Mosarwa servant wins his master�s land
Nnasaretha Kgamanyane | Monday September 1, 2014 11:11
His former master’s sister Goitebetaswe Hirschfield had taken the matter to the Court of Appeal after the Molepolole Customary Court had ordered that the servant Tshupafalo Galebowe be granted the land. Galebowe was reportedly given the piece of land by his former master Matsebanyane Bile.
In his ruling, judge Mothibe Linchwe stated that Galebowe was the rightful owner of the land. “Matsebanyane lived with Tshupafalo in the field and yard (Mekgoro) they built. When he was still alive, Matsebanyana gave his father’s worker’s son a plot that he is currently occupying and his parents are buried there. Hirschfeld only started harassing Galebowe following her brother’s death,” he said.
Linchwe described Matsebanyane as a good-hearted man as he had given Galobowe and his siblings the land unlike his sister who wanted to chase them away. He questioned where Hirschfield expected them to go when she is aware that they were brought up in her family and knew no one else apart from the Bile family.
Linchwe also noted that Hirschfield had lost the case at Kweneng Land Board but still contested the ruling.
“The complainant had told the customary court that she wanted to take this case to the magistrate’s court.
He further said the customary court declined Hirschfeld’s plea, as the matter was eligible to be heard in the customary courts.
Linchwe further said Galebowe who was born more than 30 years ago, had the right to the land he was given by his master.
He said his parents had lived with Hirschfeld’s family since 1925, adding that the defendant and his siblings were born and raised in the Bile family household and had no other close relatives.
He ordered that Galebowe be given the land, together with the gravesite, where his parents were buried.
He said whoever was unhappy with the verdict, could take it up with the High Court.
Galebowe has been fighting tooth and nail to win the land case. Like his parents, Galebowe was owned by another man. He is one of many Basarwa born into servitude.
His family lived with his masters, the late Gaesejwe Bile and her husband Tlhase Bile, and their children. Galebowe’s mother was also born into servitude.
Most of Galebowe’s family members who died while employed by the Bile family were buried in the homestead, where he hopes to one day also be laid to rest.