Mokgoro appoints administrator at the Ba-Phalane Traditional Council


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By BAKANG MOKOTO

The situation nearly turned tense at the Ramokoka village during an engagement meeting between the North West Premier, Prof Job Mokgoro and community on Tuesday. Some of community members stormed into a meeting singing strugglibg songs, while Mokgoro addressing other community members.

The community members barricaded roads, torched few houses belonging to headmasters and prohibited children to go to school since June 2018 demanding that the current chief, Kgosi Joy Ramokoka be dethroned.

Community leader, Charles Makinita said the Ba-Phalane Traditional Council is marred with maladministration, corruption and fraud.

“Ramokoka created a trust that he imposed on us along with his cronies. The mines operating in our area deposited almost R400m in that trust, but we do not know what happened to that money.

“We welcome Mokgoro’s decision to bring interventions. This are the necessary interventions aimed at bringing stability in our area. We will see how this ends and we will take it from there. There are so many people who are former leaders who also orchestrated these corruption activities and we cannot allow that,” Makinita said.

Mokgoro invoked Section 10 (2) read with Section 9 (3) of the North West Traditional Leadership and Governance Act, Act No 2 of 2005 as an intervention measure.

He said Section 10 (2) states that the Premier may, subject to the provisions of this Act and the Constitution and with due observation of the tradition applicable in a traditional community, take such steps as may be necessary to ensure the due performance of the functions referred to in subsection (1).

“On the other hand, Section 9 (3) states that the Premier may take such steps, not inconsistent with this Act, to ensure proper administration and good governance by traditional councils. The intervention measures to be put in place would involve the appointment of investigators with clear terms of references relating to issues raised around administration and good governance.

“To bring stability, members of the community are urged to cooperate with and support the intervention team. Furthermore, we appeal with the Ba-Phalane boo Ramokoka to allow learners to go to school, allow the clinics to open and daily operations to continue, while the intervention is unfolding,” he said.

Mokgoro also announced that due to the sensitivity of the prevailing situation and to bring stability, the intervention will be with effect from today.

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Cassper Nyovest doesn’t own the #FillUp trademark and can’t take legal action


 

An investigation by TshisaLIVE has found that rapper Cassper Nyovest does not yet own the #FillUp trademark at the centre of a fight between himself and Tsonga musician Benny Mayengani.

Cassper’s team revealed last week that he would be taking legal action against Mayengani for using the phrase to market his Fill-Up Giyani Stadium concert‚ which had over 25‚000 people attend. The EFF weighed in on the drama‚ labelling Cassper a “bully” and offered Benny legal protection.

However‚ the matter may never see a court room as the trademark Cassper claims Benny used without his permission has not yet been granted.

TshisaLIVE has seen the trademark records for the phrase which shows that Cassper‚ who used his full name Refiloe Maele Phoolo‚ applied for the trademark with the Companies and Intellectual Property Commission (CIPC) in November 2016.

It’s at an ‘advanced stage’ The application was processed and “accepted with conditions.” A letter was sent to Cassper in June 2017 telling him what conditions needed to be met to have the trademark granted.

“The office has issued an official action setting out the conditions for acceptance of the application. The trademark applicant needs to respond in writing to the office agreeing to the conditions in order for the application to proceed to acceptance‚” senior manager at CIPC’s Head Of Trademarks Division Fleurette Coetzee explained to TshisaLIVE.

Once a response has been received the application is advertised for three months‚ giving people the chance to object. Cassper has not not responded and‚ as a result‚ the application has not been advertised.

Cassper may be able to take action in the future Copyright lawyer Adele Els told TshisaLIVE that a person who has applied for a trademark but had not yet registered it cannot prevent another person from using it. However‚ once granted‚ they can retrospectively take action against its use while the trademark status was pending.

This means that once the trademark is registered Cassper could take legal action against Benny.

“Only once the trademark has proceeded to registration do the rights come into existence and can the trademark proprietor institute infringement proceedings. It is important to point out‚ however that once registered the rights are granted retrospectively to the date of filing‚” she said.

Source: http://www.sowetanlive.co.za