Botswana's expanding economy spurs complex land disputes
Tsaone Basimanebotlhe | Thursday March 6, 2025 13:24
As of January 2025, tribal land disputes had 404 cases. Speaking at a stakeholder engagement forum on Land Tribunal Regulations (2024), he emphasised that the Land Tribunal plays a crucial role by offering specialised adjudication for these disputes. “This approach not only alleviates the burden on ordinary courts and accelerates justice delivery, but also provides an alternative dispute resolution mechanism that preserves harmony and peace within communities,” the junior minister said. Nyatanga added that these regulations define clear procedural guidelines, including how cases are lodged, heard, and determined. In addition, he said they provide for certainty on the procedure to be followed in the adjudication process. In that regard, Nyatanga said they close gaps which existed, such as providing for tariffs applicable in taxation of bill of costs. “Therefore, they enhance the Tribunal’s capacity to deliver fair, impartial, and consistent decisions which inspire the public’s confidence. Whilst these regulations mark an important milestone, I also recognise that challenges lie ahead,” he continued.
Moreover, the assistant minister revealed that effective implementation requires capacity building for the Land Tribunal’s court administration staff and litigants. He said it also calls for adequate resourcing as well as collaboration amongst stakeholders. He emphasised that these challenges, however, also present opportunities to innovate disputes adjudication, integrate digital technologies in case management, and enhance the ministry’s position as a driver of the Vision 2036 objective of attaining peace, freedom, and progressive governance. Therefore, he said the Land Tribunal Regulations represent the nation’s commitment to ensuring speedy resolution of land disputes. Nyatanga also urged all stakeholders to embrace them, implement them with integrity, and use them to resolve disputes amicably and lawfully. He told the attendees that they should build a Botswana where land serves as a platform for opportunity, not conflict. Furthermore, he said land holds profound economic, social, and cultural importance. “It is a resource that underpins livelihoods, drives development, and shapes our nation’s future. “Yet, disputes over land rights, access, and ownership can undermine peace and hinder achievement of the above,” Nyatanga revealed.
The assistant minister said the Section 25 (1) of the Land Tribunal Act (Cap 32:13) of 2014 provided for the enactment of regulations to better carry out the objects of the Act. However, he said it took a while but ultimately the regulations were crafted and gazetted in August 2024 to operationalise key provisions of the Land Tribunal Act, 2012. Nyatanga also revealed that these regulations are pivotal in ensuring that land adjudication is conducted; by upholding justice and protecting the rights of all citizens, including vulnerable and marginalised groups; by reducing case backlogs and ensuring timely resolution of disputes, providing a user-friendly, transparent process that is available to all Batswana. Additionally, in a cost-effective manner, so that no one is left out on account of financial status.