PRESS STATEMENT ON THE CENTRAL KALAHARI GAME RESERVE

Ruling of the Court of Appeal regarding the Mothomelo borehole on 27 January 2011

We, the CKGR NGO Coalition, note the recent decision of the Court of Appeal in the case concerning the borehole at Mothomelo in the Central Kalahari Game Reserve (CKGR). The case was taken to court by 2 residents of Mothomelo. The Court of Appeal made a declaration that the residents of Mothomelo“have the right at their own expense” to the following:

1. “to re-commission the borehole at Mothomelo” which was a source from which residents of the CKGR obtained water until 2002;

2. “to sink one or more further boreholes at such site inside the Reserve as the surveyor or borehole engineer they may employ may advise them is most likely” to obtain water for domestic purposes;

3.“to service, repair and maintain in good working order” any such borehole;

4.to use water from any such borehole for domestic purpose only; and

5. to carry into the CKGR any equipment and any water tank which may be reasonably required

The Court also provided that the necessary permissions and licences should be sought to fulfill the above declaration.

The judges, in arriving at their decision referred to the Constitution and Laws of Botswana. The Court also considered the Report of the United Nations Committee on Economic Social and Cultural Rights of 2003 on Substantive Issues Arising In the Implementation of the International Covenant on Economic, Social and Cultural Rights. The said report states that “State parties should give special attention to those individuals or groups who have traditionally faced difficulties in exercising this right, including …indigenous peoples… States should provide resources for indigenous peoples to design deliver and control their access to water”. (Botswana is not a state party to the International Covenant on Economic Social and Cultural Rights).

We, the CKGR NGO Coalition, congratulate the residents of Mothomelo on the positive implications of this judgment. We are, however, mindful that full implementation of this judgment will be very expensive. We also note that the use of water from this borehole is purely for domestic purposes and it does not seem that the use of the water will be able to support any sustainable development initiatives which the residents might engage in for their socio-economic advancement.

The CKGR NGO Coalition restates the view expressed in our press statement of 23 rd July 2010, that the solution to the longstanding CKGR issue can and should come from meaningful engagement and dialogue between The Government of Botswana and the current and former residents of the CKGR. We also note the Government’s stated commitment expressed in its press statement of 28 th January 2011 to ‘continue the dialogue which has been ongoing with the residents of the CKGR and other stakeholders, with a view to finding a lasting solution to the matter’.

4 February 2011

Gaborone

For more information, please contact DITSHWANELO – The Botswana Centre for Human Rights. Tel:00267 3906998, Fax:00267 3907778, Email: admin.ditshwanelo@info.bw, Website: www.ditshwanelo.org.bw.