The Baloyi Commission’s report about the Bakgatla BaKgafela chieftaincy and financial corruption will be released by the Northwest Premier at 2 pm today, Monday 26 August 2019. LAMOSA was an active participant in the proceedings of the commission of inquiry over two years since 2016.
At the final sessions of the commission in June 2018, it was argued that the “BEE” deals by chief Nyalala Pilane and the BBK traditional authority in the name of the community, did not and would not benefit the community and ordinary members. Instead it allowed for the extraction of BBK resources and wealth to enrich:
• offshore companies,
• a few selected local individuals including the chief;
• consultants and lawyers.
Since June last year much has happened:
a) The Maledu judgment of the Constitutional Court, where LAMOSA, was an amicus, showed that Nyalala’s Wilgespruit deal was fraught with short cuts taken by lawyers;
b) The Baleni judgment of the Xolobeni community confirmed that communities and their members have a right to say no to unwanted development;
c) The MPRDA amendment bill that would have further diluted the rights of rural communities have been withdrawn… BUT we are now faced with equally bad Bantustan Bills such as the TKLB, the TLGFA and the TCB;
d) The Zondo commission and investigative journalists have shown the widespread corruption and capture of community mineral resources and rights.1
The much acclaimed BEE deals involving Nyalala, Gilbertson and Mthwa have also not fared well, and we briefly summarise their performance over the last year. In fact the prospects of community benefit has gone from bad to worse.
Please note that after the issuing of this media statement the time and venue of the report’s release was changed to 5pm on Monday 26 August 2019 at the Rustenburg Civic Centre.