Ngwato Land Board is seized with a matter in which a private company, 123 Dimension (Pty) Ltd is challenging the decision to cancel their land rights in the Kgagodi area where it had proposed to build an International Cargo Airport.
The cancellation was arrived at after farmers around Maunatlala/Kgagodi appealed against the allocation of the large piece of land to 123 Dimension (Pty) Ltd for purposes of developing the said international cargo airport. The sponsors of the proposed airport are now threatening to sue Ngwato Land Board for delaying the project. 123 Dimension (Pty) Ltd wrote through Dithobolo Attorneys to Ngwato Land Board, “We hold urgent instructions to note an appeal against the said resolution by our client.”
“We hold the view that this project that our client intends to embark upon is of national importance and fall squarely under Section 10 of the Tribal Land Act.” 123 Dimension (Pty) Ltd is arguing that the allocation was done in accordance with the law and land rights had accrued to them. They note through their attorneys that “such rights having been lawfully granted as stated supra cannot be cancelled without the compensatory requirements being followed to the letter.”
They further note, “Such compensatory elements will be inclusive but not restricted to loss of rights, the preparatory expenses client incurred upon signing the lease agreement, loss of prospective business and many other costs necessary in the circumstances.” In their view, “This project is budgeted at P20 billion and no reasonable Land Board would refuse such massive investments within Tribal territory”.
In their letter to the Ngwato Land Board, the company claimed that it had already initiated negotiations with farmers whose land rights are conflicting with those of the proposed international airport. This publication gathers that there are about 12 farmers with a legitimate claim and they were initially promised P7million each.
Maunatlala Sub Land Board allocated 123 Dimension (Pty) Ltd the land against the will of the farmers who already had land rights in the area. The decision to award was taken at a meeting held on 4th September 2017. Indications are that this followed a comprehensive campaign by initiators of 123 Dimension (Pty) Ltd. The company directors had gone all out knocking on every office to solicit letters of support towards the project.
In their spirited drive they convinced Chief Executive Officers, District Commissioners, Councillors and other high ranking officers to pencil support letters towards the construction of an international airport in the area. The National Strategy Office (NSO) wrote through one Goitseone Morekisi, “…the project is supported as it is in line with the objectives of the Economic Stimulus Programme (ESP) of Economic Diversification and Accelerated Employment. It is also in line with Citizen Empowerment (CEE) Policy of contributing to the growth of the private sector…”
Bruce Bruno, who was Business Development Manager at Botswana Oil Limited (BOL) at the time wrote on 1st March 2016…”This letter serves to corroborate our confirmation that BOL is in a contractual agreement with your company for the provision of fuel. BOL will supply the required petroleum products as per your enquiry from the Government Reserve Storages.” This was a letter to guarantee the supply of petroleum products (diesel and petrol) to 123 Dimension (Pty) Ltd.
Akolang Tombale, who was Botswana Meat Commission (BMC) Chief executive Officer (CEO) then penned a patronizing letter in support of 123 Dimension (Pty) Ltd. “…To embark on a project of this nature with huge positive economy bearing cannot be over emphasized. Creation of employment for locals and Batswana in general to help eradicate the biggest challenge of unemployment in our country. Botswana Meat Commission is very keen in working with a locally empowered company to help establish a great project. In light of the above that we as Botswana meat Commission are in full support of this project and would assist in any way we can.”
Ernest Phiri, the then Deputy District Commissioner in the Palapye District Administration area was also sold as he wrote “…We wholly support and encourage the initiative. This we do in cognizance of the fact that the project will potentially have massive spin-offs. Issues of creation of employment, economic diversification and potentially poverty eradication are some of the critical Government priorities the project will talk to. While a project such as an Airport might not directly employ a sizeable number of people, it will undoubtedly have huge catalytic impact on the Palapye Administrative Authority’s local economy. It is a must have,” he wrote illuminating his high hopes at as he signed off.
Business Botswana (BB) also wrote a one page letter to “support the project in principle”. They had pledged to offer material support and skills to ensure that the project moves forward. The Ministry of Land Management also wrote a letter of support noting possible job creation for locals.
On the other hand, Meshack Tshekedi of the BITC was also measured in his support noting the need for satisfying regulatory requirements by the sponsors of the project. He appreciated that the project contribute to the economic development and growth of Botswana by facilitating efficient movement of goods and people in Botswana. “Also, this proposed project could create jobs for the people of Botswana,” he stated.
The Chief Executive Officer of Selibe Phikwe Economic Diversification Unit (SPEDU) at the time, 31st January 2017, Mr Uezesa wrote a measured letter of support. “…In principle, SPEDU supports all initiatives geared towards diversification of the SPEDU region’s economy and its Revitalization Plan…Our expectation is that you submit a fully-fledged business plan which will assist us to establish the viability of your business case. The business plan should clearly delineate the viability of the project across each and every one of its [proposed components or strategic business units. This will enable us to accurately scope the project as well as inform the nature and extent of our project facilitation going forward,” he wrote.
The Maunatlala Sub Land Board had initially acceded to the application for land to accommodate the international airport at its Board sitting of 27th march 2017. The approval was on condition that the company obtains a licence from the Civil Aviation Authority of Botswana (CAAB); it further stated that the land shall be strictly for an international cargo airport and change of use will not be allowed.
The Sub Land Board had also made it clear that “Failure to implement or observe these conditions, the allocated land will revert back to the allocating authority and your rights over this piece of land will be cancelled.”
However on the 6th September 2017 Maunatlala Farmers filed an appeal objecting to the allocation of land to 123 dimension (Pty) Ltd and they were successful. The land rights allocated to 123 Dimension (Pty) Ltd were cancelled on the basis that there were already existing rights on allocated land; and that the 123 Dimension (Pty) Ltd allocation did not follow the right consultation process.
This is the decision that 123 Dimension (Pty) Ltd is challenging and intends to take the matter to the Land Tribunal should their appeal at the Ngwato Land Board be quashed. Meanwhile farmers in the Kgagodi area and the Lesenepole junction area have written missives to object to the proposed development because it will encumber on their grazing area. They also claim that the company has not proved its business case beyond reasonable doubt.
Botswana health officials have confirmed the new COVOD-19 variant, which was first found in India. The Ministry of Health and Wellness has through a press statement informed members of the public that a new COVID-19 variant (B.1.617), first discovered in India. The Indian variant was confirmed in Botswana on 13 May 2021.
According to Christopher Nyanga, spokesperson at the Ministry, this followed a case investigation within Greater Gaborone, involving people of Indian origin who arrived in the country on the 24th April 2021.
“As at 16 May 2021, the B. 1. 617 variant was confirmed in two (2) people. The clients are currently receiving medical care and remain stable with no life-threatening symptoms. The two (2) cases were part of 383 people (both Batswana and some Indian nationals) who were tested for COVID-19. From this number, 43 tested positive, with two (2) showing the B. 1. 617 variant as already alluded to. Contact tracing has been expanded in line with COVID-19 protocols. All contacts and confirmed cases have been evacuated to facility based quarantine and isolation respectively, for close monitoring,” Nyanga narrated.
The World Health Organization recently announced that the Indian Covid-19 variant was a global concern, with some data suggesting the variant has “increased transmissibility” compared with other strains.
Meanwhile in the wake of Botswana’s confirmation of the Indian variant, Nyanga reminded the public of the government intervention to control the introduction of new variants of public health concern into the country. He stated that all those who have travelled or transited through areas of high risk as previously communicated on 3rd May 2021 upon return shall immediately quarantine in a central area to be identified by the Ministry of Health and Wellness for a period not exceeding ten (10) days; Repeat Polymerase Chain Reaction (PCR) test after seven (7) days of quarantine and be discharged as per the outcome of the results.
He said the requirements are complementary to the mandatory requirements of producing on arrival a negative PCR test not older than 72hrs from the time the sample was collected
“The public is advised to remain vigilant and minimize the spread of COVID-19 by following the already outlined preventative measures such as washing of hands with soap or use of a hand sanitizer, wearing of face masks, avoiding crowded places/social distancing and avoiding non-essential movement,” Nyanga said.
The India variant – officially called B.1.617.2 – is one of four mutated versions of coronavirus which have been designated as being “of concern” by transitional public health bodies, with others first being identified in Kent, South Africa and Brazil.
The lawyers representing former President Lt Gen Ian Khama, Ramalepa Attorneys have come forth dismissing a response letter penned down by Botswana Democratic Party (BDP) activist MacDonald Peloetletse after he was slapped with a P1.5 million lawsuit for defamation of their client.
Tebogo Tladi, an attorney at Ramalepa, said last week Thursday Peloetletse took to social media to publish a substantively false, wrongful and unlawful statement about Khama. MacDonald Peloetletse’s commentary which was posted on Gabz FM News page reads, “I am a former soldier. Everything former President SKI Khama said here is a LIE. In fact, soldiers suffered more under Khama than under his predecessors.
He actually stole money that the UN had paid to the soldiers who went for the operations and paid them less than a quarter of what was actually due to them. “Unhappy soldiers took the BDF to court and won, the BDF is still struggling to pay the debts! Khama can fool some people, but not all the people and not all the time.
“In fact many soldiers, serving, retired and those that resigned and were in the operations during Khama’s time get even more annoyed to such disrespectful statements by Ian Khama.” Khama’s lawyer says the impugned statement was published with the intention to injure his client (Khama) in his personality rights, good name and dignity, further indicating that the statement has damaged his good reputation.
“We have therefore been instructed by Client to demand, as we hereby do, that you publish on the same forum a retraction and a full and unconditional apology to Client within three days of receipt of this letter- and that you deliver such apology in a formal letter to the Office of the Former President, Dr Khama. In the event that you have not compiled with this demand by close of business on Monday 10th May 2021, our Client will assume that you have refused to comply with this demand.”
To top it all off, Khama demands that Peloetletse pay him P1.5 million in damages for defamation. “Furthermore, we hold instructions to demand as we hereby do, that you pay our Client damages for defamation in the sum of P1, 500,000.00 within seven days of receipt of this letter.” In the event that Peloetletse fails to pay the amount of damages demanded by Khama, Tladi says they will institute legal proceedings for the recovery of the aforesaid damages.
In his response letter addressed to Ramalepa Attorneys, Peloetletse said that he requests enlightenment and clarification that he be provided with proof that the allegations and comments which they attribute to him were indeed authored by him and that the platform which the comments were placed was not hacked.
“Please also advise if whether your clients has been endowed with a “special particular privilege status” that restricts the citizens of this country from commenting or responding to public statements made by your client in the course of political discourse especially when made on public forum and relate to matters of general public concern. (I trust that your brilliant legal mind is well informed with respect to the jurisprudence in such matters)”.
Peloetletse also said he would like to share with the attorneys a video which was posted on a public forum. “Please listen carefully to the conversations and discussion herein and advice if possibly such discussions form a reasonable basis for a justifiably rebuttal by any Motswana Citizen to the public pronouncements and defamatory statements made by your client about our government (bearing in mind of course a citizens constitutional right to freedom of speech and freedom of expression).’’
Consulted for further comment on the matter on Thursday after receiving Peloetletse’s response, Khama’s attorney Tebogo Tladi said the letter doesn’t hold any water. “The only way out for him is to prove the truth of the allegations on his comment or deny publication. He does not answer substantively to the defamation and does not respond to the demand of an apology or payment of damages.
So his letter really contains largely matters irrelevant to the substance of the letter of demand. His response in fact presents no legally cognizable defence at all- it would appear he responded without the benefit of legal advice, which would not be prudent for such an important case. So we will proceed to issue summons and wait to see what defences he will plead in court.’’
Botswana and Zambia this week celebrated the opening of a multi-million Dollar infrastructural project, the Kazungula Bridge, projected to contribute around P100 million annually for Botswana. This project comes after the signing of the 2012 Agreement between the two countries to construct a bridge that would ease movement of goods.
President Mokgweetsi Masisi said the Kazungula Bridge will open avenues for improved trade, job creation and economic diversification in both countries. Further, the Bridge will significantly accelerate Southern African Development Committee (SADC) regional integration agenda which Botswana and Zambia are vigorously pursuing.
“By growing our strategic partnerships through this project, we have improved the development and competitiveness of our economies to attract more private sector investment, thereby, supporting our efforts to create employment, especially for the burgeoning youth,” Masisi said at the opening ceremony in Kazungula on Monday.
The Kazungula Bridge comprises a road and rail bridge over the Zambezi River, directly linking Botswana and Zambia. It has One-Stop-Border Post facilities on both sides, which will enhance the operational efficiency at entry points, replicated on both sides of the boarder.
The Bridge was originally conceived as a critical link in the African North-South Corridor under the African Union’s New Partnership (NEPAD) for Africa’s Development programme. It has since evolved to encompass a multimodal transport plan under the Programme for Infrastructure Development in Africa (PIDA).
The PIDA programme, which encompasses liberalisation of air travel, rail links, road, water and all other modes of transport has only one objective: to unite the States of Africa in order to foster trade on the continent
“Connectivity of our nations will in no small measure, promote people to people interactions and uplifts their standard of living. I am pleased to state that the completion of this project is a clear demonstration of our commitment to PIDA.”
The 260 million US Dollar Kazungula Bridge was commissioned by Zambian President, Edgar Lungu and President Masisi. President Lungu said the bridge was a monumental effort linking Zambia internally and externally to ease the movement of goods and services.
“I have held talks with my counterpart in Botswana that this project must run daily up to 22 hours as soon as possible and you the technocrats must not play ping-pong with us after making these public procurements,” Lungu said at the official opening in Kazungula.
For his part, DRC President Felix Tshisekedi said the project was tandem with the Africa Union (AU) goals and priority areas for Agenda 2063 which called for a prosperous Africa, based on inclusive growth and sustainable development.
The new Kazungula Bridge replaces the Kazungula Ferry, a pontoon ferry across the 400-metre-wide Zambezi River between Botswana and Zambia. It was one of the largest ferries in South-Central Africa, having a capacity of 70 tonnes.
In 2003 the ferry was the site of a disaster when a severely overloaded Zambian truck capsized one of the pontoons and 18 people drowned. The accident was blamed on the lack of weighbridges in Zambia to check the weight of trucks.
In August 2007, the governments of Zambia and Botswana announced a deal to construct a bridge at the site to replace the ferry. The existence of a short boundary of about 150 meters between Zambia and Botswana was apparently agreed to during various meetings involving Heads of State and officials from all four States in the 2006-2010 period.
The route for this new bridge crosses the boundary without entering Zimbabwe and Namibia. Zimbabwe already has a bridge into Zambia at Victoria Falls, 70KM from Kazungula. Namibia on the other hand has a bridge into Zambia at Katima Mulilo about 150KM upriver.