PRESS RELEASE V OF THE NEGOTIATING TEAM, THE MANDATED REPRESENTATIVES OF THE RESIDENTS OF THE CENTRAL KALAHARI GAME RESERVE (CKGR)

JULY UPDATE OF THE CASE

The Negotiating Team, which comprises representatives of the residents of the CKGR, First People of the Kalahari (FPK), the Working Group for Indigenous Minorities in Southern Africa
(WIMSA), Kuru Development Trust, DITSHWANELO - The Botswana Centre for Human Rights and the Botswana Council of Churches (BCC), continues with the case against the
January 2002 decision of the Government of Botswana, to cut basic and essential services to the residents.

The appeal, brought by Mr Roy Sesana and 247 other residents of the CKGR, against the decision of Judge Dibotelo of 19 April 2002, was taken to the Court of Appeal on Thursday 11
July 2002. The residents were represented by Advocate John Whitehead and Mr Eddie Bayford of Chris du Plessis Attorneys.

The appeal was opposed by Mr Nchunga Nchunga, representing the Attorney General. He supported the decision of Judge Dibotelo and raised more points. These were that Mr Roy
Sesana did not have the automatic right to appeal, but should instead, have applied to Judge Dibotelo for permission to appeal. He also stated that that as the `relocation exercise' had been completed, the appeal was of academic value only.

The Court of Appeal Judges, Mr Justice P.H. Tebbutt, Lord R.I Sutherland and Mr Justice A.M. Akiwumi, suggested to both the lawyers representing the residents and the Attorney General, that they consider agreeing to an order that the application of Mr Sesana and the others be urgently referred back to the High Court, for witnesses to give verbal evidence. The Court of Appeal commented that such an order would allow the case to begin without it becoming delayed by technical issues. The residents of the CKGR appealed, precisely because the ruling of Judge Dibotelo in April 2002, had prevented them from presenting their
case, as he had struck it down because of a technical point.

The lawyers of both parties agreed to the proposal of the Court of Appeal. However, the residents of the CKGR informed the Court that it is expensive for them to travel to and stay in Lobatse. They said that they would have greater access to the High Court if it sat for a special session in Gantsi. Judge President Tebbutt indicated that he would be prepared to order a special sitting of the High Court at Gantsi on a date convenient to everyone involved. As the residents of the CKGR are deciding on whether they will be able to get to Court to present their cases in person, the Court of Appeal agreed that the matter be postponed pending either the referral of the dispute back to the High Court for the hearing of verbal evidence, in Gantsi or for the launch of fresh proceedings on affidavit (written statements), in Lobatse.

The residents of the CKGR welcome the assistance given to them by the Court of Appeal, in presenting their case on the merits without having to contend with the numerous technicalities
raised by the Attorney General. 

Released by DITSHWANELO – The Botswana Centre for Human Rights on behalf of the Negotiating Team 

19 July 2002
Gaborone