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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.

The Botswana Court of Appeal will hand down a judgment in an appeal  brought by the Botswana government (Appellants) against the judgment and order of the full bench of the High Court delivered on 21 May 2022. The High Court in its judgment  ruled that the Ba-Gamalete Tribe (Respondent) were not only the rightful owners of Forest Hill farm but also that the acquisition of their farm by the government amounted to an unconstitutional deprivation of property. The High Court noted that the government, and specifically the Malete Land Board, did not attempt to follow the Constitution or the Acq...

BOTSWANA COURT OF APPEAL TO HEAR CRITICAL LAND CASE

25th May 2021 The Balete land case will get even more interesting if the Friday outcome is appealed at the Court of Appeal (CoA). That is because nine years ago, the CoA made findings that are in stark contrast to those made by a three-member panel comprising of Justices Michael Mothobi, Mokwadi Gabanagae, and Gabriel Komboni. The dispute is over the remainder of farm Forest Hill No 9 – KO which Balete bought from Aaron Siew in 1925. Ownership was transferred to Kgosi Seboko Mokgosi, in his capacity as supreme traditional leader of the Balete, for and on behalf of the tribe, which had itse...

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 righ...