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The Court of Appeal decided that the Ba-Ga-Malete Tribe were indeed the rightful owners of Forest Hill Farm and that the High Court was correct in finding that the land registration scheme that allowed for the compulsory acquisition of the Tribe’s Farm violated the right to property enshrined under Section 8 of the Constitution. The Court of Appeal also found that the High Court was correct when it decided that the amendment to Section 7 of the Tribal Territories Act of 1973 amounted to an unconstitutional deprivation of property and should be struck off. ....
BOTSWANA: COURT OF APPEAL TO DETERMINE WHETHER BA-GA-MALETE TRIBE ARE RIGHTFUL OWNERS OF FOREST HILL FARM – Southern Africa Litigation Centre southernafricalitigationcentre.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from southernafricalitigationcentre.org Daily Mail and Mail on Sunday newspapers.
21 May 2021, Gaborone – Today, a full bench of the Botswana High Court, in a judgment broadcast live on television and online, held in favour of the Ba-Ga-Malete Tribe, represented by its female chief Kgosi Mosadi Seboko. The case related to an application by the Malete Land Board to include Forest Hill in the Bamalete Tribal Territory and the control over that land by the Board. The Tribe’s counter-application sought recognition of the Tribe’s ownership over and control of Forest Hill, which they had bought using their resources. The Court ruled that the Ba-Ga-Malete Tribe are the rightful owners of the Forest Hill Farm and that the Tribe has been unconstitutionally deprived of its rights. The Court emphasised that section 3(c) of the Constitution entrenched freedom from deprivation of property without compensation. Section 8 of the Constitution further prevents property acquisition without following the law, prompt and adequate compensation, and the right to access the ....
MEDIA ADVISORY: BOTSWANA HIGH COURT TO DETERMINE WHETHER LAW ALLOWS THE COMPULSORY ACQUISITION OF A TRIBE'S FREEHOLD LAND – Southern Africa Litigation Centre southernafricalitigationcentre.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from southernafricalitigationcentre.org Daily Mail and Mail on Sunday newspapers.