Gov't pays Sesana and Co over P90,000
Tefo Pheage | Friday November 11, 2016 18:00
Sesana, Xamme Gaotlhobogwe, Dube Ngwanaosele, Kanyo Kaingotla, Sister Gaotlhobogwe and Kealotswe Motsoketso, all residents of Molapo, had sued the government for confiscating over 95 of their goats and a horse on the basis that they have been brought into the reserve unlawfully in 2009. Molapo is a settlement within the Central Kalahari Game Reserve (CKGR).
Last month Justice Abednego Tafa overruled the government’s decision and ordered the state to reimburse the complainants. In an interview, Sesana said had it not been for the well-fought battle of their lawyer, Patrick Matlho, the government would have escaped with the crime, as it is always the case.
“The abuse of Basarwa by the government must come to an end. We are tired of always having to go the court route to fight for what is ours. This clearly shows that if there were no courts and lawyers in this country, Basarwa will be a doomed tribe,” he said. “With this government sanity always has to prevail through the courts.” In the judgement, 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 denied that the livestock was removed without Basarwa’s consent. It further alleged 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 the DWNP. 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.
Tafa rejected the evidence saying it is inadmissible hearsay.
Nshebe, said the other wildlife officers, however, admitted that when they took the goats they did not know the owners’ mark, which Tafa 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.
Tafa found the lack of documentation by the state troublesome. He 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 case, and that all the goats that were removed by the DWNP were later auctioned and the proceeds deposited into the national treasury.
“There was no order from a competent authority for such proceeds to be forfeited to the state,” Tafa said. He ordered that the Basarwa be compensated to the value of P800 per a goat and P1,500 per donkey.