ACTIVIST: Roy Sesana

Court rules against Basarwa’s right to access to water
The long wait for access to a water borehole ended on a depressing note for Basarwa of Central Kalahari Game Reserve (CKGR) after a Lobatse High court dismissed their application.
Justice Lakvinder Singh Walia on Wednesday ruled that the applicants were not entitled to access the borehole at Mothomelo or to drill a new one inside the CKGR.
The ruling follows an eight-year long wait by the Basarwa after the government closed and capped the borehole in 2002. In 2006 the High Court declared illegal and unconstitutional, government’s decision to evict Basarwa from the CKGR. The government have since maintained their stand that should the Basarwa who returned to the CKGR suffer acutely from shortage of water they have only themselves to blame as they have chosen to stay in a place where there is no water.
Ever since the 2006 court ruling Basarwa have been looking to the outcome of this week’s ruling for permission to draw water from the borehole in the reserve.
When passing judgement on Wednesday Justice Walia pointed to Sections 6 and 9 of the Water Act that he said were riddled with inconsistencies that failed the applicants’ efforts.  While lawyers representing Basarwa had relied on Section 6 for authority to abstract water without approval, Justice Walia said Section 9 prohibits abstraction without a water right granted under the Act.
“If Section 6 of the Act is construed as contended by the applicants, Section 9 becomes entirely superfluous. On a proper construction of Section 6, the applicants face an immediate difficulty they have not even attempted to overcome.  Section 6, even on the interpretation contended for by the applicants does not permit the abstraction of unlimited quantities of water from an unlimited number of boreholes at unidentified locations,” he said.
While Section 6 states that water may be abstracted for domestic use only, depending on the area that the borehole is situated, Justice Walia said there was no prescription regarding the quantities required. He said the applicants did not specify, in the event their application succeeded, the quantity they would extract.   “I am therefore being asked to declare that the applicants have the right to abstract water at will, in unlimited quantities from an unspecified number of boreholes. I am clearly prevented by Section 6 (1) (a) of the water Act from doing so. I find therefore that the applicants do not have the right even in their own interpretation of Section 6, to abstract water in excess of the quantities, if any, prescribed in respect of the various areas of the CKGR,” he said.
Justice Walia, however, said although the papers presented in court did not reveal any express refusal on the part of the Government, to allow Basarwa their right to extract water in the CKGR, he considered the Government’s failure to respond within a reasonable period as tacit refusal.
Walia further said in his judgement that the correct interpretation of Section 6 favoured the Government refusal, as the applicants had not been granted water rights under the Act. “The respondent’s refusals or failures referred to in the notice of motion are therefore neither unlawful nor unconstitutional,” he said.
When dismissing the case Justice Walia said the Water Act needed to be reviewed as it had too many inconsistencies. “I ask the respondent to urgently address the ambiguities and inconsistencies in the Water Act so vividly exposed in this case and take such steps as may be necessary to effect the necessary amendments.”
The application was dismissed and each party was ordered to pay its own costs.

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Motswana wa Sekei

This is not news Botswana has a clear land policy, and it is a country where law and order are maintained to the book. Many people have moved before to make way for developments benefiting the whole nation-roads, mines, parks, dams etc. And many more will move if they have to.Period For arguments sake lets say the Basarwa do move back into the reserve to ‘continue their way of life’. Their population will inevitably exceed the carrying capacity of the reserve some day-what next?another reserve? They are demanding boreholes-something ‘alien’ to their traditional ‘way of life’. Why cant they continue… Read more »

monza

Basarwa ba makatse gotile ba fodugele ko ba tla bonang ditlhabollo teng ba gana ba dirwa ke gosala bo Sesana morago ene o tsamaya ka dikoloi tsa mabonwa o tshuba ka metlakase o na le metsi mo lapeng, sesana o balatlhisitse tsela goromente ene o ka tsaya kae mae a go tsisetsa mongwe le mongwe metsi,dijo,diaparo,motlakase le tse dingwe ko ga gago, gatwe kgobokanang lo tle lokgone go diakola ka bontsi, ba gana bare bone ke Basarwa ee a ba dirise ngwao ya bone ya bogologolo ya go baya metsi ba lese go latlha ngwao ka ke se ba sebatlang

PGal

Basarwa tlheng tlhabologang bathong. Tota la re le itirang tota. Tlogelang segologolo sa go tshela makgwakgwa tswee-tswee. Nna tota ke itumelela katlholo e. If there is no water in the reserve go somewhere else where there is water jaaka ngwao ya lona e ntse. Basarwa ke batho ba ba nnang fa ba tswa fa.

UK

No! Ditlhabololo dintse di lo latela ko boMmandunyane, ko-Lerala, ko-Nkange, ko-Gaathwane. Janong ke eng disa latele boora Roy ko tenyanateng. Viva Basarwa Viva.

TAUTONA

YAA BA BA SOLVILE! HAHA, BO SESANA MOTHO WA BONE WA NE A TSIEDIWA KE MAKGOA A BO A TLHANOGELA BA GA GABO.FOTSEK! LE TLA GO NWA METSI KO LONTONE. DAMMET

rabuti

batho ba le bone ba dingalo,,tota ba dira eng ko dikgweng kwa,,

mike

Bra Sesana just wise up and get civilsed..ko sekgweng o ya dira eng teng tota motho wa modimo. You guys (Sesana and crew) just give me that money you are wasting on greedy lawyers.

MOKAEDI

Warriors get wounded, sometimes to death but never to defeat.

Drizzy

Batla ipona!!!!!!!! gape bone gase gore ba rata metsi go le kalo. I’m not trying to undermine them, ke buela mo go reng ba mo ngwaong, lefelo la bone le ntse le sena metsi gale. Dt place gase la batho kela diphologolo, dts y tsone dile comfortable there. tswang koo betsho, we need yo skills mo metseng le mo ditoropong. Gase gore gare lorate, we luv and need ya guys

pistol

are o llelang sesana o rile batla gona, le tla nwa metsi mo moswang wa diphologolo.

Vandi-Kop

Bona,Sesana wee…!lesa go misleader Basarwa ba Modimo.kana culture’s dynamic,ga o bone resa tlhole re lema ka dikgomo re lema ka di-tractor,resa tlhole re ja boloto re dirisa condoms e.t.c….so,guys TLHABOLOGANG b4 lere tlhomola dipelo!

D.G.K oa Morata-Khama

Sure judge!How do you like that Steven Kgori?

Arnold

We can pass laws and use them successfully to oppress the already oppressed but it doesnt mean that we have triumphed over them……very soon there will be a powershift….BDP e thubegile so Basarwa ba ta bona metsi,it wont take for the courts to decide…..

Juicyj.

I was there (CKGR). I saw it all! I even know the borehole they r talkin about!The young generation in Kaudwane are wise and no longer interested-fact!Kaudwane P.S. got position 1 in Kweneng West PSLE for 2/3 consecutive terms under Kruger Kareng (head, 1995? to 2007?), and some of his products are at UB and various institutions thanks to the relocation-fact!The elders are only interested in game meat for they have nothing much to do (provision for families)due to their illiteracy and too much dependency on an unsustainable natural way of living, I know for I was a ranger-fact! They… Read more »

letswai nameng

http;//www.sarwaology.com fa le batla go akola basarwa sentle.tota ga ke ba tswae phoso cause ba setse ba itlwaeditse go nna mo dikgweng.

Steven

This is being done for the sole benefit of Gem Diamonds who do not want the Basarwa to have access to the borehole in the reserve because it will threaten their ‘mining operations’. They use this as a political weapon to make it seem like the ‘whole nation’s’ good has to be taken into account – not the interests of one group. Yet, they are playing to dominant group to deny one group their rights. It’s a slippery slope from this to even more violations of people’s rights throughout the entire nation when foreign economic interests are threatened. The nation… Read more »

Becci

Basarwa ba dira ngwao ya bone,evrybody is entlied to his\her own culture if living in a democacy.Basaswa ba tshwanetse go tlogelwa ba nna mo sekgweng,ke ngwao ya bone.

mogal

Well,all i can say is all the best to both parties (the San and the Government)

MOKAEDI

When the Nazis were bein tried for annihilatin innocent people, their response was simple and clear, “We broke NO law.” And believe me they was right.

NyobiNyobi

So it means Vision 2016 is useless, it talks about a tolerant, just n caring nation. How do u deprive a person of a basic need (WATER), n u talk about democracy. This is pure xenophobia.

Our respect for Botswana has waned tremendously. Why was Khama after the throat of Mugabe not long ago whereas he surpasses the spook in cruelty? It is a shame.

Khama will understand the plight of the Barsawa when he will marry and get children who cry to him for drinking water.

Irresponsible leaders only breed a nation of goons. Khama must go.

kerls

Batswana ke kopa gore le thaloganye gore,we Basarwa young man we are getting educated, and we are not far from fighting for our own community you guys are oppressing, leave us stay whre ever we want to stay its us, n its our southern Africa(Botswana)u idiots are so oppressive,greed,and like dominating.one in d past black man waz’nt recognized but recently a blackman waz crouned to be president of the united states of America!we ll get thre…..!

kerls

Batswana ke kopa gore le thaloganye gore,we Basarwa young man we are getting educated, and we are not far from fighting for our own community you guys are oppressing, leave us stay whre ever we want to stay its us, n its our southern Africa(Botswana)u idiots are so oppressive,greed,and like dominating.in d past black man waz’nt recognized but recently a blackman waz crouned to be president of the united states of America!we ll get thre…..!

Tips

Nyobinyobi, i think u missing the point here. If u ask someone to come and stay closer to u so that u can be in a good position to help him or her with ditlhabololo, is that xenophobic? and Vission 2016 its about go tlhabologa ga batswana. Remember again that we need to preserve nature for the benefit of all batswana including basarwa thru Tourisim industry. Tell me now, what will happen when those basarwa have finished all the animals there? There will be no life for those basarwas and tourism will be negatively affected, and the impact will be… Read more »

A COMPARISON OF HUMAN RIGHT RECORDS BETWEEN BOTSWANA AND ZIMBABWE. Robert Mugabe, the celebrated brute repossed land, wrongfully seized from Zimbabweans by some parasitic blood sucking British under the colonial yoke Britain imposed on Zimbabwe. Mogae and Khama have the unenvied distiction of using state power to brutalize their citizens, the Barsawa.Which reasonable leader would deny his people of such basic of neccesity as water? Idi Amins are still around. Under Mugabe, thugs used violence to kill and maim innocent civilians. However in Botswana, the police and so called DIP are known to carry out extra judicial killings. In democratic… Read more »

CKGR HOTEL

WHY A 5 STAR LUXURY LODGE NOW IN CKGR WITH A SWIMMING POOL OPEN LAST YEAR DECEMBER 2009 OWNED BY KHAMA AND WILDNES SAFARIS GROUP OF COMPANIES BUT BASARWA DENIED ACCESS TO WATER

Saulo wa Mmogisi

Moke mathata a le fatshe! Bagaetsho( Baswara) kgang e, e sale boletse fa go twe reboele CKGR mme ga re go bona sepe> Go a makatsa, mafelo a otlhe ditlamelo di latetse batho, rona ke eng gotwe re di latele? Go bohutsana ka gore kgang e a re gatelela! Potso ke gore lodge e e mo CKGR e tsaya metsi kae?

Tgirl

Tota boSesana ba sotla ka batho ba bangwe. Ene o tshela sentle, o batla ba bangwe ba tsamaya ba sotlega. Ka ke ene a ba kganelelang kwa, ke eng a sa ba gele metsi ka Nxa5 ya gagwe????

O feletse kae ka P200,000 Rre Sesana, o feletse o mmonye kwa o neng o mo sukunyeditse teng? Good luck.

dilotsamantota

nna kare gona le sengwe ko CKGR keeng ba tla kobiwa go nkga sebodu

phoko ya phala

dithabololo di thola di ba latela ko bo kgomo-dia-tshaba go sa buiwe ele gore keeng di sa latele bo sesana le bone….

sylvania director

xexaxu wee zafemu nakuwe xodixamenu