Tribe must gain full value from Balete Farm

However, if the property taken is a legal right rather than the physical thing, the issue can be more complex. The problem arises because the legal concept of property assumes the existence of a bundle of rights that maybe exercised by the owner to use, enjoy, control and dispose of the thing called property. For example, the legal concept of property includes rights.

The location of the Balete Farm makes it very prime and very valuable. It is currently zoned as a farm, but there has been a prevalence of rezoning of land around the farm for commercial use. This situation makes the farm land more valuable as it now offers a wide variety of opportunities. It is capable of more than one use. So if the government was to compulsorily acquire the same, it would have to contend with what in planning language we term “highest and best use”. This means, for government to acquire the Bamalete Farm, they would pay a market price beyond that of agricultural land.

If it is the intention of government to take the Balete Farm, only to convert it to tribal use, it would be a travesty of justice, to knowingly devalue such prime property.

If I was to advise government, I would encourage the tribe to create a township and develop the land to its fullest potential either as a partner with the tribe or to encourage the Botswana Investment and Trade Centre to work hand in hand with the trust to find partners to develop the land.

This is what should obtain, in my view and I don’t see the appeal being successful.

Dedicated to my friend – Matshidiso Fologang – who fought for the land, to remain mo morafeng. May His Soul Rest in Peace.