PRESS RELEASE III OF THE NEGOTIATING TEAM, THE MANDATED REPRESENTATIVES OF THE RESIDENTS OF THE CENTRAL KALAHARI GAME RESERVE (CKGR)
UPDATE ON THE SITUATION OF THE RESIDENTS OF THE CKGR
On Friday 19 April 2002, at the High Court in Lobatse, Judge Dibotelo dismissed the application of the residents of the CKGR.
On 10 April 2002, the lawyers representing the residents had brought the application to the Lobatse High Court. The lawyers are Advocate Whitehead and Attorneys Williams and Khan.
The application sought to order the government to restore the basic and essential services to the residents of the CKGR. The government had terminated the delivery of these on 31 January 2002. The application also sought to have those who had been effectively forced to move due to the termination of services, to return to the CKGR.
The lawyers of the applicants challenged the preliminary objections to the application, raised by the State. The State, represented by State Counsel Nchunga raised forty two (42) technical objections to the court action. These included:
- that the first applicant, Mr Roy Sesana, could not in terms of the law, bring a case of this nature, as he was not a resident of the CKGR. The State claims that Mr Sesana lives in Gantsi.
- that Mr Sesana had no authority to represent the other 242 residents who were part of the court case
- that the affidavits filed by the residents were improper in terms of the law as
i) the founding affidavit had not been correctly signed and sworn to
ii) the contents of Mr Sesana's affidavit were too complex to have been within the knowledge of an illiterate person
iiii) they were scandalous, vexatious and irrelevant
iv) they contained hearsay
The lawyers of the residents challenged these and other objections and stated that:
- Mr Sesana was born in Molapo, a settlement within the game reserve, and was therefore entitled to bring the case before the court
- Mr Sesana was representing himself and not the other 242 residents who had given their mandate to the Negotiating Team to take all actions necessary in the pursuit of a land claim for them.
- The technical errors in the founding affidavit had been corrected and the affidavits re-filed with no prejudice to the State.
- The facts stated in Mr Sesana's affidavit were well within his knowledge and it was improper for the State counsel to suggest that lack of literacy implied lack of knowledge.
In his ruling, on 19 April 2002, Judge Dibotelo decided that:
- Mr Roy Sesana does have the right to bring the matter to court (locus standi) because he was born in the CKGR and 'is a member of the Kgei community who reside in the CKGR'
- Mr Roy Sesana lacked the necessary authority to 'bring the proceedings on behalf of the 241 residents'
- The founding affidavit of Mr Roy Sesana had not been properly signed and could therefore not be accepted in court
- Mr Roy Sesana's affidavit contained hearsay and should be quashed or rejected
Judge Dibotelo dismissed the application. He also instructed that the applicants pay the costs incurred by the State in challenging the application.. He however directed that the applicants may begin new proceedings, if they should wish to do so.
The Negotiating Team (comprising the residents, First People of The Kalahari, Working Group in Indigenous Minorities in Southern Africa, Kuru Development Trust, The Botswana Council of Churches and DITSHWANELO - The Botswana Centre for Human Rights) is currently examining options. These to appeal the decision of Judge Dibotelo, to begin new proceedings or to pursue both avenues.
24 April 2002
Gaborone |
