Bakgatla leader Kgosi Kgafela II has thrown President Duma Boko a diplomatic and constitutional curve ball, requesting appointment as Botswana’s envoy to South Africa while also seeking recognition as a king under Botswana law, with attendant immunities similar to those of presidents and monarchs
GAZETTE REPORTER
Self-exiled Bakgatla Paramount Chief Kgosi Kgafela II has written to President Duma Boko requesting to be appointed Botswana’s High Commissioner to South Africa, while also pushing for formal recognition of his status as a king.
In a letter addressed to President Boko seen by this publication, Kgafela argues that such an appointment would not only address his long-standing security concerns but also strengthen Botswana’s diplomatic standing in South Africa.
The exiled traditional leader, who has spent years living in South Africa, told Boko that he was uniquely positioned to represent Botswana due to his dual connection to both countries.
“I am asking that you appoint me as the Botswana High Commissioner to South Africa immediately to alleviate my security issue,” Kgafela wrote.
He further argued that his position as a South African citizen and leader of what he described as “the wealthiest tribe in Southern Africa” made him the ideal candidate for the diplomatic post.
“There is no candidate better suited to be the face of Botswana in South Africa,” he stated.
KING STATUS
Beyond the diplomatic appointment, Kgafela’s request ventures into even more politically sensitive territory.
He urged President Boko to introduce subsidiary legislation formally recognising his customary status as Kgosikgolo, which he says is equivalent to that of a king.
According to Kgafela, such legislation should explicitly confer upon him immunities ordinarily associated with monarchs and heads of state.
“That status carries with it all the necessary immunities attached to Kings and Presidents all over the world,” he wrote.
The request revives a long-running dispute over the legal recognition of the title Kgosikgolo within Botswana’s legal framework.
CHALLENGING PAST COURT FINDINGS
Kgafela referenced a 2012 court judgment that reportedly held that the office of Kgosikgolo does not exist under Botswana law.
However, he contends that subsequent developments in South Africa have undermined that position.
The Bakgatla leader claimed that South African courts and a judicial commission of inquiry had either directly or indirectly rejected the Botswana judgment, describing it as “bad law.”
He argued that legislative intervention by the Boko administration would remove uncertainty created by past court rulings and previous government decisions that stripped him of official recognition.
Kgafela further maintained that such recognition would align Botswana’s treatment of traditional leadership with practices in South Africa, where customary law enjoys constitutional protection.
PATHWAY TO RETURN
Perhaps most significantly, Kgafela indicated that the proposed measures would pave the way for his return to Botswana after years of self-imposed exile.
“As soon as these two measures are in place, I will arrive in Botswana in a glorious ceremony long awaited,” he told the President.
His remarks suggest that formal recognition and diplomatic appointment are viewed by him as some of the prerequisites to return home.
POLITICAL AND LEGAL IMPLICATIONS
The proposals place the Boko administration in a delicate position.
Appointment of a serving traditional leader as Botswana’s chief diplomat in South Africa would be unprecedented, while legislative recognition of a royal status carrying presidential-style immunities could trigger constitutional and political challenges.
It remains unclear whether President Boko or his administration has responded to the proposals contained in the letter.
For now, Kgafela’s overture presents the new government with a complex political and legal challenge that could reshape the long-running standoff between the Bakgatla leader and the Botswana state.
HARD TO PLEASE
Insiders are said to have warned President Boko to brace for a potentially difficult engagement with Kgafela, marked by complex demands that could test the limits of state protocol and political accommodation, as has been the case in his interactions with previous administrations.