Foul-mouthed Metlhaeno pleads not guilty
Kanye Magistrate Court was packed to the brim on Tuesday as Bangwaketse tribesmen turned up in large numbers to show support for their paramount chief, Kgosi Malope II Gaseitsiwe.
Among the crowd that filled the courtroom to an extent that partitioning boards had to be opened to allow more people inside, others were clad in T-shirts emblazoned with messages of respect for their chief. The gathering was to mention a case involving Metlhaeno Gaseitsiwe-Bathoen (59), who is accused of insulting and undermining the authority of Kgosi Malope.
He appeared before Senior Magistrate Keneilwe Kgoadi and formally entered a plea of not guilty. The charges stem from the letter by Metlhaeno on February 13, 2024, which prosecutors say was an attack on the dignity of the chief.
According to the charge sheet, he is accused of violating Section 25(1), read with Section 25(3), of the Bogosi Act (Cap 41:01) of the Laws of Botswana, which protects the powers and standing of traditional leaders. In one of the letters attributed to him, Metlhaeno described the chief in unflattering terms, questioning both his lineage and his ability to lead. The letter, which was shared widely, stated in part: “You are drunk with power and often behave like a bull in a china shop. You are like an elephant in the room, not being in the right place. To remove this ugly animal, one has to break the boundaries and break the walls for it to come out. You do not have business with Bangwaketse because you do not have royal blood or intellect to lead.” The letter went further to suggest that Kgosi
Malope should have stepped aside for what Metlhaeno referred to as the rightful heir. When the matter was first brought before the court on July 10, Metlhaeno did not enter a plea, with the defence requesting more time.
On Tuesday, however, he finally made his position clear, declaring his innocence. The tension around the case was evident in court, where the gallery was dominated by tribesmen who view the insults against the chief as an attack on Bangwaketse identity.
Kanye East Member of Parliament, Prince Mosanana was among those who stood firm in support of Kgosi Malope. Speaking to The Midweek Sun he said he came to court to support Kgosi Malope II. “Kgosi Kgolo ga a direlwa sentle. We cannot sit back when our leader is disrespected. An injury to him is an injury to the tribe.” Metlhaeno himself has remained defiant throughout. In a previous interview with The Midweek Sun, he said he would pursue the matter to the very end.
“I will push this case until my death. I will never give up,” he said. The case has now been scheduled to continue on October 8, for case management conference. Metlhaeno was represented by attorney Palesa Moletsane of Moletsane & Co., while Kgosi Malope II was represented by Kamogelo Maleke from the Directorate of Public Prosecutions (DPP).
WHAT THE LAW SAYS Section 25 of the Bogosi Act, makes it an offence to undermine or insult the authority of a Kgosi. If found guilty, an offender may be fined up to P2,000, jailed for a period not exceeding five years, or face both penalties.
The court has discretion to consider the seriousness of the offence, the intent behind the words or actions, and any past conduct.
While fines are common in less severe cases, imprisonment remains an option where the remarks are deemed especially damaging to the dignity of traditional leadership.