PRESS RELEASE ON THE CENTRAL KALAHARI GAME RESERVE (CKGR) 2004

CKGR COURT CASE - IN LOCO INSPECTION 4-7 JULY 2004

The Judges together with the lawyers for the Residents and the lawyers for the State, are currently undertaking a tour of the CKGR and the outside settlements of Kaudwane and New Xade. Their expressed intention is to familiarise themselves with areas in and outside the CKGR which are in dispute. A specially constituted High Court will sit in New Xade (one of the settlements to which the residents were moved), from 8 July to 30 July 2004 with the exception of weekends and public holidays. A panel of three (3) High Court Judges Dibotelo, Dow and Phumaphi have been appointed to hear the matter.

The Court will hear a claim by current and former residents of the CKGR that the termination of basic and essential services to the CKGR by the Government on 31 January 2002, was unlawful and unconstitutional. These services include the provision of drinking water, the supply of borehole water, the provision of rations to the registered destitutes and orphans, the provision of transport for children to and from school and the provision of healthcare.

The residents further claim that those who have been effectively forced to move from the CKGR due to the termination of services, should be returned to their homes in the Reserve, as they have been unlawfully dispossessed of their land. If the residents are successful in their case, it would, in effect, amount to Government recognition of the rights of the residents to reside in the CKGR.

The residents are represented in the case by a legal team with a wide array of legal expertise and knowledge. The team comprises local Attorney Chris du Plessis of Chris du Plessis Attorneys, instructing Attorney Glyn Williams of Chennels Albertyn, a human rights law firm based in Capetown, South Africa; supported by Senior Advocate John Whitehead also based in Capetown and Senior Advocate Gordon Bennett QC, based in London, United Kingdom. Both Advocates have had extensive experience litigating human rights cases and were selected for their particular knowledge of indigenous issues.

The Residents who form the core of the Negotiating Team, are supported in their case by a coalition of NGOs which include the First Peoples of the Kalahari (FPK), the Working Group for Indigenous Minorities in Southern Africa (WIMSA), the Botswana Council of Churches (BCC), DITSHWANELO - The Botswana Centre for Human Rights, South African San Institute (SASI), the Saami Council, Global Ministries, the International Working Group for Indigenous Affairs (IWGIA) and Norwegian Church Aid (NCA).

5 July 2004
Gaborone