Connect with us
Advertisement

Influx of Tswanas forced Gantsi to terminate Basarwa services

Basarwa case raises tribalism issues at the High Court

Tribalism could have played a part in determining the termination of basic services for Ranyane residents in the Gantsi District, the Gaborone High Court has been told.


When explaining to the court the reasons behind shutting down water and draught relief programmes from Ranyane ahead of the forced resettlement of Basarwa tribes from the area last year, the Gantsi administration authority suggested that it was because the free services which were initially reserved for Basarwa tribes of Ranyane were no longer sustainable due to the influx of Tswana speaking farmers in the area.


The Gantsi District Council revealed to the court that the decision to terminate provision of fuel and maintenance to the engine at Ranyane was taken because of the influx of a lot of Tswana speaking farmers from other settlements. According to the Council the services were exclusively meant to service Basarwa tribes who have lived in the area over a long period of time.


The 115 residents of Ranyane who are demanding the restoration of the services have taken the Council to court. Their attorney, Onalethata Kamabai  has argued that the reason for termination of the services as appears from the Council papers are offensive to the constitution of the country because they suggests that the decisions were taken along tribal discriminatory basis.


For many years, the Gantsi District Council has provided various services to the Ranyane residents including provision and maintenance for the borehole engine which the people depend on for their daily water needs. Various government drought relief schemes have also been provided to the residents for many years by the Council.


However on or around July 2013, the Council announced that it will stop providing several services which it has been providing to the residents. This announcement gave rise to the present suit wherein the residents seek restoration of those services that the Council used to provide. Such services include fuel and maintenance of the borehole engine, mobile clinic and Ipelegeng programme.


The broad issue for determination before court is whether the manner of termination of these services and other benefits which the Council used to provide to Ranyane is lawful.


 “The applicants case centres on legitimate expectation, and to this end the narrow issue for determination is whether the applicants had a legitimate expectation that they will continue to enjoy the services provided by the respondents uninterrupted and that in the event of any decision adversely affecting their enjoyment of the services is taken by the respondent, they were entitled to a hearing before such a decision is taken,” contended Kambai.


THE BOREHOLE ENGINE
The residents have averred in their affidavit that since around 1990s, the Council has been providing them with engine to provide water for domestic use and watering their animals. The engine was used to draw water from the only borehole at Ranyane for residents.


The issue that the Council had since 1995 provided diesel and maintenance for engine to the Ranyane borehole is not disputed. The residents averred that the Council stopped provision of diesel and maintenance for the borehole engine in the first week of December 2011. The engine according to the complainants was removed by the Council employees around that time and was brought back five Months later. The engine has since broken down and the residents had to fend for themselves.


According to them this is a nightmare for them since most of them are unemployed and do not have any source of income as the Council has also terminated the draught relief programme, Ipelegeng which was the only source of income for the majority of Ranyane residents.


The Council’s decision is viewed to be in violation of the international consensus on the right to water by the United Nations General Assembly which declared that the right to safe and clean drinking water is a fundamental human right that is essential for the full enjoyment of life and all human rights.


However the Council contends that the Ranyane residents had borrowed the engine and made an undertaking that they will take full responsibility of its maintenance and fuel supply.


TERMINATION OF IPELEGENG PROGRAMME
Around 2009, Ipelegeng was introduced at Ranyane during a kgotla meeting. According to the Ministry of Local Government and Rural Development, this programme was aimed at short term employment support and relief whilst at the same time carrying out essential development projects that have been identified and prioritised through the normal development planning process.

The programme employed forty residents on a rotational basis. The Council’s report for 2012/2013 on Ipelegeng shows that there was deliberate planning and budgeting of the programme at Ranyane.


When the programme was terminated, a certain Council employee was sent to inform the Ranyane Headman of Arbitration that he should inform his people that they should not report for duty on the 4th of July 2013. In the answering affidavit filed at the High Court, the Council contend that the programme was terminated because Ranyane is an unrecognised settlement and therefore there were no projects to implement in the area.


However the residents contend that at the time of the termination of the programme they were engaged in a number of projects including, de-bushing, cluster policing and cleaning the kgotla.


In fact it is through Ipelegeng that a kgotla, flush toilet, standpipe and fencing of the grave yard were constructed in the settlement.


The Council had a difficult time convincing the court as to how public funds were used on these developments which are located on an “unrecognised settlement.”


“The respondent’s reason is palpably untrue and contradictory because by virtue of Annexure “I” the Attorney General at the time acting on behalf of the respondent (Council) reasoned that there is no Ipelegeng in Ranyane.  In annexure “K” the government spokesperson Dr. Jeff Ramsay stated that there was a reassessment regarding the Ipelegeng programme. There has never been any progress report of the alleged reassessment whatsoever to date,” the complainants’ attorney, Onalethata Kambai told the court.


The inconsistent statements regarding the termination of Ipelegeng at Ranyane therefore gave people a reason to conclude that the project was terminated as an extra-judicial measure to starve the residents of Ranyane and compel them to relocate from the place.


When Ipelegeng was introduced in the settlement back in 2009, there was no issue of the place being unrecognised settlement. The programme continued uninterrupted until it was unceremoniously terminated in 2013 following the Council’s failed bid to relocate the residents against their will to the nearby Bere settlement.


MOBILE CLINIC SERVICES
Following the initial case Management conference held at the Gantsi District Council Chambers of record, there was consensus that the mobile clinic matter could amicably be resolved at the hearing. Ranyane is said to be now receiving a couple of mobile clinic services and therefore this one demand was taken down from the list of demand brought in by the residents.


Meanwhile Justice Terrence Rannowane has reserved the judgment on this matter.

Continue Reading

News

Free at last: Ian Kirby Speaks Out

6th December 2021
Justice Ian Kirby

The outgoing President of the Court of Appeal, Justice Ian Kirby, shares his thoughts with us as he leaves the Bench at the end of this year.

WeekendPost: Why did you move between the Attorney General and the Bench?

Ian Kirby: I was a member of the Attorney General’s Chambers three times- first in 1969 as Assistant State Counsel, then in 1990 as Deputy Attorney General (Civil), and finally in 2004 as Attorney General. I was invited in 2000 by the late Chief Justice Julian Nganunu to join the Bench. I was persuaded by former President Festus Mogae to be his Attorney General in 2004 as, he said, it was my duty to do so to serve the nation. I returned to the Judiciary as soon as I could – in May 2006, when there was a vacancy on the High Court Bench.

This content is locked

Login To Unlock The Content!

Continue Reading

News

Civil society could rescue Botswana’s flawed democracy’ 

6th December 2021
Parliament

Botswana’s civil society is one of the non-state actors that could save the country’s democracy from sliding into regression, a Germany based think tank has revealed.  This is according to a discussion paper by researchers at the German Development Institute who analysed the effects of e-government usage on political attitudes In Botswana.

In the paper titled “E-government and democracy in Botswana: Observational and experimental evidence on the effects of e-government usage on political attitudes,” the researchers offer a strongly worded commentary on Botswana’s ‘flawed democracy.’  The authors noted that with Botswana’s Parliament structurally – and in practice – feeble, the potential for checks and balances on executive power rests with the judiciary.

This content is locked

Login To Unlock The Content!

Continue Reading

News

Bangwato at loggerheads over Moshupa trip

6th December 2021

Bangwato in Serowe — where Bamagwato Paramount Chief and former President Lt. Gen Ian Khama originates – disagree on whether they must send a delegation to dialogue with President Mokgweetsi Masisi’s family in Moshupa. Just last week, a meeting was called by the Regent of Bamagwato, Kgosi Sediegeng Kgamane, at Serowe Kgotla to, among others, update the tribe on the whereabouts of their Kgosi (Khama). 

Further, his state of health was also discussed, with Kgamane telling the attendees that all is well with Khama. The main reason for the meeting was to deliberate on the escalating tension between Khama and Masisi — a three-year bloodletting going unabated.

This content is locked

Login To Unlock The Content!

Continue Reading
Do NOT follow this link or you will be banned from the site!