A Land Tribunal sitting on March 30, 2012 had ruled that Kebailele was not entitled to a hearing regarding her contention about a piece of land in Serowe. Kefalotse and Ogakolotse have interest in the same land.Kebailele was appealing the decision by the NLB to issue a certificate in terms of the Land Tribunal Act for a piece of land to Kefalotse and Ogakolotse.
"It was her contention that the land belonged to her by virtue of being a successor of the previous owners," said Makhwade. The Land Tribunal had ruled in favour of the respondents citing that the appellant did not have the right to bring proceedings for rectification of the certificate of customary land grant before the Land Board or the Land Tribunal.
Makhwade said that he understood why the issue of locus standi was never brought up as the Tribal Land Act imposes a duty upon the Land Board to ensure that there are no conflicting claims to land prior to allocation or transfer of land.
"When the appellant raised an objection the Land Board engaged the parties," he said. Makhwade further said that it is a fundamental principle of law that for a person to bring proceedings before any body or tribunal, that person must demonstrate that he or she has a right to be heard. "This is what locus standi is all about. The position of the law is that such a person should have a direct and substantial interest in the subject matter of the proceedings," said Makhwade.
