Land board officials urged to be effective in land management

President Advocate Duma Gideon Boko says the role of Land Board officials is critical in shaping constitutional reforms related to land ownership and distribution.Speaking to senior Land Board officials of the Central District in Palapye, Boko did not shy away from addressing a long-avoided issue—one that, he argued, has impoverished many citizens while enriching a select few.He was accompanied by ministers Dr. Stephen Modise (Health), Moeti Mohwasa (State President), Onneetse Ramogapi (Water and Human Settlement), and Dr. Edwin Dikoloti, Acting Minister of Agriculture and Lands.Boko reminded officials that they are at the forefront of implementation, dealing with real challenges related to land and its resources. He emphasized that their informed analysis carries more weight than speculative opinions from ‘armchair’ newspaper columnists.Encouraging officials to compile, process, and transmit land-related data to decision-makers, Boko stressed the importance of recognizing land as an inelastic resource.“Land is finite—we can’t stretch it. Botswana covers 582,000 square kilometers, much of which is declared unusable due to desert conditions. This inelastic resource is vital to production; it is a factor of economic growth. Our economy cannot function if the Land Boards are not operating optimally,” Boko asserted.He urged officials to step back and examine the historical foundations of Botswana’s land policies, emphasizing that current regulations should be considered within the context of past injustices.Historical ContextAt independence, Botswana inherited three distinct land systems: Crown Land, Tribal Reserves, and State Land. Boko described the historical dispossession and displacement of people, explaining how certain individuals acquired vast tracts of land without payment—solely through their service to colonial powers, often determined by the color of their skin.“This is not speculation; it is historical fact,” Boko stated.He noted that Botswana’s constitution, adopted through the Order In Council 1179 of 1965, was a product of two conferences in 1961 and 1963—both criticized for their lack of broad representation.Boko explained that upon independence, land remained categorized as tribal land, state land, and freehold land—the latter granting holders perpetual ownership, meaning no one could interfere with their land rights.“Certain areas of Botswana are freehold, while others are not. That is discrimination by any measure. Yet, we inherited it, normalized it, and even legislated it under Section 8 of our constitution, securing land titles as untouchable. If land is to be taken, the constitution demands ‘prompt and adequate compensation.’ But what constitutes ‘adequate’ compensation?”He referenced the Calvo Doctrine, a principle of international law arguing that compensation need not align with market value, but rather should reflect the historical use and benefits reaped by landholders. Botswana’s courts, notably in the Bonnington Farms case, have established that compensation should exceed market value, incorporating consequential losses and other considerations beyond price estimations.Land Value DisparitiesBoko challenged officials to critically assess the disparities between freehold and tribal land values, noting that tribal land remains undervalued—a factor with significant economic implications. “In my view, this is why the government has treated land issues the way it has. It fails to realize that land is an invaluable resource simply because its true value remains unrecognized. The result? The systemic impoverishment of our people.”

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Land board officials urged to be effective in land management