The battle for the control of the R15 billion wealth of the platinum-rich North West Bakgatla tribe has turned nasty, with criminal allegations levelled against senior members of the tribe.
Allegations of theft, forgery, dishonesty, an assassination plot and corruption of more than R1 billion have surfaced.
The Bakgatla-Ba-Kgafela Traditional Authority, including Chief Nyalala John Pilane, has been accused of theft, fraud, forgery, dishonesty and is in breach of fiduciary duties.
In an affidavit that Bakgatla king Kgosi Kgafela Kgafela II sent to the Hawks, he accuses his uncle Nyalala, chief executive Meshack Molope, corporate affairs director Lorraine Masipa and attorney Wycliffe Mothuloe of stealing and failing to account for the tribe’s properties.
All those accused said the allegations were “unfounded” and “malicious”.
Hawks spokesman McIntosh Polela confirmed that they were investigating the senior members and employees of the Bakgatla tribe.
The allegations against Nyalala are that he concluded a R340 million deal with a company between 2007 and 2009, and did not pay tax to Sars.
“Nyalala is controlling all the money and property of the tribe… I have preliminary evidence that he has recently transacted over R1 billion after he retired,” Kgosi Kgafela said.
However, Nyalala said all the transactions he made for the Bakgatla complied with the law.
Kgosi Kgafela added that Nyalala refuses to account to the king; he hides property, refuses to hand over property despite demands and “usurps his master’s authority”.
“It is apparent here that the respondents are running a criminal syndicate on the office of Bakgatla,” Kgosi Kgafela said.
Nyalala hit back, saying Kgosi Kgafela had no “legal basis” for getting involved in the internal affairs of the Bakgatla tribe.
“In fact the Botswana government has withdrawn its recognition of KK [Kgosi Kgafela] as a kgosi [king]… A warrant of arrest has been issued by a Botswana court for the arrest of KK, who is well aware of this, and yet he has made no arrangements to appear in court, so he is currently a fugitive on the run,” Nyalala said in a statement.
The Sunday Independent has seen a copy of the government’s ruling on the king.
Kgosi Kgafela said there was general discontent within the tribe concerning poor service delivery amidst wealth. “This unhappiness has led to widespread service delivery strikes that have been going on and are likely to escalate.”
He also said he had “reason to believe that Nyalala has been planning to assassinate me”, but did not substantiate his claim.
Kgosi Kgafela alleged that Masipa got a double salary to the tune of R334 470 for six months.
Through her lawyer, Mokhele Matsai, Masipa said: “Kgosi Kgafela is knowingly and deliberately laying spurious charges against me.”
Kgosi Kgafela accused Molope of being an accomplice to theft, fraud and forgery as a senior tribal official.
But Molope responded by saying that the tribe are advised by legal and financial advisors in all their transactions.
On Kgosi Kgafela’s claims against him, Mothuloe said: “I am innocent of these accusations.” - Sunday Independent