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Botswana Court of Appeal declares the Ba-Gamalete tribe as rightful owners of Forest Hill Farm

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 deliver judgment on rightful ownership of Forest Hill Farm

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 Acquisition of Property Act when it tried to obtain the Tribe’s title deed land.

BOTSWANA COURT OF APPEAL TO HEAR CRITICAL LAND CASE - Southern Africa Litigation Centre

BOTSWANA COURT OF APPEAL TO HEAR CRITICAL LAND CASE

BOTSWANA: COURT OF APPEAL TO DETERMINE WHETHER BA-GA-MALETE TRIBE ARE RIGHTFUL OWNERS OF FOREST HILL FARM – Southern Africa Litigation Centre

Gov't appeals Balete land victory