OPEN DEFIANCE

 

Maphalaola a Pitse Cultural Association and 17 other men who dragged Bogosi jwa ga Malete to court for refusing to allow them to go to Bogwera have decided to go ahead with their plans without permission of Balete leadership.

They are said to be of the feeling that the resultant court ruling suggested they had not even needed Bogosi's permission in the first place, and that no one could therefore stop them from proceeding with their mission.

Last week, Judge Tshepo Motswagole threw out their urgent application seeking court‘s intervention to set aside the decision of Paramount Chief of Balete Kgosi Mosadi Seboko that there will be no Bogwera this year.

Throwing out the application, Motswagole said the applicants had not satisfied requirements of bringing an urgent application to court, suggesting that if the applicants wished to continue with the matter however, it would be heard just like any other normal case.

When explaining why the matter was urgent, lawyer Tlotlo Tlhankane of Rockfall Lekgowe Law group said the applicants had already taken some Bogwera-related medicine and applied some attendant ointments which hindered them from joining members of the society until the full Bogwera ceremony has been completed. They said they could die or become mentally challenged if they went on to mingle with members of the community without completing the Bogwera process.

Judge Motswagole then asked why they had felt it was even important to seek the permission of Bogosi, further seeking to know if Bogwera was not a personal decision where one can decide to do what they want with their bodies.

In his response, Tlhankane said that from what he was getting from his clients, the decision to go or not to go had always been the Kgosi’s and that is why they began preparing after Kgosi Seboko announced at some time that there would be Bogwera this year.

They alleged that foe reasons unbeknown, Kgosi changed her mind and that is why they were now stuck, firmly believing that she had to allow them to go as it has always been the tradition in the past.

Lawyer Tlhankane added that Kgosi had even called the police on his clients and that was one of the reasons why they had to come to court.

After judgement was passed, the applicants’ lawyers said they were going to talk to their clients first on the way forward. This past Saturday, the men, who have made it clear that they do not want to speak to the media for now, left for Bogwera.

“Yes, I was made aware that they departed the village on Saturday morning,” Deputy Paramount Chief Kgosi Tsimane Mokgosi said briefly this past Tuesday.

Asked if there will be any repercussions for disobeying Kgosi’s wishes, Kgosi Mokgosi said they expect the police to handle the matter as they long reported to them.

Acting Ramotswa Station Commander Assistant Superintendent Tlammana Goje said they cannot really interfere when there is no one breaking the law.

"When we receive a complaint, we check the situation, we did and so far we cannot say there are minors that were taken because no parent came to us to complain."