Bodungwane settlers fight for their ancestral land

Innocent Selatlhwa | Monday July 20, 2026 06:00

As 168 residents from here are battling the Kgatleng Land Board and others at High Court over what they describe as an unlawful eviction, the community has broken its silence, appealing to government, traditional leaders and the public to protect what they say is their ancestral home.

When Mmegi visited the settlement recently, residents walked the team through what they say is evidence of a community that has existed for generations. Amongst the sites shown to Mmegi were old family graves that residents explained belong to their ancestors who settled in the area more than a century ago. Some of the graves are marked only by stones while others have simple cement headstones, standing quietly amongst the thorn bushes that surround the settlement. However one stands out. It has a tombsrone and underneath rests former Artesia Councillor, Thonana Kegapilwe.

Residents also pointed to a dilapidated health post, saying it once served the community before services were reduced over the years and abruptly stopped recently. Not far from the health post, they showed Mmegi an earth dam which they claimed was constructed through the government's then Ipelegeng programme. To the residents, these facilities demonstrate that government has long recognised Bodungwane as an established settlement. 'The government has always known we are here,' one resident remarked.

'They brought services here. Children have been transported to school from here. Health workers used to come here. We don't understand why today we are suddenly being called illegal occupiers.' Those sentiments echo a statement issued by the Bodungwane Settlement Community following the filing of the High Court application. The community says it comprises approximately 300 residents living in 41 homesteads and that families have occupied the area continuously for more than a century.

According to the statement, historical records referred to in court proceedings, as well as profiling reports prepared by the Kgatleng Land Board itself, acknowledge that settlement at Bodungwane dates back to the early 1900s, before the Tribal Land Act came into operation. The residents say many families are of Basarwa heritage and maintain deep historical and cultural ties to the land. 'We are not strangers on this land. This is our home, the resting place of our ancestors and the only life many of our children and elders have ever known,' community representatives said in the statement. The statement comes as 168 residents have approached the High Court seeking urgent orders to stop what they allege is an unlawful eviction.

In court papers, the applicants argue that they were verbally instructed by officials to vacate the area despite not being served with individual court orders. They further argue that they were not parties to previous litigation concerning the land and therefore cannot lawfully be removed on the strength of judgments obtained in proceedings in which they were never heard. Beyond the legal dispute, residents say they fear the humanitarian consequences of displacement. The community says Bodungwane is home to elderly people, children and vulnerable families who rely heavily on government support programmes such as the Old Age Pension, the Ikageng Programme, destitute assistance and orphan care.

The residents told Mmegi that many households have no alternative place to live should they be forced to leave. Some survive through livestock farming while others depend entirely on social welfare grants. Community leaders also allege that access to water has recently been interrupted, saying the move has worsened conditions for vulnerable households. 'The authorities have now proceeded to cut off access to basic human necessities and services, including water, placing already vulnerable residents, particularly children, the elderly and welfare-dependent households, at even greater risk,' the statement says. The residents maintain that they are not opposed to lawful processes. Instead, they say they simply want government to recognise their long occupation of the land and engage them before taking any action. According to the statement, previous studies by the Kgatleng Land Board reportedly confirmed that people have occupied Bodungwane since at least the early 1920s.

The community also claims historical records indicate that the earliest settlers occupied the land with the permission of Kgosi Isang Pilane. It further alleges that the Kgatleng Land Board previously considered the possibility of legitimising Bodungwane as a recognised settlement instead of pursuing evictions. Residents argue that the dispute goes beyond questions of land ownership, as many families have buried parents, grandparents and other relatives in the settlement. Standing near one of the old grave sites, several residents told Mmegi that leaving the area would mean abandoning an important part of their history and identity. 'This is where our parents and grandparents are buried,' one resident said. 'Our memories are here. Our children have grown up here. We cannot simply walk away.' The community has now appealed to the Government of Botswana, the Kgatleng Land Board, traditional leaders, Members of Parliament, human rights organisations, civil society and the broader public to support what it describes as a peaceful and compassionate solution.

'The community remains committed to dialogue, lawful processes and constructive engagement aimed at achieving recognition, security of tenure and sustainable development for residents,' the statement reads. Furthermore, the residents also acknowledge that defending the High Court case has placed a heavy financial burden on the community. They say most households survive on government welfare programmes and cannot afford the costs associated with prolonged litigation. Although Ndzinge-Makhamisa Law Group is representing the community on a pro bono basis, the residents say financial assistance is still required for them to meet operational expenses linked to the case. For now, life in Bodungwane continues under a cloud of uncertainty. Children continue to play between the scattered homesteads, livestock graze across the open plains and elderly residents gather beneath trees discussing a future they say they never imagined would be decided in court.