President Masisi caught in land acquisition row

 

Residents of Kgagodi Village have made a clarion call to President Mokgweetsi Masisi to explicitly explain the state’s intention about a 10, 000ha land between Kgagodi, Lesenepole, Moremi road and Kgagodi-Maunatlala Road.

Government wants to acquire the land which is currently held predominantly by Kgagodi residents under Customary land tenure. The purposes for the acquisition according to government, is to build a logistics Airport and other infrastructure developments that will support the Airport as the main facility.

The residents are questioning the President's alleged determination that the acquisition is in the public interest.

In a Savingram from permanent Secretary in the Ministry of Lands and Water Affairs, Dr Kegone Baipoledi to the Ngwato Landboard Secretary dated April 19th 2024, states that the ministry has received communication from Office of the President indicating that following a presentation made to him, President Masisi has determined that it is in the public interest that land situated in Bamangwato tribal territory, within the Maunatlala Sub Land Board

area of jurisdiction and in particular situated between Kgagodi, Lesenepole and Tamasane villages be granted to the state.

Dr Baipoledi indicated that the decision is in line with the provision of Section 29 of the Tribal Land Act, 2018.

“The major facility that is intended to be located in this area is a logistic airport. However, there is a need for other supporting facilities and infrastructure that need to be accommodated within the area to support the activities and population that will resettle in the area.

“The expected developments have all the hallmarks of creating a mini township in the area. The major developments are intended to position Botswana for foreign direct investment,” Dr Baipoledi said in the Savingram seen by this publication.

Following their misgiving about the intention of the state and process of acquisition the residents have engaged Abel lawyers to demand relevant documents relating to the processes of acquiring the land.

According to the letter addressed to the President, Lands Minister, Ngwato Landboard, Maunatlala Sub Landboardand Palapye District Council on the 11th July 2024, Ngwato Land Board, in collaboration with Maunatlala Subordinate Land Board, convened a meeting with the residents of Kgagodi at the main kgotla in Kgagodi. During the meeting, the Land Board is said to have announced that President Masisi has decided that the State should acquire 10,000 hectares of land between Kgagodi, Lesenepole, Moremi road, and the old Kgagodi –Mauntlala road for the purpose of developing an airport and a city.

The law-firm stated that the land in question is predominantly held by Kgagodi residents under customary land tenure, and is utilised by them for arable and pastoral farming as well as cattle rearing (masimo le meraka). It says the land holds significant cultural, historical, and livelihood value for the Kgagodi community.

“It is important to note that Ngwato Land Board had previously allocated a portion of the land in question, measuring approximately 4,500 hectares, to a company called 123 Dimensions (Pty) Ltd.

“This allocation infringed upon the existing land rights of some Kgagodi residents. However, after objections from some Kgagodi and Lesenepole residents, Ngwato Land Board revoked the grant to 123 Dimensions.

“Subsequently, 123 Dimensions initiated legal proceedings against the Land Board at the Palapye Land Tribunal, for review of the decision to cancel its grant, but later withdrew the case before a decision was made,” Abel Lawyers Managing Partner Tapiwa Geoffrey Abel said.

Abel stated that it is worth noting that 123 Dimensions had intended to build a city and an airport on the portion of the land they were granted by the Land Board. Now the State seems to have similar plans. This raises questions about the State's intentions, as well as the legality, procedural integrity and rationality of the proposed acquisition, he added.

“On the 19th July 2024 residents of Kgagodi held a kgotla meeting to address this proposed acquisition and to map the way forward. Minutes of the said meeting are attached herewith together with the attendance register.

“They are questioning the President's alleged determination that the acquisition is in the public interest, especially considering the recent temo letlotlo and thuo letlotlo government policies, which the President has been informing them about and encouraging them to participate in, which policies require use of the land which he now wants to take from them.”

He stated in the letter that upon the conclusion of the said meeting of the 19th July 2024, Kgagodi residents resolved to explicitly oppose the proposed acquisition and the relevant stakeholders should be informed of their decision. Abel said that Kgagodi residents have categorically rejected the proposed acquisition of their land by the State.

Said the lawfirm, “The legal framework for the acquisition of tribal land by the State is clearly defined in section 29(1) of the Tribal Land Act 2018, which stipulates that: “If the President determines that it is in the public interest that any land the ownership of which is vested in a land board under section 4 should be acquired by the State, the Minister shall serve notice thereof on the land board and the District Council having jurisdiction over such land, and request that such land be granted to the State, and the land board may then, having ascertained the views of the District Council in the matter, grant such land to the State in accordance with the provisions of

Part IV.”

Abel explained that based on this legal provision, and for purposes of enabling Kgagodi residents to assess the legality, procedural adherence and rationality of the proposed acquisition and thus map a way forward, they request information from President Masisi a copy of a document evidencing the determination by the President that the acquisition of the land in question is in the public interest, or, a copy of the formal written statement or decree from the President to the Minister declaring that the acquisition of the specified land is in the public interest.

“We further ask for the empirical evidence which formed the basis of the President’s alleged public interest determination, including: feasibility studies illustrating the necessity and viability of the proposed project (city and airport); proof that public consultations, dialogues and engagements with the affected villages and affected land rights holders were undertaken in determining the public interest; and reports and recommendations from relevant authorities and departments such as town and country planning and the Civil Aviation Authority of Botswana substantiating the public interest”, the letter which he said shall serve as a 30-day statutory notice of client’s intention to sue, said.

Other crucial documents demanded are from the minister of lands, the Ngwato Landboard, Palapye District Council and Maunatlala Sub Landboard. Abel pointed out that If the requested information and documents are not produced within the specified timeframe, they shall presume that none exists and that the procedure for compulsory acquisition outlined under section 29(1) of the Tribal Land Act 2018 was not adhered to; and lodge judicial review proceedings at the High Court against the President, the Minister, the Land Board, and the District Council, challenging the proposed acquisition on the grounds of illegality, procedural impropriety and irrationality.