Attorneys suggest non-punitive solutions for Mogo land issues
Innocent Selatlhwa | Tuesday July 2, 2024 11:36
Botswana Tribal and Land Authority (BATLA) chairperson, Kgang Kgang, and also the Kweneng Land Board chair on Friday led a delegation to Mogoditshane-Thamaga District Council to discuss the Compensation In Kind Policy employed for land transfers in Mogoditshane. According to Kgang Kgang, in 2020 when he was first elected to the Kweneng Land Board, he was told that people were waiting for their plots after their land was taken from them. He said the main Land Board had stopped this because they suspected the Compensation In Kind Policy was unlawful.
He said they went to benchmark at Kgatleng where they found that the people had allocated plots within their fields. Kgang said the matter was different. He said they found a judgment in a matter involving the Kgatleng Land Board where it was ruled that the sub-Land Board had no powers to subdivide plots. He said the procedure is that sub-Land Boards can only refer such cases to the main Land Board. Kgang said they looked at the mess at Mogoditshane after hearing all those involved in the cases they sought legal opinion from Monthe Marumo & Co. The legal advice Speaking on behalf of the law firm, attorney Phenyo Sekape said for some years now they have been trying to fight and find a solution.
He said Mogoditshane Sub Land Board was carrying out an order by Kweneng to look and make recommendations, made themselves a Land Board, determined compensation and allocated plots to people which is unlawful. Sekape said looking at what has transpired, looking at various reasons, a dialogue with stakeholders can bring a solution to make all happy as in Kgatleng where they successfully resolved the cases. “They thought they had the powers and that is recognised by the law. There are things we cannot ignore. They enabled others to go to the bank, get money and build. People whose land was taken were then called. Claome changed hands seven times. The Audit report helped identify owners and all were reversed and completed in 2020–2021,” he said. Sekape said they had a problem with third parties who bought not knowing there was a problem and were illegally awarded. He said some of them had banks help them with funds. He said innocent third parties are protected by law and couldn't be ignored.
He however said it is not all of them who were innocent third parties citing those buildings without a certificate or title deed.
He said only those with genuine certificates could get help. Sekape said they are currently still trying to deal with identifying the innocent ones and had to come up with a universal solution. He said they understand they are dealing with a nation where some old people didn't know what was happening. 'While Kweneng Land Board is empowered either to use the law, litigation or engage. Legally it is right, but humanity says no as Batswana would suffer. We decided we should go back and see how they resolve the mess by engaging all stakeholders. 'Councils have a part to play but in Mogoditshane the council had no clue and did not participate. We asked the Land Board to call the stakeholders and engage them. The idea is to revoke, then take the fileds legally involving all stakeholders hence we are here,” he said. Sekape said in Kgatleng, since November 2023, they embarked on an exercise to advise and call all stakeholders and agreed that the law was broken and had to be fixed. He said parties spoke and finished in February and resolved all matters. He thus advised Kweneng that it means it is possible by way of engagement.
Councillors irked by 'tainted' Mogo Sub Land Board employees getting plots Meanwhile, the council chairperson Ofentse Mafoko expressed dissatisfaction that some Mogoditshane Sub Land Board employees who were implicated in the case, where just over 30 of them owned 800 plots amongst themselves. In his response, Sekape said it was unfortunate that they won their case up to Court of Appeal on technicalities. The employees accused the Land Board of failing to subdivide and allocate their ploughing fields. According to their court application, the said employees are holders of ploughing fields land rights in the areas of Nkoyaphiri in Mogoditshane, Gabane, Rakola, Diphiring and Gaphatshwa lands. The employees then sought the court to order and direct the Kweneng Land Board to implement its resolutions dated variously as per each employee’s letter of 2019. The letters wanted the board to subdivide and allocate a ploughing field in a manner that has been approved and contained in the letters in their possession.