The North West Provincial Legislature and the public have been misled to think that Mafereka Commission investigated all 102 traditional leadership claims in the North West Province.
Mr Bagodi Tolo, the Chairperson of the Commission for Traditional Leadership Disputes and Claims in the North West Province announced on Tuesday the 14th April 2015 that the Mafereka Commission report, which investigated 102 claims in the North West Province, was inconclusive.
The two-year long investigation on the 102 claims was concluded on the 21 February 2013 and the report handed to the then Premier Thandi Modise in May 2013. The Premier was obliged to make the findings public within two months of receiving the report. Unfortunately, Commissioner Mafereka died in November 2013 after a short illness and his report still kept secret.
Mafereka had investigated high profiled disputes among Baphalane-ba-Ramokoka and Bakgatla-ba-Kgafela traditional communities.
Mr Mmuthi Pilane, whose claim is tied to the land on which Pilanesburg Platinum Mines operate, and who won a Constitutional Court case against the tribal chief Nyalala Pilane, was worried that his claim to chieftaincy, which has to date served before three different Commissions was being shuffled around to protect highly placed mining interests on the land he claims.
Mr Pilane said he was shocked that the consultative meeting with the new Commissioner Molelekeng on Tuesday, appeared to be rehash of the Mafereka investigation.
‘Mafereka conducted a full blown credible investigation on Bakgatla disputes. Only me and Merafe Pilane lodged claims for chieftaincy. My royal family was expecting a report today on that investigation. Instead the Commission is now bringing unknown persons who claim to be royal family to dispute my claim long after the Mafereka investigation was concluded. Tlhabane (the disputed headman) failed to make a legitimate claim at the Mafereka public inquiry. Who is bringing his claim back on board? Somebody is trying to legitimise his faction through a backdoor’ he queried.
Mr Tolo said only a fraction of the Mafereka claims were concluded, and he is apprehensive as to when the outcome of the continued investigation will be presented to the claimants. He indicated that his term of office is ending before the end of the year.