Community wins long land fight

The High Court of Botswana has ruled that the Shua Khwe community is entitled to land as part of a condition for an African Development Bank (AfDB) loan, according to a statement by the Southern Africa Litigation Centre (SALC). On 25 March, the court dismissed, with costs, an appeal brought by the Chobe Land Board against a previous decision made by the Lands Tribunal. The High Court determined that 266 households of the Shua Khwe community in Pandamatenga, represented by Kgosi Rebeccah Banika, must be allocated 2 500ha of land. The court confirmed that the Lands Tribunal was correct in finding that an undertaking to allocate this land was made as a condition for obtaining a loan from the AfDB. The court deemed it unlawful for the Chobe Land Board to renege on this undertaking without valid reasons. ‘This ruling serves as a warning to Botswana and other African nations about the importance of honouring commitments to impacted communities made during the negotiations of development projects. It is also a reminder to multilateral lending institutions that governments will renege on undertaking project-impacted communities unless they devise ways of post-fund disbursement monitoring’, stated Brigadier Siachitema from the SALC.

SALC notes that in 1984, the Government of Botswana allocated 25 074ha to Shua Khwe farmers in Pandamatenga to boost cereal production. However, due to increased rainfall intensity, the allocated area began experiencing frequent flooding, making it difficult to access the fields during the cropping season. To address the issue of access roads being affected by seasonal floodwater, the government opted to construct drainage works and access roads as long-term solutions. The government sought the support of the AfDB to finance this project, which was approved. During negotiations with the AfDB, an additional 2 500ha of land were designated, raising the total area affected by the project to an estimated 27 574ha. The dispute over these 2 500ha began on 4 April 2017 when the Chobe Land Board allocated a significant portion of the land, originally reserved for the local community in Pandamatenga, to third parties. Banika contends, and the Lands Tribunal has already affirmed, that the AfDB loan was contingent upon reserving 2 500ha for the 266 households in Pandamatenga. According to the SALC, initially, the Chobe Land Board allocated 2 042ha of the 2 500ha to third parties, leaving only 458ha reserved for the Shua Khwe community. Banika was represented by Tshekiso Ditiro & Jani Legal Practice, with support from the Southern Africa Litigation Centre and Botswana Khwedom.