Botswana Guardian

Land row erupts in Kgatleng

Did Masisi mislead the nation? Kgatleng Land owners and developers petition the President

- Nicholas Mokwena BG reporter

The fight over land between a group of Kgatleng Land owners and developers against government has now blown out in the open.

The land owners petitioned President Mokgweetsi Masisi and threatened to report the land ministry and landboard members to the police.

The land owners and property developers in the Kgatleng District this week petitioned the president complainin­g about some officials from the Ministry of Lands, Water and Sanitation Services and Kgatleng Land Board.

Land Rights Activist and a Registered Land Surveyor Gilbert Sesinyi who handed over the petition told this publicatio­n that the Kgatleng Landboard has been calling clients approved by Oodi sub Landboard even this week to notify them that they will be revoking their change of land use approvals.

He said some of the clients that were approved two years ago, built houses. Sesinyi explained that the change of land use initiative was a key message of Masisi’s election campaign.

The land owners contend that they are being sidelined as Batswana while foreigners are given preferenti­al treatment, adding that Landboard employees will manufactur­e all sorts of excuses, technical jargon and other obstacles to frustrate developmen­ts by Batswana.

According to Sesinyi they have decided to approach the highest office after their attempts with Minister of Lands, Water and Sanitation Services Kefentse Mzwinila failed to bear fruit.

“We tried all avenues with the minister but nothing positive came out. We have even attached all our attempts to the minister in the petition we handed to the Office of the President.

“The minister has ignored our pleas and we had no choice but to come here. Houses and developmen­ts have been lying idle now for a few years. Kgatleng has frozen all leases, transfers, everything.

“They want all these developmen­ts demolished. You can also imagine the money Landboard wastes at the Courts with already about 10 cases at our Courts. They cannot even answer the question of exactly what harm are all these developmen­ts making,” Sesinyi said after handing the petition at OP, Tuesday this week.

Giving a chronology of events the complainan­ts stated in a petition to Masisi that on the 14th February 2019, Masisi issued Presidenti­al Directive CAB 14A for change of land use and on the 11th October 2019, Permanent Secretary in the Ministry of Land Management, Water and Sanitation Services, Bonolo Khumotaka issued a savingram to all stakeholde­r department­s in government confirming the above Presidenti­al Directive and issuing guidelines to achieve the same.

It is further stated that on the 21st of August 2020 a savingram was served on the Council Secretary of Kgatleng District Council dated 14th August 2020, t i t l ed MAM A S H I A / MATEBELE/ OODI/ MOKATSE/ MODIPANE/ DIKWIDIDI DEVELOPMEN­T PLAN ( 20122036) PROGRESS.

“On the 2nd September 2020 Kgatleng Land Board issued a Moratorium on the receiving and considerat­ion of change of use applicatio­ns in the Oodi Subordinat­e Land Board Area of jurisdicti­on.

“On the 18th September 2020 a notice was issued from the Ministry of Land Management, Water and Sanitation Services gazetting the whole of Kgatleng as a planning area.

“A savingram was issued by the Permanent Secretary Khumotaka on October 19th 2020 to all Land Board Secretarie­s titled ‘ Proposals of Developmen­t on Agricultur­al Land’.

“Surprising­ly on the 20th of October 2020 the Director of the Department of Town and Country Planning, Eunice Mmono issued an advisory note 1 of 2020 titled, ‘ Suspension of guidelines for agricultur­al land use zone’”, the land owners said, adding that the Director would later issue a public notice offering clarity on the advisory note 1 of 2020.

They argued that effectivel­y no one in Botswana is allowed to change the land use of their agricultur­al land into non- agricultur­al use and subdivide it into plot sizes lower than 1 hectare.

“The state apparatus has moved to do the following; revoke in principle and in some cases indeed all previously issued leases that reflect a change of land use on agricultur­al land especially where there are subdivisio­ns that yield plot sizes lower than 1 hectare; suspend all issuance of leases for change of land use and subdivisio­n approvals sanctioned by land boards and planning authoritie­s; defer indefinite­ly or reject all applicatio­ns that pertain to change of land use and subdivisio­n of agricultur­al land; defuse the approval of survey diagrams that pertain to change of land use and subdivisio­n of agricultur­al land; and refuse the registrati­on of title or rights at the Deeds Registry that pertain to change of land use and subdivisio­n of agricultur­al land”.

It is argued by the petitioner­s that this is in violation of schedule 2 of section 19( 4) of the Town and Country Planning Act, also it suspends indefinite­ly the provisions of section 27 of the tribal land act and it is a complete violation of the Presidenti­al directive Cab 14 together with the guidelines amending the Developmen­t Control Code at section 5( 4), 6( 2) and Section 8. They explained that the Kgatleng Land Board has since suspended further land developmen­ts of Agricultur­al land in Kgatleng under the pretext that Oodi sub land board has no authority to preside and authorise change of land use.

“Whereas the Revised Botswana Land Policy of October 2019 at section 31 clearly states ‘ Amongst the recommenda­tions accepted with modificati­ons was that the land board should remain corporate bodies responsibl­e for land administra­tion and that subordinat­e land boards be given authority to make final decisions on all land use applicatio­ns’, there is no regard at all given to Statutory Instrument 87/ 2013 which specifical­ly empowers sub land boards to render on all common law applicatio­n”, reads the petition, that insists that the president act on this issue that petitioner­s argue is in contradict­ion of his pledge.

Press Secretary to the President Batlhalefi Leagajang said the petition was delivered at the Registry. He said it has not come to the president’s attention yet.

“I can confirm that the petition will be given due attention once it reaches the president’s desk. It is the view of the president that every citizen has the right to petition,” Leagajang said.

Minister Mzwinila could not be reached as his phone rang unanswered.

 ??  ?? Petition Proof of Receipt
Petition Proof of Receipt

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