South African court rules against Kgosikgolo claim, questions legal authority
GAZETTE REPORTER
South Africa’s Supreme Court of Appeal has ruled that Kgosikgolo Kgafela Kgafela II does not hold senior authority over the BaKgatla in Moruleng, stating that South African law does not recognise the concept of a “paramount chief.”
The judgment clarifies that only the Royal Family in Moruleng enjoys statutory recognition under the North West Act, limiting the formal powers of Mochudi’s leadership over South African BaKgatla communities.
Court Clarifies Status
Delivering the judgment, Justice Fayeeza Kathree-Setiloane said: “Since no legislation in South Africa gives recognition to the concept ‘paramount chief,’ the form of address ‘Kgosikgolo’ does not accord Kgosikgolo Kgafela Kgafela II and the Royal Family in Mochudi a senior status over the Royal Family in Moruleng.”
She noted a subtle distinction: statutory recognition applies exclusively within South Africa’s North West Province, but this does not prevent Mochudi’s Royal Family from being acknowledged as traditional leaders for specific customary or public functions.
Premier’s Controversial Decisions
The case arose after the Premier of the North West Province acted on recommendations from Mochudi regarding leadership disputes in Moruleng. Actions included the withdrawal of Kgosi Nyalala Pilane’s recognition certificate and the appointment of Linchwe as interim Kgosi.
“The Premier appointed Mr (Ramono) Linchwe as interim-khosi of the BaKgatla on the recommendation of the Royal Family in Mochudi, when it was the core prerogative of the Royal Family in Moruleng to do so under s 16(1) of the North West Act,” the judgment stated. “The Premier, therefore, acted unlawfully in issuing Mr Linchwe with a certificate of recognition.”
The High Court had previously upheld these decisions, but the Supreme Court of Appeal overturned them. “The High Court erred in not setting aside this decision on review,” Justice Kathree-Setiloane said.
Authority Reserved for Moruleng
The court stressed that only the Moruleng Royal Family has authority under South African law. The Premier was not authorised under s 14 of the North West Act to act on Mochudi’s resolutions concerning BaKgatla leadership.
The judgment did not address whether Kgosikgolo Kgafela Kgafela II is recognised by custom as a paramount chief, leaving questions about traditional authority unresolved.