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

UPDATE ON THE CASE AND THE PROVISION OF FOOD AND WATER

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), has instructed the Firm of Chris du Plessis Attorneys to assist with the appeal against the decision of High Court in their case against the Government of Botswana.

On 10 April 2002, the residents of the CKGR brought an application to the Lobatse High Court. They asked the court to declare that the government’s decision to terminate the basic and essential services to the residents of the CKGR was wrong. The government had terminated the delivery of these on 31 January 2002. The application also asked to have the court to declare that those who had been effectively forced to move due to the termination of services, should be to returned to the CKGR.

On 19 April 2002, Judge Dibotelo dismissed the application filed by the residents. 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 Residents are appealing this decision. They are determined to remain on their ancestral land. There are a few residents who have managed to remain in the Reserve, despite governmental action to get them to leave. The situation of these people is critical, following the decision of the Botswana government to terminate the provision of water, food and health services to them. They are forced to rely on limited natural water resources. Recent attempts to provide water and food to them were prevented by the government.

In February-March 2002, the First Peoples of the Kalahari (FPK) made an attempt to supply the remaining residents with food and water. They were issued with a permit to enter the Reserve on the condition that they would not do anything which would interfere with the Government’s relocation policy. In issuing this permit, Ms Moremi, the Permanent Secretary in the Ministry of Trade, Industry, Tourism and Wildlife, explained to FPK that the condition in the permit meant that they could not provide food and water to the remaining residents.

In May 2002, Mr Amogelang Segootsane, a resident of the CKGR, made an attempt to take water in to his and other families still residing within the Reserve. On arrival at the entrance to the Reserve, Mr Segootsane was refused entry with the water. He returned to Gaborone and sought the assistance of the Office of the Ombudsman. The Ombudsman’s Office set up a meeting for him with an official of the Wildlife Department. The Wildlife Official asked him to write a letter requesting such permission. He went back to Khutse and sent the letter by fax from the Wildlife Office in Khutse. In his letter dated 29 May 2002, Mr Segootsane requested permission to enter the Reserve with water. His request was that he be allowed to take water to Khukamma, Metsiamanong and Gope to the sick, the orphans and expectant mothers. In their response dated 30 May 2002, the Wildlife Department referred Mr Segootsane to the Ministry of Local Government and the Kweneng District Council. The letter stated that the Department of Wildlife could only consider the request to enter the Reserve after the request to provide drinking water was dealt with by the other authorities. Even though the residents are requesting permission, they do not believe that they ought to be required to ask for permission to return to their homes with food and water for their personal consumption. They are obliged to do so due to the unlawful conduct of the Government.

On 5 June 2002, DITSHWANELO met Mr Eric Molale the Permanent Secretary in the Ministry of Local Government. The Permanent Secretary stated that his ministry did not “implement regulations relating to Parks”. He further confirmed that the people remaining in the Reserve of their own free volition were “not the responsibility of Local Government”. The Department of Wildlife requires written confirmation of this position from the Ministry of Local Government, before they can consider the matter. To date neither DITSHWANELO nor the Department of Wildlife have received written communication from Mr Molale.

The Negotiating Team continues to urge the Government of Botswana to allow the process of negotiations to continue.

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

26 June 2002
Gaborone