Gaoberekwe family’s burial dilemma
Tsaone Basimanebotlhe | Monday December 26, 2022 06:00
The family, who are of San origin from New Xade, have been battling with the government in court for a year over their desire to bury their father in the Central Kalahari Game Reserve (CKGR).
The deceased’s remains have been lying in the mortuary since mid-December 2021 pending the finalisation of the court case.
As things stand, Gaoberekwe might be buried after Christmas as the family wants him interred at an agreed place apart from New Xade. The family says it will not partake in the burial of Gaoberekwe unless he is buried at GKGR.
Instead it has resolved that the government should be the one responsible for the burial if it still insists that he be buried outside CKGR. Gaoberekwe’s family this week wrote a letter to the Attorney General stating that they are disappointed by the judgement of the Court of Appeal.
“In a nutshell, the government of Botswana has all along wanted to bury Pitseng Gaoberekwe at New Xade, and their courts granted the government her wish and the family of Gaoberekwe shall not partake in the burial of their father in New Xade or anywhere else, except the CKGR. In the light of the above, the family had resolved that the government will be responsible for the burial outside the CKGR and the family will only take over the burial exercise, if and only if, the deceased is to be buried in the CKGR.
In the meantime, the family also resolved that having exhausted all domestic remedies, it is now appropriate time to take the matter to the African Human Rights Commission, African Union Court and the United Nations to ventilate its grievances on the following; that Basarwa's first people in Botswana are discriminated against, in that Basarwa are not allowed, as per the judgement of Justice Mercy Garekwe to have multiple residents and choose where to bury their deceased parents and relatives in contradistinction with other communities in Botswana.
That Basarwa as first people have no rights and are prohibited to bury their loved ones at their ancestral home,” the letter written by family spokesperson Smith Moeti says. The letter further says similarly situated Basarwa who are permanent residents of the CKGR and pre-date Botswana’s Independence are treated differently in enjoying their occupation title of the CKGR.
They also complain that the treatment Basarwa receives from the government and her courts is inhuman and degrading. However, this matter attracted international media as it made headlines and again it is unusual for the body of a person to be in the mortuary for that long without being buried. Even if there is a dispute over the body of a person, it never takes months or a year.
Again culturally, people believe that the body of a person should not lie in the mortuary for a long time since it has the potential to bring bad luck. Currently, the body of the deceased is still lying in the mortuary as the dispute over the burial is ongoing. Recently, Moeti said it is impossible to bury the deceased within seven days as the court has ordered.
The body is at Joyce’s Funeral Parlour in Gantsi, which is far from New Xade or the place where we are planning to bury him. In an interview, the family spokesperson Moeti said: “We are still consulting our attorneys to check if there is a provision in the law which will allow us to exhume the body if we win the matter at the International Criminal Court of Justice.
It will be impossible to bury the deceased at the set time. We owe the mortuary over P100, 000 and we had negotiated on how we are going to pay the debts. I believe we will finalise the issues of the burial area and other logistics.” On Tuesday, Moeti said the preparation for the burial has since stopped as they had agreed that they will no longer follow the court order.
He, however, said the family and residents of CKGR and New Xade have started to gather in order to prepare for the burial. The Court of Appeal ruled that the family had failed to establish any right for their late father to be buried in the CKGR. “The appellant (family) has failed to establish any right either of himself or the deceased to bury the latter in the CKGR.
Neither did he challenge the decision by the council and the wildlife department to refuse him to bury the deceased in the CKGR. This appeal as such is unmerited. The appeal is dismissed with no order as to costs,” the court of appeal judgement read. The background of the matter is that the deceased’s family currently residing in New Xade had informed the court that their father’s last wish was for him to be buried at the CKGR rather than New Xade stating that he had lived his entire life in the reserve.
The family contends that their father moved to New Xade for easy access to health facilities. However, the Gantsi District Council had informed the family that they would not have the resources to assist the family to take the body to the CKGR, but matters turned for the worst when the Department of Wildlife and National Parks disputed his body being taken to the Game Reserve for burial. Initially, the family had applied for an entry permit after they settled out-of-court with the Gantsi District Council.
The latter then took the matter to court seeking an order to bury the deceased in New Xade. The Council wanted Gaoberekwe to be buried in New Xade but the family opposed this insisting that as per Sesarwa culture, their father has to be buried in the CKGR where he originates. Initially, the High Court had approved the settlement by the two parties which gave the family the green light to enter the CKGR to bury the deceased.
However, things took a turn when DWNP made an application before the High Court barring the family entry into the CKGR. To me, this is a human interest story that needs to be followed as it develops.