The 114 applicants wanted to be provided with water and other amenities
Residents of Ranyane settlement in the Gantsi District waited for almost a year for a judgement to be delivered at the Gaborone High Court, only to be told that as long as they have chosen to remain in a wildlife management area while others agreed to be relocated to other areas, they are not entitled to free services from government.
Residents had taken government to court over the termination of water services, mobile clinic and Draught relief programmes in their area. They demanded such services to be restored.
In a Judgement that took Justice Terrence Rannowane ten Months to prepare, Ranyane residents were told that the Council cannot be ordered by court to extend such services to unrecognised settlements such as theirs.
“In summary, I find that Ranyane is an unrecognised settlement situated within wildlife management area. The provision of services thereat including water and Ipelegeng programmes was a temporary arrangement and all the rightful beneficiaries and consumers of the services were aware of this arrangement. The termination of such services followed extensive consultations with the residents,” Rannowane ruled.
Rannowane reserved this judgment last year December and by the time he delivered the judgement on Wednesday this week; just two of the 114 applicants in the matter were present in court. The duo said it was because others could not make it to Gaborone on short notice owing to the long distance and the remote location of their Settlement.
Ranyane is located about 300 km East of Gantsi Township, making it around 1000 kilometres from Gaborone. It is inhabited mostly by Basarwa tribe, some Bangologa as well as Bakgalagadi tribes. It has a Headman, an elected Councillor as well as a specially nominated Councillor. According to the 2011 population census, the settlement had 182 people.
The attorney, representing the 114 applicants in the legal battle for restoration of services, Onalethata Kambai of Kambai Attorneys in Gaborone who represented them on voluntary basis said he had to travel to Ranyane to inform the people of the outcome of their court case.
“On the face of it, it is appealable, but we are going to consult the clients first. Left as it is, the judgment sets a bad precedence that people cannot co-exist with animals,” Kambai expressed his disappointment with the judgment. However he insisted that it is the applicant who would make a decision of whether or not to appeal against the judgment.
Tale of Ranyane
The conflict of services between Ranyane and the Gantsi District Council started in 2011 following the population census which revealed that the number of people living in the area was going up. From then, the Council announced its plan to relocate the Basarwa who had settled in the area over the years to neighbouring settlements such as Bere. Met with résistance from residents, the government then took away the only borehole engine which was pumping underground water to supply the settlement and the legal battle ensued.
One of the applicants in the matter Heebe Karakubis, 57, says she was born and grew up in Ranyane. The government insists that she was not born in Ranyane but rather a nomad who travelled from other parts of Gantsi District.
However the evidence she submitted before court was that she and other residents used to live on wild fruits and berries such as kgengwe and mokawa as well as hunting wild animals for sustenance around Ranyane area. The lifestyle changed after independence when the government passed laws banning hunting. Since then most residents earn their living by working in farms around the settlement and in government draught relief programmes such as Ipelegeng.
The explanation by government is that in the 1960s, boreholes were sunk along a stretch of land from Gantsi District to Lobatse known as the trek route boreholes. They were used for watering cattle which were driven on foot, donkey or horseback to the Botswana Meat Commission (BMC) in Lobatse and Ranyane was one of those boreholes drilled for such purpose.
Since selling cattle to BMC was not an everyday event, the boreholes were used for other purposes including as source of water for Basarwa who were ordinarily nomadic and lived around various pans during rainy season. The borehole was later used as an artificial insemination camp.
Ranyane residents told court that before the camp was established, there were Basarwa who were already living there. The government subsequently closed the artificial insemination camp and stopped operating the borehole. The Basarwa tribe continued living in Ranyane as they used to before independence.
Records from the Department of Animal Production show that Ranyane and other boreholes were decommissioned in the 1980s; and the artificial insemination camp was moved to Metsimantsho settlement.
In 1992, Ranyane residents say they requested the Council to provide them with a borehole engine so that they can draw water for the settlement. The very same year, officials from the Gantsi Land Board and the Department of Wildlife and National Parks informed the residents in a kgotla meeting that Ranyane was a Wildlife Management area and that their presence in the areas was obstructing the movement of the animals.
However three years later, in 1995 Metsimantsho Councillor Paul Mokgethisi, moved a motion calling for the re-opening of Ranyane borehole for use by Basarwa who were then residents at Metsimantsho, Ncojane and various pans such as Gakhwa, Zwgkata, Kaangwa, Dibakang, Uzwe, Ngwamasisi, Rulane and others.
The council adopted the motion since Basarwa in those areas, though generally nomadic, were living precariously during dry seasons. The motion according to the Council was adopted with understanding that Basarwa would get water temporarily at Ranyane until a settlement is identified for them. Since then the Council provided maintenance of the engine, constructed a reservoir and water reticulation pipes in Ranyane.
“The council undertook to operate the borehole as a temporary measure as it was within the wildlife management area and those who settled there were made aware of this arrangement and this included the then Councillor for the area. It was only in 1996 that people started converging in that area increasing the population from 39 in 1991 to 94 in 2001 and to 182 as per 2011 census,” Rannowane noted in his judgment.
The Gantsi District Council had argued that, following the reopening of the borehole in 1995, there was an influx of Bakgalagadi and other Tswana speaking farmers who left their farms and other communal boreholes to take advantage of free water in Ranyane. Some of them brought with them large numbers of livestock (300 herd per farmer) and quickly became dominant in decision making. This state of affairs did not help the situation and exacerbated the costly and unsustainable nature of the provision of services and the Council could not cope.
“It had become clear, it was averred, through kgotla consultative meetings that it was not the original Basarwa people who were intended to be temporarily assisted with water at Ranyane but other ethnic groups with large numbers of cattle who had incited them to renege from the original agreement. That was apparently because they had left their own farms and boreholes behind and were amassing riches at the expense of Council,” Rannowane further stated.
The Council stopped the operation of the engine on the 8th December 2011. The engine was in working order when removed. The Basarwa people were told the engine was removed because they were now sharing water with other tribes especially Bakgalagadi who had settled in Ranyane and reared more domestic animals.
However the Engine was brought back in 2012, but the Council was no longer providing free diesel. The residents had to sell their lifestock to buy the needed 210 litres of diesel which costs around P21 000.00 Month plus an extra P1000.00 for transporting it from Gantsi.
In the event the engine is malfunctioning, they have to go for many weeks or months without water as compared to when the Council was running it as it would immediately send an officer to fix it. The current engine used at Ranyane was bought by the residents after they mobilised their resources to buy it at a whooping amount of P10 000.00.
Although the court has reaffirmed the Council’s stance that Ranyane is an unrecognised settlement, several developments and services were brought to Ranyane just like in all other areas within the Gantsi district including the installation of a Headman of Arbitration in 1998. A kgotla, shelter for mobile clinic and a toilet were constructed by Ranyane dwellers through the draught relief programme. They also fenced the Ranyane graveyard and debushed the main road through the same programme.
The Independent Electoral Commission even put up a polling station at the area during previous elections and the Minister of Local Government and Rural Development Planning recognised Ranyane when a Councillor was specially nominated to represent Ranyane/Metsimantsho ward in the Gantsi District Council.
On the 1st May, 2013, the Council engaged in a house to house campaign where the people were told to relocate or suffer the consequences as the Council intended to terminate the provision of services by way of removing the borehole engine amongst other services.
On the 24th May 2013 there was an urgent meeting addressed by government officials and at the said meeting the Land Board Chairperson, Nelson Molepolole is said to have told the Ranyane inhabitants that they had to relocate otherwise the government would engage the Police and the Special Support Group to monitor those who refused to relocate. If fact Molepolole is said to have threatened those who refused to relocate that their houses will be demolished using earth moving equipment.
Some residents gave in to the forceful relocation while some resisted and successfully launched a legal action against government.
On July 2013, the then Assistant Minister of Local Government and Rural Development, Olebile Gaborone addressed a meeting where he tried to persuade the resident to relocate but the majority refused. In one of the meeting the Minister promised that the government would respect the court order and would do nothing to contradict or disobey it.
That very same Month the government stopped all draught relief programme from Ranyane.
Before the programme was terminated, there were 40 residents of Ranyane employed on a rotational basis earning around P400 per Month. They relied on the money to support themselves and families. Since the termination of the programme they contend they do not have alternative employment or source of income and hence they have been reduced to live in dire destitution.
Some residents had to move to neighbouring settlements such as Kole and Metsiamanong where the services have not been terminated. Some relocated so as to take up work in draught relief programmes while others had to safe themselves and their livestock from thirst.
The resident are of the view that these unpleasant state of affairs were deliberately designed by the government to punish those who refuse to relocate from Ranyane and to compel them to move out and that in the absence of reasonable explanation for termination of the said services, the government’s conduct amount to unjustified and unfair discrimination in the distribution and provision of services.
The government stand is that it never intended to force Basarwa to relocate from Ranyane but rather that the house to house campaign of May 2013 was to “take the inventory of belongings of those who were willing to relocate and also to deal with possible family issues such as a situation where within a family some members would wish to relocate whilst others would want to remain behind.
It further suggested that the Basarwa prior to the influx of other ethnic groups had never shown any indication of reneging from the understanding that their stay was temporary.
The government further contended that the Bakgalagadi and Tswana Speaking groups influenced a motion to declare Ranyane a recognised settlement despite the low number of residents.
The government stand is that due to low number of residents coupled with the fact that it was located within a wildlife management area, Ranyane could not be declared a recognised settlement.
As regards the provision of drinking water, Rannowane concluded that the matter should be resolved with the Water Utilities Corporation, which is responsible for provision of such a service throughout the country and that the provision of a mobile clinic is the responsibility of the Ministry of Health not of the Gantsi District Council.
Stanbic Bank Botswana Quarterly Economic Review indicates that Botswana will fail to meet some of its Vision 2036 targets, particularly unemployment reduction and reaching high-income status.
The report says this is mainly due to the slow economic growth that the country is currently experiencing. This Quarterly Economic Review focuses on the 2020 Budget Speech.
The first paper reviews the entire budget with its key observations being that this budget is prepared as prescribed by the Public Finance Management Act; the priorities it seeks to address are drawn from Vision 2036 and the eleventh
The 2020 budget Speech, which was the maiden speech by the Minister of Finance and Economic Development, Dr. Thapelo Matsheka, and the first after the 2019 general elections, was delivered to Parliament on the 4th of February 2020.
It has been well received by the labour unions, business community, and the public at large as well as international organisations such as the International Monetary Fund (IMF).
It mainly derived its support from key facets including, emphasis on changing the business-as-usual approach to development; outlining the transformation agenda; fiscal reform that minimizes the negative impact on economic development and human welfare, competiveness and the decision to implement the 2019 negotiated and agreed public sector.
The budget’s progress review shows that economic growth was consistent with the NDP 11 projections, with growth of around 4 percent. At this growth rate, the country would neither ascend to a high-income status nor reduce unemployment towards the Vision 2036 target of a single digit.
Simple calculations of this review confirm that the economy will need to grow the Vision 2036’s target of 6 percent over the next 16 years for per capita income to increase from around USD 8,000.00 to above USD 12,000.00 in current prices.
Further, the population is anticipated to grow by only 2 percent per annum.
For this reason, the focal areas for the forthcoming FY’s budget include measures to increase economic growth towards an average of 6 percent per annum.
Economic diversification is reportedly progressing fairly well. The report says, the share of the non-mining private sector in value added has risen to 66 percent in 2018 from to 63 percent in 2015.
The sectoral pattern of growth showed that the performance of services sector (particularly transport & communications, trade, hotels & restaurants, and finance & business services) has been the silver lining and that of mining sector was subdued whilst the utility sector disappointed.
The drive towards the service sector of the economy, especially to low-productivity activities (tourism, public administration, wholesaling and retailing) does not bode well for the country’s development aspirations.
In the previous versions of this Quarterly Review, it was noted that there is need for the rethinking of economic diversification. Since the country’s domestic market is small, it is inevitable that economic diversification not only focus on broadening the product mix, but also the composition of exports and markets.
This understanding of economic diversification has not been embraced by this year’s budget. Consequently, Botswana’s exports are still overwhelmingly diamonds, which means that the rest of economic sectors are still highly dependent on foreign-exchange earnings from diamonds. Thus, “the transformation programme requires a review of the country’s entire ecosystem”.
The budget review of the economic context also depicts that an economy with positive medium-term prospects, with growth expected to recover to 4.4 percent in 2020 from the expected growth of 36 percent in 2019 largely due to faster growth of services sectors and, thereafter, to slow-down to 4 percent in 2021.
These projected growth rates are comparable to those of the IMF staff’s baseline scenario of 4.2 percent in 2020 and 4 percent in 2021. Thus, the business-as-usual scenario produces growth rates that are still too low to achieve Botswana’s development objectives and create enough jobs to absorb the new entrants into the labour market.
Trade tensions between the two major markets for diamond exports, viz., the United States of America and China, is one of the factors that are cited as contributing to, indeed, undermining not only the domestic growth, but also the fiscal position.
Another notable downside risk to both global and domestic growth is outbreak of the coronavirus in China around January 2020. This has been declared as a global health emergency. In an attempt to contain the spread of the novel coronavirus pneumonia, the Chinese authorities have ordered city lockdowns and extended holidays, of course, at the expense of near- term economic growth, according to the new Stanbic Bank Botswana report.
According to Nomura Holdings Inc., fewer migrant workers returned for work than in previous years and business activities have been slow to pick up. The havoc wreaked by the virus on the world’s second largest economy is likely to spill over to the global economy. In fact, it has resulted in a glut in crude oil and, thereby placed oil markets into a contango, i.e., a market structure where near-term prices trade at a discount to future contracts.
It also presents significant risks one of Botswana’s main drivers of economic growth, diversification and foreign exchange earnings. According to the Financial Times (February 13, 2020), Chinese tourists spent $130 billion overseas in 2018. Regardless of whether the growth materializes, the projected domestic growth rate would not transform the economy to a high-income one.
Progress towards reduction of unemployment, to a target of single digit, and poverty and achieving inclusive growth has also been relatively slow, the Stanbic Bank Botswana Review says.
Ministry of Presidential Affairs, Governance and Public Administration (MOPAGPA) has through the Office of the President (OP) proposed to avail Orapa House for use by private training institutions as well as research institutions involved in the area of technology development.
For a very long time the monumental building located in the heart of the city has been a white elephant, despite government purchasing it for nearly P80 million from De Beers in 2012.
However, government has now identified a productive use for the iconic building. “The overall vision is for the building to be transformed into a hub for digital technology research and development to be carried-out by institutions, such as; Limkokwing University, BIUST, BITRI and other relevant stakeholders.”
The decision was taken as government traverse a new path of transforming the economy from a mineral led economy to a knowledge based economy through the promotion of research and innovation. However, the facility will need major maintenance to be carried-out in order to meet the requirements of the proposed change in use.
“The work will include provision of laboratories, work stations, production areas and seminar rooms; audio visual centre, high speed internet connectivity, exhibition areas and offices,” reads the proposal note for the development.
These developments will be done through the refurbishment and maintenance of the main building, workshop, and ablution block, gate house, parking area, grounds, and access control and security service.
“There will be minimal modifications to the structure as it stands. The project is estimated to cost approximately P50, 000, 000,” says the report. In this regard, it is said, the initial scope of the OP facility will be modified to accommodate the envisaged digital technology research and development hub.
With funds needed to improve the building, OP has requested that; “the 2020/21 annual budget provision for Orapa House will need to be increased by P37,500,000 from P2,500,000 to P40,000,000 to kick start the maintenance works.” Funds will be sourced from the projects that have been delayed due to Covid-19 protocols during the 2020/21 financial year.
The building has been a thorny issue for government for years. Initially, OP was expected to move there but the move never materialised. At one point it was a question of whether the Office of the President and the Ministry of Finance and Economic Development were planning to override a decision by Parliament which rejected the proposal to buy Orapa House under the belief that government may be buying its own property. The building was to be bought at a negotiated cost of P79 million.
Again in 2012, Government had wanted to buy Orapa House for a negotiated P79m but the Finance and Estimates Committee of Parliament had rejected the request because of the inconsistencies realised in the supporting documents of the proposed procurement. The valuation of the building was put at P74 million.
The Ministry of Lands and Housing had initially offered De Beers P73, 000,000 as the purchase price. However, De Beers countered with P85, 000,000. On negotiation and converging of the minds, the selling price was finally agreed at P79, 000,000.
Auditor General, Pulane Letebele, has expressed discontentment at the worrying and deteriorating state of brigades in the country.
In an audit inspection which was carried out at Tshwaragano Brigade in Gabane, a number of observations showed weaknesses and shortcomings in the conduct of the financial affairs of the institution.
According to Letebele’s report, former students of the brigade had been engaged to carry out maintenance works on the school premises, comprising of painting, tiling, plumbing and electrical works, which covered the period from July 2017 to June 2018.
Although the agreed maintenance period had elapsed, the works had not been completed because of unavailability of funds and this situation had persisted up till the time of inspection in November 2019.
Auditor General says arrangements should have been made in time for funds to be available to complete these relatively minor works even before the works commenced.
Various contractors had been engaged for clearing the bush and for the supply of concrete stones, pit and river sand and hiring equipment for digging the trench towards the construction of an auto mechanics workshop, the report said.
It stated that the cost of services and supplies provided totalled P117 949.80. However, despite the services and the supplies having been paid for, the construction works had not commenced for a long period afterwards, resulting in the trench filling back in.
The audit inquiries had not elicited satisfactory responses as both the institution and the Ministry had not accepted the responsibility for the project, although orders for the provision for the supplies had been made. For their part, the Ministry had stated that they had sub warranted funds for the purchase of porta cabins.
Letebele indicated that it is therefore confusing that a project which is critical to the functioning of an institution such as this one would commence without a well-defined plan.
Furthermore, the accounting and maintenance of records for the supplies items were not of the standard prescribed by the Supplies Regulations and Procedures in that the supplies ledger cards, the main accounting records for Government assets, were not properly maintained for the recording of receipts and issues.
This had resulted in significant discrepancies between physical and ledger balances, while in other instances the supplies items had not been recorded at all.
The report says 24 of the 91 new computers found in the computer laboratory at Kumakwane ABC campus were not recorded anywhere, as were the other computers in the storeroom which could not be counted due to the disorderly storage conditions.
The institution had entered into a contract agreement with a security company for the provision of security services at Tshwaragano Brigade, ABC and Horticulture campuses at Kumakwane for a 2-year period which ended in June 2018, WeekendPost learnt.
After the contract expired in June 2018, an extension was granted till the 30th September 2018. Since then, there has been no security service coverage for the institution to-date. According to Auditor General, in the face of prevailing crimes, it is of paramount importance that government properties be protected by provision of security services at all times.
At Tlokweng Brigade, it was noted that the kitchen staff were working under difficult conditions as the kitchen facilities and equipment, such as the cold room, tilting pot, food warmers and solar power for hot water were dysfunctional. The kitchen roof was leaking and men’s restrooms was not working. All these need to be brought to a reasonable and functional state of repair.
The kitchen staff should use a purpose-designed Rations Ledger for the recording of receipts and issues of foodstuffs to reflect the usage of those items. As far back as 2014 the Department of Buildings and Engineering Services had found that the house occupied by the bursar was uninhabitable on account of structural defects, the report said.
A site visit during the audit had established that the house was indeed unfit for occupation as there were cracks on the walls, power switches were not working and the roof was leaking. On a sadder note, there were a number of finished items of clothing, such as dresses, shirts, and jackets from students’ practical exercises from the Fashion Design Textiles Workshop.
Auditor General shared her take on this, saying: “I have not been able to ascertain the policy on the disposal of products from these practicals. A trace of 103 green acid-proof overalls which had been purchased in August 2018 had indicated that there was no record of these items having been recorded or issued, nor were they available in stock. I was not able to obtain any explanation for this situation.”
Kgatleng brigade was also audited and inspected by Auditor General who observed that the brigade has 26 institutional houses at Bokaa, both old campus and new campus. Some of these houses are very old and dilapidated, with two declared uninhabitable. The condition of the houses is a clear indication of lack of care and maintenance of these properties.
At the time of the audit, there was no contractor engaged for the provision of security guard services at the new campus, after expiry of the previous one in July 2019. It is hoped that steps would be taken to safeguard the security of the premises and government properties against any acts of hooliganism.
In August 2019, there was a break-in at the electrical and at the plumbing maintenance workshops and a number of high value items, such as drilling machines, bolt cutters, spanners and cables, were stolen. The break-in and theft were reported to the police.
“However, at the time of writing this report I was not aware of the outcome of the police investigation, nor of any loss report submitted in terms of the Supplies Regulations and Procedures,” Letebele said.