Integrity of the Judiciary under threat

Botswana Federation of Trade Unions learns with dismay and shock that President Mokgweetsi Masisi may have interfered in the case which the Balete have successively sought their rights over Farm Forest Hill K- 90.

These allegations if true threaten to undermine the integrity of the Judiciary and more importantly the long held tradition of the rule of law.

These allegations came to the surface at a kgotla meeting hosted by the Balete

Paramount Chief, Kgosi Mosadi Seboko, when reporting back to the tribe on the status of their case before the courts of which government has appealed. Kgosi Mosadi has alleged she was invited by the President and was under instruction to come alone to the residence of the President.

At the set meeting, she claims that the President told her that he spoke to the judges presiding over their case at the Court of Appeal and that after the Balete losing their appeal they will give them back their land. The Federation notes the response of the office of the President to Kgosi

Mosadi’s allegations. Notwithstanding the contents of the response and with due regard for the integrity and authority of Kgosi Mosadi, we believe that indeed there cannot be smoke without fire.

Thus, in the view of the BFTU, the allegations raised are far too serious and they paint a picture of a banana republic, but more importantly their allegations give credence to concerns previously raised by BFTU especially in its submission to the Constitution Review Commission.

In its submission to the Presidential Review Commission in July this year,

BFTU highlighted the need for separation of powers.

This is in recognition of the inherent danger or risk of the Executive especially the President, manipulating other arms of government in particular the Judiciary.

The norm legislation of separation of powers in effect leaves the President with wide and extensive powers as stated in Section 47 of the Constitution of Botswana that he may in the exercise of any function conferred upon him act in his own deliberate judgment and not obliged to follow the advice tendered by any person or authority.

As BFTU we want a government that is, in terms of the Constitution, a servant of the people, and not their master, and a President who is only the most Senior Public Servant, and not the proverbial King of the Jungle, as the word Tautona suggests.

In the submission to the Presidential Review Commission, BFTU proposed that the right to access housing and land be included.

This right will insure that the Balete are not evicted from their land of which they hold the title deed of the land.

The right to access housing and land will insure that the Executive powers are not misused to take away the rights of the people.

The Constitution of Botswana under the present Bill of rights states that a person is protected from deprivation of property and this doesn’t seem to apply in the case of the Bamalete as shown by a protracted case in which the Balete Land Board has been fighting to take the title deed of the land Farm Forest Hill K- 90 from the Community who are its rightful owner.

The Botswana Federation of Trade Unions demands proper regard for the law and good faith in dealing with tribal matters so as to preserve unity, peace and that will give the nation pride.

BFTU fully supports Kgosi Seboko in her fight for Farm Forest Hill K- 90 as we believe she has the papers that give her entitlement and ownership of the land and those with executive powers should not use their powers to forcefully take the land away.

It is the BFTU’s strongest view that the rule of law must have universal application regardless of creed, class or tribe.