The Land Tribunal has this week dismissed an appeal following an objection raised concerning the controversial allocation of some ranches located near Banyana farms in the vicinity of Southern District Council (SDC).
WeekendPost has turned up information suggesting that the members of Basimane Syndicate; the Secretary Makgekgenene Neelo Kwape and Chairperson Lephatsimile Kwape were questioning the allocation- in particular of a ranch dubbed JN14A. Basimane syndicate’s contention was that the allocation of the ranch, which was since allocated to a well known Kanye business mogul Stephen Phirinyane, was irregular and unlawful.
They said he was disqualified on equitable considerations as he failed to disclose that he was a member of a syndicate known as Tsepane, which held rights over an existing borehole point. They further said he had also not applied for the disputed ranch but had only applied for ranch JN 14 B. Both ranches are in SDC locality in Rajakopo in the Ngwaketse tribal area. However, when making judgement this week Messr. Kebalepile Rutherford dismissed the appeal saying it lacks sufficient evidence and was full of unsubstantiated allegations.
Rutherford made the ruling subsequent to heated arguments made before him, Tribunal President Boitumelo Kaisara and Messr Gordon Lecoge, who were also part of the bench of the matter. According to Rutherford, from available records, as at December 2005, the Tsepane Syndicate borehole, which Phirinyane was said to have used at the time, belonged to the Council (SDC). He said in terms of the records, it was used by the Syndicate on leasehold basis from Council.
“The court is therefore not convinced that such constituted a right that could disqualify an applicant from allocation or warrant disclosure. This ground therefore fails,” Rutherford said when reading the judgement. The court maintained that there was insufficient evidence also on whether Phirinyane was a member of the syndicate at the material point stressing that it was upon the appellant to prove the point. The Judge however further pointed out that, following the findings that he is not a member of Tsepane syndicate, the argument therefore automatically falls away.
This was said after allegations were made by Basimane Syndicate to court that Phirinyane held borehole rights at Tsepane Syndicate at the time. Another point they alluded to was that, the allocation was contrary to the spirit of equitable land allocation as contained in section 10 of the Tribal Land Act. Rutherford in return stated that in terms of the advert, syndicate applicants did not necessarily have an edge over individual applicants and therefore the argument failed.
Basimane Syndicate had argued that in allocating, Syndicates should have been preferred over individual applicants. It was however explained that the advert package did not even categorise applicants as such. The tribunal was required to determine whether the business tycoon’ cum farmer’s allocation of the disputed ranch was proper in light of the points raised by the appellants (Basimane Syndicate) in objecting to the allocation.
During prior arguments, Counsel Kgalalelo Monthe on behalf of Basimane Syndicate had maintained that the allocation was irregular, unlawful and contrary to the provisions of Tribal Land Act on equitable allocation, and that the allocated applicant did not adhere to the advertisement prerequisites. Monthe argued that the allocation be set aside as a nullity. Further, he said that the Tribunal should make appropriate orders such as allocating the appellant the disputed ranch or an alternative site.
“He said the appellants deserve to be allocated as the only party before the tribunal and also as only two applicants applied for the disputed ranch.” On the other side, representing Ngwaketse Landboard at the time, Counsel Laba Mokete, stressed that in terms of Ngwaketse Landboard minutes, on the procedure used for allocating ranches, there was no particular procedure which they failed to follow. In addition, when speaking on behalf of Phirinyane, attorney Doreen Khama said it would not be fair for Phirinyane’s allocation to be set aside when he had developed it over 10 years.
Justice Rutherford emphasised that the court is required to determine the validity of the disputed allocation based on applicable laws and procedures as opposed to the magnitude of improvements on site. “To illustrate this, in the selection process, allocations were not based on the ranches applied for but rather on the scoring system. Ngwaketse land Board’s explanation in this regard prevails. This also means the issue of addition of farm JN14A to Phirinyane’s application form becomes irrelevant,” Rutherford ruled.
Ngwaketse landboard advertised 4 ranches for allocation being KN33A, KN33B, JN14A and JN14B on 16 July 2006. A total of 104 applicants’ responded to the advert. The four successful who were later called for interviews includes Popagano Syndicate who scored 38.83 points, Stephen Ntirelang Phirinyane (37.33), Kgosikhumo Gofhamodimo (36.50) and Thomas Mhenyi Kwape (36.50).
Phirinyane was one of the 4 successful applicants to be allocated based on marks scored, and was consequently allocated. Basimane Syndicate then objected to his allocation. The objection was however dismissed by Ngwaketse landboard, but the Syndicate then appealed to the Tribunal under case no. 10/2007. In October 2011, the tribunal later on, in turn remitted the matter to Ngwaketse Landboard for “re-consideration”.
Ngwaketse landboard then resolved to, at its meeting of February 2015; dismiss the objection made by Basimane Syndicate on the basis that the Syndicate failed to substantiate their allegations concerning Mr. Phirinyane’s allocation of ranch JN14A. The land board felt that the allocation was in order. Aggrieved by the decision, Basimane Syndicate filed the Appeal which consequently was disimissed this week in favour of business magnate Phirinyane and Ngwaketse landboard.
Former Umbrella for Democratic Change (UDC) Member of Parliament for Gaborone North, Haskins Nkaigwa has confirmed his departure from opposition fold to re-join the ruling Botswana Democratic Party (BDP).
Nkaigwa said opposition is extremely divided and the leadership not in talking terms. “They are planning evil against each other. Nothing much will be achieved,” Nkaigwa told WeekendPost.
“I believe my time in the opposition has come to an end. It’s time to be of value to rebuilding our nation and economy of the country. Remember the BDP is where I started my political journey. It is home,” he said.
“Despite all challenges currently facing the world, President Masisi will be far with his promises to Batswana. A leader always have the interest of the people at heart despite how some decisions may look to be unpopular with the people.
“I have faith and full confidence in President Dr Masisi leadership. We shall overcome as party and nation the current challenges bedevilling nations. BDP will emerge stronger. President Masisi will always have my backing.”
Nkaigwa served as opposition legislator between 2014-2019 representing Botswana Movement for Democracy (BMD) under UDC banner. He joined BMD in 2011 at the height public servant strike whilst Gaborone City Deputy Mayor. He eventually rose to become the mayor same year, after BDP lost majority in the GCC.
Nkaigwa had been a member of Botswana National Front (BNF), having joined from Alliance for Progressives (AP) in 2019.
Botswana has received assistance worth over P100 million from Japanese government since 2019, making the latter of the largest donors to Botswana in recent years.
The assistance include relatively large-scale grant aid programmes such as the COVID-19 programme (to provide medical equipment; P34 million), the digital terrestrial television programme (to distribute receivers to the underprivileged, P17 million), the agriculture promotion programme (to provide agricultural machinery and equipment, P53million).
“As 2020 was a particularly difficult year, where COVID-19 hit Botswana’s economy and society hard, Japan felt the need to assist Botswana as our friend,” said Japan’s new Ambassador to Botswana, Hoshiyama Takashi.
“It is for this reason that grants of over P100 million were awarded to Botswana for the above mentioned projects.”
Japan is now the world’s fourth highest ranking donor country in terms of Official Development Assistance (ODA).
From 1991 to 2000, Japan continued as the top donor country in the world and contributed to Asia’s miracle economic development.
From 1993 onwards, the TICAD process commenced through Japan’s initiative as stated earlier. Japan’s main contribution has been in the form of Yen Loans, which are at a concessional rate, to suit large scale infrastructure construction.
“In Botswana, only a few projects have been implemented using the Yen Loan such as the Morupule “A” Power Station Rehabilitation and Pollution Abatement in 1986, the Railway Rolling Stock Increase Project in 1987, the Trans-Kalahari Road Construction Project in 1991, the North-South Carrier Water Project in 1995 and the Kazungula Bridge Construction Project in 2012,” said Ambassador Hoshiyama.
“In terms of grant aid and technical assistance, Japan has various aid schemes including development survey and master planning, expert dispatch to recipient countries, expert training in Japan, scholarships, small scale grass-roots program, culture-related assistance, aid through international organizations and so on.”
In 1993, Japan launched Tokyo International Conference on African Development (TICAD) to promote Africa’s development, peace and security, through the strengthening of relations in multilateral cooperation and partnership.
TICAD discuss development issues across Africa and, at the same time, present “aid menus” to African countries provided by Japan and the main aid-related international organizations, United Nations (UN), United Nations Development Programme (UNDP) and the World Bank.
“As TICAD provides vision and guidance, it is up to each African country to take ownership and to implement her own development following TICAD polices and make use of the programmes shown in the aid menus,” Ambassordor Hoshiyama noted.
“This would include using ODA loans for quality infrastructure, suited to the country’s own nation-building needs. It is my fervent hope that Botswana will take full advantage of the TICAD process.”
Since then, seven conferences where held, the latest, TICAD 7 being in 2019 at Yokohama. TICAD 7’s agenda on African development focused on three pillars, among them the first pillar being “Accelerating economic transformation and improving business environment through innovation and private sector engagement”.
“Yes, private investment is very important, while public investment through ODA (Official Development Assistance) still plays an indispensable role in development,” the Japanese Ambassador said.
“For further economic development in Africa, Japan recognizes that strengthening regional connectivity and integration through investment in quality infrastructure is key.”
Japan has emphasized the following; effective implementation of economic corridors such as the East Africa Northern Corridor, Nacala Corridor and West Africa Growth Ring; Quality infrastructure investment in line with the G20 Principles for Quality Infrastructure Investment should be promoted by co-financing or cooperation through the African Development Bank (AfDB) and Japan.
Japan also emphasized the establishment of mechanisms to encourage private investment and to improve the business environment.
According to the statistics issued by Japan’s Finance Ministry, Japan invested approximately 10 billion US dollars in Africa after TICAD 7 (2019) to year end 2020, but Japanese investment through third countries are not included in this figure.
“With the other points factored in, the figure isn’t established yet,” Ambassador Hoshiyama said.
The next conference, TICAD 8 will be held in Tunisia in 2022. This will be the second TICAD summit to be held on the African continent after TICAD 6 which was held in Nairobi, Kenya, in 2016.
According to Ambassador Hoshiyama, in preparation for TICAD 8, the TICAD ministerial meeting will be held in Tokyo this year. The agenda to be discussed during TICAD 8 has not yet been fully deliberated on amongst TICAD Co-organizers (Japan, UN, UNDP, the World Bank and AU).
“Though not officially concluded, given the world situation caused by COVID-19, I believe that TICAD 8 will highlight health and medical issues including the promotion of a Universal Health Coverage (UHC),” said Hoshiyama.
“As the African economy has seriously taken a knock by COVID-19, economic issues, including debt, could be an item for serious discussion.”
The promotion of business is expected to be one of the most important topics. Japan and its partners, together with the business sector, will work closely to help revitalize private investment in Africa.
“All in all, the follow-up of the various programs that were committed by the Co-Organizers during the Yokohama Plan of Actions 2019 will also be reviewed as an important item of the agenda,” Ambassador Hoshiyama said.
“I believe that this TICAD follow-up mechanism has secured transparency and accountability as well as effective implementation of agreed actions by all parties. The guiding principle of TICAD is African ownership and international partnership.”
Directorate on Intelligence Services (DIS) Director General, Brigadier Peter Magosi is said to be hell-bent and pushing President Mokgweetsi Masisi to reshuffle his cabinet as a matter of urgency since a number of his ministers are conflicted.
The request by Magosi comes at a time when time is ticking on his contract which is awaiting renewal from Masisi.
This publication learns that Magosi is unshaken by the development and continues to wield power despite uncertainty hovering around his contractual renewal.