Chadibe, Borolong boundary dispute gathers steam
Lebogang Mosikare | Thursday September 28, 2017 09:50
The applicants in the matter are Chadibe headman, Aaron Boy Nyambe and 954 Chadibe residents with the Ministry of Local Government and Rural Development (MLGRD), represented by the Attorney General (AG) as the respondent. In his notice of motion, Nyambe prayed with the court to enter judgement in his favour by declaring that the common boundary between Chadibe and Borolong villages is Tlhalogang River. Nyambe also prayed for Shongochena ward to be given its rightful name of 'Dikgatho'.
“Chadibe is situated to the west of Borolong. Between the two villages runs Tlhalogang river. In 1992, Chief Lebati (Bangwato Tribal Authority) decreed that Chadibe lies between Tlhalogang river to the north, and Razhoba river to the south and at the confluence of Shashe and Tlhalogang rivers,” he said.
All along, Nyambe said, the residents of Chadibe inclusive of 'Dikgatho' have been allocated plots as residents of Chadibe.
“Whenever a member of their community is desirous of applying for a piece of land for whatever use, they consult land overseers and headmen in Chadibe and the sub-Land Board allocates the land as situated in Chadibe. In addition, 'Dikgatho' ward falls under Chadibe and not Borolong. The court should order the respondent to pay costs of the suit and further and or alternative relief,” Nyambe said. In a summary of witnesses’ evidence to defend the suit launched by the applicants, Molefi Keaja, representing the MLGRD, said that in 1992 a meeting was held by Kgosi Lebati to resolve a land dispute between Mpatane and Kajata wards. “Kgosi Lebati did not make any decision regarding boundaries between Borolong and Chadibe. Several meetings were held regarding the issue of boundaries between Chadibe and Borolong. Kgosi Sediegeng Kgamane (Bangwato regent) addressed one such meeting in March 2011. At the meeting, Shongochena residents stated that they were counted in Borolong for the population census exercise in all the previous years,” Keaja said. He further stated that the residents received all their services in Borolong and concluded that as far as they knew they were part of Borolong. Keaja added, “Another meeting was held in August 2011 in the presence of, amongst others, the Minister of the then Local Government and Kgamane and it became apparent that the people of Shongochena had not been consulted when the District Commissioner of the area and the people of Chadibe made a decision that Shongochena falls under Chadibe.
The people of Shongochena once again emphasised that they constituted a part of Borolong and they want the status quo to remain”. Another State witness, Kgosi Israel Molema of Borolong said that when the Chadibe Kgotla was established in 1987, Shongochena-Mpatane leadership was under Borolong.
The people of Borolong and Shongochena-Mpatane, Molema added, are one because when the late Kgosi Modisaotsile Mpatane relocated to Mathangwane, he left them in the care of Kgosi Wessen Bogacu (Molema's predecessor).
“Kgosi Mpatane’s instructions were that once they had attained sufficient numbers to form a village, they should become independent of the other villages. In the meantime, the people of Shongochena receive services at Borolong and also form part of the Village Development Committee,” Molema said. Kgosi Itekeng Mathangwane also on the State’s side said that the territory of Mathangwane spans the areas of Marobela, Borolong, Chadibe, Natale, Makobo and Jamataka up to the boundary of Tonota as depicted by Map 4 of 1943 after the Tshekedi Grouping Policy. “When I was installed as Kgosi in 1993, there was an issue regarding Kgosi Lebati’s purported division of Mathangwane territory. Such division was improper as it was done without consultation with the Mathangwane Kgosi, and Dikgosi of Borolong,” Mathangwane said. Another State witness, Keletso Mpatane said that the dispute of where Shongochena falls was finally settled by the then Minister of Local Government, Lebonaamang Mokalake when he decided that Shongochena fell under Borolong.
“Previously, Modisaotsile Mpatane had left the people of Shongochena under Borolong. Since the inception of Land Boards, land applications in Shongochena were done under Borolong. In 2003, Marapong sub-Land Board was established and Chadibe and Borolong were transferred to its jurisdiction.
Without consultation, Kgosi Nyambe wrote a letter to the Land Board reversing the established process and practice where land applications in Shongochena were done under Borolong and subsequently transferred them to Chadibe,” said Mpatane. Adonis Mpatane contended that in 2003, when the Marapong sub-Land Board was established, Kgosi Nyambe instructed the Sub-Land Board to stop processing land applications for residents of Shongochena under Borolong.
“Without consultation, he placed the applications under Chadibe such that when certificates were issued they reflected that the plots were in Chadibe. The land on which the school was built belonged to Mpatane, but was taken away without consultation and registered under Chadibe,” Adonis said.
Justice Zibani Makhwade postponed the matter to June next year after the State prayed that it needed more time to prepare some documents to bolster its case. The applicants are represented by Olatotse Solomon Attorneys.