Masisi’s meddling claims hang over Balete case
Mompati Tlhankane | Monday January 23, 2023 06:00
And that is the claims that President Mokgweetsi Masisi interfered with the judiciary and wants to play hero in the matter and sent tongues wagging when Kgosi Mosadi Seboko, the Kgosikgolo of Ba Ga-Malete made the allegations before the media a few days before their first CoA appearance in the last session.
The matter was postponed to this January session but Kgosi Mosadi had a mouthful to share that day about her meeting with Masisi and her words will echo once again as both parties seek to make their case before the CoA.
Kgosi Mosadi revealed then that Masisi had promised to give Bamalete their land back should they lose the case at the highest court in the land. She exposed Masisi’s meddling hand in the affairs of the land saying she will never keep quiet or be part of the ‘never mind’ ilk just to save her skin.
Kgosi Mosadi also disclosed that she had been having sleepless nights since her meeting with Masisi and even wondered how the President sleeps at night. Following that, government was forced to release a statement refuting Kgosi Mosadi’s allegations as ‘baseless’, ‘misleading’ and ‘devoid of truth’. The government also revealed that it could not comment on the matter further because the case was still at the courts of law.
Now back to the case, the judgement of the case will be handed over on February 17, 2023 but before all that, Balete have to overcome this last and decisive hurdle at the CoA on January 24, 2023.
The fight between Bamalete and government dates back 20 years ago when the tribe engaged in protracted negotiations regarding the government's intention to acquire Forest Hill. Balete, who used their own resources to purchase the Forest Hill Farm for grazing purposes for 3,000 sterling pounds in 1925, were victorious at the High Court in 2021 when a panel of three judges, Justice Michael Mothobi, Justice Chris Gabanagae and Justice Gabriel Komboni presided over the matter and ruled in favour of the tribe.
The judges then pointed out that the decision was that Farm Forest Hill 9-KO did not lawfully vest in the Land Board by virtue of the Tribal Land Act. They further emphasised in their judgement that the Balete tribe has been unconstitutionally deprived of its property contrary to Section 3 and 8 of the Constitution. But the government does not want to have any of that and still insists the farm belongs to the Malete Land Board. In its appeal, the government says the trial court was wrong in finding that the land in terms of the Deed of Transfer was not included in the Bamalete Tribal Territory. “The High Court was wrong to decide that the farmland was not included in the Bamalete territory therefore the Land Board cannot claim ownership and that it solely belongs to the tribe,” the state argues.
The Malete Land Board further argues that the farm does not belong to the Balete tribe. It is of the view that the High Court erred in finding that their acquisition of the contested farm was unconstitutional. According to the Land Board, subsequent to the introduction of the Land Boards, the tribe was the one that made a request for the State to manage its various farms. “The land was incorporated into the Bamalete Tribal Territory at the request of the tribe; we did not just grab it without their consent,” emphasised the Land Board.
Seeking to have the CoA bench overturn the decision of the lower court, the government wants the bench to declare that the land belongs to it and direct Kgosi Mosadi to hand over the Title Deed.
Conversely, Kgosi Mosadi has always refused to hand over the title deeds, citing their historical ownership of the Farms, Balete’s existing land shortages and the lack of compensation reportedly desired by the Land Board. Whether or not the next month CoA judgement declares Kgosi Mosadi and the Ga-Malete Development Trust the rightful title deed holders for Kgale Farms remains to be seen but the allegations that Masisi will take the land and later return it to Balete through his own writing hangs over this matter.