Joy turns to tears as Gov set to appeal disputed land ruling
Kgosi Rebecca Banika of Pandamatenga and her people could be heading back to court to resume their battle with government over a disputed 2, 500 hectares of farmland.
Kgosi Banika challenged Chobe Landboard for reserving four fields (458ha) for her community instead of 2, 500ha which was expected from the Pandamatenga Agricultural Infrastructural Development Project as a benefit to the locals.
In 1984 government allocated 25, 074ha to farmers in Pandamatenga with an aim to boost cereal production. However, prolonged flooding meant traversing the fields became impossible.
Following a study, construction of water drainage works was recommended and the government-of-the-day requested African Development Bank (AfDB) to finance the project.
An additional 2, 500ha, which is at the heart of the current fall-out, was demarcated to make the total area affected 27, 574ha.
Banika and her people contest that the 2, 500ha was intended to benefit 266 households existing in the Pandamatenga as at 2008, in the form of allocation of farmland, an assertion the land board denies.
One farmer, Martinus Kruger, who has lived in Pandamatenga since 1995 and sat in the committee that met with AfDB in the mid 90s, previously told court it was agreed the bank would lend govt the money on condition that 2, 500ha of the affected land be reserved for the community.
Despite evidence presented by among others Councillor Tengenyane Tuelo the land board remained adamant no such agreement existed.
The matter reached court when, after debushing and fencing the 2500ha and training residents on various farming techniques, Kgosi Banika learnt through the then Minister of Land Management, Prince Maele, and the late Minister Kgotla Autlwetse (MHSRIP) that the plot had been downsized to 458ha.
However, in a landmark judgment in November 2023, Francistown Land Tribunal President, Bannister Mokakangwe ruled it was unlawful for Chobe Land Board to disregard an earlier agreement made as a condition to obtain a loan from AfDB.
Not satisfied with the ruling, government appealed the matter at the High Court, which they also lost.
Nearly two years after that ruling, government has returned to the High Court to seek leave to appeal.
The matter will be heard before Francistown High Court on 30 June, when govt will find out if they have the right to appeal – again!
