The North West Department of Local Government and Traditional Affairs, views in serious light the manner in which the media reports, particularly in the City Press newspaper publication of 12 February 2012 and Mail and Guardian newspaper publication of 24 February 2011 consequent to which the image of both the Department and the North West Provincial Government has been tarnished.
The reports are not only biased, devoid of truth, malicious and non-factual, but they seek to portray the provincial government as disregarding the interests and needs of traditional communities, especially that of Bapo Ba Mogale.
- The Provincial government has a responsibility to ensure that the interests of the community are protected. To the extent that it will remain if necessary, that the Provincial Government will always act as such.
- There is no traditional council in office; its term of office has come to an end. Furthermore, there are no traditional authorities within communities, including the Bapo, since they have been replaced by traditional councils in terms of the relevant legislation.
With specific reference to an article titled “Madonsela to probe tribes’s lost millions” (City Press) and “Traditional Authority calls for audit” (Mail and Guardian), Hugh Eiser of Eiser and Kantor is referred to as the lawyer representing the Bapo ba Mogale traditional council. This is factually incorrect as the term of office of the traditional council of the Bapo ba Mogale came to an end in September 2010.
- Hugh Eiser has selectively and conveniently selected the reporting in respect of the court cases in respect of the community. This is unethical behaviour of the highest order for an attorney.
- On 27 February 2010, the community held a community meeting whereupon, amongst others, they resolved to terminate Eiser and Kantor's mandate.
A letter was then sent to Eiser and Kantor informing it of this fact, mention may be made that the community meeting instigated by a community on its affairs is the highest decision making structure within the community. - The termination of Eiser and Kantor’s mandate was further confirmed by the community’s attorneys, and by the then Administrator of the community, Mr. Junius Moloto as instructed by Kgosi on a letter dated 08 December 2010 to Hugh Eiser’s firm notifying them of this termination.
- Huge Eiser has refused to accept the termination of his firm’s mandate, something unusual for a legal advisor. To the knowledge of the Department and the Provincial Government, Eiser and Kantor has no mandate to speak on behalf of Kgosi or the community of Bapo ba Mogale.
- Huge Eiser alleges that his firm acts for Kgosi. Interestingly, in a court case which was heard by Acting Judge Sithole, “the tribal authority”, represented by Huge Eiser’s firm, alleged in court papers that Kgosi was not of a sound mental capacity to manage the affairs of the community; the court confirmed this aspect, therefore they cannot continue to purport to be acting on behalf of kgosi, this conduct is regarded as highly divisive.
- Pursuant to Huge Eiser’s refusal to accept the termination of his firm’s mandate by the Community, the community has applied to court for a confirmation of the cancellation of its contract with Eiser and Kantor, and also interdict Eiser and Kantor from acting on or portraying to the outside world that he represents the community.
Eiser and Kantor’s statement that ‘the Premier and the MEC” have done as they pleased with the community’s money is devoid of any truth and is rejected with the strongest contempt.
The Department is committed to bring about stability in the administration of Bapo ba Mogale and the community at large. This therefore required the department in terms of section 10 (3) (a) of the North West Traditional Leadership and Governance framework Act 2 of 2005, to act in the interest of the community by seconding one of its official, Mr Thabo Lerefolo as an administrator also at the request of the royal family.
“There is an on-going process to harmonise all community groups in Bapong and Eiser’s comments in the media are defeating this process. ‘He can’t accept that there is a community resolution to terminate Eiser and kantor’s mandate and that procedure was followed accordingly. My predecessor, Mr. Julius Moloto sent Eiser and Kantor letters of notice on time notifying the firm of the community’s intentions to terminate their mandate”, said Lerefolo.
In the matter involving Bapo Ba Mogale and Mr. Kenoshi, Lerefolo said that it has been resolved accordingly and Kenoshi has no relations whatsoever with Bapo Ba Mogale community.
Meanwhile, an audit firm, Sizwe and Tsaluba has been appointed to conduct an audit at Bapo ba Mogale
Enquiries:
Dineo Lolokwane
Cell: 072 542 8444
