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The Supreme Court of Estonia has ruled that wind-farm developing is of significant public interest, and that arguments that existing activities in an area planned for a renewable energy site, such as peat-cutting, do not mean that a wind-farm project should be off the table.
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 itself contributed to the purchase price of £3000. On 12 February 1970, the tribe transferred a portion of the farm, (some 403 acres), to the state. A further portion of the farm was granted to the state in 1987.
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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 court