A brief on the ‘Public Policy Dialogue on Mining, Communities, and Workers’ Conference funded by the Foundation for Human Rights

 The Bafokeng Land Buyers Association (BLBA) made a presentation on the struggles waged by communities forming the Bafokeng ‘tribe’ at the conference funded by the Foundation for Human Rights, held in Johannesburg on the 01-02 February 2011.  -reflects Thusi Rapoo.

The Conference was attended by community-based organisations from around the country engaged in vicious battles against mining companies operating in their areas. Academic papers were presented by experts on acid mine drainage that destroys ecosystems and water quality particularly in areas around gold mining towns; the cluttered State heritage resource management regime which condones the bombing and excavation of graves by the mining companies; and the State’s land restitution and reform process which has failed to redress the land question. The presenters painted a picture of State engineered maladministration, meant to confuse and deprive desperate poor rural communities of access to Government support around issues related to their land. Conflicting and overlapping Government mandates create a state of confusion which the mines can exploit and use to their advantage. For instance, when Anglo Platinum blew the graves of Sekuruwe community in Limpopo their defence was that once they have complied with mining laws overseen by the Department of Minerals and Energy (DME), they need not account to the National Heritage Resource Council who have jurisdiction on the protection of graves. The uninformed poor rural communities would be left to guess as to which Government department to approach for intervention.

Local Municipalities, who bear the brunt of bad mining practices, cannot hold the mines to account as they are often told that mining is a National competency, meaning therefore that the mines are only answerable to the national DME, and not the Municipalities.

In 1992, the World Bank released a policy framework to guide the new South African government on land and minerals. It has become clear that all the administrative confusion created around issues related to land ownership and control is deliberate, promoted and supported to empower multinational companies in their exploitation of resources (minerals and environment) and is done to the detriment and disempowerment of the affected land owners. At worst, such control of strategic resources (land and minerals) by a few elite at National level can be used by the West, through their agents (the World Bank, IMF and their imperialist multinational mining and agricultural companies) to ferment ethnic  clashes within the ruling party and amongst communities.

LERUO MOLOTLEGI AND HENNIE KEMP ACCUSED OF STRIPPING MAKGOTLA OF THEIR POWERS AND CONTROL OVER LAND

 A number of chiefs and headmen of communities forming the Bafokeng ‘tribe’ are challenging chief Leruo Molotlegi’s quest for the control of communities’ land.

In 2008, the Royal Bafokeng Administration (RBA), under chief Leruo Molotlegi’s command, sought to close shops owned by community members in Luka and Chaneng villages. Some of the shops were hired out to some Chinese nationals. Chief Rammereki Mekgwe of Baphiring in Luka village and other headmen lodged a Court interdict in the Mafikeng High Court to stop the Bafokeng chief from  closing their shops. They claim in their affidavits that it is traditionally the community council (kgotla), the land owners, who allocates land to community members for residence or business purposes. It is only then, after such allocation, that the beneficiary will then approach the RBA, with a letter of authorisation from the kgotla, for RBA to install services such as fencing, water, roads and electricity. ‘That has been the traditional practice’, they claim. ‘RBA’s role is to provide those administrative services and utilities’.

‘RBA wants to control our land by issuing residential and business stands, we will be surprised one day to see a number of people coming in our villages claiming that they have been given stands at RBA by Hennie Kemp’, Chief Rammereki Mekgwe warned.

Interestingly, the matter is on a separate court roll from the other contested case with similar facts, where the Royal Bafokeng Nation are claiming ownership of some 61 farms.

The hearing was on the 17^th March 2011 postponed to May 2011.

AGAINST POPULAR SUPPORT, CHIEF LERUO MOLOTLEGI OPENS UP LEBONE II HIGH SCHOOL FOR THE FEW RICH

Not too long ago, the Royal Bafokeng tribal authority boasted an opening of a six star hotel to host the 2010 Fifa World Cup English soccer team. The R300m hotel built in a mine polluted area and for the wealthy few, stands unsurprisingly empty, costing the Bafokeng heavily on maintenance fees.

Bent on the development of a Bafokeng class society based on misinformation and material possession, chief Leruo Molotlegi of the Bafokeng ‘tribe’ opened new school buildings for the elite Bafokeng’s Lebone II High School. The extravagant opening ceremony, held on the 17^th March 2011 was attended by celebrities, wannabies and the’ who is who’ in South Africa.

The school, originally located opposite the chief’s homestead, Legato, was established by chief Leruo Molotlogi’s predecessor, Mollwane Lebone Molotlegi back in 1997.

The expensive school fees of R3500 – R4000 per month, and the arbitrary, strict admission and screening criteria has created a perception within the poor Bafokeng communities that the school is built exclusively for the affluent families within the Bafokeng. It is further believed that the school is for those who are close to and pays more political allegiance to the royal family.

Some believe that the school is used by the Royal Bafokeng Administration’s research  department, led by Professor Sue Cook and Adolph Zietsman, to further a clandestine indoctrination programe that seeks to distort information about the history of the Bafokeng. The grand-plan is to create a deceitful picture of a progressive, successful African ‘tribe’; to hide the platinum theft taking place in the area; and to create a Bafokeng society and a cadre of young troopers who are oblivious to the current hardships experienced by the broader Bafokeng communities at the whim of the mining companies (Impala Platinum mines, Anglo Platinum, Xstrata, Wesizwe Platinum, Royal Bafokeng Platinum) operating in the area. The children at the school are therefore raised, it is argued, to be praise singers to the chief, and taught not to question the human rights abuses and socio-economic injustices caused by the ruthless mining companies and their puppet tribal authority.

The Chaneng activists’ case postponed

The unfortunate case of the Chaneng activists who were wrongly arrested on account of formenting public violence has been postponed four times already due to the state’s inability to provide evidence against the activists.

The case was first heard on 10^th November 2010 and got postponed to the 14^th January 2011 on account that the activists did not have legal representation. It was then postponed to the 14^th February 2011 on account that the state did not have evidence. Again on the 14^th February it got postponed to the 25^th February 2011, and then 07^th March 2011. From the 07^th March 2011 it was again postponed to the 26^th May 2011 for trial. The delay is as a result of the States’ inability to bring evidence before the court.

The arrests happened after the Chaneng community’s march demonstration against against repressive practices by the State, the Bafokeng tribal chief, the judiciary, the Municipality and the mines (Anglo Platinum, Royal Bafokeng Platinum, Xstrata and Impala) operating in their area. The catalyst to the march was the the brutal demolition of tuckshops in their village ordered by the Royal Bafokeng Nation’s chief. The community is itself part of the Royal Bafokeng Nation (RBN). The community is against the Royal Bafokeng Platinum’s new Styldrift Mine Project which the community says is not only unlawful but will also bring hardships to the community. The community claim that the project has not provided jobs; has taken agricultural land; will bring foreign mine labour into the community that will disturb their peace and alter their cultural norms; will erect rock and slime dumps next to the community; and that the community will be without residential land in the next ten or so years.

Postponement on the filing of answering papers in the Mafikeng High Court

The communities challenging the Royal Bafokeng Nation’s high court application to have a number of farms transferred and registered in the latter’s name have again been granted a month’s extension until the end of March 2011 to file their answering papers.

DONATE OR REGISTER YOUR SUPPORT FOR THE LAND CLAIMS

The Association has finally opened up a bank account. Anyone who is interested in making a donation and or a contribution, of whatever nature, size or quantity, is much welcome to make a deposit into the following bank account:

Bank Name                         : ABSA

Account Name                  : Bafokeng Land Buyers’ Association Club

Product/Account Type      : Absa Club Account

Account Number             : 9253919619

Domicile Branch                : Rusten Plaza

Domicile Branch Code    : 6590

Bank Clearing Code         : 632005

The Association wishes to encourage members of the land claiming communities to register their commitment and support to their land claims with their respective Coordinators who will give them registration slips. Registration fee is R100.00.

More information on the top left corner below the Home tab.

Leruo Molotlegi and Lucas Mangope, strange partners?!

‘Batho bame’ Lucas Mangope, the former Bophuthatswana bantustan leader, employed the security services of the Potchefstroom/Ventersdorp based rightwing organisation, AWB, during the homeland’s 1994 coup d’ etat .

In the late 80’s the Bafokeng fought bitterly against ‘Leah emelela ba go bone go re o  montle jang’ Mangope who sought to expropriate their mineral wealth. ‘Bophuthatswana will be independent for the next 100yrs’ Mangope harassed and incarcerated the ‘royal’ family, and had the Bafokeng chief Lebone Molotlegi fleeing to Botswana for his safety.

It is the same Lucas ‘thosa ko thoseng’ Mangope who was recently (October 2010) honoured by the North West University Council for his ‘contribution to the development of academia’. The Council is under the leadership of the late chief Lebone Molotlegi’s successor, Leruo Molotlegi, who is the University’s Chancellor.

Susan and Zietsman are rumoured to have been employing the brutal ex- Bophuthatswana soldiers and policemen in their Bafokeng security company.

When senior members and leadership of the Bafokeng communities’ wants to consult with the chief, they first have to pass through Zietsman. Zietsman could therefore, through security checks, deny or allow important information intended for the chief. When denied, the chief never gets to know about it. In this way the chief is blindfolded and Zietsman a de-facto chief. 

The question that begs is whether the chief is aware of the puzzle and therefore aspirant of ‘ke motoroko, ke monate ka fa teng, mme o seka wa ntlampurela’ Magope. The signs are that the chief, conscious or not, is creating another bantustan.

Balanced media reporting on the land claim case against the Bafokeng

The Mafikeng High Court contest over who really bought the 'Bafokeng tribal land' continue to receive balanced media coverage. The Bafokeng Land Buyers Association has noticed with dismay the propagandist, one hour documentary by the Royal Bafokeng Nation that was aired on SABC in late September 2010. In light of the pending High Court case, the SABC should have at least checked the authenticity of the claims made in the documentary before going on air with them. See the Sunday Independent report on the following link: 'A historian who has extensively studied the Bafokeng area says there is substantial evidence to support the claim that smaller groups bought the land which was registered under the Bafokeng tribe during British Colonial rule'. You have to be a subscriber to the newspaper to access the article. Otherwise one could simply buy the paper from a nearby shop.

More demolitions and hardships for Chaneng and Robega villagers at the whim of the Bafokeng chief!

In the past week ending 10th October 2010, the communities of Chaneng and Robega, two adjacent rural villages that forms the Bafokeng 'tribe' and a stone-throw away from Sun City, chased away the Bafokeng Security company led by the  former apartheid operative Adolph Zietsman out of the village. The notorious Red Ants (a company or group of people wearing red overalls, specifically hired for demolishing houses and evicting the poor) brought in by the repressive Bafokeng Tribal Authority also faced the wrath of the angry, poor villagers. The Red Ants, who were camped next to the village, were warned to vacate their camp or be forced out. They duly obliged and vacated the camp. The community barricated the roads and stopped work at the local Anglo Platinum Styldrift Mine Project.

At a community meeting to adress the illegal evictions and demolitions of their houses by the repressive Bafokeng Tribal Authority, the police shot at community members and  arrested eight community members. The arrested were handpicked from their houses long after the gathering had dispersed. The eight were released from the Phokeng Police station at a collective R1500 bail. They are scheduled to appear in Court on the 10th November 2010 apparently on charges of public violence.

The community has again been denied, for the third time, their right to protest under similar unlawful reasons advanced to the adjacent Luka Community, that they should first get permission to protest from the very same people they are protesting against! It is believed that Adolph Zietsman, head of security of the Bafokeng Tribal Authority, has wide, well sponsored anarchist influence on the local police stations, the Municipal police, and on the chief himself!

A number of Bafokeng communites, including Chaneng and Robega have lodged claims for title to their platinum rich lands at the Mafikeng High Court. A number of them insists on cessation from the repressive Bafokeng Tribal bantustan. Follow this link for more reporting: uproar-over-demolishing-of-houses

Unlawful prohibition of the march against Kgosi Leruo Molotlegi of the Bafokeng 'tribe'

The Rustenburg Local Municipality refused permission for the protest march against the Bafokeng chief this coming Saturday 02 October 2010, saying that the Luka Community must first get permission from the very same people they are marching against! The march organised by the Bafokeng Anti-repression Campaign will nevertheless continue...Phistus Mekgwe and Violet Makobe asserted.
The Conveners say they will contest the prohibition in Court, and will expose the level of influence the Bafokeng enjoys on structures of goverment in the area, including the local Bafokeng Magistrates Court!They say they did whatever was possible to satisfy the illegal demands by the Municipality, and complied with all legal requirements for the notification of the march.They say this is the worst kind of repression, to suppress peoples' Constitutional rights to freedom of association and protest. A number of such applications have been refused in the area thus far on unreasonable and unjustifiable grounds. The communities are not able to exert and protect their rights.... and the challenge has always been that they cannot find or afford legal representatives who are not linked to Bafokeng.

Protest March Against the Bafokeng Chief Leruo Molotlegi

The Community of Luka Village, will embark on another protest march on the 02nd October 2010 in what has been termed the 'Bafokeng Anti-repression Campaign'. The March will start at Mogono circle, Luka Clinic and Thethe High School at 12pm. Bafokeng Land Buyers Association has been invited to support the campaign as it is believed to be 'tactical work' on the ongoing land claims in Mafikeng High Court. Follow the following links on the 'repression': Tuckshop owners in Luka Village, Bafokeng, fights back!; Demolition of tuckshops and eviction of backyard dwellers

Another successful milestone towards Bafokeng Communities’ land claims

On the 26th August 2010, the Mafikeng High Court declared a number of Communities forming the Bafokeng ‘tribe’ as ‘respondents’ to the Royal Bafokeng Nation’s application to have a number of farms registered and transferred in the latter’s name and favour.
The Communities, now respondents on the matter, are opposing the RBN’s application. The RBN’s main application is contained in an affidavit that is 3000 pages long. The RBN initially insisted that the Communities file their answering/opposing affidavits by October 2010. The Communities contested that filing by October 2010 would be practically impossible and that nine months would afford them a reasonable period for them to compile a comprehensive response.
 The Communities argues that the RBN had all the years to compile their long affidavit, that it would be an unfair expectation to get the poor Communities to compile their opposing affidavits in less than three months. The Communities argues further that the RBN are enjoying the extravagant use of the tribal funds to further their ‘unjust’ cause, while the Communities, albeit being the Bafokeng, and therefore the owners of the tribal funds, have not been afforded access to financial resources towards their litigation costs.
 In the end, the Court ordered, by agreement, that the Communities file their opposing affidavits within six months (that is by end of February 2011).

ANOTHER ROUND AGAINST THE ROYAL BAFOKENG NATION AT THE MAFIKENG HIGH COURT

On the 26^th August 2010, Bafokeng Land Buyers Association and various other communities forming the Bafokeng ‘tribe’, will once again square up against the Royal Bafokeng Nation at the Mafikeng High Court.

The Mafikeng High Court ordered on the 10^th December 2009, that various communities intending to oppose the Royal Bafokeng Nation’s application for transference and registration of some 61 farms in the RBN’s name, lodge their interest on the matter by the 26^th February 2010.

A number of communities/families from villages forming the Bafokeng ‘tribe’ have since shown an interest to oppose the RBN’s application. The Bafokeng chief has also  instructed his lawyers to allow anyone wishing to oppose, to lodge their answering affidavits with the Court by October 2010. The Bafokeng’s affidavit is over 3000 pages long. It will be contested that the opposing communities will not be able to answer the 3000 pages by October 2010, and that they (the communities) be afforded enough/reasonable time to prepare their answering affidavits.

Transport will leave at Game parking in town at 6:30am. Anyone interested in travelling to the Court on the day may contact Michael Nape on 073 1988 634  

GENERAL MEETING OF THE BAFOKENG LAND BUYERS ASSOCIATION

Bafokeng Land Buyers Association, will hold a general meeting on the 15^th August 2010, 10am, at Thethe High School. The meeting will look at, amongst other things, the adoption of the Constitution.

Anyone interested in claiming and exerting various rights (eg. land, environmental, economic, human rights, etc.) related to the land claims against the Royal Bafokeng Nation is welcome to participate.

The Land Buyers Association is primarily made up of the descendants of the original buyers of the land that forms the Bafokeng Tribal area. Included also are the residents who by custom have been accepted to be part of the communities/makgotla that form the Bafokeng tribe. The Association does not exclude membership of people who have no direct interest in the land claims, but who lives among and outside the Bafokeng, and are incensed by the irresponsible manner in which the Bafokeng administration and the chief run the ‘tribal’ affairs, to the detriment of the poor people, and in violation of the Constitution. An example would be people who are not Bafokeng, but who are concerned by the endorsement by the Bafokeng ‘tribal’ Authority to environmental damages perpetuated by the local mining companies (Impala Platinum, Anglo Platinum, Xstrata and Lonmin) operating in the poor rural villages that forms the Bafokeng ‘tribe’. 

THIS YEAR’S ‘DUMELA PHOKENG’ WAS AN INSULT

The Royal Bafokeng chief had in years preceding 2010, made it his practice that he visited the various makgotla of communities that make up the Bafokeng ‘tribe’. The aim of the visit was mainly to hear concerns raised by various makgotla levelled against the chief and his administration.

This year the chief, ‘for administrative purposes’, decided to club the various makgotla of Chaneng, Robega, Rasimone, Mogono, Ratshwene and Luka into one cluster. He was scheduled to ‘visit’ the clustered communities at Thethe High School at around 10am in April/May.

The proceedings started without him at around 12pm, with various communities pouring their concerns out. When he arrived and ascended the stage, he apologised for being late, and that he will not stay to finish the program as his friend has been admitted to hospital and that he had to fly to see him.

He said that they (him and his administration) did not come to hear concerns, but to tell the subjects what changes have been made in administration. He spoke for less than 15minutes and then left…. for his friend in hospital.

Well, people have said before that the chief and his administration would have long been voted out if it was not for the tribal system. ‘They have been listening to the same complaints for many years and have done absolutely nothing….nothing’, exclaimed Dodo Mekgwe.

An hour or two after he had left the meeting dispersed for the 2010 Fifa World Cup festivities outside the school yard. People were served with a plate of pap and vleis.

‘We are used to preparing food in big pots when there are events such as this. It is an insult to us that a catering company, from we don’t know where, was paid millions of rands, to prepare this poorly cooked meals for us, as if there are no women in Luka’, complained an elderly woman. ‘It is possible that they may have spiced the food with korobela to soften the ‘rebels’, complained another. ‘I have taken mine for the dog at home, I want to see if it will not die or change its ‘bad’ manners after eating the meal’, they all laughed.