Court Rules Against San Eviction in Botswana
The indigenous San people have won a court case against the government following Botswana's intention to evict them from what it termed a 'wildlife corridor' .
Documents
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Kalahari San Water Appeal Judgement - Botswana High Court
- Publisher:
- Survival International
- Publication Date:
- 27 January 2011
Full High Court ruling that has found that: - the San have the right to use their old borehole, which the government had banned them ... see more »
InFocus
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The San people face continued attacks from the authorities as the government seeks to drive them from the Kalahari desert into resettlement camps. Read more »
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The U.S. ambassador to Botswana strongly condemned the government's forced eviction of the Kalahari San, according to secret U.S. embassy cables. Read more »
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In a momentous decision, Botswanas Court of Appeal has quashed a ruling that denied the Kalahari San access to water on their ancestral lands. Read more »
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CAPITALISM! The obsession with WESTERN (United States and Europe) style BLING BLING "for the few" is at the root. We celebrate Botswana's being ACCEPTED by western money lovers who talk of their good banks, etc. Now the REQUIREMENT to SELF-DESTROY Botswana culture to keep pleasing the WEST. INDIGENOUS IS THE HEART OF CULTURE. Who PROTECTS "T H E I R" cultures and who caters to destroying their cultures "V O L U N T A R I L Y" to be ACCEPTED (accepted being code word for BACK-DOOR COLONIALISM AND SLAVERY).
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19/6/13
From: Dr. Jeff Ramsay for Botswana Government Communications
UPDATE: GOVERNMENT AND RANYANE APPLICANTS REACH SETTLEMENT - NO COURT JUDGEMENT AGAINST GOVERNMENT
Yesterday 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 consistently made its position absolutely clear that it has never been its intention to evict either the said applicants or for that matter anyone else from the settlement against their will.
In the above context, the Attorneys for the Respondents and Government were able to reach mutual agreement yesterday, which was subsequently accepted by the Honourable Mr. Justice Lot Moroka as the basis of a CONSENT Court Order, being an order where both sides have come to a mutual agreement.
Contrary to what has been widely misreported by some in the local media, following disinformation circulated by the Survival International organisation, and their supporters at the Open Society Initiative of Southern Africa (OSISA), there was NO judgement against Government by the Court yesterday.
Neither is Government in anyway barred from facilitating the voluntary relocation of any residents from Ranyane to elsewhere, should such persons wish to do so.
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 [not 600 as has been widely misreported].
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.
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.
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 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.
It may be further noted that none of the households who have moved over the last two week are associated with any legal interdict.
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.
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.
Appendix: Full Text of the Agreement reached by Attorneys for the Respondents and Plaintiffs yesterday:
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;
i) Provision of food rations and other social services to the residents of Ranyane;
ii) Law enforcement agencies pursuing their lawful duties.
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