The North West High Court in Mahikeng has declared the findings and recommendations of the Commission of Inquiry into Traditional Disputes concerning the Bakgatla Ba Kgafela community as irrational, unlawful, and unconstitutional.
In a case consolidated under two applications, Kgosi Molefe John Pilane, along with the Bakgatla Ba Kgafela Traditional Council and royal family members, challenged the validity of the Baloyi Commission's report issued in August 2019.
The commission, formed to investigate traditional disputes, had recommended changes to the traditional leadership structure. However, the court found that the Premier of the North West, in accepting these findings, acted outside the scope of his authority.
On 15 June 2016, the Baloyi Commission was formed to investigate, among other things, the role of the Paramount Chief in terms of the traditional custom, specifically in Botswana versus Moruleng, the powers and procedure, if any, to appoint a senior traditional leader of the Bakgatla ba Kgafela in Moruleng, who is the rightful heir in terms of the tradition and custom, and the flow of financial benefits in any transaction conducted with any third party in the name or on behalf of Bakgatla ba Kgafela by any person.
Judge A Reddy, who presided over the matter, stated, "The findings and recommendations of the Baloyi Commission issued on 20 August 2019, in so far as they relate to the Bakgatla Ba Kgafela investigations are irrational, unlawful, unconstitutional and invalid."
At the core of the complaints was the inadequate process followed by the Baloyi Commission, which purportedly failed to meet quorum requirements during critical stages of its investigation. Key witnesses were absent from the proceedings, undermining the commission's credibility and its conclusions. In addition, the Premier's acceptance of the commission's report without adequate justification raised serious legal concerns about the validity of such a decision.
These developments emanated from a long-standing traditional leadership dispute in Moruleng, which saw Kgosi Pilane stripped of his recognition in July 2020 in favour of Kgosi Linchwe, designated as an interim leader. Kgosi Pilane argued that the royal family's role was circumvented in this process, and the premier acted unilaterally, disregarding established customary law that stipulates that it is the royal family that should nominate a traditional leader.
Key events:
- June 2016: Baloyi Commission established
- August 2019: Commission issues findings
- July 2020: Kgosi Pilane stripped of recognition
- January 2025: North West High Court overturns commission's findings
#Conviction
