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SCA overturned the High Court ruling, allowing Barolong Boo Seleka appoint rightful successor to the throne

The Supreme Court of Appeal (SCA) overturned the High Court ruling that had upheld Free State Premier’s authority naming a successor to Barolong Bo Seleka’s throne.

Following an appeal filed by Moipone Moroka, the SCA made a ruling that questioned the then Free State Premier Ace Magashule’s decision to snub the traditional law to resolve the dispute.

In her argument, Moipone pointed out that the Premier, as the first respondent in the matter did not in the initial stage allows the House of Traditional Leaders to resolve the dispute under the traditional law on disputes and claims act.

The decision of the judgment heard on September 7, 2021, was issued on March 31, 2022.

Delivering the Judgement Justice Fikile Eunice Mokgohloa the Commission on Traditional Leadership Disputes and Claims’ findings and recommendations concerning Barolong Boo Seleka’s senior traditional leadership position published on February 29, 2016, has been reviewed and set aside.

She continued that the decision of the Free State Premier to accept the findings and recommendations of the Commission is reviewed and set aside.

The Premier is ordered to pay the costs of this application.

The Premier had earlier argued in the written submission and upon consideration of the appeal that the matter was irrelevant since the defendant’s sixth son, Leechlike Archibald Moroak, had been appointed as a legal successor.

The Commission’s findings, according to Moipone, were essentially limited to identifying the true reigning family of the Barreling Boo Sebeka as the house of Richard Maramantsi.

She claimed that Kingsley Moroka’s name was not mentioned in the Commission’s findings and recommendations.

As a result, while the Barolong Boo Seleka Royal Family may nominate another person to ascend the throne, the Commission’s report stipulated that such a person should come from the house of Richard Maramantsi, rather than the Kgosi Tsipinare family, which had been the royal family of Barolong Boo Seleka for at least 137 years.

The Barolong Boo Seleka Royal Family and the Barolong Boo Seleka Royal Khuduthamaga appear to have a long history of leadership rivalry.

This feud stretches back to the 1880s when the customary leadership was passed down from generation to generation. During the 1880s, Kgosi Moroka II married Nkhabele, who brought with her a child named Tshipinare.

As a result, Tshipinare became Kgosi Moroka II’s stepson. In the struggle against the Basotho Tshipinare grew up to be a valiant warrior who saved his stepfather Kgosi Moroka’s life.

Kgosi Moroka II decided that Tshipinare would be his successor. From this time until Kgosi Ramokgopa Moroka died in 2011, the traditional leadership of the Barolong Boo Seleka was vested in the Tshipinare’s lineage.

Following the death of Kgosi Ramokgopa, the royal family named the Moipone’s brother, Kgosana Gaopalelwe Moroka, as his successor.

Kgosana Gaopalelwe, on the other hand, had not yet achieved adulthood, and his mother, Kgosigadi AGG Moroka, Moipone’s mother, was named Regent.

The opposing faction, led by the late Kingsley Sehunelo Moroka, the sixth respondent, appears to have opposed the succession and issued a letter to the Premier to express its displeasure.

The legality of the Premier, in the matter, referred the dispute to Barolong Boo Seleka’s senior traditional leadership, the Commission of Traditional Leadership Disputes and Claims, before allowing the Free State House of Traditional Leaders to deal with the dispute under the Traditional Leadership Disputes and Claims Act, is at issue in this appeal.

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