The case has had a long trail of affirmation of evictions that began with Justice Julian Nganunu in 2001, Justice Maruping Dibotelo in 2006, and finally an Order of the Court of Appeal in 2007 that the 13 affected persons must vacate the plots in question.
In the matter between KLB (Kgatleng Land Board) and Bontsi Chelane, Mainole Phometsi, Goiwakae Tebagano (since deceased), Mmapula Sejoe, Naledi Pheto, William Maphane, Letsebe Mogomotsi, Gaotingwe Moeng, Meshack Maphosa, Tebatso Menyatso, Botho Sejoe, Motho Lippe and Thapelo Lippe, the High Court ordered that each of the defendants or their agent or servant and any persons claiming through or under such a defendant be ejected from the plot allocated to them by Monate Sejoe.
Those who had effected improvements, including fencing, were ordered to remove them within 120 days. In desperation, the 13 at one stage sought the intervention of the Ministry of Lands and Housing, but to no avail.According to KLB documents, its board investigated the matter and found that 23 people were illegally allocated plots in a portion of land adjacent to one Monate Sejoe's (since deceased) field in Raserura, which she had inherited from her late husband.
Background information indicates that the field dated back to 1987 before Mochudi was declared a planning area.'The 13 people considered squatters were ordered by the board to vacate the area, but they did not comply (with) the boardÕs resolution. The board then ordered its Attorneys to take the matter up and evict them (because they) were considered squatters,Ó says one court document.
According to a Mochudi Development Plan of the time, the area was zoned for residential and recreational use.KLB public relations officer, Dominic Shaba, told Mmegi in an interview that since the appeals were not successful, the land board is currently ready to proceed with implementation of the court order.
Shaba acknowledged that eviction of squatters is a sensitive and delicate process that requires extensive consultation with the affected people, government departments and legal entities. "In the case of Raserura squatters, the process of consultation took longer than anticipated mainly due to appeals for clemency from the affected people," said Shaba.