Gaborone, June 18 — In a major victory for the San in Botswana, a court issued an order today restraining the government from relocating people from Ranyane.
The San went to court when it became clear that the authorities were planning to forcibly relocate people from the settlement, which is around 220 km south of Gantsi and houses a community of more than 600 San.
"We appeal to the government of Botswana to respect this permanent restraining order and to allow the people of Ranyane to live without the fear of relocation hanging over their heads," said Keikabile Mogodu, Director of the Khwedom Council, a non-governmental organisation advocating for the rights of the San (or Basarwa) people.
The court issued the order after the two sides - the Ranyane San and the Ghanzi Land board, Ghanzi District Council and Ghanzi District Commission - agreed to settle the matter. However, it is clear from the nature of the agreement and the fact that the court awarded costs to the San applicants that this represents an important victory for the San.
According to the court order:
- If the authorities return to Ranyane, they will park their vehicles and/or pitch tents on the other side of the main Kgotla - previously they had occupied the kgotla (or meeting place) and prevented the residents from accessing the water pipe which was located next to it;
- The authorities will not permit their officers to enter any household compound occupied by the Ranyane San without their express consent - as opposed to the door-to-door campaigns that officials were waging to 'encourage' people to relocate;
- The authorities will not remove the engine that currently operates the borehole at Ranyane without 14 days prior written notice to the community's attorneys; and
- No one shall be removed from Ranyane less than 48 hours after the authorities have informed the community's lawyers by telephone of their proposed removal.
"We also call upon the government to recognize Ranyane as a settlement and begin to develop it in line with its established policies by providing basic services like a school, health post etc.," said Mogodu.
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18/6/13
This article is deceptive, the truth of the matter is that there was a settlement
From: Dr. Jeff Ramsay for Botswana Government Communications
GOVERNMENT AND RANYANE APPLICANTS REACH SETTLEMENT
This morning Attorneys' representing 12 Ranyane residents (Applicants) on one side and the Ghanzi Land Board, Ghanzi District Council and Ghanzi District Commissioner (Respondents) appeared in the Lobatse High Court, as a follow up to the Court’s 28th May 2013 interdict barring the Applicants’ supposed eviction from Ranyane.
For its part the Government of Botswana has made its position clear that it has no intention of evicting the said applicants or for that matter relocating any others from the settlement against their will.
In the above context, the Attorneys for the Respondents and Government were able to reach the following mutual agreement, which was accepted by the Honourable Mr. Justice Lot Moroka as the basis of a Court Order:
1. If and when the Respondents return a relocation team to Ranyane the team will park vehicles and/or pitch tents on the other side of the main road from Ranyane kgotla.
2. The Respondents will not cause or permit their officers to enter any household compound occupied by the Applicants without their express consent.
3. The Respondents will not remove the engine that currently operates the borehole at Ranyane without 14 days prior written notice to the Applicants’ Attorneys.
4. The Applicants and members of the families shall not be removed from Ranyane less than 48 hours after those persons have informed the Applicants’ Attorneys by telephone of their proposed removal. For the purposes of the Order family member shall comprise spouses and all persons under the age of 18, provided that nothing in this order shall prevent;
• Provision of food rations and other social services to the residents of Ranyane;
• Law enforcement agencies pursuing their lawful duties.
BACKGROUND
Ranyane is an informal settlement located in the Ghanzi District close to its border with the northern Kgalagadi District. As of the 2011 census it had a total population of 182, up from 94 recorded in the 2001 census.
The Government of Botswana has not evicted any residents from Ranyane and has no plans to do so.
Last year and early this year there was intensive consultations, including five Kgotla meetings, between local authorities and Ranyane residents, many of whom have indicated a desire to relocate elsewhere.
A total of thirty-one (31) households had as of last month registered a desire to be facilitated in voluntarily relocating from Ranyane, with the majority of households expressing a desire to be assisted in moving to Bere, which is also in the Ghanzi District.
Since then thirty-two (32) households, making up a total of eighty-one (81) people, have exercised their right to voluntarily relocate from Ranyane to Bere settlement in the Ghanzi District. In addition at least eight (8) primary school going children currently at boarding school are now expected to join their parents in the next school term, i.e. August 2013.
Among the reasons given by Ranyane residents who have requested to relocate to Bere, is that the settlement, unlike Ranyane, has a Government primary school and medical clinics. Students currently at Ranyane are supported by Government to attend boarding schools.
The movement of 32 households has also involved the relocation of the following animals 300 cattle, 152 goats, 12 sheep, 27 chickens, 21 horses, 41 donkeys and 18 dogs. It may be further noted that 27 of the households who have relocated are being assisted with food baskets on a temporary basis, while 11 [not 12] households have been given blankets. Tents are also being provided during the transition.
The Ranyane community, like most in Botswana is of mixed ethnicity, notably including people of Khwe/San (Basarwa), Chiherero and Shekgalagari cultural heritage. The characterisation that the now ongoing voluntary relocation solely involves Khwe/San (Basarwa) is, in this respect, inaccurate and misleading.
It may be further noted that none of the households who have moved over the last two week are associated with any legal interdict.
In light of the above, there is no merit to the allegations being mass-circulated to the media by the London based Survival International organisation, and their supporters at the Open Society Initiative of Southern Africa (OSISA), that the Government of Botswana is either forcibly removing people from Ranyane or defying a court order.
Further to the above, while we shall continue to monitor the media disinformation campaign being waged against this country by such organisations, we shall not be intimidated by their continued attempts to impose their external political agenda on us.
Finally, contrary to some media reports the Government has consistently provided the residents with water. When the borehole was temporarily shut down last year water was trucked in until the borehole was restored.