Some four hundred and twelve residents of Gaphatshwa village will become the latest casualty in the land crisis bedeviling the country, as the Kweneng District Council plans to demolish 54 households at the village, soon to be renamed Metsimotlhabe Block 4.
WeekendPost has established that some residents in the area have already been served with letters this week by Kweneng Land Board summoning them to have vacated their long time households in 30 days while others who resisted the evacuation have been subpoenaed to appear before court.
This publication has gathered that the residents have been instructed to move so as to make way for impeding developments.
According to confidential minutes between the Landboard members and some Gaphatshwa residents seen by this publication, the inhabitants – who are not even squatters -are being pushed out as there is new layout that has to be put up in the area (to be named Metsimotlhabe Block 4) and all properties in that area will have to be relocated.
The Landboard is believed to have initially thought that some properties could be realigned to the new layout, but that thinking has since been abandoned and KDC now wants the residents to evacuate.
“Experts have advised that the existing structures may not meet the current development standards, the structures may be affected during construction by vibrations caused by construction machinery, safety and health issues and the whole environment of the residents will be affected during construction by noise pollution, dust hence the need for relocation,” Landboard officials stated as per the minutes of a meeting held on 9 February and on 21, 27, 28 April 2016.
According to the minutes some residents who were told to evacuate and resisted were informed that the layout is not yet serviced and there is no way they can remain within the plots in question. The landboard officials stated that “land right holders were consulted at kgotla meetings after that there were individual consultations. They were informed that their mokgoro will be assessed and compensated for in monetary terms for the developments made and be allocated an alternative standard size residential plot and be compensated for loss of right if any in monetary terms. They were also informed that the ploughing field and mokgoro has been assessed and cheques prepared.”
For their part, some residents indicated in the meeting that they were willing to give their ploughing fields and mokgoro to the Landboard but they have some demands as they had been using that land for their livelihood for a very long time. The residents argued that they were never consulted and only met with the assessment team who assessed their properties. They further posited that the value of a residential plot in that area is over P 200 000.00.
Furthermore, they stated that the money stated as compensation was not enough for them to develop the new plots. They insisted they “will want to be compensated with land for their ploughing fields instead of monetary terms”. They also state that they want reasonable hectares as compensation for the ploughing fields and therefore won’t relocate if their demands are not met.
The other alternative, they maintained, is that they can be given the number of residential plots that can be accommodated within their mokgoro, and also want to be compensated with land just like other land right holders who have been compensated with land recently.
Some area dwellers were however informed that they had been granted the right to use the land in question which is tribal and was not the right one. Landboard officials explained that “when tribal land is acquired, compensation is done in monetary terms as per compensation guidelines for acquiring tribal land. Practice of mpeelabana was long brought to an end in 2005. If there was an agreement with landboard before the practice was brought to an end that ploughing field owner will be allocated residential plots as part of compensation and that agreement has to be honoured.
The minutes indicate that the board resolved to apply for compulsory acquisition of the ploughing fields and the mokgoro in question as the allottee’s representative demands to be compensated in land is not in line with compensation guidelines for acquiring tribal land as per the Tribal Land Act.
According to the minutes, Land board Chairman M. Babitseng and his Vice J.O Matlhabaphiri together with six other board members being S.O Otukile, E. Kepaletswe, K. Mosinkie, O. Dube, D. Molatlhegi, U. Obotseng were present at the meeting. In addition Kweneng Landboard attorney A. Baikakedi, Principal Land Registration officer D. Rabai, Land adjudication officer I. Ditlogolo and board clerk M. Godirilwe also graced the meeting that was between landboard officials and some residents.
The Gaphatshwa residents also had a succeeding kgotla meeting on Wednesday this week addressed by the area Member of Parliament Pius Mokgware – during which they aired their land grievances, fears and qualms. Their worst fear, they revealed is seeing the yellow monster ravaging their buildings. Some even vowed they would rather die than see their structures being demolished.
The residents further told the MP that they will only surrender the land provided they are properly re-allocated plots, along with their children. Also, they highlighted, they don’t agree with the government/landboard compensation which is not in the form of adequate land.
According to the area dwellers the landboard wants to give some P25 000 for a few hectares which they protest is very low. Some were promised P9 600 for 3 hectares – which they out rightly rejected. For 10 hectares of land they insisted they want 4 hectares and for 4 hectares they argued 1 hectare would be sufficient in the compensation.
For his part, the Mmankgodi/Manyana law maker stressed that government has spelled out its intention to eradicate poverty and therefore its actions should speak out for that stance and not against it. Mokgware submitted that in an ideal world the developments should go to the people and not the people moving out for developments. “The tradition and land policy from way back is that if there are developments anywhere, people’s structures found there should be left alone and developments should find them there.”
He said he will establish a committee comprising of some residents that will meet Minister of Lands and Housing Prince Maele in a span of time. The committee will request the minister to intervene and order the landboard to refrain from writing area dwellers letters instructing them to vacate the area until they resolve the agreeable compensation.
They also want Maele to order the landboard to recognize the existing residents’ structures and not demolish them but instead incorporate them into future plans for the new Metsimotlhabe Block 4.
It is understood that the residents particularly in Gaphatshwa have been having unsettled land issues as far back as 2001, and some even applied to the land tribunal but still could not be assisted satisfactorily.
WeekendPost made efforts to contact Mogoditshane Sub landboard Secretary Anthony Bashingi, in which the area falls under, and he said he was not invited to the MP’s kgotla meeting and he further referred this publication to his superiors at Kweneng Landboard. Acting Kweneng Landboard Secretary Vincent Sekano was said to be out of the office on an official assignment.
However Principal Public Relations Officer Prudence Lekhupile said in terms of compensation which the residents strongly dispute, there is a standard reward put forth by the Ministry of Lands and Housing.
“If they disagree they are allowed to go back to the drawing board to negotiate the compensation fee. There is an established complaint procedure to follow,” she pointed out.She also said there is a certain percentage of land to be given to children whose parents’ land is being possessed.
According to the spokesperson they also compensate in monetary terms commensurate with the materials used at the ploughing field or land being possessed.
An international report complied in South Africa dubbed ‘Legal Gender Recognition in Botswana’ says that the transgender and gender non-conforming people in Botswana live a miserable life. The community experiences higher levels of discrimination, violence and ill health.
In this report, it has been indicated that this is because their gender identity, which does not conform to narrowly define societal norms, renders them more vulnerable. Gender identity is a social determinant of health, which means that it is a factor that influences people’s health via their social context, their communities and their experiences of social exclusion. The Ministry of Health and Wellness has recognized this, and transgender people are considered a vulnerable population under the Botswana Second National Strategic Framework for HIV and AIDS 2010-2017.
In a recent study that shed light on the lived experiences of transgender and gender non-conforming people in Botswana, transgender persons often experience discrimination because of their gender identity and expression. The study was conducted by the University of Cape Town, LEGABIBO, BONELA, as well as Rainbow Identity Association and approved by the Health Ministry as well as the University of Botswana.
Of the 77 transgender and gender non-conforming people who participated in the study, less than half were employed. Two thirds, which is approximately 67% said that they did not have sufficient funds to cover their everyday needs. Two in five had hidden health concerns from their healthcare provider because they were afraid to disclose their gender identity.
More than half said that because of their gender identity, they had been treated disrespectfully at a healthcare facility (55%), almost half (46%) said they had been insulted at a healthcare facility, and one quarter (25%) had been denied healthcare because of their gender identity.
At the same time, the ‘Are we doing right’ study suggests that transgender and non-conforming people might be at higher risks of experiencing violence and mental ill-health, compared to the general population. More than half had experienced verbal embarrassment because of their gender identity, 48% had experienced physical violence and more than one third (38%) had experienced sexual violence.
The study showed that mental health concerns were high among transgender and gender non-conforming people in Botswana. Half of the transgender and gender non-conforming study participants (53%) showed signs of depression. Between one in four and one in six showed signs of moderate or severe anxiety (22% among transgender women, 24% among transgender men and 17% among gender non-conforming people).
Further, the study revealed that many had attempted suicide: one in three transgender women (32%), more than one in three transgender men (35%) and three in five gender non-conforming people (61%).
International research, as well as research from Botswana, suggests that not being able to change one’s gender marker has a negative impact on access to healthcare and mental health and wellbeing. The study further showed that one in four transgender people in Botswana (25%) had been denied access to healthcare. This is, at least in part, linked to not being able to change one’s gender marker in the identity documents, and thus not having an identity document that matches one’s gender identity and gender expression.
In its Assessment of Legal and Regulatory Framework for HIV, AIDS and Tuberculosis, the Health Ministry noted that “transgender persons in Botswana are unable to access identity documents that reflect their gender identity, which is a barrier to health services, including in the context of HIV. In one documented case, a transwoman’s identity card did not reflect her gender identity- her identity card photo indicated she was ‘male’. When she presented her identity card at a health facility, a health worker called the police who took her into custody.”
The necessity of a correct national identity document goes beyond healthcare. The High Court of Botswana explains that “the national identity document plays a pivotal role in every Motswana’s daily life, as it links him or her with any service they require from various institutions. Most activities in the country require every Motswana to produce their identity document, for identification purposes of receiving services.”
According to the Legal Gender Recognition in Botswana report, this effectively means that transgender, whose gender identity and expression is likely to be different from the sex assigned to them at birth and from what is recorded on their identity document, cannot access services without risk of denial or discrimination, or accusations of fraud.
In this context, gays and lesbians advocacy group LEGABIBO has called on government through the Department of Civil and National Registration to urgently implement the High Court rulings on gender marker changes. As stated by the High Court in the ND vs Attorney General of Botswana judgement, identity cards (Omang) play an important role in the life of every Motswana. Refusal and or delay to issue a Motswana with an Omang is denying them to live a complete and full-filing life with dignity and violates their privacy and freedom of expression.
The judgement clarified that persons can change their gender marker as per the National Registrations Act, so changing the gender marker is legally possible. There is no need for a court order. It further said the person’s gender is self-identified, there is no need to consult medical doctors.
LEGABIBO also called on government to develop regulations that specify administrative procedure to change one’s gender marker, and observing self-determination process. Further, the group looks out for government to ensure members of the transgender community are engaged in the development of regulations.
“We call on this Department of Civil and National Registration to ensure that the gender marker change under the National Registration Act is aligned to the Births and Deaths Registry Act to avoid court order.
Meanwhile, a gay man in Lobatse, Moabi Mokenke was recently viciously killed after being sexually violated in the streets of Peleng, shockingly by his neighbourhood folks. The youthful lad, likely to be 29-years old, met his fate on his way home, from the wearisome Di a Bowa taverns situated in the much populated township of Peleng Central.
CEO of Khato Civils Mongezi Mnyani has come out of the silence and is going all way guns blazing against the company’s adversaries who he said are hell-bent on tarnishing his company’s image and “hard-earned good name”
Speaking to WeekendPost from South Africa, Mnyani said it is now time for him to speak out or act against his detractors. Khato Civils has done several projects across Africa. Khato Civils, a construction company and its affiliate engineering company, South Zambezi have executed a number of world class projects in South Africa, Malawi and now recently here in Botswana.
About ten (10) Umbrella for Democratic Change (UDC) parliamentary candidates who lost the 2019 general election and petitioned results this week met with UDC Vice President, Dumelang Saleshando to discuss the way forward concerning the quandary that is the legal fees put before them by Botswana Democratic Party (BDP) lawyers.
For a while now, UDC petitioners who are facing the wrath of quizzical sheriffs have demanded audience with UDC National Executive Committee (NEC) but in vain. However after the long wait for a tete-a-tete with the UDC, the petitioners met with Saleshando accompanied by other NEC members including Dr. Kesitegile Gobotswang, Reverend Mpho Dibeela and Dennis Alexander.