Govt ordered to compensate Sesana, fellow tribesmen
| Friday October 28, 2016 16:17
It has emerged in a recent court ruling that the government in 2009 confiscated and auctioned livestock belonging to Basarwa leader, Roy Sesana and some of his tribesmen.
The livestock, which was confiscated, was found inside the Central Kalahari Game Reserve (CKGR).
Justice Abednego Tafa last month overruled the government’s decision and ordered the state to reimburse the complainants.
The six applicants, Roy Sesana, Xamme Gaotlhobogwe, Dube Ngwanaosele, Kanyo Kaingotla, Sister Gaotlhobogwe and Kealotswe Motsoketso, all residents of Molapo, a settlement within CKGR, had applied to the court saying the government confiscated over 95 goats and a horse from them on the basis that they have been brought into the reserve unlawfully. They said the incident occurred in their absence in 2009.
In the judgment, it is revealed that officials of the Department of Wildlife and National Parks (DWNP) auctioned all the goats in March or June 2010, but said the horse was killed by dogs.
The government in the court papers denied that the livestock was removed without Basarwa’s consent, further saying that numerous meetings and consultations were held between them and Gantsi district authorities prior to the removal of the livestock from the CKGR. The government said following the refusal of the complainants to comply with government instructions, the livestock was forcefully removed by DWNP.
However, wildlife officials have denied ever taking Sesana’s goats and that of the other two, but committed to compensate some of the applicants.
The judgment shows that in his evidence, Sesana said that wildlife officers took 15 of his goats and that he was absent as he was in police custody in Gantsi.
Sesana told the court that he had owned these goats prior to the removal of all residents of New Xade by the government. Other applicants also said that their goats had always been in the game reserve since the High Court ruled that residents of Molapo could keep their livestock within the park.
Giving evidence, regional wildlife officer, Dimakatso Nshebe said he was informed by other officers that the goats had been brought into the game reserve, and that only 49 goats, and later a donkey and a horse were confiscated. The judge rejected the evidence saying it is inadmissible hearsay.
The wildlife officers, however, admitted that when they took the goats they did not know the owners, a remark which the judge said brings into question his assertion that no goats belonging to the applicants were taken.
Asked about the whereabouts of the inventory that was prepared when the goats were removed from Molapo and the photos that were taken of the goats, the wildlife official claimed that the inventory was at the office. As for the photos, he said they had disappeared.
The judge found that the lack of documentation by the state is troublesome and said Basarwa did not seem to have connived to falsely implicate the government officials although it was clear that relations between the officials and Basarwa had been strained over the years.
He said that he was satisfied that Basarwa have proven their claim, and that all the goats that were removed by the DWNP were later auctioned and the proceeds deposited in the national treasury.
“There was no order from a competent authority for such proceeds to be forfeited to the state,” Tafa said.
He ordered the government to compensate Basarwa valuing a goat at P800 and a donkey at P1,500. The money is to be accompanied by a 10% interest per annum from the date of summons to date of payment. The state was further ordered to pay the costs of the suit. Patrick Matlho represented Basarwa while the Attorney General represented the state.