We as Bakgatla Ba Kgafela Traditional communities in Botswana and South Africa register our expression of profuse displeasure at the apparent disregard,disrespect and interference in our customs,tradition,culture and leadership structures by the ANC and their Governing partners in South Africa.

1. INTRODUCTION/PREAMBLE

The Bakgatla Ba Kgafela Traditional Community/Tribe are straddled across the borders of two countries being Botswana and South Africa. This has been the case since the 1860’s, 1869 to be precise. Notwithstanding the position as stated here above, we continued up to this present day to exist as one community upholding our custom, tradition and culture under one Kgosikgolo. The current incumbent is Kgosikgolo Kgafela II. We will deal extensively with reasons that occasioned this state of affairs when we get to section 2 of our submission entitled Historical Context.
We hereby submit an expression of our displeasure, discontent and grievance to the African National Congress (ANC) and their governing partners in the South African Government of National Unity (GNU) at their apparent interference in our affairs, and destabilization of our customary and traditional leadership structures and governance. Bakgatla Ba Kgafela (BBK), like any other traditional community has the inherent constitutional right to exist as a distinct Morafe rooted in their rich custom, tradition, culture and traditional leadership structures. The ANC and their partners in the government of national unity are obligated by the constitution of the Republic of South Africa (108 of 1996) to recognize, respect, protect and promote such custom, tradition, culture and traditional leadership structures. We view the recent actions by Hon Kagiso Lazarus Mokgosi, the Premier of the North West Province of unilaterally appointing and issuing a certificate of recognition as Kgosi of BBK in Moruleng in the name of Molefe John Pilane as a gross violation of our custom, tradition and culture insofar as appointment of Kgosi is concerned. It further offends our constitutional right to exist as a distinct traditional community following a distinctive pattern of discharging our traditional obligations and responsibilities.

WHO IS AFFECTED AND IN WHICH MANNER
This display of utter disrespect and disregard negatively affect the following persons and structures within Bakgatla Ba Kgafela community:
i. Leadership structures (Kgosikgolo, Ntlo ya Bogosi, Kgosi and Kgosana)
ii. Governing structures
iii. Administrative structures
iv. Authority, duties and responsibilities of our apex leader
v. Custodianship and management of the assets (financial and non-financial) of the community
vi. The general community
vii. The land, assets and resources.

It further cast a cloud of aspersion over the position and authority of Kgosikgolo, especially to the extent to which he is the sole appointing authority by custom and custodian of custom, tradition and culture. It erodes the ability of Kgosi to take due responsibility and be accountable to the community as shareholders on one hand and to Kgosikgolo as the master on the other. The community is forced to watch helplessly whilst their assets are being looted, misappropriated and plundered and their resources being exploited without being consulted. Development of the community is compromised due to corruption that is being allowed to thrive using our financial resources.
Our present and future generations are plunged into a state of uncertainty, confusion, despair, hopelessness and division. Our ancestral land is being thieved inch by inch and sold to the greedy and corrupt ANC officials and their governing partners in the GNU with a potential to turn BBK into foreigners and/or beggars in their land if left unchecked.

It is expressly these actions that led BBK tribesmen and women to collective respond and stand together in defence of our heritage, that is placed under siege by the ANC and their governing partners in the government of national unity. We stand resolute in our resolve to fight with every fibre of our being to defeat this heinous conduct of an attempt by the ANC and their governing partners to wrestle control of our ancestral land and resources from the community and customary leadership and hand it to their corruption enabler and agent Molefe John Pilane.

2. BACKGROUND

2.1 Historical Context
Following the infamous public flogging of Kgosi Kgamanyane by Paul Kruger in 1869, a section of the traditional community, clans and regiments accompanied Kgosi Kgamanyane in migrating northwads from Moruleng across the Madikwe River in search of a place where Kgosi Kgamanyane could be assisted to recuperate from the wounds inflicted by Paul Kruger flogging. This led the entourage to the present Mochudi where they settled. It was at this point where a new era was introduced whereby Kgosi Kgamanyane had to rule over his community located in two separate places being Mochudi and Moruleng whilst maintaining the oneness, shared heritage, custom and culture. Kgosi Kgamanyane died in 1874 and his 1st born son, Linchwe I took over as Kgosikgolo.

During the 1890’s, territorial borders were established between the then Bechuanaland Protectorate which incorporated Mochudi and the Transvaal which incorporated Moruleng leaving Bakgatla Ba Kgafela straddled across the borders of those countries. Recognizing the challenges brought about by the establishment of these borders, Kgosikgolo Linchwe I approached the Transvaal government in 1898 with a request that sought to allow him to exercise direct rule over the section of his community that is in Moruleng - Transvaal while his seat is in Mochudi – Bechuanaland Protectorate. The request was not acceded to but instead the Transvaal government proposed that Kgosikgolo appoint a representative of his choice at the level of Kgosi in Moruleng and they will recognize his authority over that appointee. This proposition was accepted by Kgosikgolo and marked the beginning of the tradition and custom whereby Kgosikgolo became the sole custodian of appointing and/or removing a Kgosi in Moruleng. It was as a consequence of this agreement that in 1903, Kgosikgolo appointed his younger brother Ramono to be his representative as Kgosi in Moruleng. This tradition has endured many decades, was recognized and respected by different governments including but not limited to the Boere Republic, Unuion of SA, Apartheid SA, Homeland States, Democratic SA and of late the Government of National Unity. We are still up to this present day deeply rooted in our custom, tradition and culture. It is noteworthy that all the di-Kgosi who ruled in Moruleng from 1903 up to present time except for Molefe John Pilane in 1996 and Ramono Pilane Linchwe in 2020 were all from Mochudi, Botswana and they were appointed by a Kgosikgolo of their time from Mochudi, Botswana. It is actually disgusting (for lack of a better word) for the ANC and their governing partners to be so hell bend to alter the stone age old BBK custom and tradition in their quest to steal our land with its mineral wealth.

2.2. CUSTOMS AND TRADITIONS OF BAKGATLA BA KGAFELA REGARDING LEADERSHIP 
In the landmark meeting of the Bakgatla Ba Kgafela in 1898 to discuss leadership structure in the face of establishment of the border, the BBK both in Moruleng, South Africa and Mochudi, Botswana agreed that they will have a supreme authority called Kgosikgolo who is recognized as their Apex Leader and face of governance. They bestowed Kgosikgolo with the sole authority to appoint Kgosi both in Mochudi and Moruleng notwithstanding his (Kgosikgolo) residence. This custom and tradition, which define our governance structure and leadership role is still firmly upheld. This position of Kgosikgolo carries with it significant duties and responsibilities as demonstrated here below

2.3. KEY ROLES OF BAKGATLA BA KGAFELA KGOSIKGOLO
Over and above the key authority of appointing Kgosi, Kgosikgolo as supreme leader of the community is the embodiment of
2.3.1. Cultural heritage
2.3.2. Custom
2.3.3. Tradition
2.3.4. Culture
2.3.5. Cultural values
2.3.6. Self determination
2.3.7. Integrity

3. WHAT IS AT STAKE AND WHY IS ACTING NOW IMPERATIVE?

We do not have the luxury to turn a blind eye to these illegal and horrible acts by the ANC Government, looking at the pace at which the assets of BBK are being looted.

It is evident that at stake we have the following:
3.1.1. Our ancestral land is under threat of being stolen from us.
3.1.2. Our mineral resources have become a focal object for exploitation to our exclusion.
3.1.3. Our agricultural land meant to be cultivated and feed the community is used to benefit corrupt individuals in “high offices” of government.
3.1.4. Our custom, tradition and culture is being altered to suit the wicked.
3.1.5. Proper customary governance and administration is being compromised.
3.1.6. Our resources are being used to buy, and by extension sway allegiance of community members to the corrupt operatives.

If current developments can be used as a proxy to project future developments, BBK can safely say without the support sought from you through this petition, they are under tremendous threat to be extinct from the face of this planet together with our rich custom, tradition and culture.