Land row erupts in Kgatleng
Did Masisi mislead the nation? Kgatleng Land owners and developers petition the President
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.