Botswana: Kalahari reserve residents appeal against eviction

Botswana: Kalahari reserve residents appeal against eviction

Residents of the Central Kalahari Game Reserve (CKGR) have appealed against a government decision to cut basic services to those living in the reserve. Heard on 11 July, the appeal by Roy Sesana and 247 other residents, against a previous High Court ruling against them, was referred back to the High Court in Lobatse.

PRESS RELEASE V OF THE NEGOTIATING TEAM, THE MANDATED REPRESENTATIVES OF
THE RESIDENTS OF THE CENTRAL KALAHARI GAME RESERVE (CKGR)

JULY UPDATE OF THE CASE

The Negotiating Team, which comprises representatives of the residents
of the CKGR, First People of the Kalahari (FPK), the Working Group for
Indigenous Minorities in Southern Africa (WIMSA), Kuru Development
Trust, DITSHWANELO - The Botswana Centre for Human Rights and the
Botswana Council of Churches (BCC), continues with the case against the
January 2002 decision of the Government of Botswana, to cut basic and
essential services to the residents.

The appeal, brought by Mr Roy Sesana and 247 other residents of the
CKGR, against the decision of Judge Dibotelo of 19 April 2002, was taken
to the Court of Appeal on Thursday 11 July 2002. The residents were
represented by Advocate John Whitehead and Mr Eddie Bayford of Chris du
Plessis Attorneys.

The appeal was opposed by Mr Nchunga Nchunga, representing the Attorney
General. He supported the decision of Judge Dibotelo and raised more
points. These were that Mr Roy Sesana did not have the automatic right
to appeal, but should instead, have applied to Judge Dibotelo for
permission to appeal. He also stated that that as the `relocation
exercise' had been completed, the appeal was of academic value only.

The Court of Appeal Judges, Mr Justice P.H. Tebbutt, Lord R.I Sutherland
and Mr Justice A.M. Akiwumi, suggested to both the lawyers representing
the residents and the Attorney General, that they consider agreeing to
an order that the application of Mr Sesana and the others be urgently
referred back to the High Court, for witnesses to give verbal evidence.
The Court of Appeal commented that such an order would allow the case to
begin without it becoming delayed by technical issues. The residents of
the CKGR appealed, precisely because the ruling of Judge Dibotelo in
April 2002, had prevented them from presenting their case, as he had
struck it down because of a technical point.

The lawyers of both parties agreed to the proposal of the Court of
Appeal. However, the residents of the CKGR informed the Court that it is
expensive for them to travel to and stay in Lobatse. They said that they
would have greater access to the High Court if it sat for a special
session in Gantsi. Judge President Tebbutt indicated that he would be
prepared to order a special sitting of the High Court at Gantsi on a
date convenient to everyone involved.

As the residents of the CKGR are deciding on whether they will be able
to get to Court to present their cases in person, the Court of Appeal
agreed that the matter be postponed pending either the referral of the
dispute back to the High Court for the hearing of verbal evidence, in
Gantsi or for the launch of fresh proceedings on affidavit (written
statements), in Lobatse.

The residents of the CKGR welcome the assistance given to them by the
Court of Appeal, in presenting their case on the merits without having
to contend with the numerous technicalities raised by the Attorney
General.

19 July 2002, Gaborone

Released by DITSHWANELO - The Botswana Centre for Human Rights on behalf
of the Negotiating Team

For more information contact: DITSHWANELO - The Botswana Centre for
Human Rights tel: (267) 306998 fax: (267) 307778 e-mail
[email protected]

--
Alice Mogwe (Ms)
Director
DITSHWANELO - The Botswana Centre for Human Rights
Private Bag 00416
Gaborone
Botswana

Tel: +267 306998
Fax: +267 307778
E-mail: [email protected]