on the claim lodged by Mr Mmuthi Pilane, who contend that he is the rightful heir to the chieftaincy of Motlhabe Village; and Mr Merafe Pilane who claim to be the rightful senior traditional leader of the Bakgatla ‘tribe’.

Mr Mmuthi Pilane launched a successful bid at the Constitutional Court, granting him in 2012, powers for his community to consider secession from the Bakgatla ‘tribe’. The uncontested Mr Merafe Pilane on the other hand, lodged his claim following alleged resignation by Kgosi Nyalala Pilane, with a letter presented to the then Premier of the North West, Ms Thandi Modise.

The release of the Mafereka Report is prompted also by a Court Order, and planned protests by a number of other North West communities (including Bapo ba Mogale and Baphalane ba Ramokoka) for its release. The Communities contend that there is widespread personal, economic, and political interest on the Report, which will mark changes to mining deals on their platinum-rich lands.

The Report will hopefully mark an end to a sad, long, and debilitating battle between warring factions within the Bakgatlha Traditional Community.

Thusi Rapoo

073 443 5699

BAFOKENG COMMUNITIES REJECT RBN's PROPOSED LAND POLICY

BLBA held a highly successful and spirited general meeting at Mogono Community Hall in August 2015. Bafokeng Communities attended in numbers to prepare for their upcoming February 01st 2016 trial hearing against 'their' intransigent RBN chief. Communities reaffirmed that the chief was being irresponsible fighting a loosing battle against his own people. Communities are adamant the Bafokeng chief is extravagantly wasteful spending millions of 'our' tribal funds on terrible legal advice.


To test their support for the upcoming trial hearing, the RBN embarked on a strategic road drive in mid October 20015, holding regional gatherings within the Bafokeng communities on a proposed new Bafokeng Land Policy. The proposed Policy seeks to urbanise the Bafokeng land. The proposal seeks further to privatise land by registering title deeds over communities' household stands; and by registering bonds over designated land for mine housing schemes (hostels or flats).


All the five Bafokeng regions went on to reject, with overwhelming disgust, the RBN's proposed Land Policy.


Sources has it that RBN is working hard behind the scenes luring their elderly potential opponents from its various communities, as their potential witnesses at the upcoming trial hearing. Some of the elderly already interviewed by the RBN feel threatened and scared for their lives for speaking the truth against the RBN case.


Clearly the Bafokeng chief remain ill advised to pursue the court matter. Popular opinion among the Bafokeng elderly suggest that whether he wins or fails, the chief only stands to gain more contempt from the Bafokeng communities. And his clandestine actions in preparing for the trial can only make matters worse for him.

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