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News Release: BOTSWANA HIGH COURT FINDS COMPULSORY ACQUISITION OF A TRIBE'S FREEHOLD LAND UNLAWFUL – Southern Africa Litigation Centre


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 ....

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